kenya electricity generating company plc · 2020-02-04 · 1 tender for supply, installation,...

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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division

KENYA ELECTRICITY GENERATING COMPANY PLC

KGN-GDD-026-2020

TENDER FOR SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF HDPE PIPES

FOR BRINE DISPOSAL FROM WELL HEADS FOR GEOTHERMAL DEVELOPMENT DIVISION

(Reserved for Enterprises Owned by Women)

Kenya Electricity Generating Company PLC

Stima Plaza Phase III, Kolobot Road, Parklands

P.O. BOX 47936-00100NAIROBI.

Website: www.kengen.co.ke

February 2020

http://www.kengen.co.ke/

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TABLE OF CONTENTS

TABLE OF CONTENTS ------------------------------------------------------------------------------------------------------------------- 2

SECTION I: INVITATION FOR TENDERS (IFT) ---------------------------------------------------------------------------------- 5

SECTION II: INSTRUCTION TO TENDERERS ------------------------------------------------------------------------------------ 6

SECTION III: TENDER DATA SHEET (TDS) ------------------------------------------------------------------------------------- 26

SECTION IV: GENERAL CONDITIONS OF CONTRACT -------------------------------------------------------------------- 36

SECTION V: SPECIAL CONDITIONS OF CONTRACT ------------------------------------------------------------------------ 49

SECTION VI: CONTRACTUAL REQUIREMENTS AND OBLIGATIONS ------------------------------------------------- 52

INSTRUCTIONS AND UNDERTAKING WORKS --------------------------------------------------------------------------------------------------------------- 52

WORKING HOURS ------------------------------------------------------------------------------------------------------------------------------------------- 52

ADMINISTRATIVE FACILITIES FOR THE CONTRACTOR ------------------------------------------------------------------------------------------------------- 52

SITE AND PROGRESS MEETINGS ---------------------------------------------------------------------------------------------------------------------------- 53

CONTRACT ADMINISTRATION ------------------------------------------------------------------------------------------------------------------------------- 53

MANAGEMENT OF THE CONSTRUCTION SITE --------------------------------------------------------------------------------------------------------------- 53

SECURITY, WATCHING AND LIGHTING---------------------------------------------------------------------------------------------------------------------- 53

PROTECTION OF WORKS FROM RAIN ---------------------------------------------------------------------------------------------------------------------- 54

PROTECTION OF EXISTING SERVICES ------------------------------------------------------------------------------------------------------------------------ 54

SURFACE TO BE INSPECTED ---------------------------------------------------------------------------------------------------------------------------------- 55

MATERIAL SUITABILITY -------------------------------------------------------------------------------------------------------------------------------------- 55

PACKAGING AND SHIPMENT -------------------------------------------------------------------------------------------------------------------------------- 56

MATERIAL STORAGE ----------------------------------------------------------------------------------------------------------------------------------------- 56

SAMPLES AND TESTING -------------------------------------------------------------------------------------------------------------------------------------- 56

PROPRIETARY MATERIALS ----------------------------------------------------------------------------------------------------------------------------------- 56

REJECTED WORKMANSHIP AND MATERIALS --------------------------------------------------------------------------------------------------------------- 57

CONTRACTOR’S SUPERINTENDENCE ------------------------------------------------------------------------------------------------------------------------ 57

PROVISION OF LABOUR ------------------------------------------------------------------------------------------------------------------------------------- 57

LABOUR ACT AND OTHER GOVERNING LAWS OF KENYA --------------------------------------------------------------------------------------------------- 57

GENDER RULE ----------------------------------------------------------------------------------------------------------------------------------------------- 57

EMPLOYMENT OF STAFF ------------------------------------------------------------------------------------------------------------------------------------ 57

PAYMENT OF WAGES, SALARY AND OTHER BENEFITS ----------------------------------------------------------------------------------------------------- 57

MINIMUM WAGE ------------------------------------------------------------------------------------------------------------------------------------------- 58

DELAYED OR NON-PAYMENT OF WAGES, SALARIES AND OTHER BENEFITS ------------------------------------------------------------------------------- 58

DOCUMENTATIONS OF EMPLOYEES AND THEIR PAYMENTS ----------------------------------------------------------------------------------------------- 58

CONTRACTOR’S ACCOMMODATION AND TRANSPORT ----------------------------------------------------------------------------------------------------- 58

DRINKING WATER FOR STAFF------------------------------------------------------------------------------------------------------------------------------- 59

SAFETY AND ENVIRONMENT REQUIREMENTS -------------------------------------------------------------------------------------------------------------- 59

SAFETY AT SITE ----------------------------------------------------------------------------------------------------------------------------------------------- 60

OCCUPATIONAL, HEALTH AND SAFETY REQUIREMENTS; SAFETY PRECAUTIONS AND FIRST AID -------------------------------------------------------- 60

PERSONAL PROTECTIVE EQUIPMENT ----------------------------------------------------------------------------------------------------------------------- 60

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ENVIRONMENTAL PROTECTION ----------------------------------------------------------------------------------------------------------------------------- 60

MATERIALS & WASTE DISPOSAL; DISPOSAL OF CONSTRUCTION WASTES ------------------------------------------------------------------------------- 60

PROTECTION OF COMPLETED WORK AND CLEARING UPON COMPLETION ------------------------------------------------------------------------------- 61

LEAVE WORKS CLEAN --------------------------------------------------------------------------------------------------------------------------------------- 61

ITEMS TO BE SUPPLIED BY THE EMPLOYER ----------------------------------------------------------------------------------------------------------------- 61

INSURANCE --------------------------------------------------------------------------------------------------------------------------------------------------- 62

INDEMNITY --------------------------------------------------------------------------------------------------------------------------------------------------- 62

CLIENTS LAPTOP AND PRINTERS ---------------------------------------------------------------------------------------------------------------------------- 62

SUPERVISION VEHICLE --------------------------------------------------------------------------------------------------------------------------------------- 63

CLERK OF WORKS ------------------------------------------------------------------------------------------------------------------------------------------- 65

SECTION VII: TECHNICAL SPECIFICATIONS -------------------------------------------------------------------------------- 67

ATTACH CERTIFICATE OF WARRANTY FROM THE MANUFACTURER FOR GOODS SUPPLIED IN ACCORDANCE TO REQUIREMENTS IN THE TECHNICAL

SPECIFICATIONS. --------------------------------------------------------------------------------------------------------------------------------------------- 67

Guarantee Certificate: -------------------------------------------------------------------------------------------------------------------------------- 68

LOCATION AND EXTENT OF PROJECT SITE (S) -------------------------------------------------------------------------------------------------------------- 69

SCOPE OF SUPPLY-------------------------------------------------------------------------------------------------------------------------------------------- 69

Special REQUIREMENTS for performing the Job ----------------------------------------------------------------------------------------------- 70

APPLICABLE TESTS ------------------------------------------------------------------------------------------------------------------------------------------- 72

CONSTRUCTION DRAWINGS -------------------------------------------------------------------------------------------------------------------------------- 73

DETAILED TECHNICAL SPECIFICATION FOR DN150 HDPE PIPELINE. ------------------------------------------------------------------------ 73

APPLICABLE STANDARDS: ----------------------------------------------------------------------------------------------------------------------------- 74

HDPE PIPES SPECIFICATIONS: ------------------------------------------------------------------------------------------------------------------------- 75

JOINING BY BUTT WELDING & COMMISSIONING JOBS ----------------------------------------------------------------------------------------------------- 76

SECTION VIII: PREAMBLE TO BILL OF QUANTITIES ---------------------------------------------------------------------- 80

SECTION IX: BILL OF QUANTITIES ----------------------------------------------------------------------------------------------- 93

SECTION X: STANDARD FORMS --------------------------------------------------------------------------------------------------- 95

SITE VISIT CERTIFICATE --------------------------------------------------------------------------------------------------------------------------------- 96

FORM OF TENDER --------------------------------------------------------------------------------------------------------------------------------------- 97

NOTARIZED POWER OF ATTORNEY ----------------------------------------------------------------------------------------------------------------- 98

MANDATORY ELIGIBILITY & QUALIFICATION DATA; TENDER QUESTIONNAIRE --------------------------------------------------------- 99

MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE---------------------------------------------------------------------------------- 100

FINANCIAL INFORMATION --------------------------------------------------------------------------------------------------------------------------------- 104

PROPOSED WORK PLAN & METHODOLOGY ------------------------------------------------------------------------------------------------------------- 108

Programme of Works ----------------------------------------------------------------------------------------------------------------------------- 109

Drawings and Documentation to be Submitted with Tender -------------------------------------------------------------------------- 110

Contractor’s Equipment -------------------------------------------------------------------------------------------------------------------------- 111

Particular Experience Record of the Tenderer --------------------------------------------------------------------------------------------- 113

Key Personnel --------------------------------------------------------------------------------------------------------------------------------------- 114

CVs of Key Personnel------------------------------------------------------------------------------------------------------------------------------ 115

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Contractors and Suppliers Quality Assurance Details ------------------------------------------------------------------------------------ 116

Deviations from Specifications ----------------------------------------------------------------------------------------------------------------- 117

DETAILS OF SUBCONTRACTORS --------------------------------------------------------------------------------------------------------------------------- 118

SECTION XI: SECURITY FORMS -------------------------------------------------------------------------------------------------- 119

TENDER-SECURING DECLARATION FORM ------------------------------------------------------------------------------------------------------- 120

MANUFACTURER’S AUTHORIZATION FORM --------------------------------------------------------------------------------------------------- 121

TENDER SECURITY (BANK GUARANTEE) --------------------------------------------------------------------------------------------------------- 122

PERFORMANCE BANK OR INSURANCE GUARANTEE [UNCONDITIONAL] --------------------------------------------------------------- 124

ADVANCE PAYMENT GUARANTEE ---------------------------------------------------------------------------------------------------------------- 125

FORM OF CONTRACT AGREEMENT --------------------------------------------------------------------------------------------------------------- 126

INTEGRITY DECLARATION --------------------------------------------------------------------------------------------------------------------------- 128

ANTI-CORRUPTION DECLARATION PLEDGE ----------------------------------------------------------------------------------------------------- 130

APPLICATION TO PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD --------------------------------------------------------- 131

ANNEX B: FORM OF DISPUTE ADJUDICATION AGREEMENT -------------------------------------------------------------------------------- 132

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SECTION I: INVITATION FOR TENDERS (IFT)

The Company invites sealed tenders from eligible candidates (Enterprises Owned by Women) for the

TENDER FOR SUPPLY, INSTALLATION, and TESTING AND COMMISSIONING OF HDPE

PIPES FOR BRINE DISPOSAL FROM WELL HEADS FOR GEOTHERMAL DEVELOPMENT

DIVISION whose specifications are detailed in the Tender Document.

Interested eligible candidates may obtain further information during official working hours starting at the date of

advert at the office of:

Supply Chain Director

Tel: (254) (020) 3666000

Email: [email protected]; cc [email protected]

Tenders must be submitted in plain and sealed envelope marked ―KGN-GDD-026-2020 - TENDER FOR

SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF HDPE PIPES FOR BRINE

DISPOSAL FROM WELL HEADS FOR GEOTHERMAL DEVELOPMENT DIVISION‖ addressed;

Company Secretary & Legal Affairs Director


10th Floor, KenGen Pension Plaza Phase II

Kolobot Road, Parklands

P O Box 47936 - 00100

NAIROBI, KENYA

On or before: 24th February 2020 at 2.00PM

There will be a MANDATORY SITE VISIT at Olkaria Geothermal Plaza on 14th February 2020 at 10.00AM for bidders to familiarize themselves with the site.

Tenders will be opened on 24th February 2020 at 2.30PM at KenGen Pension Plaza Phase II Tender Opening

Room, Ground Floor, and in the presence of the candidate‘s representatives who choose to attend.

N/B: KenGen adheres to high standards of integrity in its business operations. Report any unethical behaviour

immediately to the provided anonymous hotline service.

1) Call Toll Free: 0800722626

2) FreeFax: 00800 007788

3) Email: [email protected]

4) Website : www.tip-offs.com

SUPPLY CHAIN DIRECTOR

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SECTION II: INSTRUCTION TO TENDERERS

A. Introduction

1. Scope of tender 1.1 The Procuring Entity indicated in the Tender Data Sheet (TDS) invites

Tenders for the construction of works as specified in the Tender Data Sheet

1.2 The successful Tenderer will be expected to complete the works by the

completion date he/she has indicated.

1.3 The objectives of the works are listed in the (Technical Specifications)

2. Eligible Tenderers 2.1 A Tenderer may be a natural person, private or public company, government-

owned institution, subject to sub-Clause 3.4 or any combination of them with a

formal intent to enter into an agreement or under an existing agreement in the

form of a joint venture, consortium, or association. In the case of a joint

venture, consortium, or association, all parties shall be jointly and severally

liable.

2.2 The Invitation for Tenders is open to all Contractors as defined in the Public

Procurement and Disposal Act, 2005 and the Public Procurement and Disposal

Regulations, 2006 except as provided hereinafter.

2.3 National Tenderers shall satisfy all relevant licensing and/or registration with

the appropriate statutory bodies in Kenya, such as the Ministry of Public

Works, National Construction Authority or the Energy Regulatory

Commission.

2.4 A Tenderer shall not have a conflict of interest. All Tenderers found to have a

conflict of interest shall be disqualified. A Tenderer may be considered to have

a conflict of interest with one or more parties in this Tendering process, if they:

a) Are associated or have been associated in the past directly or indirectly

with employees or agents of the Procuring Entity or a member of a

board or committee of the Procuring Entity;

b) Are associated or have been associated in the past, directly or

indirectly with a firm or any of its affiliates which have been engaged by

the Procuring Entity to provide consulting services for the preparation

of the design, specifications and other documents to be used for the

procurement of the works under this Invitation for Tenders;

c) Have controlling shareholders in common; or

d) Receive or have received any direct or indirect subsidy from any of

them; or

e) Have the same legal representative for purposes of this Tender; or

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A. Introduction

f) Have a relationship with each other, directly or through common third

parties, that puts them in a position to have access to information

about or influence on the Tender of another Tenderer, or influence the

decisions of the Procuring Entity regarding this Tendering process; or

g) Submit more than one Tender in this Tendering process. However, this

does not limit the participation of subcontractors in more than one

Tender, or as Tenderer and subcontractor simultaneously.

2.5 A Tenderer will be considered to have a conflict of interest if they participated

as a consultant in the preparation of the design or technical specification of the

project and related services that are the subject of the Tender.

2.6 Tenderers shall not be under a declaration of ineligibility for corrupt and

fraudulent practices issued by the Government of Kenya in accordance with

TDS and GCC

2.7 Government owned enterprises in Kenya may participate only if they are legally

and financially autonomous, if they operate under commercial law, are

registered by the relevant registration board or authorities and if they are not a

dependent agency of the Government.

2.7 Tenderers shall provide such evidence of their continued eligibility satisfactory

to the Procuring Entity, as the Procuring Entity shall reasonably request.

3. One Tender per

Tenderer

3.1 A firm shall submit only one Tender, in the same Tendering process, either

individually as a Tenderer or as a partner in a joint venture pursuant to ITT

Clause 5.

3.2 No firm can be a subcontractor while submitting a Tender individually or as a

partner of a joint venture in the same Tendering process.

3.3 A firm, if acting in the capacity of subcontractor in any Tender, may participate

in more than one Tender but only in that capacity.

3.4 A Tenderer who submits or participates in more than one Tender (other than

as a subcontractor or in cases of alternatives that have been permitted or

requested) will cause all the Tenders in which the Tenderer has participated to

be disqualified.

4. Alternative

Tenders

by Tenderers

4.1 Tenderers shall submit offers that comply with the requirements of the

Tendering documents, including the basic Tenderer‘s technical design as

indicated in the specifications and Drawings and Bill of Quantities. Alternatives

will not be considered, unless specifically allowed for in the Tender Data

Sheet. If so allowed, sub-Clause 4.2 and 4.3 shall govern.

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A. Introduction

4.2 When alternative times for completion are explicitly invited, a statement to

that effect will be included in the Tender Data Sheet as will the method of

evaluating different times for completion.

4.3 If so allowed in the Tender Data Sheet, Tenderers wishing to offer technical

alternatives to the requirements of the Tendering documents must also submit

a Tender that complies with the requirements of the Tendering documents,

including the basic technical design as indicated in the specifications. In addition

to submitting the basic Tender, the Tenderer shall provide all information

necessary for a complete evaluation of the alternative by the Procuring Entity,

including technical specifications, breakdown of prices, and other relevant

details. Only the technical alternatives, if any, of the lowest evaluated Tenderer

conforming to the basic technical requirements shall be considered by the

Procuring Entity.

5. Cost of Tendering 5.1 The Tenderer shall bear all costs associated with the preparation and

submission of its Tender, and the Procuring Entity shall in no case be

responsible or liable for those costs, regardless of the conduct or outcome of

the Tendering process.

6. Site Visit and Pre-

Tender Meeting

6.1 The Tenderer, at the Tenderer‘s own responsibility and risk, is advised to visit

and examine the Site of Works and its surroundings and obtain all information

that may be necessary for preparing the Tender and entering into a contract

for construction of the Works. The costs of visiting the Site shall be at the

Tenderer‘s own expense.

6.2 The Procuring Entity may conduct a site visit and a pre-Tender meeting. The

purpose of the pre-Tender meeting will be to clarify issues and to answer

questions on any matter that may be raised at that stage.

6.3 The Tenderer‘s designated representative is invited to attend a site visit and

pre-Tender meeting which, if convened, will take place at the venue and time

stipulated in the Tender Data Sheet.

6.4 The Tenderer is requested as far as possible, to submit any questions in writing

or by electronic means to reach the procuring Entity before the pre-Tender

meeting. It may not be practicable at the meeting to answer all questions, but

questions and responses will be transmitted in accordance with sub-Clause 6.5.

6.5 Minutes of the pre-Tender meeting, including the text of the questions raised

and the responses given together with any responses prepared after the pre-

Tender meeting will be transmitted within the time stated in the Tender Data

Sheet to all purchasers of the Tendering documents. Any modification of the

Tendering documents listed in sub-Clause 8.1 that may become necessary as a

result of the pre-Tender meeting shall be made by the Procuring Entity

exclusively through the issue of an Addendum pursuant to ITT sub Clause 10.2

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A. Introduction

and not through the minutes of the pre-Tender meeting.

6.6 Non-attendance during the site visit or pre-Tender meeting will not be a cause

for disqualification of a Tenderer unless specified to the contrary in the

Tender Data Sheet.

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B. Tendering Documents

7.0 Content of

Tendering

Documents

7.1 The works required, Tendering procedures, and contract terms are prescribed in

the Tendering Documents. In addition to the Section I Invitation for Tenders,

Tendering documents which should be read in conjunction with any addenda

issued in accordance with ITT sub Clause 9.2 include:

Section II Instructions to Tenderers

Section III Tender Data Sheet

Section IV General Conditions of Contract

Section V Contract Data Sheet

Section VI Specifications

Section VII Drawings

Section VIII Bill of Quantities

Section IX Forms of Tender

o Form of Tender

o Appendix to Tender

o Confidential Business Questionnaire

o Integrity Declaration

o Letter of Acceptance

o Form of Contract Agreement

Forms of Security

o Tender Security Form

o Performance Bank or Insurance Guarantee

o Advance Payment Guarantee

7.2 The number of copies to be completed and returned with the Tender is specified

in the Tender Data Sheet.

7.3 The Invitation for Tenders (Section I) issued by the Procuring Entity is not part of

the Tendering Documents and is included for reference purposes only. In case of

discrepancies between the Invitation for Tenders and the Tendering Documents

listed in sub-Clause 7.1 above, the said Tendering Documents will take

precedence.

7.4 The Procuring Entity is not responsible for the completeness of the Tendering

Documents and their addenda, if they were not obtained directly from the

authorized staff of the Procuring Entity.

7.5 The Tenderer is expected to examine all instructions, forms, terms and

specifications in the Tendering documents. Failure to furnish all information

required by the Tendering Documents or to submit a Tender substantially

responsive to the Tendering documents in every respect will be at the Tenderer‘s

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risk and may result in the rejection of its Tender.

