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Documente Profesional
Documente Cultură
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SPECIAL ISSUE
455
PART
II-
REGISTRATION OF CONTRACTORS
as contractor.
Evaluation of application.
Certificate of Registration.
Exemption from registration for local contractor.
Renerval of registration
Transfer of records.
Registration of florei gn contractors.
PAKT III
15.
16.
JOINT V ENTURES
17.
18.
19. Accreditation.
20. Classes of skilled construction rvorkers.
2l. Classes of construction site supervisors.
6th June,20l4
456
22. EligibilityforAccreditation.
23: Validity of Accreditation.
24. Rejection of application.
PART VI_COLLECTION AND PAYMENT OF CONSTRUCTION
LEVY
25.
26.
Imposition o(levy.
Olvner to report.
PART VII-ENFORCEMENT
27. Fees.
28. Investigation of complaint or suspicion.
29. Removal from Register.
30. Liability of principals and employers.
FIRST SCHEDULE-EVALUATION
SECOND
SCHEDULE
CRITERIA
-EVALUATION OF OTHER
PARTICULARS
THIRD
SCHEDULE
- CLASSIFICATION OF WORKS
\No.4t of2Oll)
knd,
of the Authority
authorized by the Board to carry out its functions under the Act;
"certificate
of registration"
means
a certificate of
registration
in
the
"construction procurement" means procurement
Gonstruction industry, including the invitation, award and management
of contracts;
Citation.
lnterpretation.
Kenya Subsidiary
kgislation, 20l4
Act;
"investigating officer" means a person appointed as such under
section 23 of the Act;
intended;
the
Act;
"Principal" means
is a
partner in
457
4-58
PART II
-REGISTRAI'ION OF CONTRAC'TORS
3.
(a) certified
Applrcatron 1i'r
rc!lslIalton a:
c 0n lraclfr
as are necessary
shareholders' certificates
of
the
company;
(c)
(d) financial
(2) The Board may call for further particulars of the person or
firm, including but not limited to-
(a) certified
(b) rvhere there are more than trventy principals, certilied copies
of the identity documents of tu,enty principals of the firm;
(c) in the case of a foreign contractor-
(D
l8 of the Act;
(ii)
and
(0
made
purposes
Authority.
(5)
(6) An
or Kiswahili.
Ke ttya
Sub
sid
iart'
Le g
slation, 20 I 4
459
in
Evahrationof'
Application'
Certficate of
Regisration.
Exemption lionr
Rerrewal of
registt ation.
rr,'grrlirtion 4.
tt.
(I
rclation
suburit
(3) A pcrson aggrieved b1' thc dccision ol'thc lltlarcl may apply'
to the Appcals Boirrcl rvithin thirtl clal's froln thc ilate of ntttil'ication ttf
thc Board's decision, proviclccl that an) person ag-urieved by the
clecision ol the Appeals Board ural' preler a ftrrther appeal to the High
C--ourt rvithiu thirtl' days ol' the date ol the clecisitu by the Appeals
Board.
I catcgory shall
be
Restriction
the
ui"o*puni"a ty
Application lbl
rrpgradirtg'
460
the prescribed fee, and the Authority shall process the application in
accordance with the provisions of regulation 3.
in
Transferof records.
(a)
(b)
rJre name
the
cap
486
relevant law;
(c)
(2)
shalL be
Authority"iigitl.'lfor
and payment of the prescribed fees.
(7t) Where a foreign firm applies under this regulation to
undertake construction works or project under category NCA
l,
such
firm slhall demonstrate to the Authority its capacity for such works.
(3) The application under paragraph (l) shall be accompanied
by-
(a)
(b)
(c)
(d)
(i)
firm-
(ii)
(e)
(4)
Registrarionof
roreigncontractors'
Kenya Subsidiary
kgislation,
20
46t
Application for
renewal
licence.
Continuous
Professional
Development
15.
made
I
Registration ofJoint
ventures
agreements.
indicate-
the
joint venture;
(b) the sum of ihe available capital of all the members to the
joint venture;
c)
be
registered; and
of
the joint
ventures.
Ration ofownership
ofjoint verrtures.
17.
public
Registration
of
construction works.
462
(2) An
l4
for registration ol
project to the Authority in rvriting rvithin thirty days from the dare on
rvhich a tender for construction rvorks, contract or pro.ject is arvarded to
a contractor registered under this Act.
thc
(4) An application under paragraphs (2.1, shall indicatc(a) rvhether the project being registcrcd relates to a project that
of funding, w'hether by (iovcrnment, or donurs cofounded by the Government and donors rlr othcr pcrsons:
works.
contract or projects is arvarded to a pcrson, f'irrn or c()nlritctor rcgistcrcd
under this Act.