8. Clarification of

Tendering

Documents

8.1 A prospective Tenderer requiring any clarification of the Tendering documents

may notify the Procuring Entity in writing, e-mail or facsimile at the Procuring

Entity's address indicated in the Tender Data Sheet.

8.2 The Procuring Entity will within the period stated in the Tender Data Sheet

respond in writing to any request for clarification provided that such request is

received no later than the period indicated in the Tender Data Sheet prior to

the deadline for the submission of Tenders prescribed in sub-Clause 21.1.

8.3 Copies of the procuring entity's response will be forwarded to all Purchasers of

the Tendering documents, including a description of the inquiry, but without

identifying its source.

8.4 Should the Procuring Entity deem it necessary to amend the Tendering

documents as a result of a clarification, it shall do so following the procedure

under ITT Clause 9

9. Amendments of

the

Tendering

Documents

9.1 Before the deadline for submission of Tenders, the Procuring Entity may, for any

reason, whether at its own initiative or in response to a clarification requested by

a prospective Tenderer, modify the Tendering documents by issuing addenda.

9.2 Any addendum issued shall be part of the Tender documents pursuant to sub-

Clause 7.1 and shall be communicated in writing, by e-mail or facsimile to all who

have obtained the Tendering documents directly from the Procuring Entity.

9.3 In order to allow prospective Tenderers reasonable time in which to take an

addendum into account in preparing their Tenders, the Procuring Entity at its

discretion shall extend, as necessary, the deadline for submission of Tenders, in

accordance with sub-Clause 21.2

C. Preparation of Tenders

10. Language of

Tender

10.1 The Tender, and all correspondence and documents related to the Tender

exchanged by the Tenderer and the Procuring Entity shall be written in the

Tender language stipulated in the Tender Data Sheet. Supporting documents

and printed literature furnished by the Tenderer may be in another language

provided they are accompanied by an accurate translation of the relevant passages

in the above stated language, in which case, for purposes of interpretation of the

Tender, the translation shall prevail.

11. Documents

Constituting the

Tender

11.1 The Tender submitted by the Tenderer shall consist of the following components:

a) The Form of Tender (in the format indicated in this Tender Document)

completed in accordance with ITT Clause 14, 15 and 16;

b) Information requested by Instructions to Tenderers ITT sub-Clause 12.2;

12.3 and 12.4;

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c) Tender Security or Tender Securing Declaration in accordance with

Instructions to Tenderers ITT Clause 18;

d) Priced Bill of Quantities;

e) Qualification Information Form and Documents;

f) Alternative offers where invited in accordance with Instructions to

Tenderers ITT Clause 4;

g) Written confirmation authorizing the signatory of the Tender to commit

the Tenderer in accordance with Instructions to Tenderers ITT sub

Clause 18.2; and

h) And any information or other materials required to be completed and

submitted by Tenderers, as specified in the Tender Data Sheet.

12. Documents

Establishing

Eligibility and

Qualifications

of the

Tenderer

12.1 Pursuant to ITT Clause 12, the Tenderer shall furnish, as part of its Tender,

documents establishing the Tenderer‘s eligibility to Tender and its qualifications to

perform the contract if its Tender is accepted.

12.2 In the event that pre-qualification of potential Tenderers has been undertaken,

only Tenders from pre-qualified Tenderers will be considered for award of

contract. These qualified Tenderers should submit their Tenders with any

information updating the original pre-qualification applications or, alternatively,

confirm in their Tenders that the originally submitted pre-qualification information

remains essentially correct as of the date of Tender submission. The update or

confirmation should be provided in Section IX.

12.3 If the Procuring Entity has not undertaken pre-qualification of potential Tenderers,

to qualify for award of the contract, Tenderers shall meet the minimum qualifying

criteria specified in the Tender Data Sheet:

12.4 Tenders submitted by a joint venture of two or more firms as partners shall

comply with the following requirements, unless otherwise stated in the Tender

Data Sheet:

a) The Tender shall include all the information listed in the Tender Data

Sheet pursuant to sub-Clause 12.3 above for each joint venture partner;

b) The Tender shall be signed so as to be legally binding on all partners;

c) One of the partners will be nominated as being in charge, and this

authorization shall be evidenced by submitting a power of attorney signed

by legally authorized signatories of all the partners;

d) The partner in charge shall be authorized to incur liabilities and receive

instructions for and on behalf of any and all partners of a joint venture and

the entire execution of the Contract, including payment, shall be done

13


exclusively with the partner in charge;

e) All partners of the joint venture shall be liable jointly and severally for the

execution of the contract in accordance with the contract terms and a

statement to this effect shall be included in the authorization mentioned

under (c) above as well as in the Tender and in the Agreement (in case of

a successful Tender); and

f) A copy of the joint venture agreement entered into by all partner shall be

submitted with the Tender. Alternatively, a Letter of Intent to execute a

joint venture agreement in the event of a successful Tender shall be

signed by all partners and submitted with the Tender, together with a

copy of the proposed Agreement.

g) The Tender Security and Tender Securing Declaration as stated in

accordance with ITT Clause 18, and in case of a successful Tender, the

Agreement, shall be signed so as to be legally binding on all partners.

13. Lots Package 13.1 When Tendering for more than one contract under the lots arrangements, the

Tenderer must provide evidence that it meets or exceeds the sum of all the

individual requirements for the lots being tendered in regard to:

a) Average annual turnover;

b) Particular experience including key production rates;

c) Financial means, etc;

d) Personnel capabilities; and

e) Equipment capabilities.

13.2 In case the Tenderer fail to fully meet any of these criteria, it may be qualified only

for those lots for which the Tenderer meets the above requirement.

14. Form of

Tender

14.1 The Tenderer shall fill the Form of Tender furnished in the Tendering Documents.

The Form of Tender must be completed without any alterations to its format and

no substitute shall be accepted.

15. Tender Prices 15.1 The Contract shall be for the whole Works, as described in sub-Clause 1.1, based

on the priced Bill of Quantities submitted by the Tenderer.

15.2 The Tenderer shall fill in rates and prices for all items of the Works described in

the Bill of Quantities. Items for which no rate or price is entered by the

Tenderer will not be paid for by the Procuring Entity when executed and shall be

deemed covered by the other rates and prices in the Bill of quantities.

15.3 All duties, taxes and other levies payable by the Contractor under the Contract,

or for any other cause, as of the date 15 days prior to the deadline for submission

of Tenders, shall be included in the rates, prices and total Tender price submitted

by the Tenderer.

15.4 The rates and prices quoted by the Tenderer shall be subject to adjustment

during the performance of the Contract if provided for in the Tender Data

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Sheet and the provisions of the Conditions of Contract. The Tenderer shall

submit with the Tender all the information required under the Contract Data

Sheet.

16. Tender

Currencies

16.1 The unit rates and prices shall be quoted by the Tenderer in the currency as

specified in the Tender Data Sheet.

16.2 Tenderers shall indicate details of their expected foreign currency requirements in

the Tender, if any. The rates of exchange to be used by the Tenderers in arriving

at the local currency equivalent shall be the selling rates for similar transactions

established by the authority specified in the Tender Data Sheet prevailing on

the date 28 days prior to the latest deadline for submission of Tenders. These

exchange rates shall apply for all payments so that no exchange risk will be borne

by the Tenderer. In any case, payments will be computed using the rates quoted in

the Tender.

16.3 Tenderers may be required by the Procuring Entity to clarify their foreign

currency requirements and to substantiate that the amounts included in the rates

and prices and in the Contract Data Sheet are reasonable and responsive to sub-

Clause 16.1.

17. Tender

Validity

Period

17.1 Tenders shall remain valid for the period specified in the Tender Data Sheet

after the Tender submission deadline prescribed by the Procuring Entity, pursuant

to ITT Clause 21. A Tender valid for a shorter period shall be rejected by the

Procuring Entity as non-responsive.

17.2 In exceptional circumstances, prior to expiry of the original Tender validity

period, the Procuring Entity may request that the Tenderers extend the period of

validity for a specified additional period. The request and the Tenderers'

responses shall be made in writing or by cable. A Tenderer may refuse the

request without forfeiting its Tender Security or causing to be executed its

Tender Securing declaration. A Tenderer agreeing to the request will not be

required or permitted to otherwise modify the Tender, but will be required to

extend the validity of its Tender Security or Tender Securing declaration for the

period of the extension, and in compliance with ITT Clause 18 in all respects.

17.3 In the case of fixed price contracts, if the award is delayed by a period exceeding

sixty (60) days beyond the expiry of the initial Tender validity period, the contract

price will be increased by a factor specified in the request for extension. The

Tender evaluation shall be based on the Tender price without taking into

consideration on the above correction.

18. Tender

Security

and Tender

Securing

Declaration

18.1 Pursuant to ITT Clause 11, where required in the Tender Data Sheet, the

Tenderer shall furnish as part of its Tender, a Tender Security in original form and

in the amount and currency specified in the Tender Data Sheet.

A Tender Securing Declaration as specified in the Tender Data Sheet in the

format provided in section X shall be provided as a mandatory requirement.

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18.2 The Tender Security or Tender Securing Declaration is required to protect the

Procuring Entity against the risk of Tenderer‘s conduct which would warrant the

security‘s forfeiture, pursuant to ITT sub-Clause 18.9.

18.3 The Tender Security shall be denominated in the currency of the Tender and shall

be in one of the following forms:

a) Cash;

b) A Bank Guarantee;

c) An Insurance Bond issued by an insurance firm approved by the PPOA

located in Kenya;

d) An irrevocable letter of credit issued by a reputable bank.

18.4 The Tender Security shall be in accordance with the Form of the Tender Security

included in Section X or another form approved by the Procuring Entity prior to

the Tender submission.

18.5 The Tender Security shall be payable promptly upon written demand by the

Procuring Entity in case any of the conditions listed in sub-Clause 18.8 are

invoked.

18.6 Any Tender not accompanied by a Tender Security in accordance with sub-

Clauses 18.1 or 18.3 shall be rejected by the Procuring Entity as non-responsive,

pursuant to ITT Clause 27.

18.7 The Procuring Entity shall immediately release any Tender Security if:

a) The procuring proceedings are terminated;

b) The Procuring Entity determines that none of the submitted Tenders is

responsive;

c) A contract for the procurement is entered into.

18.8 The Tender Security shall be forfeited and the Tender Securing Declaration

executed if the Tenderer:

a) Withdraws its Tender after the deadline for submitting Tenders but

before the expiry of the period during which Tenders must remain valid;

b) Rejects a correction of an arithmetic error pursuant to sub-Clause 28.2;

c) Refuse to enter into a written contract in accordance with ITT Clause 39;

d) Fails to furnish the Performance Security (bond / guarantee) (bond /

guarantee) in accordance with ITT Clause 40.

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18.9 The Tender Security and Tender Securing Declaration of a joint venture must be

in the name of the joint venture submitting the Tender.

18.10 A Tenderer shall be suspended from being eligible for Tendering in any contract

with the Procuring Entity for the period of time indicated in the Tender Securing

Declaration:

a) If the Tenderer withdraws its Tender, except as provided in ITT sub-

Clauses 17.2 and 28.2; or

b) In the case of a successful Tenderer, if the Tenderer fails within the

specified time limit to:

(i) Sign the contract; or

(ii) Furnish the required Bond.

19. Format and

Signing of

Tender

19.1 The Tenderer shall prepare one original of the documents comprising the Tender

as described in ITT Clause 11 of these Instructions to Tenderers, with the Form

of Tender, and clearly marked ―ORIGINAL‖. In addition, the Tenderer shall

submit copies of the Tender, in the number specified in the Tender Data

Sheet, and clearly marked as ―COPIES‖. In the event of discrepancy between

them, the original shall prevail.

19.2 The original and all copies of the Tenders shall be typed or written in indelible ink

and shall be signed by a person or persons duly authorized to sign on behalf of the

Tenderer. This authorization shall consist of a written confirmation as specified

in the Tender Data Sheet and shall be attached to the Tender. The name and

position held by each person signing the authorization must be typed or printed

below the signature. All pages of the Tender, except for un-amended printed

literature, shall be initialled by the person or persons signing the Tender.

19.3 Any interlineations, erasures, or overwriting shall be valid only if they are initialled

by the person or persons signing the Tender.

19.4 The Tenderer shall furnish information as described in the Form of Tender on

commissions or gratuities, if any, paid or to be paid to agents relating to this

Tender and to contract execution if the Tenderer is awarded the contract

D. Submission of Tenders

20. Sealing and

Marking of

Tenders

20.1 The Tenderer shall seal the original and each copy of the Tender in separate

envelopes, duly marking the envelopes as ―ORIGINAL‖ and ―COPY‖. The

envelopes shall then be sealed in an outer envelope securely sealed in such a

manner that opening and resealing cannot be achieved undetected.

20.2 The inner and outer envelopes shall:

a) Be addressed to the Procuring Entity at the address given in the Tender

Data Sheet; and

17


b) Bear the Project name indicated in the Tender Data Sheet, the

Invitation for Tenders (IFT) title and number indicated in the Tender

Data Sheet, and a statement: ―DO NOT OPEN BEFORE,‖ to be

completed with the time and the date specified in the Tender Data

Sheet, pursuant to ITT sub-Clause 21.1.

20.3 In addition to the identification required in sub-Clause 20.2, the inner envelopes

shall also indicate the name and address of the Tenderer to enable the Tender be

returned unopened in case it is declared late, pursuant to sub-Clause 21.1 and for

matching purpose under ITT Clause 22

20.4 If the outer envelope is not sealed and marked as required by ITT sub clause 20.2,

the Procuring Entity shall assume no responsibility for misplacement or premature

opening of the Tender.

21. Deadline for

Submission

of Tenders

21.1 Tenders shall be received by the Procuring Entity at the address specified under

ITT sub-Clause 20.2 no later than the date and time specified in the Tender

Data Sheet.

21.2 The Procuring Entity may, in exceptional circumstances and at its discretion,

extend the deadline for the submission of Tenders by amending the Tendering

documents in accordance with ITT Clause 8, in which case all rights and

obligations of the Procuring Entity and Tenderers previously subject to the

deadline will thereafter be subject to the new deadline.

21.3 The extension of the deadline for submission of Tenders shall not be made later

than the period specified in the Tender Data Sheet before the expiry of the

original deadline.

22. Late Tenders 22.1 The Procuring Entity shall not consider for evaluation any Tender that arrives

after the deadline for submission of Tenders, in accordance with ITT Clause 21.

22.2 Any Tender received by the Procuring Entity after the deadline for submission of

Tenders shall be declared late, rejected and returned unopened to the Tenderer

23. Modification,

Substitution

and

Withdrawal

of Tenders

23.1 A Tenderer may modify or substitute or withdraw its Tender after it has been

submitted, provided that written notice of the modification, including substitution

or withdrawal of the Tender, is received by the Procuring Entity prior to the

deadline prescribed for submission of Tenders prescribed under ITT sub-Clause

21.1.

23.2 The Tenderer‘s modification or substitution or withdrawal notice shall be

prepared, sealed, marked, and dispatched in accordance with the provisions of

ITT Clauses 19 and 20 with the outer and inner envelopes additionally marked

―MODIFICATION‖ or SUBSTITUTION or ―WITHDRAWAL‖ as

appropriate. The notice may also be sent by electronic mail and facsimile, but

followed by a signed confirmation copy, postmarked no later than the deadline for

submission of Tenders.

18


23.3 No Tender may be withdrawn, replaced or modified in the interval between the

deadline for submission of Tenders and the expiration of the period of Tender

validity specified by the Tenderer on the Tender Form. Withdrawal of a Tender

during this interval shall result in the Tenderer‘s forfeiture of its Tender Security

or execution of Tender Securing Declaration, pursuant to the ITT sub-Clause

18.9.

23.4 Withdrawal of a Tender between the deadline for submission of Tenders and the

expiration of the period of Tender validity specified in the Tender Data Sheet

or as extended pursuant to sub-Clause 21.2 shall result in the forfeiture of the

Tender Security and execution of Tender Securing Declaration pursuant to ITT

sub-Clause 18.9.

23.5 Tenderers may only offer discounts to, or otherwise modify the prices of their

Tenders by submitting Tender modifications in accordance with this Clause, or

included in the original Tender submission.

E. Opening and Evaluation of Tenders

24. Opening of

Tenders

24.1 The Procuring Entity will open all Tenders including modifications, substitution or

withdraw notices made pursuant to ITT Clause 23, in public, in the presence of

Tenderers or their representatives who choose to attend and other parties with

legitimate interest and Tender proceedings, at the place on the date and at time

specified in the Tender Data Sheet. The Tenderers‘ representatives who are

present shall sign a register as proof of their attendance.

24.2 Envelopes marked ―WITHDRAWAL‖ shall be opened and read out first.

Tenders for which an acceptable notice of withdrawal has been submitted

pursuant to ITT Clause 23 shall not be opened but returned to the Tenderer. If

the withdrawal envelope does not contain a copy of the ―Power of Attorney‖

confirming the signature as a person duly authorized to sign on behalf of the

Tenderer, the corresponding Tender will be opened. Subsequently, all envelopes

marked "MODIFICATION" shall be opened and the submissions therein read

out in appropriate detail. Thereafter all envelopes marked or

"SUBSTITUTION" opened and the submissions therein read out in

appropriate detail.

24.3 All other envelopes shall be opened one at a time. The Tenderers' names, the

Tender prices, the total amount of each Tender and of any alternative Tender (if

alternatives have been requested or permitted), any discounts, the presence or

absence of Tender security, and such other details as the appropriate tender

opening committee may consider appropriate, will be announced by the Secretary

of the Tender Opening Committee at the opening.

24.4 Tenders or modifications that are not opened and not read out at Tender

opening shall not be considered further for evaluation, irrespective of the

circumstances. In particular, any discount offered by a Tenderer which is not read

out at Tender opening shall not be considered further.

24.5 Tenderers are advised to send in a representative with the knowledge of the

19


content of the Tender who shall verify the information read out from the

submitted documents. Failure to send a representative or to point out any un-

read information by the sent Tenderer‘s representative shall indemnify the

Procuring Entity against any claim or failure to read out the correct information

contained in the Tenderer‘s Tender.

24.6 No Tender will be rejected at Tender opening except for late Tenders which will

be returned unopened to the Tenderer, pursuant to ITT Clause 22.

24.7 The Secretary of the appropriate tender opening committee shall prepare minutes

of the Tender opening. The record of the Tender opening shall include, as a

minimum: the name of the Tenderers and whether or not there is a withdrawal,

substitution or modification, the Tender price per Lot if applicable, including any

discounts and alternative offers and the presence or absence of a Tender Security

or Tender Securing Declaration.

24.8 The Tenderers‘ representatives who are present shall be requested to sign the

record. The omission of a Tenderer‘s signature on the record shall not invalidate

the contents and affect the record.

24.9 A copy of the minutes of the Tender opening shall be furnished to individual

Tenderers upon request.

25. Confidentiality 25.1 Information relating to the examination, clarification, evaluation, and comparison

of Tenders and recommendations for the award of a Contract shall not be

disclosed to Tenderers or any other persons not officially concerned with such

process until the award to the successful Tenderer has been announced.

25.2 Any effort by a Tenderer to influence the Procuring Entity‘s processing of Tenders

or award decisions may result in the rejection of his Tender.

25.3 Notwithstanding sub-Clause 25.2, from the time of Tender opening to the time of

Contract award, if any Tenderer wishes to contact the Procuring Entity on any

matter related to the Tendering process, it should do so in writing.

26. Clarification of

Tenders

26.1 To assist in the examination, evaluation, comparison of Tenders and post-

qualification of the Tenderer, the Procuring Entity may, at its discretion, ask a

Tenderer for clarification of its Tender including breakdown of prices. Any

clarification submitted by a Tenderer that is not in response to a request by the

Procuring Entity shall not be considered.

26.2 The request for clarification and the response shall be in writing. No change in the

prices or substance of the Tender shall be sought, offered, or permitted except to

confirm the correction of arithmetic errors discovered by the Procuring Entity in

the evaluation of Tenders in accordance with ITT Clause 27.

26.3 From the time of Tender opening to the time of Contract award if any Tenderer

wishes to contact the Procuring Entity on any matter related to the Tender it

should do so in writing.

20


27. Preliminary

Examination of

Tenders

27.1 Prior to the detailed evaluation of Tenders, the Procuring Entity will determine

whether:

a) The Tender has been submitted in the required format;

b) Any Tender Security submitted is in the required form, amount and

validity period;

c) The Tender has been signed by the person lawfully authorized to do so;

d) The required number of copies of the Tender have been submitted;

e) The Tender is valid for the period required;

f) All required documents and information have been submitted; and

g) Any required samples have been submitted.

27.2 The Procuring Entity will confirm that the documents and information specified

under ITT Clause 11 and ITT Clause 12 have been provided in the Tender. If any

of these documents or information is missing, or is not provided in accordance

with the Instructions to Tenderers, the Tender shall be rejected. The

evaluation shall be carried out in three phases comprising compliance to

preliminary or general requirements, compliance to technical specifications and

financial evaluation. Tenderers deemed to be non-compliant to preliminary or

general requirements shall be disqualified henceforth and their bid not subjected

to the second phase of evaluation of compliance to Technical Specifications.

Similarly, tenderers whose bids shall be deemed to be non-compliant to Technical

Specifications shall be disqualified at that stage and their bids not subjected to the

final phase of financial evaluation. Bids established to be compliant to both

Preliminary or General Requirements shall be subjected to financial evaluation and

tender awarded to the lowest evaluated bidder. Apart from the requirements

captured in Section 27.0, some of the Preliminary or General Requirements are

captured in Sections IX (A-I) and Section X.

27.3 The Procuring Entity may waive any minor informality, nonconformity, or

irregularity in a Tender which does not constitute a material deviation, provided

such waiver does not prejudice or affect the relative ranking of any Tenderer.

27.4 A substantially responsive Tender is one which conforms to all the terms,

conditions, and specifications of the Tendering documents, without material

deviation or reservation. A material deviation or reservation is one that:

a) Affects in any substantial way the scope, quality, or execution of the

Works;

b) Limits in any substantial way, inconsistent with the Tendering documents,

the Procuring Entity's rights or the Tenderer‘s obligations under the

Contract; or

21


c) If rectified, would affect unfairly the competitive position of other

Tenderers presenting substantially responsive Tenders.

27.5 If a Tender is not substantially responsive, it will be rejected by the Procuring

Entity, and may not subsequently be made responsive by correction or withdrawal

of the non-conforming deviation or reservation.

28. Correction of

Errors

28.1 Tenders determined to be substantially responsive will be checked by the

Procuring Entity for any arithmetic errors. Errors will be corrected by the

Procuring Entity as follows:

If there is a discrepancy between unit prices and the total price that is obtained by

multiplying the unit price and quantity, the unit price shall prevail, and the total

price shall be corrected, unless in the opinion of the Procuring Entity there is an

obvious misplacement of the decimal point in the unit price, in which the total

price as quoted shall govern and the unit price shall be corrected;

a) If there is an error in a total corresponding to the addition or subtraction

of subtotals, the subtotals shall prevail and the total shall be corrected;

and

b) Where there is a discrepancy between the amounts in figures and in

words, the amount in words will govern.

28.2 The amount stated in the Tender will be adjusted by the Procuring Entity in

accordance with the above procedure for the correction of errors and, with, the

concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If

the Tenderer does not accept the corrected amount, its Tender will then be

rejected, and the Tender Security may be forfeited and the Tender Securing

Declaration may be executed in accordance with sub-Clause 18.9.

29. Conversion to

Single

Currency

29.1 To facilitate the evaluation and comparison, the Procuring Entity will convert all

Tender prices expressed in the amounts in various currencies in which the

Tender prices are payable to Kenya Shillings at the selling exchange rate

established for similar transactions by the Central Bank of Kenya ruling on the

date specified in the Tender Data Sheet.

30. Comparison of

Tenders

30.1 The Procuring Entity shall evaluate and compare only the Tenders determined to

be substantially responsive in accordance with ITT Clause 27.

30.2 In evaluating the Tenders, the Procuring Entity will determine for each Tender the

evaluated Tender price by adjusting the Tender price as follows:

a) Making any correction for errors pursuant to ITT Clause 28;

b) Excluding provisional sums and the provision, if any for contingencies in

the Bill of Quantities, but including Day work , where priced competitively

; and

c) Making appropriate adjustments to reflect discounts or other price

22


modifications offered in accordance with sub-Clause 23.5.

30.3 The Procuring Entity may waive any minor informality or non-conformity, which

does not constitute a material deviation, provided such waiver does not prejudice

or affect the relative standing of any Tenderer. Variations, deviations, and

alternative offers and other factors, which are in excess of the requirements of

the Tendering documents or otherwise result in unsolicited benefits for the

Procuring Entity will not be taken into account in Tender evaluation.

31. National

Preference

31.1 In the evaluation of Tenders, the Procuring Entity shall apply exclusive preference

to citizens of Kenya where:

a) The funding is 100% from the Government of Kenya or a Kenyan body;

b) The amounts are below the prescribed threshold in the Tender Data

Sheet

31.2 To qualify for the preference the candidate shall provide evidence of eligibility by:

a) Proving Kenyan citizenship by production of a Kenyan Identity Card; or

b) Providing proof of being a ―citizen contractor‖ in terms of section 3(1) of

the Act, i.e. being a natural person or an incorporated company wholly

owned and controlled by persons who are citizens of Kenya.

c) Foreign successful bidder must incorporate a mix of local expertise either

through subcontracting, or technical expertise

31.3 The Minister of Finance may prescribe additional preference and/or reservation

schemes, for example for procurements above these thresholds. If such additional

preference schemes apply, details will be given in the Tender Data Sheet.

32. Determination

of the Lowest

Evaluated

Tender

32.1 The Tender with the lowest evaluated price from among those which are eligible,

compliant and substantially responsive shall be the lowest evaluated Tender.

33. Post-

Qualification of

Tenderer

33.1 If specified in the Tender Data Sheet, post-qualification shall be undertaken.

33.2 The Procuring Entity will determine to its satisfaction whether the Tenderer that

is selected as having submitted the lowest evaluated responsive Tender is qualified

to perform the contract satisfactorily, in accordance with the criteria listed in sub-

Clause 12.3.

33.3 The determination will take into account the Tenderer‘s financial, technical, and

production capabilities. It will be based upon an examination of the documentary

evidence of the Tenderer‘s qualifications submitted by the Tenderer, pursuant to

sub-Clause 12.3, as well as such other information as the Procuring Entity deems

necessary and appropriate. Factors not included in these Tendering documents

23


shall not be used in the evaluation of the Tenderer‘s qualifications.

33..4 An affirmative determination will be a prerequisite for award of the contract to

the Tenderer. A negative determination will result in rejection of the Tenderer‘s

Tender, in which event the Procuring Entity will proceed to the next lowest

evaluated Tender to make a similar determination of that Tenderer‘s capabilities

to perform satisfactorily.

F. Award of Contract

34. Criteria of

Award

34.1 Subject to ITT Clause 34 and 35, the Procuring Entity will award the Contract to

the Tenderer whose Tender has been determined to be substantially responsive

to the Tendering documents and who has offered the lowest Evaluated Tender

Price, provided that such Tenderer has been determined to be:

a) Eligible in accordance with the provisions of ITT Clause 2;

b) Is determined to be qualified to perform the Contract satisfactorily;

c) Successful negotiations have been concluded.

34.2 If, pursuant to sub-Clause 13.1, this Contract is being awarded on a ―lot and

package‖ basis, the lowest evaluated Tender price will be determined when

evaluating this Contract in conjunction with other Contracts to be awarded

concurrently, taking into account any discounts offered by the Tenderer for

award of more than one Contract.

35. Clarifications 35.1 Clarifications may be undertaken with the lowest evaluated Tenderer relating to

the following areas:

a) A minor alteration to the technical details of the statement of

requirements;

b) Reduction of quantities for budgetary reasons, where the reduction is in

excess of any provided for in the Tendering documents;

c) A minor amendment to the Contract Data Sheet;

d) Finalizing payment arrangements;

e) Mobilization arrangements;

f) Agreeing final delivery or work schedule to accommodate any changes

required by the Procuring Entity;

g) The methodology or staffing; or

h) Clarifying details that were not apparent or could not be finalized at the

24


time of Tendering.

35.2 Clarifications shall not change the substance of the tender.

36. Procuring

Entity‘s Right to

Accept any Tender

and to

Reject any or all

Tenders

36.1 Notwithstanding ITT Clause 34, the Procuring Entity reserves the right to accept

or reject any Tender, and to cancel the Tendering process and reject all Tenders,

at any time prior to the award of Contract, without thereby incurring any liability

to the affected Tenderer or Tenderers.

36.2 Notice of the rejection of all Tenders shall be given promptly within 14 days to all

Contractors that have submitted Tenders.

36.3 The Procuring Entity shall upon request communicate to any Tenderer the

grounds for its rejection of its Tenders, but is not required to justify those

grounds.

37 Procuring

Entities Right to

Vary Quantities at

the Time

Of Award

37.1 The Procuring Entity reserves the right at the time of contract award to increase

or decrease the quantity of goods or related services originally specified in these

Tendering documents (schedule of requirements) provided this does not exceed

by the percentage indicated in the Tender Data Sheet, without any change in

unit price or other terms and conditions of the Tender and Tendering documents.

38. Notification of

Award

38.1 The Tenderer whose Tender has been accepted will be notified of the award by

the Procuring Entity prior to expiration of the Tender validity period by e-mail or

facsimile confirmed by registered letter. This letter (hereinafter and in the

Conditions of Contract called the "Letter of Acceptance") will state the sum that

the Procuring Entity will pay the Contractor in consideration of the provision and

maintenance of the Work(s) as prescribed by the Contract (hereinafter and in the

Contract called the ―Contract Price‖).

38.2 The notification of award will constitute the formation of the Contract, subject to

the Tenderer furnishing the Performance Security (bond / guarantee) in

accordance with ITT Clause 39 and signing the Contract in accordance with sub-

Clause 38.2

38.3 At the same time as the person submitting the successful Tender is notified, the

Procuring Entity will notify each unsuccessful Tenderer, the name of the successful

Tenderer and the Contract amount and will discharge the Tender Security and

Tender Securing Declaration of the Tenderer pursuant to ITT sub Clause 18.7.

38.4 If, after notification of award, a Tenderer wishes to ascertain the grounds on

which it‘s Tender or application for pre-qualification was unsuccessful, it should

address its request to the secretary of the Tender Committee that authorized the

award of contract. The secretary of the Tender Committee shall, within fourteen

days after a request, provide written reasons as to why the Tender, proposal or

application to be pre-qualified was unsuccessful. However, failure to take this

opportunity to clarify the grounds for rejection does not affect the Tenderer‘s

right to seek immediate review by the Public Procurement Administrative Review

Board under Clause 45.

25


39. Signing of

Contract

39.1 Promptly, and in no case later than 14 days, after notification, Procuring Entity

shall send the successful Tenderer the Agreement and Contract Data Sheet,

incorporating all agreements between the parties obtained as a result of Contract

negotiations.

39.2 Within the period specified in the notification or Tender Data Sheet but not

earlier than fourteen (14) days since notification of award of contract, the

successful Tenderer shall sign and date the contract and return it to the Procuring

Entity.

40. Performance

Security (bond /

guarantee)

40.1 Within fifteen (15) days but after 7 days after receipt of the Letter of Acceptance,

the successful Tenderer shall deliver to the Procuring Entity a Performance

Security (bond / guarantee) in the amount and in the form stipulated in the

Tender Data Sheet and the Contract Data Sheet, denominated in the type and

proportions of currencies in the Letter of Acceptance and in accordance with the

Conditions of Contract.

40.2 If the Performance Security (bond / guarantee) is provided by the successful

Tenderer in the form of a Bank Guarantee or Insurance Bond, it shall be issued

either:

a) At the Tenderer‘s option, by a bank or insurance firm located in Kenya,

or a foreign bank or insurance firm through a correspondent bank or

insurance firm located in Kenya;

b) With the consent of the Procuring entity, directly by a foreign bank

acceptable to the Procuring entity.

40.3 Failure of the successful Tenderer to comply with the requirement of sub-Clause

40.1 shall constitute sufficient grounds for the annulment of the award and

forfeiture of the Tender Security, in which event the Procuring Entity may make

the award to the next lowest evaluated Tenderer or call for new Tenders.

41. Advance

Payment

41.1 The Procuring Entity will provide an Advance Payment as stipulated in the

Conditions of Contract, subject to a maximum amount, as stated in the Tender

Data Sheet.

41.2 The Advance Payment request shall be accompanied by an Advance Payment

Security (Guarantee) in the form provided in Section X. For the purpose of

receiving the Advance Payment, the Tenderer shall make an estimate of, and

include in its Tender, the expenses that will be incurred in order to commence

work. These expenses will relate to the purchase of equipment, machinery,

materials, and on the engagement of labour during the first month beginning with

the date of the Procuring Entity‘s ―Notice to Commence‖ as specified in the

Contract Data Sheet.

26


SECTION III: TENDER DATA SHEET (TDS)

The following information for procurement of services shall complement or amend the provisions of the

instructions to tenderers. Wherever there is a conflict between the provisions of the instructions to tenderers

and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the

instructions to tenderers

ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers

1.1 The ―Procuring Entity‖ also called Employer is: -

KENYA ELECTRICITY GENERATING COMPANY LTD

Stima Plaza Phase III, Kolobot Road,

P.O. Box 47936, 00100

NAIROBI, KENYA.

Tel: +254 2 3202000.

Fax: +254 2 248848

1.1 Name and Number of Procurement

KGN-GDD-026-2020; TENDER FOR SUPPLY, INSTALLATION, TESTING AND

COMMISSIONING OF HDPE PIPES FOR BRINE DISPOSAL FROM WELL HEADS

FOR GEOTHERMAL DEVELOPMENT DIVISION

1.2

Contract period of 180 (One Hundred and Eighty Days) consecutive calendar working

days from date of Engineers Order to Commence.

2.2 ELIGIBLE TENDERERS

The Invitation for Tenders is reserved for ENTERPRISES OWNED BY WOMEN who

meet qualification criteria as spelled in the PPADA 2015 and other relevant Government of

Kenya regulations

2.6 IMPORTANT TO NOTE:

Contractors who have been issued with a Default Notice in any Government/public funded

project or private entity within the last 5 years are ineligible to tender.

Debarred firms are ineligible to tender.

2.7 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring

Entity, as has been requested here in this tender.

4.0 Alternatives are not allowed

6.3 SITE VISIT

This shall be conducted at Olkaria Geothermal Field.

27



Interested Bidders shall be required to convene at KenGen Geothermal Plaza in Olkaria,

Naivasha as per date and venue provided below:

DAY: - FRIDAY

DATE: - 14th February 2020 TIME: - 10.00 AM

VENUE: - KENGEN GEOTHERMAL PLAZA IN OLKARIA

The site is located approximately 30KM from Olkaria Geothermal Plaza. Access to site is

through Olkaria KWS National Park Gate. Contractors are, therefore, advised that they will be

required to use their own mean of transport to site, and they shall be required to pay KWS

National Park Entry Fees at KWS Olkaria gate. Contractor to establish applicable rates from

KWS for their use.

The Contractor shall visit the sites and acquaint himself with its nature and position, the nature

of the local conditions, positions of existing power, water and other services, access roads or

any other limitations that might affect his cost or progress. No claims for extras shall be

considered on account of lack of knowledge in this respect. The Contractor shall be required to

pay KWS Park Entry Fees for the purpose of the site visit.

Tenderers shall bare their own cost of the site visit.

6.5 Minutes of the pre-Tender meeting will be made available within Four (4) days of the site visit

6.6 Non-attendance at the pre-tender meeting will result in disqualification. Bidders are strongly

advised to visit site and obtain for themselves information adequate for them to prepare a

responsive bid.

8.0 QUESTIONS AND CLARIFICATIONS

Further information and/or clarification may also be obtained from the Employer‘s

representative at the following address: -



Stima Plaza, Phase III; Kolobot Road, Parklands

P O Box 47936 - 00100

NAIROBI, KENYA

Email; [email protected]; cc: [email protected]

8.1 Deadline for submission of inquiries for clarifications shall be 7 DAYS prior to Tender Closing

as set out in this TDS

8.2 The procuring entity shall reply to any clarifications sought by the Bidder within 3 days of

receiving the request to enable the Bidder to make timely submission of its tender.

mailto:[email protected]


28



Potential bidders are also advised to regularly check KenGen website for any uploaded

information on this tender. Any issued Addenda/Clarification shall be uploaded by Procuring

entity on the website.

http://www.kengen.co.ke/?q=tenders

http://www.kengen.co.ke/?q=content/tenders-faqs

http://supplier.treasury.go.ke/site/tenders.go/index.php/public/tenders

9.0 AMENDMENT OF DOCUMENTS - ADDENDUM/CLARIFICATION

Any addendum/clarification issued shall be part of the Tender documents and shall be

communicated in writing, by e-mail or facsimile to all who have obtained the Tendering

documents directly from the Procuring Entity.

10.0 LANGUAGE OF TENDER

English

16 Tender Currency: -

The currency in which the prices shall be quoted shall be: Kenya Shillings or in any freely

convertible currencies. However, the maximum number of currencies shall be limited to two

(2).

16.1 The authority for establishing the rates of exchange shall be Central Bank of Kenya. The

applicable date for exchange rates for tendering and evaluation purposes is the exchange rate at

the closing date.

17.1 Tender Validity

The tender shall remain valid and open for acceptance for a period of ONE HUNDRED

AND TWENTY (120) calendar days from the specified date of tender opening or from the

extended date of tender opening whichever is the later.

18.1 TENDER SECURITY AND TENDER SECURING DECLARATION FORM

Tender Security shall not be applicable.

However, ENTERPRISES OWNED BY WOMEN MUST duly complete and sign the

Tender-Securing Declaration Form in the format provided in STANDARD FORMS

19.1 The Tenderer shall prepare ONE ORIGINAL of the documents comprising the Tender

clearly marked ―ORIGINAL‖.

In addition, the Tenderer shall submit 1 (ONE) COPY of the Tender, clearly marked as

―COPY‖.

In the event of discrepancy between them, the original shall prevail.

20.1 The Tenderer shall seal the original and each copy of the Tender in separate envelopes, duly

marking the envelopes as ―ORIGINAL‖ and ―COPY‖. The envelopes shall then be sealed in

an outer envelope securely sealed in such a manner that opening and resealing cannot be

achieved undetected.

http://www.kengen.co.ke/?q=tenders

http://www.kengen.co.ke/?q=content/tenders-faqs

http://supplier.treasury.go.ke/site/tenders.go/index.php/public/tenders

29



20.2 Tenders shall be addressed and submitted to:

Company Secretary & Legal Affairs Director


10th Floor, KenGen Pension Plaza II

Kolobot Road, Parklands

P O Box 47936 - 00100

NAIROBI, KENYA

20.3 The inner envelopes shall bare the name and address of the tenderer to enable the tender to

be returned unopened in case it is declared ―late‖.

21.1 DEADLINE FOR TENDER SUBMISSION:

DAY: - MONDAY

DATE: - 24th February 2020 TIME: - 2.00PM

VENUE: - KENYA ELECTRICITY GENERATING COMPANY PLC; STIMA PLAZA,

KOLOBOT ROAD, NAIROBI

21.3 The extension of the deadline for submission of Tenders shall be made not later than SEVEN

(7) DAYS before the expiry of the tender deadline.

24.1 TIME AND DATE FOR TENDER OPENING:

DAY: - MONDAY

DATE: - 24th February 2020

TIME: - 2.00PM

VENUE: - KENYA ELECTRICITY GENERATING COMPANY PLC; STIMA PLAZA,

KOLOBOT ROAD, NAIROBI

The amount on the Tender form shall be assumed to be inclusive of all offered discounts and all

applicable taxes

27.0

EXAMINATION: EVALUATION AND COMPARISON OF TENDERS.