(6) The Authority shall, rvithin thirty days I'rorn reccipt ol'the
duly completed application form in tcrms <-rl'paragraphs l()(2) and (3)
register the construction rvorks contract or pro.jcct and issuc a
compl iance certificate.
in
relating
to-
pcri()(l
extended;
(d) rvhethcr all paymcnts owing tcl thr: contractor have bcen
scttled.
entered into
construction rvorks registcrcd undcr this Act rvithin thirty days l'rom thc
date of commencement of the proceedings,
18. (l)The orvner shall submit inlormation to thc Authority
identifying the person ol'thc orvncr's choice to act as a contacl person
to liaise rvith the Authority on the construction rvorks.
I(cprescntiltrvc ol
tlrc Owrrcr
Ke
I,A R'r
S
tlR'l't
ny'u Subsidiar
[. t c]A]'roN A N
t-
kg,islation,
20
l4
.163
D ACC REDT'fA'r'toN oF
A N I) (lON S'l'RtJCl'lON
Sl'l'll StiPERVlSORS
all
construction
Accr cdilatiorr
Scltctlrtlt:
lr r
lltc Acl
lirsscs
ol skilled
c0rsltucli(nr
ttlkcrs-
. A
tuccordancc
Classcs ol'
coilslt
Icli([r
srr;lctvisrl
silc
(a)
(b)
(2) A
or rcnerval
ol'
(b) posscsses such c\pcrie ncc w'lrcthe r irr Ke rtya rlr clscl'hcrc as,
ilr thc opinion ol' thc Authority, cornplcrncnts thc rcquircd
qualil'ications; or
(c) has othcrrvise satisl'icd thc Aut.hority that he posscsscs such
othcr qualif icalions or cxpcrienr:c. knorvlcdgc and skills as,
I:ligibility lirr
Accrcdilrliorr
464
in
these
Validity
of
accreditation.
Rejection
of
application.
that
is false; or
(c)
(l)
(2) A
in any certificate of
(3) Subject to paragraph (l), the Authority may suspend orcancel or refuse to accredit any construction rvorker or site supervisor
if-
such
such
465
every
LEVY
25. There shall be payable to the Authority by the owner of any
rvorks a construction levy of 0.5 per cent of the value of the contract
sum in respect of any construction works lvhose value exceeds five
million shillings.
Imposition oi lelry
Owner lo report
(2) The Authority shall notify the orvner of the amount of levy
to be paid in respect of the contract in paragraph (l) within fourteen
days of receipt of the notification and the leyy shall be paid before the
commencement of the contract works.
(3) The levy shall be paid to the Authority or its authorized
agents at such office or place as may be determined in writing or press
notification by the Authority.
(4)
of
these Regtrlations,
and
PART VII_ENFORCEMENI'
27. (l) There shall be payable to the Authoriti such f'ees lbr its
services as the Authority may, with the approval of the (labinet
Secretary, determine from time to time.
l"ees
166
(2)'fhc
(l)
l1
abovc shall bc
invcstigatious
al'tcr
it
is
rcs[)cct
carrlion or ccnsrlro.
'l'he Authority rnay stop the sxccution ol' any contrtrct rvorks
rvhcrc it is in the public intcrest to do so.
(9)
in a
procuretncnt
(h)
(c)
Rcnroval
Ilcgister.
litrr
tdl
467
is declared bankrupt; or
(e) is a compan)
(3) (-:pon conclusion ol' thc Inquiry, thc Authority shall publish
thc name <.rl an) c(rntractor rvho has bcen dercgistered and shall dircct
that all c()nstruction contracts being cxccutcd by that contractor bc
terminatcd i mmediatclr
FIRS'l'S(lHlil)UI-11
IIVALIJAI'ION
I-
PARl'
(lRl'l'HRIA
(R.4(l)
PART
INDUSTRY
FOR OFFICIALUSE
468
PART III
SPECIALIST CONTRACTORS
Contractor
Minimum requirement
Electrical Installations
Electrical License C2
2. Electrical Installations
Electrical License C2
I.
Escalators,
4. Radio co mmunication
Licensed by CCK
5. StructuralCabling.
Licensed by CCK
Licensed by CCK
Intercoms a ld Telephone
wiring).
7. Plumbing and Drainage.
Boilers Inspectors'
License/Certificate under section
67( I 8) of Occupational Safety
and Health Act 2007.
Pressure Vessels
SECOND
SCHEDULE
R.4(2)
Section I
Max. Points
Directors
t2
Staff Qualification
22
Financial status
30
Turnover l2 marks
Qualification
Section l:4
Section
II
o/o
Particulars
Remarks
Largest project
l2 marks
Section
III
Facilities
Section IV
Equipment Owned
l5
Section
Firms Experience
l6
TOTAL
100
Renya Subsidiary
Legislation,2014
469
THIRD SCHEDULE
CLASSIFICATION OF WORKSR.4(2)
NCA I
81-100
NCA 2
66-80
NCA
56-65
NCA 4
46-55
NCA 5
3G4,5
NCA 6
2t-35
NCA 7
r0-20
NCA
Below l0 points
CHARITY K, NGILU,