I. PRELIMINARY AND MANDATORY TENDER REQUIREMENTS

The following MUST be provided in the bid document;

1. Addendums issued to be acknowledged and attached (where communicated, addendum must be

acknowledged, signed and submitted with the Tender Submission Document)

2. Duly Signed Mandatory Site visit certificate

3. Duly filled and signed tender form.

4. Duly filled and signed price schedule.

30



5. Duly filled and signed Tender securing declaration form

6. Duly filled and signed mandatory confidential business questionnaire (CBQ).

7. Certificate of Incorporation / Registration.

8. Copy of VALID Tax compliance Certificate at the time of Tender closing day

9. Valid AGPO certificate (Women)

10. Copy of Registration with National Construction Authority, Class NCA 7 and above (Buildings and

Specialist Contractors)

11. Copy of CR 12 form

12. Copy of the Directors’ Identification Cards (IDs)

13. Copy of Business permit / License number / (Indicating Domicile County of Operations)

14. Duly Signed Notarised power of attorney (in case of sub-contracting or joint venture)

Bidder must comply with all the above requirements so as to proceed to the second stage of technical

evaluation on capacity to deliver the contract.

NB. Sequential pagination / serialization of all pages in the tender documents

II. TECHNICAL REQUIREMENTS

The following MUST be provided in the bid document;

15. Sample Test reports of the product to be supplied;

16. The Bidder MUST provide Signed and stamped Manufacture’s Authorization Form by the

Manufacturer for HDPE Products Offered.

17. The Bidder MUST provide Technical Data Sheet with technical data specifications of the HDPE

from the Manufacturer.

18. WARRANTY

19. Proof of availability of major items of Construction Plant, Tools and Equipment pursuant to Section

X; Essential during execution of this Contract

20. Bidder to Provide Details of their Technical personnel and their CVs pursuant to Section X;

21. The Bidder to provide Program of Works / Works Schedule – Indicative of the timelines as provided

in this tender

22. The Bidder to provide Works Methodology for installation of the HDPE Waterline System

23. Bidder to Demonstrate sufficient funding by providing: - a valid financing commitment letter (i.e.

letter of credit or letter of access to credit facility or line of credit) for this specific procurement

issued by a recognized financial institution in KENYA (Including Banks, SACCOs and / or Youth

Enterprise fund)

31



III. FINANCIAL EVALUATION

24. Comparison of prices of compliant evaluated bidders. The Lowest evaluated will be considered for

award

NB: the tenderer is required, where so applicable, to furnish details of these requirement in the

forms annexed in the tender forms and in CBQ); All requested copies must be submitted with

this tender.

Contract price read out during tender opening shall be final and not subject to any change or correction

(Sec. 82 of PPADA 2015).

DUE DILIGENCE,

where applicable to the lowest evaluated and compliant bidder.

KenGen may prior to award of the tender determine to its satisfaction whether the selected

bidder will qualify to perform the contract satisfactorily by carrying out a due diligence.

28 Contract price read out during tender opening shall be final and not subject to any change or correction

(Sec. 82 of PPADA).

33 Post Qualification

Award of Contract shall be based on a Bidder whose tender has been determined to be

substantially responsive to the tendering documents and who has offered the lowest evaluated

tender price, provided that such Bidder has been determined to be: -

(a) eligible

(b) Qualified

In addition: -

The Procuring Entity will determine to its satisfaction whether the Bidder that is selected as

having submitted the lowest evaluated responsive Tender is qualified to perform the contract

satisfactorily, in accordance with the criteria listed in Clause 1.5-1.8; this shall be done by

determining the AUTHENTICITY and TRUTHFULNESS of all submitted documents.

The determination will take into account the Bidder‘s eligibility, financial, technical, and

production capabilities. It will be based upon examination of the documentary evidence of the

Bidder‘s qualifications submitted by the Bidder, pursuant to qualifying and eligibility criteria as

set out in this tender, as well as such other information as the Procuring Entity deems necessary

and appropriate. Factors not included in these Tendering documents shall not be used in the

evaluation of the Bidder‘s qualifications.

32



An affirmative determination will be a prerequisite for award of the contract to the Bidder. A

negative determination will result in rejection of the Bidder‘s Tender, in which event the

Procuring Entity will proceed to the next lowest evaluated Tender to make a similar

determination of that Bidder‘s capabilities to perform satisfactorily.

34.1 AWARD CRITERIA

Tender shall be awarded to the tenderer whose Tender has been determined to be substantially

responsive to the Tendering documents and who has offered the lowest Evaluated Tender

Price, subject to being responsive to all qualification and evaluation criteria.

40.1 PERFORMANCE SECURITY (BOND / GUARANTEE)

The amount of Performance Security (bond / guarantee) shall be 1% of the accepted contract

value in form of a Bank Guarantee from a reputable Bank in Kenya which is acceptable by the

Procuring Entity.

Failure of the successful Bidder to comply with the requirement of sub-Clause 40.1 shall

constitute sufficient grounds for the annulment of the award and forfeiture of the Tender

Security or execution of the Tender Securing Declaration Form, in which event the Procuring

Entity may make the award to the next lowest evaluated Bidder or call for new Tenders.

41 Advance payment shall not be applicable.

42 1) "Taxes" means all present and future taxes, levies, duties, charges, assessments,

deductions or withholdings whatsoever, including any interest thereon, and any penalties

and fines with respect thereto, wherever imposed, levied, collected, or withheld pursuant to

any regulation having the force of law and "Taxation" shall be construed accordingly.

2) Local Taxation

a) Nothing in the Contract shall relieve the Contractor and/or his Sub-Contractors from

their responsibility to pay any taxes, statutory contributions and levies that may be

levied on them in Kenya in respect of the Contract. The Contract Price shall include all

applicable taxes and shall not be adjusted for any of these taxes.

b) The Contractor shall be deemed to be familiar with the tax laws in the Employer's

Country and satisfied themselves with the requirements for all taxes, statutory

contributions and duties to which they may be subjected during the term of the

Contract.

c) In instances where discussions are held between the Employer and the Contractor

regarding tax matters, this shall not be deemed to constitute competent advice and

hence does not absolve the Contractor of their responsibility in relation to due

diligence on the tax issue as per 3 .21 .2 above.

3) Tax Deduction

33



a) If the Employer is required to make a tax deduction by Law, then the deduction

shall be made from paymen t s due to the Contractor and pa id directly to the

Kenya Revenue Authority. The Employer shall upon remitting the tax to Kenya

Revenue Authority furnish the Contractor with the relevant tax deduction certificates.

b) Where the Contractor is paid directly by the Financiers and the Employer is not

able to deduct tax, then the Contractor will be required to pay the tax deduction to

Kenya Revenue Authority in the name of the Employer and furnish the Employer with

an original receipt thereof as evidence of such payment. In absence of the said

evidence, the Employer will not process any subsequent payments to the Contractor.

4) Tax Indemnity

a) The Contractor shall indemnify and hold the Employer harmless from and against any

and all liabilities, which the Employer may incur for any reason of failure by the

Contractor to comply with any tax laws arising from the execution of the Contract

whether during the term of the Contract or after its expiry.

b) The Contractor warrants to pay the Employer (within fourteen (14) days of demand

by the Employer), an amount equal to the loss, liability or cost which the Employer

determines has been (directly or indirectly) suffered by the Employer for or on

account of the Contractor‘s Tax liability arising from the Contract.

c) Where the amount in 3.21.8 above remains unpaid after the end of the fourteen (14)

days moratorium, the Employer shall be entitled to compensation for financing

charges.

d) The rates and prices quoted by the Tenderer shall be fixed during the performance of

the Contract.

45 CORRUPTION AND ETHICAL STANDARDS

The Government requires that Procuring Entities (including beneficiaries of Government funded

projects) as well as Tenderers/Suppliers/Contractors under Government financed contracts,

observe the highest standard of ethics during the procurement and execution of such contracts.

It is the responsibility of the Procuring Entity to ensure that Tenderers, suppliers, and

contractors and their subcontractors observe the highest standard of ethics during the

procurement and execution of such contracts. In pursuance of this policy:

For the purpose of this provision, the following definitions are provided:

―Corruption‖ has the meaning assigned to it in the Anti-Corruption and Economic Crime Act

2003 and includes the offering, giving, receiving or soliciting of anything of value to influence the

action of a public official in the procurement or disposal process or in contract execution;

―Fraudulent Practice‖ includes a misrepresentation of fact in order to influence a

34



procurement or disposal process or the execution of a contract to the detriment of the

Procuring Entity and includes collusive practices amongst Tenderers prior to or after Tender

submission designed to establish Tender prices at artificial non-competitive levels and deprive

the Procuring Entity of the benefits of free and open competition;

―Collusive Practice‖ means an arrangement between two or more suppliers, contractors and

subcontractors designed to achieve an improper purpose, including to influence improperly the

actions of the Procuring Entity prior to or after Tender submission, designed to establish

Tender prices at artificial non-competitive levels and to deprive the Procuring Entity of the

benefit of free and open competition;

―Coercive Practice‖ means impairing or harming, or threatening to impair or harm, directly

or indirectly a supplier, contractor or subcontractor or the property of any of them to

influence improperly the actions of a Procuring Entity;

―Obstructive Practice‖ means deliberately destroying, falsifying, altering or concealing of

evidence material to the investigation or making false statements to investigators in order to

materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive

practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its

knowledge of matters relevant to the investigation or from pursuing the investigation.

A Procuring Entity has the right to require that Tenderers, suppliers, and contractors and their

subcontractors permit persons duly appointed by KACC/PPOA/KNAO to inspect their

accounts and records and other documents relating to the Tender submission and contract

performance;

The Procuring Entity will reject a proposal for award if it determines that the Tenderer

recommended for award has engaged in corrupt, fraudulent practices or others stated under

Clause 44.1.a in competing for the contract;

In pursuit of the policy defined in sub-Clause 44.1, the Procuring Entity will cancel the portion

of the funds allocated to a contract for goods, works, or services if it at any time determines

that corrupt or fraudulent practices were engaged in by representatives of the Procuring Entity

or Approving Authority or of a beneficiary of the funds during the procurement or the

execution of that contract;

In the event that the Procuring Entity or Approving Authority does not take timely and

appropriate action satisfactory to the Government of Kenya to remedy the situation, then the

Director-General may order an investigation of procurement proceedings for the purpose of

determining whether there has been a breach of the Public Procurement and Disposal Act,

2015.

46 The address for submitting appeals to Administrative Review Board:

The Secretary,

Public Procurement Administrative Review Board,

The Public Procurement Oversight Authority,

10th Floor, National Bank House,

35



P.O. Box 58583-00200,

NAIROBI, Kenya.

Tel: +254 (0) 20 3244000

Email: [email protected]

Website: www.ppoa.go.ke


http://www.ppoa.go.ke/

36


SECTION IV: GENERAL CONDITIONS OF CONTRACT

1.0 Definitions 1.1 In this Contract, except where context otherwise

requires, the following terms shall be interpreted as

indicated;

a) ―Bills of Quantities‖ means the priced and completed Bill of

Quantities forming part of the tender [where applicable].

b) ―Schedule of Rates‖ means the priced Schedule of

Rates forming part of the tender [where applicable].

c) ―The Completion Date‖ means the date of completion

of the Works as certified by the Employer‘s Representative.

d) ―The Contract‖ means the agreement entered into by

the Employer and the Contractor as recorded in the

Agreement Form and signed by the parties.

e) ―The Contractor‖ refers to the person or corporate

body whose tender to carry out the Works has been

accepted by the Employer.

f) ―The Contractor‘s Tender‖ i s the completed tendering

document submitted by the Contractor to the Employer.

g) ―The Contract Price‖ is the price stated in the

Notification of award.

h) ―Days‖ are calendar days; ―Months‖ are calendar months.

i) ―A Defect‖ i s any part of the Works not completed

in accordance with the Contract.

j) ―The Defects Liability Cert i f i cate‖ is the certificate

issued by Employer‘s Representative upon correction of

defects by the Contractor.

k) ―The Defects Liability Period‖ is the period named in

the Appendix to Conditions of Contract and calculated

from the Completion Date.

l) ―Drawings‖ include calculations and other information

provided or approved by the Employer‘s Representative

for the execution of the Contract.

m) ―Employer‖ means Kenya Electricity Generating

Company PLC and is the party who employs the

Contractor to carry out the Works

37


n) ―Equipment‖ is the Contractor‘s machinery and

vehicles brought temporarily to the Site for the execution

of the Works.

o) ―Site‖ means the place or places where the permanent

Works are to be carried out including workshops where

the same is being prepared.

p) ―Materials‖ are all supplies, including consumables,

used by the

q) Contractor for incorporation in the Works.

r) ―Employer‘s Representative‖ is the person appointed by

the Employer and notified to the Contractor for the

purpose of supervision of the Works.

s) ―Specification‖ means the Specification of the Works

included in the Contract.

t) ―Start Date‖ is the date when the Contractor shall

commence execution of the Works.

u) ―A Subcontractor‖ is a person or corporate body

who has a Contract with the Contractor to carry out a

part of the Work in the Contract, which includes Work on

the Site.

v) ―Temporary works‖ are works designed, constructed,

installed, and removed by the Contractor which a r e

needed for construction or installation of the Works.

w) ―A Variation‖ is an instruction g i v e n b y the

E m p l o y e r ‘ s Representative which varies the Works.

x) ―The Works‖ are what the Contract requires the

Contractor to construct, install, and turnover to the

Employer.

2.0 General Documents 2.1 The following documents shall constitute the Contract documents

and shall be interpreted in the following order of priority;

a) Contract Agreement,

b) Notification of award

c) Letter of Acceptance,

d) Conditions of Contract

e) Technical Specifications

f) Drawings,

g) Bills of Quantities or Schedule of Rates [whichever is

applicable)

38


h) Contractor‘s Tender,

i) Applicable Addenda and Clarifications

3.0 Employer’s

Representative’s

Decisions

3.1 Except where otherwise specifically stated, the Employer‘s

Representative will decide contractual matters between the

Employer and the Contractor in the role representing the

Employer.

4. 0 Works, Language

and Law of Contract

4.1 The Contractor shall construct and install the Works in

accordance with the Contract documents. The Works may

commence on the Start Date and shall be carried out in

accordance with the Program submitted by the Contractor, as

updated with the approval of the Employer‘s Representative, and

complete them by the Intended Completion Date.

4.2 The ruling language of the Contract shall be English language and the

law governing the Contract shall be the law of the Republic of

Kenya.

5.0 Safety, Temporary

works and Discoveries

5.1 The Contractor shall be responsible for design of temporary works

and shall obtain approval of third parties to the design of the

temporary works where required.

5.2 The Contractor shall be responsible for the safety of all activities

on the Site.

5.3 Anything of historical or other interest or significant value

unexpectedly discovered on the Site shall be the property of the

Employer. The Contractor shall notify the Employer‘s

Representative of such discoveries and carry out the Employer‘s

Representative‘s instructions for dealing with them.

6.0 Work Program and

Sub-contracting

6.1 Within seven days after Site possession date, the Contractor shall

submit to the Employer‘s Representative for approval a program

showing the general methods, arrangements, order and timing for

all the activities in the Works.

6.2 The Contractor may sub-contract the Works (but only to a

maximum of 2 5 percent of the Contract Price) with the

approval of the Employer‘s Representative. However, he shall

not assign the Contract without the approval of the Employer

in writing. Sub-contracting shall not alter the Contractor‘s

obligations.

7.0 The site 7.1 The Employer shall give possession of all parts of the Site to

the Contractor.

7.2 The Contractor shall allow the Employer‘s Representative and

any other person authorised by the Employer‘s Representative,

access to the Site and to any place where work in connection with

39


the Contract is being carried out or is intended to be carried out.

8.0 Instructions 8.1 The Contractor shall carry out all instructions of the Employer‘s

Representative which are in accordance with the Contract.

9.0 Extension of

Completion Date

9.1 The Employer‘s Representative shall extend the Completion Date if

an occurrence arises which makes it impossible for completion to

be achieved by the Intended Completion Date. The Employer‘s

Representative shall decide whether and by how much to extend

the Completion Date.

9.2 For the purposes of this clause, the following occurrences shall

be valid for consideration;

Delay by:-

Force majeure, or

a) Reason of any exceptionally adverse weather conditions, or

b) Reason of civil commotion, strike or lockout affecting any

of the trades employed upon the Works or any of the

trades engaged in the preparation, manufacture or

transportation of any of the goods or materials required

for the Works, or

c) Reason of the Employer‘s Representative‘s instructions

issued under these Conditions, or

d) Reason o f t h e con t r ac to r not h av i n g received in

due time necessary instructions, drawings, details or levels

from the Employer‘s Representative for which he

specifically applied in writing on a date which having

regard to the date for Completion stated in the

appendix to these Conditions or to any extension of time

then fixed under this clause was neither unreasonably

distant from nor unreasonably close to the date on

which it was necessary for him to receive the same, or

e) delay on the part of artists, tradesmen or others engaged

by the Employer in executing work not forming part of this

Contract, or

f) reason of delay by statutory or other services

providers or similar bodies engaged directly by the

Employer, or

g) reason of opening up for inspection of any Work covered

up or of the testing or any of the Work, materials or goods

in accordance with these conditions unless the inspection

40


or test showed that the Work, materials or goods were

not in accordance with this Contract, or

h) reason of delay in appointing a

replacement Employer‘s representative, or

i) reason of delay caused by the late supply of goods or

materials or in executing Work for which the Employer or

his agents are contractually obliged to supply or to execute

as the case may be, or

j) Delay in receiving possession of or access to the Site.

10.0 Management

Meetings

10.1 A Contract management meeting shall be held regularly and

attended by the Employer‘s Representative and the Contractor.

Its business shall be to review the plans for the remaining

Work. The Employer‘s Representative shall record the business

of management meetings and provide copies of the record to

those attending the meeting and the Employer. The responsibility

of the parties for actions to be taken shall be decided by the

Employer‘s Representative either at the management meeting

or after the management meeting and stated in writing to all who

attend the meeting.

10.2 COMMUNICATIONS: -

Communication between parties shall be effective only when in

writing.

11.0 Defects

11.1 T h e Employer‘s Representative shall inspect the Contractor‘s

work and notify the Contractor of any defects that are found.

Such inspection shall not affect the Contractor‘s responsibilities.

The Employer‘s Representative may instruct the Contractor to

search for a defect and to uncover and test any Work that the

Employer‘s Representative considers may have a defect. Should

the defect be found, the cost of uncovering and making good shall

be borne by the Contractor. However i f there is no defect

found, the cost of uncovering and making good shall be treated

as a variation and added to the Contract Price.

11.2 T h e Employer‘s Representative shall give notice to the

Contractor of any defects before the end of the Defects Liability

Period, which begins at Completion, and is defined in the

Appendix to Conditions of

Contract.

11.3 E v e r y time notice of a defect is given, the Contractor shall

correct the notified defect within the length of time specified by

the Employer‘s Representative‘s notice. If the Contractor has

not corrected a defect within the time specified in the

41


Employer‘s Representative‘s notice, the Employer‘s Representative

will assess the cost of having the defect corrected by other parties

and such cost shall be treated as a variation and be deducted

from the Contract Price.

12.0 Bills of

Quantities/Schedule of

Rates

12.1 The Bills of Quantities/Schedule of Rates shall contain items for the

construction, installation, testing and commissioning of the Work to

be done by the Contractor. The Contractor will be paid for the

quantity of the Work done at the rates in the Bills of

Quantities/Schedule of Rates for each item. Items against which no

rate is entered by the Tenderer will not be paid for when executed

and shall be deemed covered by the rates for other items in the

Bills of Quantities/Schedule of Rates.

12.2 Where Bills of Quantities do not form part of the Contract,

the Contract Price shall be a lump sum (which shall be deemed to

have been based on the rates in the Schedule of Rates forming part

of the tender) and shall be subject to re-measurement after each

stage.

13.0 Variations

13.1 The Contractor shall provide the Employer‘s Representative with a

quotation for carrying out the variations when requested to

do so. The Employer‘s Representative shall assess the quotation

and shall obtain the necessary authority from the Employer before

the variation is ordered.

13.2 If the Work in the variation corresponds with an item

description in the Bill of Quantities/Schedule of Rates, the rate in

the Bill of Quantities/Schedule of Rates shall be used to calculate

the value of the variation. If the nature of the Work in the

variation does not correspond with items in the Bill of

Quantities/Schedule of Rates, the quotation by the Contractor shall

be in the form of new rates for the relevant items of Work.

13.3 If the Contractor‘s quotation is unreasonable, the Employer‘s

Representative may order the variation and make a change to the

Contract Price, which shall be based on the Employer‘s

Representative‘s own forecast of the effects of the variation on

the Contractor‘s costs.

14.0 Payment Certificates

and Final Account

14.1 The Contractor shall be paid after each of the following stages of

Work listed here below (subject to re-measurement by the

Employer‘s Representative of the Work done in each stage

before payment is made). In case of lump-sum Contracts,

the valuation for each stage shall be based on the quantities so

obtained in the re-measurement and the rates in the Schedule of

Rates.

Advance payment _______________ (percent of Contract

Price,

42


[after Contract execution] to be inserted by the Employer).

First stage (define stage) _______

Second stage (define stage) ________

Third stage (define stage) _________

After defects liability period.

14.2 Upon deciding that Works included in a particular stage are

complete, Contractor shall submit to the Employer‘s

Representative his application for payment. The Employer‘s

Representative shall check, adjust if necessary and certify the

amount to be paid to the Contractor within 21 days of receipt of

the Contractor‘s application. The Employer shall pay the

Contractor the amounts so certified within 30 days of the

date of issue of each Interim Certificate.

14.3 The Contractor shall supply the Employer‘s Representative with a

detailed final account of the total amount that the Contractor

considers payable under the Contract before the end of the

Defects Liability Period. The Employer‘s Representative shall issue

a Defect Liability Certificate and certify any final payment that is due

to the Contractor within 30 days of receiving the Contractor‘s

account if it is correct and complete. If it is not, the Employer‘s

Representative shall issue within 21 days a schedule that states the

scope of the corrections or additions that are necessary. If the final

account is still unsatisfactory after it has been resubmitted, the

Employer‘s Representative shall decide on the amount payable to

the Contractor and issue a Final Payment Certificate. The

Employer shall pay the Contractor the amount so certified within

60 days of the issue of the Final Payment Certificate.

14.4 If the period laid down for payment to the Contractor upon each of

the Employer‘s Representative‘s Certificate by the Employer has

been exceeded, the Contractor shall be entitled to claim simple

interest calculated pro-rata on the basis of the number of days

delayed at the Central Bank of Kenya‘s average base lending rate

prevailing on the first day the payment becomes overdue. The

Contractor will be required to notify the Employer within 15 days

of receipt of delayed payments of his intentions to claim interest.

15. 0 Insurance

15.1 The Contractor shall be responsible for and shall take out

appropriate cover against, among other risks, personal injury; loss of

or damage to the Works, materials and plant; and loss of or damage

to property.

16. Liquidated

Damages

16.1 T h e Contractor shall pay liquidated damages to the Employer at

the rate 0.001 per cent of the Contract price per day for each day

that the actual C o m p l e t i o n Date is later than the I n t e n d e d

Completion Date except in the case of any of the occurrences

listed under clause 9.2. The Employer may deduct liquidated

43


damages from payments due to the Contractor. Payment of

liquidated damages shall not affect the Contractor‘s liabilities.

17. Completion and

Taking Over

17.1 Upon deciding that the Work is complete the Contractor shall

request the Employer‘s Representative to issue a Certificate of

Completion of the Works, upon deciding that the Work is

completed.

The Employer shall take over the Site and the Works within

seven days of the Employer‘s Representative issuing a Certificate of

Completion.

18. Termination 18.1 T h e Employer or the Contractor may terminate the Contract

if the other party causes a fundamental breach of the Contract.

These fundamental breaches of Contract shall include, but shall not

be limited to, the following;

a) The Contractor stops Work for 30 days continuously

without reasonable cause or authority from the Employer‘s

Representative;

b) The Contractor is declared bankrupt or goes into

liquidation other than for a reconstruction or amalgamation;

c) A payment certified by the Employer‘s Representative is not

paid by the Employer to the Contractor within 120 days

after the expiry of the payment periods stated in sub

clauses 14.2 and 14.3 hereinabove.

d) The Employer‘s Representative gives notice that failure to

correct a particular defect is a fundamental breach of

Contract and the Contractor fails to correct it within a

reasonable period of time.

18.2 If the Contract is terminated, the Contractor shall stop Work

immediately, and leave the Site as soon as reasonably possible.

The Employer‘s Representative shall immediately thereafter arrange

for a meeting for the purpose of taking record of the Works

executed and materials, goods, equipment and temporary buildings

on Site.

19. Payment upon

Termination

19.1 T h e Employer may employ and pay other persons to carry

out and complete the Works and to rectify any defects and may

enter upon the Works and use all materials on Site, plant,

equipment and temporary works.

19.2 The Contractor shall, during the execution or after the

completion of the Works under this clause, remove from the

Site as and when required within such reasonable time as

44


the Employer‘s Representative may in writing specify any temporary

buildings, plant, machinery, appliances, goods or materials

belonging to him, and in default thereof , the Employer may

(without being responsible for any loss or damage) remove and sell

any such property of the Contractor, holding the proceeds less

all costs incurred to the credit of the Contractor.

19.3 Until after completion of the Works under this clause, the

Employer shall not be bound by any other provision of this

Contract to make any payment to the Contractor, but upon

such completion as aforesaid and the verification within a

reasonable time of the accounts therefore the Employer‘s

Representative shall certify the amount of expenses properly

incurred by the Employer and, if such amount added to the money

paid to the Contractor before such determination exceeds the

total amount which would have been payable on due completion in

accordance with this Contract, the difference shall be a debt

payable to the Employer by the Contractor; and if the said amount

added to the said money be less than the said total amount, the

difference shall be a debt payable by the Employer to the

Contractor.

19.4 In the event that an advance payment is granted, the following shall

apply:-

a) On signature of the Contract, the Contractor shall at his

request, and without furnishing proof of expenditure, be

entitled to an advance of 10% (ten percent) of the original

amount of the Contract. The advance shall not be subject

to retention money.

b) No advance payment may be made before the Contractor

has submitted proof of the establishment of deposit or a

directly liable guarantee satisfactory to the Employer in the

amount of the advance payment. The guarantee shall be in

the same currency as the advance.

c) Reimbursement of the lump sum advance shall be made by

deductions from the Interim payments and where applicable

from the balance owing to the Contractor. Reimbursement

shall begin when the amount of the sums due under the

Contract reaches 20% of the original amount of the

Contract. It shall have been completed by the time 80% of

this amount is reached.

d) The amount to be repaid by way of successive deductions

shall be calculated by means of the formula:

R = A(x1 – x11)

80 – 20

45


Where:

R = the amount to be reimbursed

A = the amount of the advance which has been

granted

X1 = the amount of proposed cumulative

payments as a percentage of the original amount of

the Contract; This figure will exceed 20% but not

exceed 80%.

X11 = the amount of the previous cumulative

payments as a percentage of the original amount of

the Contract.

This figure will be below 80%but not less than 20%.

e) With each reimbursement the counterpart of the directly

liable Guarantee may be reduced accordingly.

20. 0 Corrupt Gifts and

Payments of Commission

20.1 T h e Contractor shall not;

a) Offer or give or agree to give to any person in the service

of the Employer any gifts or consideration of any kind as

an inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to

the obtaining or execution of this or any other contract

with the Employer or for showing or forbearing to show

favour or dis-favour to any person in relation to this or any

other contract with the Employer.

b) Any breach of this Condition by the Contractor or by

anyone employed by him or acting on his behalf (whether

with or without the knowledge of the Contractor) shall

be an offence under the Laws of Kenya.

21.0 Settlement of

Disputes

21.1 Any d i spute ari s ing out o f t he Contract which cannot be

amicably settled between the parties shall be referred by either

party to the arbitration and final decision of a person to be agreed

between the parties. Failing agreement to concur in the

appointment of an Arbitrator, the Arbitrator shall be appointed by

the chairman of the Chartered Institute of Arbitrators, Kenya

branch, on the request of the applying party.

22.0 Taxes

22.1.1 "Taxes" means all present and future taxes, levies, duties,

charges, assessments, deductions or withholdings whatsoever,

including any interest thereon, and any penalties and fines with

respect thereto, wherever imposed, levied, collected, or

withheld pursuant to any regulation having the force of law and

"Taxation" shall be construed accordingly.

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22.1.2 Local Taxation

Nothing in the Contract shall relieve the Contractor and/or his

Sub-Contractors from their responsibility to pay any taxes,

statutory contributions and levies that may be levied on them in

Kenya in respect of the Contract. The Contract Price shall include

all applicable taxes and shall not be adjusted for any of these taxes.

22.1.3 The Contractor shall be deemed to be familiar with the tax laws

in the Employer's Country and satisfied themselves with the

requirements for all taxes, statutory contributions and duties to

which they may be subjected during the term of the Contract.

22.1.4 In instances where discussions are held between the Employer

and the Contractor regarding tax matters, this shall not be

deemed to constitute competent advice and hence does not

absolve the Contractor of their responsibility in relation to due

diligence on the tax issue as per 3 .21 .2 above.

Tax Deduction

22.1.5 If the Employer is required to make a tax deduction by Law,

then the deduction shall be made from payments due to the

Contractor and paid directly to the Kenya Revenue Authority.

The Employer shall upon remitting the tax to Kenya Revenue

Authority furnish the Contractor with the relevant tax deduction

certificates.

22.1.6 Where the Contractor is paid directly by the Financiers and the

Employer is not able to deduct tax, then the Contractor will be

required to pay the tax deduction to Kenya Revenue Authority in

the name of the Employer and furnish the Employer with an

original receipt thereof as evidence of such payment. In absence of

the said evidence, the Employer will not process any subsequent

payments to the Contractor.

Tax Indemnity

22.1.7 The Contractor shall indemnify and hold the Employer harmless

from and against any and all liabilities, which the Employer may

incur for any reason of failure by the Contractor to comply with

any tax laws arising from the execution of the Contract whether

during the term of the Contract or after its expiry.

22.1.8 The Contractor warrants to pay the Employer (within fourteen

(14) days of demand by the Employer), an amount equal to the

loss, liability or cost which the Employer determines has been

(directly or indirectly) suffered by the Employer for or on account

of the Contractor‘s Tax liability arising from the Contract.

22.1.9

Where the amount in 3.21.8 above remains unpaid after the end of

the fourteen (14) days moratorium, the Employer shall be entitled

to compensation for financing charges.

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NOTE ON TAX

a) "Taxes" means all present and future taxes, levies, duties, charges, assessments, deductions or

withholdings whatsoever, including any interest thereon, and any penalties and fines with

respect thereto, wherever imposed, levied, collected, or withheld pursuant to any regulation

having the force of law and "Taxation" shall be construed accordingly.

b) Local Taxation

i. Nothing in the Contract shall relieve the Contractor and/or his Sub-Contractors from their

responsibility to pay any taxes, statutory contributions and levies that may be levied on them in

Kenya in respect of the Contract.

ii. The Contract Price shall include all applicable taxes and shall not be adjusted for any of these

taxes.

iii. Tax exemption granted under this Contract shall be for an official aid funded project and shall

be as provided under the applicable tax laws in Kenya.

iv. The Contractor shall be deemed to be familiar with the tax laws in the Employer's Country and

satisfied themselves with the requirements for all taxes, statutory contributions and duties to

which they may be subjected during the term of the Contract. This shall include applicable local

or foreign withholding tax, excise duty, Value Added Tax (VAT), importation duties, Local

government taxes, and any other taxes not mentioned herein.

v. In instances where discussions are held between the Employer and the Contractor regarding tax

matters, this shall not be deemed to constitute competent advice and hence does not absolve the

Contractor of their responsibility in relation to due diligence on the tax issue as per (i).

c) Tax Deduction

i. If the Employer is required to make a tax deduction by Law, then the deduction shall be

made from payments due to the Contractor and paid directly to the Kenya Revenue

Authority. The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the

Contractor with the relevant tax deduction certificates.

ii. Where payments for the Contract Price are made directly by the financiers to the Contractor, the

Contractor and the financiers shall make the necessary arrangements with Employer to ensure

that withholding income tax is remitted to the Kenya Revenue Authority.

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d) Tax Indemnity

i. The Contractor shall indemnify and hold the Employer harmless from and against any and all

tax liabilities, which the Employer may incur for any reason of failure by the Contractor to

comply with any tax laws arising from the execution of the Contract whether during the

term of the Contract or after its expiry.

ii. The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the

Employer), an amount equal to the loss, liability or cost which the Employer determines has

been (directly or indirectly) suffered by the Employer for or on account of the Contractor’s

Tax liability arising from the Contract.

iii. Where the amount in (ii) above remains unpaid after the end of the fourteen (14) days

moratorium, the Employer shall be entitled to compensation for financing charges.

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SECTION V: SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract

(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

GCC

REF.

SPECIAL CONDITIONS OF CONTRACT

A Contract period of 180 (One Hundred and Eighty Days) consecutive calendar working

days from date of Engineers Order to Commence.

B PERFORMANCE SECURITY (BOND / GUARANTEE) (BOND / GUARANTEE)

The amount of Performance Security (bond / guarantee) (bond / guarantee) shall be 1% of the

accepted contract value in form of a Bank Guarantee from a reputable Bank in Kenya which is

acceptable by the Procuring Entity.

C Guarantee

i. The Contractor guarantees that the Goods supplied under the Contract are new, unused, of

the most recent or current models, and that they incorporate all recent improvements in

design and materials unless provided otherwise in the Contract. The Contractor further

warrants that all Goods supplied under this Contract shall have no defect, arising from

design, materials, workmanship, or from any act or omission of the Contractor, that may

develop under normal use of the supplied Goods in the conditions prevailing in the country.

ii. This guarantee shall remain valid for twelve (12) months after the Goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final destination

indicated in the Contract.

iii. KenGen shall promptly notify the Contractor in writing of any claims arising under this

guarantee.

iv. Upon receipt of such notice, the Contractor shall, within a period of 30 days, and with all

reasonable speed, repair or replace the defective Goods or parts thereof, without costs to

KenGen.

v. If the Contractor, having been notified, fails to remedy the defect(s) within the period

specified above, within a reasonable period, KenGen may proceed to take such remedial

action as may be necessary, at the Contractor‘s risk and expense and without prejudice to

any other rights which KenGen may have against the Contractor under the Contract.

D Retention Money shall be 10% of the contract price. This shall be deducted in every interim payment

certificate and shall be released to the contractor after the Defects Liability Period.

4.1 Commencement date shall be Engineers Order to Commence after contract signing

and during kick off meeting.

5.1 SAFETY PROCEDURES

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―The Contractor shall prepare and submit to Client Representative a SAFETY MANAGEMENT

PLAN within 28 days after signing of the contract for Client Representative‘s concurrence. The

Contractor shall deploy on site a qualified safety officer at all times‖.

5.1 The Contractor shall provide safety PPEs to all employees during execution of the works;

6.1 The Contractor to Submit Program of Works within 14 days after order to commence has been

issued. Program of works to be reviewed every 14 days, clearly indicating progress and be submitted

to Client Representative.

9.1 Extension of Contract not allowed unless expressly authorised by the Client upon written request by

the Contractor and based on issues highlighted under GCC 9.2. In their request, the Contractor shall

clearly outline the circumstances leading to delay and necessitating the request.

10.1 A Contract management meeting shall be held every 14 days or as shall be communicated in writing

by the Employer‘s representative.

Site meetings shall be held regularly on site, typically every day.

11.2 Defects Liability Period shall be 12 Months after completion of the contract

13.1 Variations shall be subject to a maximum of 25% of contract price and in accordance to PPADA 2015

14.1 Payment shall be made based on completed milestones as shall be agreed upon with the contractor

during kick off meeting. Minimum amount of each Interim Payment Certificate shall be 30% of

contract amount.

The following documents shall form part of interim payment certificates: -

1. Detailed valuation to date

2. Valuation estimates due for the focus period for only completed works

3. Detailed Progress Report

4. Updated program of works

The amount to be withheld for non-or late submission of these vital documents is FULL

CERTIFICATE

15.1 MINIMUM AMOUNT OF THIRD-PARTY INSURANCE

A. Evidence of Insurance Contractor‘s All Risks.

B. Relevant policies Contractor‘s All Risks

16.1 The Contractor shall pay liquidated damages to the Employer at the rate 0.1 per cent of the

Contract price per day for each day that the actual Completion Date is later than the Intended

Completion Date except in the case of any of the occurrences listed under clause 9.2. The Employer

may deduct liquidated damages from payments due to the Contractor. Payment of liquidated

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damages shall not affect the Contractor‘s liabilities.

19.4 ADVANCE PAYMENT

Shall not be applicable.

ADJUDICATION

Arbitration where necessary shall be by the Chartered Institute of Arbitrators Kenya Chapter or

other International body.

The hourly fee for the Adjudicator shall be as determined by the Chartered Institute of Arbitrators

(Kenya Branch).

If the parties fail to agree upon the name of the Adjudicator, the appointment shall be made by the

Chartered Institute of Arbitrators (Kenya Branch) at the request of either party.

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SECTION VI: CONTRACTUAL REQUIREMENTS AND OBLIGATIONS

6.1 Instructions and

Undertaking

Works

The contractor and or his representative should not execute any work

until and unless it is authorized by the Employer's representative. Care

should be taken not to damage any property/equipment by improper

handling etc. the contractor shall be responsible for any damage or theft

and shall have to make good to its original shape and description as and

when damage/theft etc. takes place / is noticed.

Care should be taken not to damage any property/equipment by

improper handling etc. the contractor shall be responsible for any

damage or theft and shall have to make good to its original shape and

description as and when damage/theft etc. takes place / is noticed.

6.2 Working Hours

Working hours shall be 8:00am to 5:00pm from Monday to Friday.

KenGen may normally require works to be execute on Saturdays,

Sundays, public holidays and extra hours during the week days in case of

circumstances requiring such instructions. Works shall not be carried

out in following public holidays except where expressly advised by

KenGen Engineers.

a. New year‘s day (1st January)

b. Good Friday

c. Easter Monday

d. International Labour day (1st May)

e. Madaraka day (1st June)

f. Idd-Ul-Fitr

g. Idd Ul Adha

h. Moi Dai (10th October)

i. Mashujaa day (20th October)

j. Jamhuri day (12th December)

k. Christmas day (25th December)

l. Boxing Day (26th December)

Any other gazetted Public holidays (Assume 2 per year)

None of the permanent work shall be carried out between 5:00 PM and

8:00 AM or on Sundays or on Public Holidays without the express

authority of the Employer‘s appointed Engineer;

In the event of the Client Representative consenting to work being

carried out outside normal working hours, the contractor shall be

responsible for payment of any additional costs for his staff.

Working hours are 8:00am to 5:00pm from Monday to Friday

6.3 Administrative

facilities for the

Contractor

The Contractor shall establish a site office. KenGen shall provide a

location where the Contractor will construct at his own cost (or as may

be provided within the BOQ), a temporary operation site office in order

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to provide effective services. He will also meet all costs for connecting

electricity, telephone, or any other mode of communication. However,

the water to the office will be available to the Contractor free of charge

provided the Contractor will meet the cost of connection from the

nearest available point. KenGen will not guarantee the quality or be

responsible for any consequences arising from the use of the water.

6.4 Site and Progress

Meetings

After signing the contract by both parties, KenGen‘s representative shall

call a Project Kick-Off Meeting to initiate commencement of the works

where the contractor shall provide a detailed work program.

It is a condition of this contract that site meetings shall be held regularly

in the contract period on a date as agreed on. The Contractor and

KenGen must be represented in those meetings. Other people may be

co-opted to attend the meeting depending on the agenda.

At the end of the project, there shall be a Project Hand over meeting

6.5 Contract

Administration

The Contractor shall always endeavour to carry out the contract as

detailed in this tender document. In order to minimize disputes

especially those that emanate from failure to follow the specifications,

both the Contractor‘s and KenGen‘s representative must visit daily all

the areas under this contract and sign in a log book that everything is in

order. Any adverse comments must be put in the log for future

reference and both supervisors shall sign the log to signify that they are

party to the comments inserted therein. In case any party does not

agree with the comments put in the log by the other party, then he is at

liberty to write his opinion and sign it.

6.6 Management of

the construction

site

The Contractor shall not use the Site for any purpose other than that of

carrying out the Works. Where the Contractor is advised of limits of

land available around the area of the main construction site, the

Contractor shall have no rights to use areas outside these limits except

for short periods and/or by such arrangements with the owners as he

shall elect to make.

6.7 Security,

Watching and

Lighting

The Contractor shall take all necessary precautions such as temporary

fencing, screens, etc., for the safe custody of the Works, materials and

public and employer‘s property on the site.

The Contractor shall employ competent watchmen and guard the works

both by day and night. Uncovered areas and materials dump or other

obstructions likely to cause injury to any person or animals shall be

suitably fenced off or guarded to ensure that such incidences do not

occur.

The Contractor shall be responsible for any injury or loss to the

Contractor, the Employer and any third parties or anyone else resulting

from the contractor‘s actions or omissions in respect to safety and

security.

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The Contractor shall provide at his own risk and cost all watching and

lighting as necessary to safeguard the works, plant and materials against

damage and theft.

6.8 Protection of

Works from Rain

The works shall be so executed that should it be necessary to suspend

work due to rain, no part thereof is left in such a state as to be liable to

damage thereby. No claim by the Contractor arising out of the

reinstatement of any damage caused by or incidental to rain shall be

accepted.

6.9 Protection of

Existing Services

a) There are overhead, surface and underground services at the site

including roads, water pipelines, sewage lines, electricity cable,

telephone cables and fences. The contractor is advised to take due

care while carrying out the work. The contractor shall also be

responsible for identifying these services from the surface providers

b) The Contractor shall acquaint himself with the position of all

existing services on or adjacent to the site before commencing the

works.

c) Various above ground and underground services such as pipelines,

cables and power lines may exist within the confines of the various

areas of the Site. Whenever the Contractor has been advised of the

approximate positions of such services and has to execute work

adjacent to or concerning them, he shall be entirely responsible for

locating the exact position of the services, either diverting or

temporarily supporting them as agreed with the Client

Representative, protecting them during the work and making good

afterwards.

d) He shall at his own expense ascertain in writing from the Statutory

undertakers and other public bodies, companies and other persons

who may be affected, the positions and depth of their respective

ducts, cables, mains, pipes or other services. He shall thereupon

search for and locate such service.

e) If the works will interrupt any service passing through the Site, the

Contractor shall provide a satisfactory alternative service in full

working order to the satisfaction of the owner of the service and

the Client Representative before cutting off the existing service.

f) Except that such services are required to be removed or altered by

virtue of the layout of the permanent work and not the manner in

which the work is carried out shall be so removed or altered at the

direction and at the expenses of the Employer.

g) Client Representative must be informed in writing of any services

exposed during repairs and the Contractor will be required to

adequately support, restore and make good any services disturbed

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in the course of the works and shall be further liable for any damage

which may be shown during the period of maintenance, to have

arisen through the execution of these works.

6.10 Surface to be

inspected

During the construction of any works and from the time of completion

of the works, the contractor shall inspect the surfaces and if from

whatever cause the surface is found to, have subsided the contractor

shall make good the same at his own expense to Client Representative

's instructions.

The Contractor shall at his own expense take every precaution to

prevent slips and falls of materials or equipment in the works. In the

event of any slips or falls occurring, the contractor shall restore the

works and reinstate any parts of the works affected at his own expense.

6.11 Material

suitability

Materials shall strictly comply with the Employer‘s Design unless the use

of an alternative material has been explicitly requested by the

Contractor and approved by the Engineer. All materials and equipment

furnished shall:

be new, unused, and undamaged when installed or otherwise

incorporated in the Works and properly identified by appropriate

stampings and markings and shall be accompanied with original

manufacturer‘s documentation where appropriate,

All material shall be new unless otherwise directed or permitted by the

Engineer and, in all cases where the quality of goods or materials is not

described or otherwise specified, is to be the best quality obtained in

the ordinary meaning of the word ‗best‘ and not merely a trade

signification of the word.

All materials and workmanship shall, unless otherwise specified or

described, conform to the appropriate British Standard Institution

Specification or other authoritative standard ensuring equal or higher

quality current at the time of tender and in accordance with the

requirements of local statutory authorities.

The Works throughout shall be executed by skilled workmen well

versed in their respective trades.

The Contractor is responsible for the location, provision and supply of

all materials for the work, which shall comply with Appropriate Clauses

in the specification. All materials shall be of approved manufacture and

origin and the best quality of their respective kind

The Contractor is at liberty to propose to the Engineer the use of

material other than those specified but may use such materials subject

to Engineer's written Approval.

A sample of each type of material shall be delivered to site for approval

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by the Engineer. Where a sample may be difficult to deliver to site due

to its nature, the Contractor may request the Engineer to inspect the

materials at the Contractor‘s warehouse or factory. The Engineer may

take such samples as he may wish for testing and approval and the

Contractor shall furnish any information required by the Engineer as to

the origin, quality, weight, strength, and description etc. of materials

The contractor shall use no materials of any description without prior

sanction and any condemned as unfit for use in the works shall be

removed immediately from the site at contractor‘s cost.

6.12 Packaging and

shipment

Where so applicable, the Contractor shall order materials to be

obtained from overseas immediately after the contract is signed and

shall also order materials to be obtained from local sources as early as

necessary to ensure that such materials are on Site when required for

use in the Works.

The Contractor shall ensure that all Materials shall be adequately

packaged and/or preserved so that they can be safely shipped to the Site

and stored there for the duration as the construction programme

requires without risking corrosion damage or other deterioration.

The Contractor shall be responsible for and shall replace or make good

at his own expense any materials lost or damaged.

6.13 Material Storage Unless specified otherwise, the contractor shall be responsible for

constructing their own storage facilities and shall meet the cost of

construction of such storage facility and upon completion of the project,

decommission the storage facility.

6.14 Samples and

testing

Samples of materials shall be submitted as soon as possible after the

contract is let.

No deliveries in bulk shall be made until the samples are approved by

the Engineer.

All condemned materials shall be removed from the site within 72

hours.

Every facility shall be provided to enable the Engineer to obtain samples

and carry out tests on the materials for construction. If these tests

show that any of the materials do not comply with the requirements of

this specification, the Contractor will be responsible for the costs or

construction of the tests and the replacement of defective materials

and/or construction.

6.15 Proprietary

Materials

Where proprietary materials are specified hereinafter the Contractor

may propose the use of materials of other manufacture but of equal or

higher quality for approval by the Engineer.

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All materials and goods, where specified to be obtained from a

particular manufacturer or supplier are to be used and fixed strictly in

accordance with their instruction.

6.16 Rejected

Workmanship

and Materials

Any workmanship or materials not complying with the specific

requirements or approved samples or which have been damaged,

contaminate or have deteriorated must immediately be removed from

the Site and replaced at the Contractor‘s expense, as required.

6.17 Contractor’s

Superintendence

The Contractor shall constantly keep on the Works a literate English-

speaking agent or representative, competent and experienced in the

kind of work involved, who shall give his whole time to the

superintendence of the Works. Such agent or representative shall

receive on behalf of the Contractor directions and instructions from the

Client Representative, and such directions and instructions shall be

deemed to be given to the Contractor in accordance with the

Conditions of Contract. The agent shall not be replaced without

approval.

6.18 Provision of

Labour

The Contractor shall provide casual labour services required for the

execution of works described herein.

The contractor shall note that works should be taken up in its true

spirit, therein promptness, punctuality and professionalism are of utmost

significance and which cannot be compromised upon. The workmen

employed on the job shall be of polite nature and well-mannered. In case

it is observed that one or more workmen are felt to impolite or badly

behaved the Employer's representative is liable to issue notices to the

contractor in writing directing immediate replacement such workmen.

6.19 Labour Act and

other governing

laws of Kenya

The contractor shall ensure full and total compliance with the Labour

Act in the employment of his staff. Other governing laws of Kenya shall

also apply to the letter.

6.20 Gender Rule

Subject to governing laws of Kenya, the contractor shall ensure

compliance with the 1/3 rule regarding gender.

6.21 Employment of

Staff

During the execution of this contract, the Contractor shall be mandated

to offer employment opportunities to members of the local community

upon advertisement at the KenGen‘s Liaison Office.

Such persons may be skilled, semi-skilled or unskilled and shall be

treated fairly and in the similar manner with regard to remuneration and

work conditions as any other employee of the contractor.

The Contractor is at his discretion to employ the best talent from the

local community.

6.22 Payment of The Contractor shall make prompt payment of wages, salary or other

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Wages, Salary

and other

benefits

benefit to his employees every on a predetermined date of every month

without delay

The contractor shall keep updated register of salaries, wages or any

benefit as paid out to their employees.

The payroll records shall be available at all times for inspection by the

Client Representative and authorized Government officers at all times

6.23 Minimum Wage

Subject to governing laws of Kenya, the contractor shall make payment

to his staff ensuring that the Minimum Wage is adhered to.

6.24 Delayed or Non-

payment of

wages, salaries

and other

benefits

Where the contractor fails to make timely payment of wages, salary or

other benefits as has been determined, and an employee (ies) makes

such complaint (s) known to KenGen through writing, the Contractor

shall be instructed to write a written explanation as to why this arise.

Where the Contractor severely delays or does not pay his employees,

KenGen shall have the right to withhold their payments until all dues

payments are made in full.

6.25 Documentations

of employees and

their payments

A. Register of Employees

The Contractor shall keep and maintain an updated register of all its

employees, including name, ID number, address, designation, and days

worked at all times. Shall register MUST be available for inspection and

scrutiny by KenGen and Government Officers as may be required by

them.

B. Register of Employees‘ Payments

The Contractor shall keep and maintain an updated register of all its

employees, payments of wages, salary and/or any other benefit at all

times. These must be signed by the employees noting acceptance of

such payments.

6.26 Contractor’s

accommodation

and transport

a) The Contractor shall be responsible for all accommodation and

transport needs of the Contractor‘s Personnel, taking note of any

restrictions imposed by the Contract.

b) The Contractor MUST provide adequate arrangements and

provisions for the feeding and housing of the Contractor‘s

personnel.

c) The Contractor shall be responsible for the provision of housing for

his own labour, including the land on which such housing is located.

The Employer will not make available any land for the construction

of a labour camp.

d) The Contractor shall also be responsible for provision of all services

including, but not limited to, the staff facilities.

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e) The Contractor shall not be permitted to construct any camp

providing sleeping accommodation within site area

f) The Contractor is responsible for staff entry and exit from the

Olkaria and MUST provide a means of transport to the staff.

g) The use of open Lorries or pickup trucks for the transport of

Contractor‘s labour SHALL NOT be allowed under this Contract.

h) The Contractor‘s attention is drawn to the requirements that they

shall use buses/vans etc. fitted with safety belts (for all occupants)

and speed limiting devices to 80km/hr. and that all persons travelling

in vehicles must be seated.

i) The Contractor shall comply with the Kenyan traffic laws and

regulations and shall obtain the approval of the Transport Licensing

Board in respect of the transportation of labour for the Contract.

6.27 Drinking Water

for Staff

The Contractor shall be required to provide safe, portable drinking

water to staff at all times when they are in the field.

6.28 Safety and

Environment

Requirements

The Contractor shall at all times execute the works in a safe and secure

manner and actively practice safety through the term of the Contract

and shall comply with the applicable legal and other requirements

including the KenGen-KWS Memorandum of Understanding. This will

include having a standby vehicle at the site to serve in case of an

emergency.

The contactor will report all the accidents/incidents and near misses to

safety offices for necessary actions.

The formulation and enforcement of an adequate safety and

environmental management program shall be the obligation of the

Contractor with respect to all the Works under this Contract,

regardless of whether performance by the Contractor or his

subcontractors. The Contractor shall, within 14 days after

commencement of the works, meet the Client Representative to

present and discuss his plan for the establishment of such safety and

environmental protection measures as may be necessary to provide

against accidents, unsafe acts and so forth. Within 28 days after

commencement of the works, the Contractor shall submit a written

safety and environmental management program to the KenGen covering

the overall Works and based on the laws and regulations of Kenya. In

addition, he shall prepare special safety programs for working within

electricity generating and geothermal exploration facilities.

The Contractor shall dispose waste in compliance with the

Environmental Management and Coordination (Waste Management)

Regulations, 2006.

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6.29 Safety at site

The Contractor shall be responsible for the safety of all activities

and h is employees on the Site.

Work is to be executed in a safe and responsible manner and the

construction is to proceed in accordance with the provision of the

appropriate legislation.

6.30 Occupational,

Health and safety

requirements;

Safety

Precautions and

First Aid

The Contractor shall provide adequate and easily accessible Fist Aid

Equipment on site.

The Contractor shall be responsible for the management of health and

safety of his employees on the construction site.

6.31 Personal

Protective

Equipment

The Contractor shall be required to comply with all safety regulations

and provide his staff with adequate and required PPE’s which he shall

ensure that are worn at all times his staff are working in the field.

KenGen shall continuously monitor to ensure that all safety regulations

are adhered to and deviations from these safety regulations shall prompt

KenGen to take action accordingly.

6.32 Environmental

Protection

The Contractor shall ensure so far as is reasonably practicable and to

the satisfaction of the Client Representative; that the impact of the

construction on the environment shall be kept to a minimum and that

appropriate measures are taken to mitigate any adverse effects during

the construction.

a) After extraction of materials, all borrows pits shall be backfilled

to the satisfaction of the Client Representative. In particular,

borrow pits near the project road shall be backfilled in such a

way that no water collects in them.

b) Spilling of bitumen fuels Oils and other pollutants shall be

cleared up.

c) Including removal of excavated material from the pavement to

spoil.

6.33 Materials &

Waste Disposal;

Disposal of

construction

wastes

a) The contractor shall sort out and dispose construction and

domestic wastes in accordance to the employer‘s guidelines.

The contractor shall consult the employer project Client

Representative for guidelines

b) Existing equipment, fittings and materials such as electrical

fittings, pipes etc. to be removed for replacement or relocation

belong to the Employer. The contractor shall remove them

carefully and hand them over to the Employer.

c) Very little waste is expected during performance of this

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contract. The Contractor shall dispose waste according to the

laws of Kenya. The contractor may request the Employer to

provide a disposal yard for rubbish collected when clearing the

site and during construction of work and also for any surplus

material not required on site.

6.34 Protection of

Completed Work

and Clearing

upon Completion

The Contractor shall allow in his rates for protecting completed

work from subsequent operations, making good of all damage to

completed work, clearing away all rubbish as it accumulates and

leaving the site in a tidy condition to the satisfaction of the

Engineer.

6.35 Leave Works

Clean

On completion of the Works, the Contractor shall carefully restore to

the original condition of the ground, and other structures that may have

been interfered with in any way by him or his employees and shall

remove all rubbish, tools and materials which are not required, so as to

leave the works and site in clean and orderly condition, such work being

carried out by the Contractor without extra charge over and above his

scheduled rates for the execution of the works.

6.36 Items to Be

Supplied by the

Employer

Water

KenGen shall provide non-portable water suitable for use in

construction works at no cost to the Contractor. The water will be

used strictly for works within KenGen premises but not outside.

Contractors‘ staff living outside KenGen premises should provide their

own domestic water.

Water shall be available at designate water points along water supply

pipeline.

It shall be the contractor‘s responsibility to ensure such water is

available at his area of need through piping or by water bowser(s) and

KenGen takes no responsibility to provide the water to the contractor

on site.

Measurement: Daily Monitoring and Control

The contractor shall document all volumes of KenGen water used in the

project

In case the contractor pipes the water to site, the contractor shall

provide for a flow meter to measure volumes of water used. Daily use

shall be recorded and submitted to KenGen

In case the contractor uses a water bowser to deliver the water to site,

the contractor shall provide for documentation detailing the volume of

water used daily by the water bowser on the site.

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All original documentations for water use shall be submitted to KenGen

on a daily basis. The contractor shall keep copies of the same.

The water shall be used strictly for KenGen works and particularly for

this project unless instructed otherwise by the Engineer in Charge.

Non-Availability of KenGen Water

In the event that KenGen water is not available through the designated

watering points, it shall be the contractor‘s responsibility to source for

such water elsewhere, thus, ensuring steady continuance of works.

Water sourced elsewhere shall not be subjected to daily volume

recording.

Electricity

KenGen shall not provide electricity to the Contractor. Contractor shall

be required to make his own arrangements for electricity provision,

including use of portable generators where applicable.

6.37 Insurance

The Contractor shall be responsible for and shall take out

appropriate cover against, among other risks, personal injury;

loss of or damage to the Works, materials and plant; and loss

of or damage to property.

All the workmen engaged for the work shall be group insured

during the period of contract. In case, the contract is extended

beyond the period stipulated in the agreement, the contractor

shall extend the group insurance to the extended period of

contract.

The contractor shall be fully responsible for settling all claims

and indemnify the Employer against any claims arising out of

any accidents to the hired staff/labours.

6.38 Indemnity

The Contractor shall indemnify and keep indemnified KenGen, its

servants or agents against loss of or damage to property or bodily injury

sustained by it or them by reason of any act, omission or neglect of the

Contractor its servants or agents whilst performing their duties within

the scope of their employment with the Contractor and against the

dishonesty of such security officers or personnel whilst performing their

duties within the scope of their employment, which shall include any

loss, damage, injury or any consequential or indirect loss sustained by

KenGen its servants or agents or third parties lawfully on the premises

by reason of any act or omission or neglect of the Contractor its

servants or agents.

6.39 Clients Laptop

and Printers

Where so required and as provided for in the Bill of Quantity, the

contractor shall provide the following laptop and accessories for

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exclusive use in this project. These shall revert to the employer upon

completion of the contract.

Laptop Computers

The contractor shall provide to the client new ultra-book laptop

computers exclusive for project use with the following minimum

specifications: -

ultra-book models;

display size 13.3, LED, full HD 1080p;

at least Turbo 5GHz Intel Core i9 5th Gen, processor;

Minimum 16GB RAM, (DDR4, SDRAM);

High end Integrated dedicated HD Graphics (either Nvidia

GeForce, Nvidia GTX, Nvidia RTX e.t.c),

Optical Drive, Minimum 1TB SSD, 5400RPM

Preinstalled with Original versions Windows 10 PRO 64bit and

Microsoft Office 2016/2018 (Installation pack and key to be

surrendered to client).

All other specifications typical – Touch screen, Wide Vision HD

Webcam, Bluetooth 4.0, ethernet, wi-fi, HDMI ports, USB Ports

3.0, ethernet port, SIM CARD slot; Full Backlit Keyboard,

surround speakers, Anti-Glare display, Noble lock security slot,

etc

Supplied complete with back-pack carry case

To be supplied with Provide with each Laptop,

a) 1 NOS 64GB Flash Disks

b) 1 Nos. 1TB External HDD

6.40 Supervision

Vehicle

Where so required and as provided for in the Bill of Quantity, the

Contractor shall provide, fuel and maintain in good working conditions,

with driver, 1 (ONE) NO 4WD double cabin vehicle (Odometer: 0-

50,000km) diesel engine capacity 2,500-3,000 cc or equivalent, all fully

loaded with air conditioning (AC) system and air bags; for use for

supervision purposes of the Client Engineer and his Staff throughout the

Contract

The Contractor shall insure comprehensively the vehicle and shall

provide a competent driver.

Should the vehicle supplied not be in road worthy condition at any time

of the contract period, the Contractor shall provide equivalent

replacement vehicle within 7 days and until such time as the original

vehicle is repaired and returned for use. Otherwise, the contractor shall

permanently and within 14 days replace the vehicle if it is found to be

unserviceable.

Payment for the vehicle shall be per month.

64


The rate shall be inclusive of fuelling, lubricants, servicing, insurance,

maintenance, drivers and repairs. The rate shall include any overtime the

driver might be due or any other allowance to the normal working

hours.

The vehicle provided under this clause shall revert to the Contractor

When to provide supervision vehicle.

The supervision vehicle shall be provided immediately the Client‘s

Engineer issue Order to Commence Works and no later than 21 days

after project commencement date.

Delay Damages in case the contractor delays to provide a

supervision vehicle.

In the event the contractor delays to provide a supervision vehicle

within stated timelines, the contractor shall incur delay damages at the

rate of 75% of the contractor‘s daily rate per day until such a time he

provides the vehicle or until project closure.

Project Delay

In the event that the Contractor delays and/or prolongs the contractual

period, and where such delays are not caused by the Employer, and

extension of time is not approved, the Contractor shall continue to

provide the supervision vehicle at the rate approved in the BOQ during

the delay period.

Any extra cost arising due to delay of project period shall be borne by

the contractor and the contractor shall not make any claims to the

Client with regard to such costs.

Delay Damages for delay in proving supervision vehicle in case

of project delay.

The Contractor shall continue to provide a supervision vehicle during

execution of contract in the delay period. In the event the contractor

fails to provide a supervision vehicle, the contractor shall incur delay

damages at the rate of 100% of the contractor‘s daily rate per day until

such a time they provide the vehicle or until project closure in the delay

duration.

65


Project Extension Of time

In the event the contractual duration is formally extended, the

Contractor shall continue provide supervision vehicle at the approved

BOQ Hourly rate. The extra cost shall be drawn from Contingency

Amount and only for the approved extended duration.

6.41 Clerk of Works Where so required and as provided for in the Bill of Quantity, the client

shall second to the contractor a Client Clerk of Works, who shall be

paid in accordance with the rate provided in the BOQ Element. This

rate shall be net of all applicable taxes, (PAYE, NHIF, NSSF and any

other statutory charges), and paid promptly on day to be agreed upon

and without delay.

The said clerk of works shall be the employer‘s representative on site

and shall receive direct instructions from and shall report directly to the

Employer‘s Engineer. His/her role shall be to assist the employer keep a

daily track record of all and every activity on site and ensure the

Contractor works as per Engineers instructions and ensure quality is

achieved at all times

When to Engage Clerk of Works

The Clerk of Works shall be engaged within 14 Days the Client‘s

Engineer issue Order to Commence Works.

Project Delay

In the event that the Contractor delays and/or prolongs the contractual

period, and where such delays are not caused by the Employer and

extension of time is not approved, the Contractor shall continue to pay

the clerk of works at the approved BOQ Hourly rate.

Any extra cost arising due to delay of project period or temporary

abandonment of site shall be borne by the contractor and the

contractor shall not make any claims to the Client with regard to such

costs.

If the Contractor fails to pay the Clerk of Works, such costs incurred

shall be deducted from the Contractors‘ interim payment Certificate

and Reimbursed to the Clerk of Works.

66


Project Extension Of time

In the event contractual duration is formally extended, the Contractor

shall continue to engage and pay the clerk of works at the approved

BOQ Hourly rate. The extra cost shall be drawn from Contingency

Amount and only for the approved extended duration.

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SECTION VII: TECHNICAL SPECIFICATIONS

The Contractor is required to fill in on all spaces that require information to be filled in; equally, the contractor

is to provide all supporting documents that have been requested for in this in this section.

7.1 TECHNICAL REQUIREMENTS

7.2

State manufacture of

the products; provide

physical address and

contact details (phone

and email); and

Location and address of

the factories where

H.D.P.E Pipe are

manufactured:

Note: It is recommended that

HDPE Pipes and the

accessories SHOULD be

from the same manufacturer

for ease of adaptability.

7.3

Manufacture’s

Authorization

Manufacturer’s Authorization Letter must be attached

7.4 Attach Certificate of

Warranty from the

manufacturer for goods

supplied in accordance

to requirements in the

Technical

Specifications.

The Contractor shall provide a certificate of warranty for the HDPE

Material. A warranty certificate shall be submitted with this bid. The

Warranty (s) shall include a warranty on production and workmanship

for assurance against defects for a period of one (1) years and shall be

effective upon completion and handing over of entire works.

In the event there occurs performance issues such as leakages, bulging,

etc, the contractor shall be required to rectify the non-conformity

under terms of the warranty provided.

7.5

The HDPE Pipes and

Accessories to be

supplied must be new,

unused and 100%

State whether HDPE and Accessories to be supplied and installed are

new and unused before

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genuine

7.6 Guarantee Certificate:

a) The bidder is to certify a guarantee of TWELVE

CALENDAR MONTHS of trouble-free normal

operation from the date of commissioning.

b) In case of any defect within the guarantee period of normal

operation as per standard operational norms, the bidder is

to rectify the defect(s) free of costs, by reworking, or

replacement of defective part(s), or any other appropriate

action, which may be necessary as per the specific case(s)

within the shortest time possible.

7.7 Sample Material Test

Reports

Attach Sample Test Reports for batches of similar materials

manufactured used in previous production of pipes.

7.8

Products Technical

Data Sheet that detail

specifications of

products to be

supplied.

Products Technical Data Sheet must be attached

Note that Only Relevant descriptive literature of the Goods provided

by your manufacturer of choice and showing conformity to the

technical specifications shall be provided with the bid.

7.9

Provide Details of

Technical personnel to

be involved during the

supply and installation

of the HDPE pipes.

Provided in accordance to CV Template provided in this tender document

7.10

Construction Plant,

Tools and Equipment;

Essential equipment to

be made available

during execution of this

Contract

Provide list of equipment at the contractor’s disposal commensurate with

requirements of performing this contract

7.11 Program of Works /

Works Schedule

The Bidder to provide Program of Works / Works Schedule – Indicative of

the timelines as provided in this tender

7.12

Works Methodology

for fabrication and

erection of the tank

systems

The Bidder to provide Works Methodology for fabrication and erection of the

tank systems

7.13 WORKS SPECIFICATIONS

69


7.14 Scope of Works

Supply and Installation of HDPE pipes for selected Wellhead Power

Plants (OW-915 and OW-914 to OW-R9). The works includes trench

excavation, laying of HDPE waterlines, and fusion of HDPE pipes in

accordance to Manufacturers Specification, testing of the lines and

backfilling as detailed in the scope herein below.

7.15

Location and Extent of

Project Site (s)

The Site is located within Olkaria Geothermal Field, Located

approximately 160KM from Nairobi.

The Contractor shall visit the sites and acquaint himself with its nature

and position, the nature of the local conditions, positions of existing

power, water and other services, access roads or any other limitations

that might affect his cost or progress. No claims for extras shall be

considered on account of lack of knowledge in this respect. The

Contractor shall be required to pay KWS Park Entry Fees for the

purpose of the site visit.

The site shall be accessed through Hells Gate National Park. Hell‘s

Gate National Park is controlled and administered by the Kenya

Wildlife Service (KWS). Hence, all Works associated with project shall

comply fully with the requirements of KWS where it impacts upon

operation of the National Park. The Contractor‘s vehicles and staff will

be exempt from park entry fees for the purposes of performing their

duties under this Contract. This is subject to the Contractor informing

KWS and the Employer in advance regarding the regular vehicles that

shall be in use. The Contractor‘s vehicles should be conspicuously

labelled for ease of identity. This will facilitate efficient prior

arrangements for free entry into the Park. The contractors‘ staff shall

bear names tags indicating their names and ID Numbers and is signed

by both the Contractor‘s superintendence and the employee. A copy

of the contractor‘s updated staff list shall be kept by KenGen

In addition, the contractor is required to observe all rules of the Hells

Gate National Park

7.16 Scope of Supply

a) Supply, installation of DN225, PN 25, Min 150mm INNER

DIAMETER PN25 HDPE PIPES with applicable accessories

b) Supply, installation of DN180, PN 12.5 , Min 150mm INNER

DIAMETER PN12 HDPE PIPES with applicable accessories

c) Supply and installation of water supply fitting and accessories

including Tee-off points, gate valves, check valves, smooth bends

all supplied with supplied with welded on flanges. These will be

supplied and installed as per schematic diagram provided.

d) Construction of road crossing box culvert for waterline form

OW914 crossing the road towards R9. The culvert shall bear the

following dimension. Width Min 300MM c/c; Length Min 7000M

70


c/c; and depth Min 400MM c/c; all round wall thickness Min

200MM, including cover. The cover shall be in removable slabs of

400mm width by 1000MM long slabs, therefore, appx. 7Nos Slabs.

The culvert shall be constructed of Reinforced Concrete and the

scope shall include excavation for, preparing, casting of, and curing

of the culvert structure. The culvert shall be toped with Min

50MM Type 1 AC.

e) Excavation and burying of pipes where applicable and as shall be

directed by the Engineer.

f) Testing and Commission the installation confirming integrity and

repairing where necessary

g) Training of 15 KenGen staff on HDPE installation and maintenance

at the Contractors Premises for 5 Days. Accommodation cost

shall be borne by KenGen.

Training to cover

Introduction to HDPE pipe and fittings

Jointing techniques – butt fusion, electrofusion, saddle fusion,

socket fusion, extrusion, flanges and more.

Equipment training – applicable equipment, usage and

maintenance

Fittings and components – how to select and work with HDPE

fittings in a piping system

Adaptation of different pipe materials to HDPE

New HDPE technology updates

Reference ASTM F2620-13 and ISO standards for HDPE

7.17

Special

REQUIREMENTS for

performing the Job

a) Supply, Installation, Testing and Commissioning of 225mm Outside

Diameter, PN25 HDPE and 180 MM OD, PN 12.5 pipelines at

Olkaria Geothermal Project.

b) The successful bidder and the workmen employed by him will

have to follow and observe all the safety and statutory rules,

norms and requirements for the job.

c) The field study and research required for execution of the actual

job will have to be conducted by the bidder at its own cost.

d) The successful bidder is to supply, transport, un-load at site, safe-

keep at site, install, test and commission the entire HDPE lines.

e) The bidder has to provide all the resources like men, welding

equipment, equipment, devices and all other materials including

71


working tools and tackles, and safety appliances of general and

special type.

f) Bidder will supply all materials, consumables, equipment, devices,

etc. including everything up to the smallest details required for the

installation, testing & commissioning of the entire lines as a whole,

together with the electrical supply system for welding, are to be

supplied by the bidder at its own cost.

g) The supervision and execution of all jobs (like installation, testing

& commissioning of the whole system) and the safety of its

employees will solely be the responsibility of the bidder.

h) The work is to be done in Olkaria Geothermal Field. The bidder is

to arrange for security, storage and safe-keeping, etc. of all the

materials, equipment, devices, appliances, instruments, tools and

tackles, consumables, etc. and also for security of the working

team at site, at the bidder‘s own costs & responsibility. The

complete line systems will be taken over by KenGen only after

successful trial run of the whole system after commissioning.

i) Where applicable ,Work may have to be executed round the

clock, and employees may have to overstay beyond normal

working hours, or may be called for work at odd hours as per

instruction of the Project Manager of KenGen.

j) The bidder will be solely responsible for maintaining safety rules

and standard practices during the performance of the job. The

bidder will have to ensure occurrence of no unworthy/illegal

incident/accident or violations of safety-rules/norms or standard

practices, during the execution of the job by their appointed

officers/workmen. In case of any such incident/accident, the bidder

will be solely responsible.

k) In case of any disputes or differences of opinion, which may arise

during performance of the job, the decision of the Project

Manager appointed by KenGen shall be final and abiding.

l) Erection and fitting jobs are to be done systematically in sequential

steps as per standard norms / practices, or as per instructions of

the Project Manager of KenGen.

m) The bidder is to depute one or more experienced officer(s)-in-

charge as overall supervisor(s) of the whole job, who is (are) to be

present all the time during the job.

n) All incidental items of work not shown or specified but reasonably

implied and found to be necessary for successful completion of the

subject work shall be deemed to be included in the scope of work

at no extra cost to KenGen.

72


o) The contractor‘s men, deputed for the execution of the job must

be competent enough to execute the job confidently and

successfully.

7.18 Applicable Tests

a) All the testing instruments/equipment etc. are to be arranged for

and transported by the bidder to and from the site.

b) The following tests may be carried out at the suppliers cost or as

shall be advised in the BOQ. They may be tested at Kenya Bureau

of Standards or a Kenya Bureau of Standards Accredited lab.

N

o

Characterist

ic

Requireme

nt

Test

Method

1 Hydrostatic

strength at 20 °C

No failure of any

test piece during

test period

ISO 1167-1

ISO 1167-2

2 Hydrostatic

strength at 80 °C

No failure of any

test piece during

test period

ISO 1167-1

ISO 1167-2

3 Elongation at break ≥350 % ISO 6259-1

ISO 6259-3

4 Longitudinal

reversion

≤3 % No effect on

surface ISO 2505

5

Melt mass-flow

rate MFR for PE

100

Change of MFR by

processing ± 20 %

ISO 1133:2005,

6 Oxidation

induction time ≥20 min

ISO 11357-

6:2002

c) All the test certificates of the HDPE materials supplied are to be

submitted along with the delivery of the materials. All the test

results of tests done at site, like measurement of light intensity at

various survey points of the whole site (as per the instruction of

Project Manager of KenGen) are to be systematically recorded in

detail, and a final report is to be submitted to the Project Manager

in neat tabular form with appropriate conclusions and is to be

approved by him.

d) Reasons for undesirable test-results, if any, are to be analyzed by

the representative of the bidder and if these are not due to any

manufacturing defect of the equipment to be commissioned (or,

their parts) then, the defects of execution of job, testing process,

testing instruments, etc. are to be rectified by the bidder and the

tests are to be repeated till proper test results are achieved as per

norms. A report of such final test results is to be submitted by the

bidder and approved by the Project Manager of KenGen.

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7.19 Inspection and Tests All consignments subject to Pre-Export Verification of Conformity

(PVoC) to Standards Programme must obtain a Certificate of

Conformity (CoC) issued by PvoC Country Offices Prior to shipment.

The Certificate is a mandatory Customs Clearance document in

Kenya; Consignments arriving at Kenyan Ports without this document

will be denied entry into the Country. Since PVoC is a conformity

assessment process to verify that products imported to Kenya are in

compliance with the applicable Kenya standards or approved

equivalents, regulations and technical requirements before shipment, it

is the sole responsibility of the Contractor (i.e. exporter) to

demonstrate the same and hence meet any associated costs of

verification.

7.20 Procedure As per specifications for laying of HDPE pipes

7.21

Method of

Measurement

The Works as executed shall be measured for payment in accordance

with the method adopted in the Bills of Quantities and under the item

as therein set forth.

The Contractor shall be responsible for furnishing the Employer‘s

Engineer with exact quantities of Works and/or materials he has

executed per day or per specific work. The employer‘s Engineer shall

verify these works and approve.

7.22

Construction Drawings

(where applicable)

The Client has issued design drawing that is representative of the

works to be executed. The contractor may be requested to quote for

some parts of these works from the drawing provided. Where, as may

be required, the Client may make changes to the drawing, and this

action shall not relieve the contractor from their obligation pertaining

to the original drawing provided. Where the change is materially

substantive, the Client and the Contractor shall determine the scope

of change and its potential effect in the overall project cost before

instruction to execute the changes are provided.

The contractor shall be required to provide fabrication and

construction drawings during implementation of the project. Shop

drawings to be provided for approval for all construction elements. As-

built drawings to be provided by the contractor upon completion of

the project and not later than expiry of DLP.

At all times, 5 copies of requested drawings shall be submitted to the

Employers‘ Representative.

7.23 DETAILED

TECHNICAL

74


SPECIFICATION FOR

DN150 HDPE

PIPELINE.

7.24

The following Technical

Specifications therefore refer.

Contractor to offer only

products that conform to

these technical specifications.

Alternatives or exemptions

are not allowed;

7.25 APPLICABLE

STANDARDS:

The following shall be the Reference Standards for the HDPE Pipeline:

Code No. Title:

a) ISO 4427-2 - Plastics piping systems — Polyethylene

(PE) pipes and fittings for water supply (Part 2)

b) ISO 1133:2005, Plastics — Determination of the melt mass-flow

rate (MFR) and the melt volume-flow rate (MVR) of thermoplastics

c) ISO 1167-1, Thermoplastics pipes, fittings and assemblies for the

conveyance of fluids — Determination of the resistance to internal

pressure — Part 1: General method

d) ISO 1167-2, Thermoplastics pipes, fittings and assemblies for the

conveyance of fluids — Determination of the resistance to internal

pressure — Part 2: Preparation of pipe test pieces

e) ISO 2505, Thermoplastics pipes — Longitudinal reversion — Test

method and parameters

f) ISO 3126, Plastics piping systems — Plastics components —

Determination of dimensions

g) ISO 4065, Thermoplastics pipes — Universal wall thickness table

h) ISO 4427-1:2007, Plastics piping systems — Polyethylene (PE)

pipes and fittings for water supply — Part 1: General

i) ISO 4427-5:2007, Plastics piping systems — Polyethylene (PE)

pipes and fittings for water supply — Part 5: Fitness for purpose of

the system

j) ISO 4433-1:1997, Thermoplastics pipes — Resistance to liquid

chemicals — Classification — Part 1: Immersion test method

k) ISO 4433-2:1997, Thermoplastics pipes — Resistance to liquid

chemicals — Classification — Part 2: Polyolefin pipes

l) ISO 6259-1:1997, Thermoplastics pipes — Determination of

tensile properties — Part 1: General test method

m) ISO 6259-3:1997, Thermoplastics pipes — Determination of

tensile properties — Part 3: Polyolefin pipes

n) ISO 11357-6:2002, Plastics — Differential scanning calorimetry

(DSC) — Part 6: Determination of oxidation induction time

o) ISO 11922-1:1997, Thermoplastics pipes for the conveyance of

fluids — Dimensions and tolerances — Part 1: Metric series

75


7.26

Alternative Design

Standards:

Alternative Design Standards such as European Standards (EN), British

Standards (BS), or other are permitted only if they provide similar or

superior design specification to the standards herein provided. In such

case, the Contractor is required to SPECIFICALLY mention the

standard in their Technical Bid Submission, in the drawings and

Calculation Sheets (as applicable).

The Contractor awarded the contract shall be required to furnish a

copy of the standard to the Client for the purposes of execution of the

contract.

7.27 HDPE PIPES

SPECIFICATIONS:

7.28 Compound Material

The material from which the pipes are made shall be in accordance

with ISO 4427-1. All pipes shall be manufactured using black, bimodal,

high density polyethylene MRS 10.0 material (PE100). Carbon black

should be well dispersed to give outstanding UV resistance, and should

have a minimum carbon content of 2%.

7.29 Identification

compound

The compound used for identification stripes shall be manufactured

from a PE polymer manufactured from the same type of base polymer

as used in the compound for pipe production.

7.30 General appearance

When viewed without magnification, the internal and external surfaces

of pipes shall be smooth, clean and free from scoring, cavities and

other surface defects such as would prevent conformity of the pipe to

ISO 4427. The pipe ends shall be cut cleanly and square to the axis of

the pipe.

7.31 Colour The pipes shall be black with protection from direct UV light.

7.32 DIMENSIONS

7.33 General

The dimensions of the pipe shall be measured in accordance with ISO

3126. Manufacturing shall be to ISO 4427 Standard, PN25 and PN12

rating.

7.34

Mean INNER

DIAMETER and out-of-

roundness

Nominal Inner Diameter – at least 150mm

Maximum out-of-roundness (ovality) – 4.5mm

7.35 MARKINGS

7.36 General

All pipes shall be permanently and legibly marked by manufacturer in

such a way that the marking does not initiate cracks or other types of

failure and such that normal storage, weathering, handling, installation

and use does not affect the legibility of the marking. The colour of the

76


printed information shall differ from the basic colour of the product.

The marking shall be such that it is legible without magnification. The

frequency of marking shall not be less than once per metre.

7.37 Stripe Marking

Each pipe shall contain 3 equi-spaced longitudinal stripes

The minimum required marking shall be in accordance with Table 1,

with the frequency of marking being not less than once per metre:-

Table 1 — Minimum required marking

Aspect Marking

Standard Number ISO 4427

Manufacturer's identification Name or Logo

Dimensions (dn × en) e.g. 100X11.4

SDR series (for DN > 32) e.g. SDR 11

Material and designation PE 100

Pressure rating in bar PN 25

Production period (date or code) e.g. 0204a

Country of Production e.g. Kenya

Client Marking Property of KenGen - Olkaria

Geothermal Project

a - In clear figures or in code providing traceability to the

production period within year and month and, if the manufacturer

is producing at different sites, the production site.

7.38 Joining by butt welding

& commissioning jobs

Joining by Butt Welding, Testing and Commissioning of the pipeline

(with the help of suitable equipment, and including complete control

valves) with all resources like materials and manpower required for it.

7.39

Other accessories to be

supplied with the pipes

are as below

7.40 Tee-off points with a

gate valve

As per pipeline. A gate valve with a flanged end should be supplied. The

illustration of this is shown in Figure 1: -

7.41 End Piece HDPE Pipe

The end piece should be supplied with a welded-on flange. The

opposite side matching flange should be supplied together with the

gasket, bolts and nuts. The flange must be weld- on type. Illustration in

figure 2.

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7.42 Start Piece HDPE Pipe

The start piece should be supplied with a welded-on flange. An inline,

PN25 rated gate valve should be supplied, placed at a distance of 1.5M

– to 2M from the end. The opposite side matching flange should be

supplied, together with the gasket, bolts and nuts. The flange must be

weld- on type. Illustration in figure 3.

7.43

TECHNICAL

SPECIFICATIONS OF

ACCESSORIES

The accessories to be supplied and installed on the pipe work must

meet the following technical specifications.

7.44

Flanged Cast Steel

Gate Valves complete

with Gaskets, Bolts,

Nuts and Washers

The gate valves shall have the following specifications:-

a. Class 150, flanged cast carbon steel gate valve conforming to

ANSI B16.34 and API 600.

b. Raised face flanges conforming to ANSI B16.5

c. Body and bonnet material: carbon steel conforming to ASTM

A216, Grade WCB.

d. Stem material conforming to ASTM A479

e. Wedge material conforming to ASTM A217

f. Seat material conforming to ASTM A106

g. Rising stem, flexible wedge, outside screw and yoke.

h. Handwheel operated

7.45

Flanged Cast Steel

Check Valves complete

with Gaskets, Bolts,

Nuts and Washers

The check valves shall have the following specifications:-

a. Class 150, flanged cast carbon steel check valve conforming to

ANSI B16.34 and API 600.

b. Raised face flanges conforming to ANSI B16.5

c. Body and cover material: carbon steel conforming to ASTM

A216, Grade WCB.

d. Hinge pin material conforming to ASTM A479

e. Disc carrier material conforming to ASTM A217

f. Seat material conforming to ASTM A106

g. Disc material conforming to ASTM A216.

7.46 Forged Steel Weld

Neck Flanges

The flanges shall have the following specifications: -

a. Class 150, forged carbon steel flange conforming to ANSI

B16.5.

b. Flange to be of Welding Neck design with a raised face to

ANSI B16.5

c. Material: carbon steel conforming to ASTM A105

d. Each flange to be supplied with 8 bolts and matching nuts. Bolt

dimensions to conform to ANSI B16.5

e. Bolt material conforming to ASTM A193, Grade B5

f. Nut material conforming to ASTM A194, Grade 3

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7.47

Flanged Ultrasonic

Water Flow Meter

complete with Gaskets,

Bolts, Nuts and

Washers

a. High accuracy industrial water distribution applications e.g.

power plants, drilling rigs

b. Meters should incorporate a Leak and tamper detection, DMA

(district metered area) leakage detection system

c. The meters should incorporate multi-path technology that

improves accuracy and reduces straight-pipe run requirement

d. Meters should have at least 8 year battery life

e. Ultrasonic water meters should provide a wide performance

range featuring robust, and durable commercial and industrial

design for water measurement

f. Electronics, transducers and cables should all encapsulated in a

heavy-duty enclosure with IP68 rating

g. The meters should have No moving parts.

h. The meters should have dependable ultrasonic performance

without maintenance

i. Meters should not be affected by water impurity i.e. in order

to solve the challenges in harsh environments

j. Meters should have a Low life cycle costs

k. Meters should not measure entrained air in pipe

l. Meters should be unaffected by magnetic interference

m. Meters should have Low pressure drop

n. Meters should be able to measure cold water or hot water up

to 60°C (140°F)

o. Tamper-proof design or Wireless interface

p. To be supplied with 8 bolts and matching nuts. Bolt dimensions

to conform to ANSI B16.5

Nominal size ID150mm adapted to installed HDPE

water pipe

Sound Path Quad-path

Pipe Joint Flange (Default: DIN)

Body material Ductile Iron

ELECTRICAL DATA

Power Supply: Battery, 3.6V, Lithium

Replacement Interval: 10 years at tBAT<30°C (86°F)

Network Power Supply: Automatically switch to M-Bus or

RS485 power if available to save battery

Power Consumption: <0.1W

Backup Power Supply: Internal SuperCap

Communication Interface: M-Bus, RS485/MODBUS, Pulse,

BACnet, Radio or external GSM/ GPRS

CE approval: EN61326-1:2006

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ACCURACY / MPE (MAXIMUM PERMISSIBLE ERROR)

MPE according to OIML R49 / ISO4064

±2 in the range Q2 ≤ Q < Q4; ±5 in the range Q1 ≤ Q ≤ Q2

METROLOGY DATA

Accuracy Class: 2 (according to ISO4064 / OIML R49)

metrological Class: D (according to ISO4064 / OIML R49)

Range Q3/Q1: 250

MECHANICAL DATA

Environmental Class: B. Optional A

Electromagnetic Class: E1

Environmental Temp: 0~55°C(32~131°F)

Permissible Flow Temp: 0.1~60°C (32.2~144°F) for long term

and up to 95°C (203°F) for short term

Enclosure Protection: IP68

Lid Cover Protection

Pressure: PN25

SENSOR BODY MATERIAL

Ductile Iron (default for DN50-DN125)

304 SS (optional for DN50-DN150)

Carbon Steel (for size >= DN250)

Ductile Iron (default for DN50-DN125)

304 SS (optional for DN50-DN150)

Carbon Steel (for size >= DN250)

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SECTION VIII: PREAMBLE TO BILL OF QUANTITIES

8.1 Local Legislation

The Bidder‘s attention is drawn to the requirement of THE

FACTORIES (BUILDING OPERATIONS AND WORKS OF

ENGINEERING CONSTRUCTION) RULES, 1978, CAP 514, of

the Laws of Kenya (and as amended from time to time), which are to be

strictly complied with at all times.

8.2 Bidder’s Obligations

a) The Bidder shall treat the contents of these documents as private and

confidential. The Bidder shall acknowledge receipt of the

Tender Documents.

b) The copyright of these Bills of Quantities is vested upon the Client

and no part thereof may be reproduced without their express written

permission.

c) The Bidder shall neither insert additional items in to the Bill of

Quantities nor make any alterations to the item descriptions and

quantities, unless where expressly authorized.

d) The Bidder shall not alter or otherwise qualify the text of this Tender

Document/BOQ. Any unauthorized alternations or qualifications shall

be ignored and the text of the documents as printed will be adhered

to. Any comments which the Bidder desires to make shall not be

placed in the annexed documents but shall take the form of a separate

statement in English language as briefly as possible and giving reference

to page, clause or item number of the tender documents.

e) The Bidder shall be presumed to have made allowance in his prices

generally to cover items of preliminaries or additions to prime cost

sums or other items if these have not been priced against the

respective items.

f) All items of measured work shall be priced in detail and tenders

containing lump sums to cover trades or groups of work shall be

broken down during execution to show prices of each item before

they will be accepted. Lump sums to cover items of preliminaries

shall likewise be broken down if so required.

8.3 Site Conditions and

Visit

Notwithstanding the fact that surveys have been made, each Bidder must

make local and independent examination and inquiries as to the physical

conditions prevailing at the Site and each Bidder shall obtain his own

information regarding all matters and things that may in any way influence

him in making a tender and fixing the prices to be inserted in these

documents. Each Bidder shall satisfy himself as to the risks, obligations

and responsibilities to be undertaken in the Contract to be entered into

by him should his tender be accepted. The costs and charges incurred by

the Bidder in connection with the above-mentioned visit to the Site shall

be borne by the Bidder.

8.4 Complementary

Documents

The attention of the Contractor is explicitly directed to the Conditions

of Contract, Technical Specifications, Scope and Description of

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Works and Tender Drawings that are to be read in conjunction with

the Bills of Quantities and its Preamble. No other external documents

shall be used for any references.

8.5 Method of

Measurement

The Bills of Quantities have been prepared in accordance with the general

principles of the 2nd Ed. Method of Measurement of Building Works for

East Africa, Chapter of Quantity Surveyors, and applies equally to the

Measurement of proposed works and of variations.

The Works as executed shall be measured for payment in accordance

with the method adopted in the Bills of Quantities and under the item as

therein set forth.

The Contractor shall be responsible for furnishing the Employer

Representative with exact quantities of Works and/or materials

he has executed per day or per specific work. The Employer

Representative shall verify these works and approve.

The contractor‘s rate shall include for the complete execution of the

works as depicted on drawings and as specified in Technical Specifications.

The net measurement or weight of the finished work in place shall always

be taken and except where otherwise stated or where separate items are

provided, no allowance shall be made for cutting, waste, laps, circular

work, etc. and no deductions shall be made for grout nicks, joggle holes,

rounded arises or for linkages for fitting ironwork and the like.

Payment shall be effected only for those materials that are incorporated in

the permanent works and taken over as stipulated in the specifications

Any surplus materials delivered to the site shall become the property of

the Contractor and the Contractor shall reimburse any money that was

paid by the Employer on account of these materials.

Unless specific items have been provided for in the Bill of Quantities, no

separate measurement shall be made in respect of items whether specified

or not requiring mortar/sealant, assembling, building in or fixing to

concrete, block-works, metal work or timber, painting and protective

treatment, welding, drilling, bolting inclusive of bolts, nuts and washers,

screws, nails and plugs, jointing and joint materials, box out and filling

thereof, grouting, packing, bedding, insulation between different metals,

making good, conduits and fittings, cutting, waste, labour materials and all

incidental work to the items concerned and their surroundings.

8.6 Units of Bill of

Quantities

All sizes and quantities provided in the Bill of Quantities are in metric

units,

8.7 Extent of Works Notwithstanding any limits that may be implied by the wording of the

individual items and /or explanation provided in this preamble, it is to be

clearly understood by the contractor that the rates and sums that are

82


entered in the Bills of Quantities shall be for the work FINISHED

WORKS COMPLETE in every respect, without compromise or

otherwise.

The bidder shall be deemed to have taken full account of all requirements

and obligations whether expressed or implied, covered by all parts of this

Tender and to have priced the items herein accordingly.

The rates and sum shall therefore be included for all incidental

and contingent expenses and risks of every kind necessary to

construct, protect the works (including curing of all concrete works etc.

and protection from accidental damage) complete works and maintain the

whole of works in accordance with the Contract.

Full allowance shall be made in the rates and/or sums inter alias that are

referred to and/or specified herein.

Compliance with all Local Authority / County / Country

regulations

Paying fees and giving notice to authorities, public etc.

Payment of all patent rights and royalties

Safety precautions and all measures to prevent and suppress fire

and other hazards during implementation

Reinstatement of the site on completion of works

Maintenance of access to the existing roads in a motor‐able status

and waterways during the period of construction

Cost of design based on tender drawings, preparation of working

drawings and related data for materials, steel works, electrical

works, mechanical works, pipe works and equipment all ancillary

parts, minor fittings, bolts, nuts, gaskets, washers, fixing, etc.,

joining materials, protective coatings and sleevings and other

relevant items not specifically listed but necessary for proper

installation of the materials, pipe works and equipment (applicable

to materials supplied by the contractor)

site investigations that may be necessary for proper and complete

execution

all setting out and survey works

Provision of temporary services such as water supply, electricity,

fencing, watching, lighting; etc.

Interference to the works by persons, vehicles, vessels and the

like using the existing land and water facilities

works in connection with the protection and safety of adjacent

structures

supplying, maintaining and removing on completion contractor‘s

own accommodation, offices, stores, workshops, transport,

welfare services and all charge in connection therewith

working in dry conditions including dewatering if required except

where otherwise permitted by the specification maintaining public

roads and footpaths, and maintaining access upon existing roads or

83


recognized routes

Supply, inspection, sampling and testing of materials and of the

Works under construction including the provision and use of

equipment.

except where separate items are provided for bringing plant to

the site and removing on completion, for providing transporting to

site, setting to work operating (including all fuel and consumable

stores), maintaining and removing from the site upon completion

all construction plant and equipment necessary for the execution

of the work including the cost of all tests and other requirements

in respect to such plant and equipment

recruitment, bringing to and repatriate from the site,

accommodating and feeding and all other incidental costs and

expenses involved in the provision of all necessary skilled and

unskilled labour and supervision

Supporting faces of excavation temporary or permanent shoring,

shuttering and scaffolding etc.

costs of packing, protection, storage, insurance and related

documentation for shipment to Kenya for materials, pipes, fittings,

equipment, etc. cost of unloading at port, road transport to site,

offloading, stacking and storage in suitable sheds, double handling

as needed at site for materials, pipes, fittings, equipment, etc.

No claim shall be considered for further payment in respect of any work

or method of execution, which may be described in the Contract or is

inherent in the construction of the work and detailed on the drawings on

account of;

items that have been omitted from the Bill of Quantities, but

depicted on the drawings

any omission from the wording of the items or from a clause

in the Preamble or

no mention of such work or method of execution having been

in the Preamble Items against which no rates or sum is

entered by the contractor whether quantities are stated or

not shall not be paid for when executed but will be regarded

as covered by other rates in the Bill of Quantities.

The contractor shall be deemed to have taken into account all of the

following in his tender prices and his construction programmes.

all recognized holidays, festivals, religious and other local

customs

any stoppage of work or delays due to adverse weather

conditions

8.8 Additional Work The relevant Clauses of this Preamble shall be deemed to apply equally to

any work subsequently ordered for execution by the Contractor either

under Provisional Sum or Variation Orders, except where specifically

varied therein.

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8.9 RATES AND PRICES

8.10 Rates and Sums

The rates and sums entered by the contractor against all items in the Bill

of Quantities shall bear a proper relationship to the cost of carrying out

the work described in the Contract.

All costs and similar charges that are applicable to the Contract as a whole

shall be spread over all items in the Bill of Quantities whilst those that are

applicable only to particular sections of the Contract shall only to be

spread over the relevant items in particular sections.

8.11 Taxes and Duties

The contractor shall include all local taxes except VAT for the materials

and services to be procured locally in his unit rate for various item of

works included in the Bill of Quantities.

The unit rate for materials, goods and equipment to be imported from

overseas shall include VAT and other import duties such as custom duties,

cess, excise duty, etc.

The Employer is not responsible to pay any VAT or custom duty for any

imported items to be incorporated in the permanent works.

8.12 Value Added Tax As set out in the ―Instruction to Bidders‖, VAT payable to the

Government of Kenya shall be calculated separately and the total VAT

amount shall be inserted in the space provided in the Summary Page of the

Bills of Quantities.

VAT shall not be included in the unit rate for various items of work.

However, the total VAT component be carried over to the Form of

Tender.

The applicable rate for VAT in the BOQ items for civil engineering works

set by Government Kenya and the contractor shall authenticate this rate

and include in the Summary Bill of Quantities.

8.13 Provisional Sum Provisional sums items shall be dealt with as provided for in the

Conditions of Contract/FIDIC Clause 13.5.

8.14 Provisional Quantity Certain items in the Bill of Quantities are designated as ―Provisional

Quantity‖ in the description column to indicate that the quantities for the

work covered by such items are the best possible estimates that can be

made in advance of the execution of the work or that the provision of

such facilities as are described in the items may not in the event be

required under the contract.

All items so designated shall executed only as approved and if not used

either wholly or in part shall, as to the amount not used, be deducted

from the Contract Price.

85


8.15 Provisional Item Any item that is designated as ―Provisional Item‖ in the description column

of the Bill of Quantity is to indicate that the provision of such facilities of

work is uncertain at the time of document preparation.

The unit rate if any quoted by the contractor shall be applicable for the

amount of work executed under such items.

All items so designated shall be used as approved and if not used either

wholly or in part shall, as to the amount not used, be deducted from the

Contract Price.

8.16 Lump Sum Certain items in the Bill of Quantities are designated as ―Lump Sum (LS)‖

in the unit column to indicate that the payment will be effected as a sum

on satisfactory completion of that particular work.

Lump sum items stipulated in Bill of Quantities that are related to a

specific work shall be paid on the basis of the proportion of actual work

done to the total work of that specific item

Items with quantities and units shall be paid against number of units used

and/or incorporated in the works.

8.17 Withholding tax Withholding tax shall apply

8.18 Contingency Amount Contingency amount herein is used to refer to reserve or backup money

allocated by percentage of the cost of works. It is an amount that will only

be used or spent upon approval of the client and only in situations to

managed or cater for noted and documented omissions, risks or

uncertainties during the execution of the project.

8.19 Protection of

Completed Work and

Clearing upon

Completion

The Contractor shall allow in his rates for protecting completed work

from subsequent operations, making good of all damage to completed

work, clearing away all rubbish and construction wastes as it accumulates

and leaving the site in a tidy condition

8.20 SITE WORKS

8.21 Site Clearance The unit rate quoted for site clearance shall include for but not limited to

the removal and grubbing out of all trees, shrubs, debris, boulders and all

other objectionable materials from the designated area and dispose of

same to approved pit provided by the contractor. The measurement shall

be the plan area of the land within the limit of the site demarcated for the

installation of various structures.

The rate shall also include supply and spreading of at least 400mm thick

of topsoil cover over the site upon completion of the works.

8.22 Earthworks Excavation in all Material except Rock:-

86


The rates and prices for earth excavations including dredging shall be for

all types of ground conditions encountered except rock but including

ground situation above or below water level. The contractor shall make

allowances for the possibility of permission not being granted to the use of

explosives for blasting and other operations.

Quantity of material excavated as the product of the horizontal

area of the base of permanent work to be constructed and the

mean depth below ground level or measured as the volume to be

occupied by permanent work below ground level, whichever is the

greater. In no case shall any of the following quantities be included

in the measurement for payment.

o material excavated outside the vertical planes of neat outline

of foundation structures unless shown otherwise on the

drawings

o excavation and/or backfill for pipeline, storm sewers and

under drains except as allowed for in pipeline construction as

specified in pipe work, valves and fittings laying & installation

o excavations work performed prior to the taking of

measurements of the undisturbed natural ground

o additional excavation required due to the swelling of the

foundation when driving piles

o removal of slides, cave‐ins, silting or filling due to the action of

the elements or whether and/or carelessness of the

Contractor

o volume of excavated unsuitable material shall be measured as

the actual volume of material removed

o excavation for trenches of pipeline is described elsewhere in

this Preamble

No allowance is made for any bulking or for any extra transport required

due to bulking. The rates shall include but not by way of limitation for:

excavation to the correct depth and preserving the bottoms

of excavations in a state suitable for the reception of

concrete, pipes or pipe bedding, and no payment shall be

made for any concrete or pipe bedding required for filling of

over‐excavated volumes or disturbed areas to the net

dimensions as indicated on the Drawings

any additional excavation required for shuttering, working

space, temporary or permanent shoring, and subsequent

refilling and ramming and disposal of surplus

provision of land areas for the temporary storage of any

material required for backfilling that cannot be stored

alongside the excavation for any reason, together with the

cost of transporting, loading including disposal of surplus and

unloading such material and all other charges incurred in this

respect

trimming the bottoms of excavations including bottoming to

87


falls and trimming to sloping surfaces where required or

indicated on the Drawings

taking all precautions by supporting faces of excavation to

ensure the safety of the workmen and to prevent damage to

adjacent walls, building and all other structures and services

and to prevent damage to road and other surfaces by slip or

breaking away or trench sides or other cause including

permanent and/or temporary shoring of trenches

keeping the site and trenches and all other excavations free

from water arising from whatever cause

for clearing any scrub or other vegetable growth including all

trees and for disposing of the whole of the cleared material to

top provided by the Contractor

all temporary and permanent measures required to protect

and support all existing pipes, cables and services including all

chambers, gullies and foundations thereto, or repair or

replace them should they become damaged due to the

Contractor's activities

all barriers, lighting, warning signs and any other measures

necessary to ensure complete safety around the area of the

works

reinstatement of all affected surfaces and structures except

where separate items are included for permanent

reinstatement of roads

8.23 Structural Excavation:

The volume of material excavated for the installation of permanent

structure shall be measured as the product of the horizontal plan area of

the base of that structure and the mean depth below the ground level.

The mean depth shall be measured to the underside of the specified

blinding concrete.

8.24 Excavation in Rock:

Unless specified otherwise, excavation in rock in all cases shall be

measured as extra over to excavation in normal materials by volume from

the level at which rock is encountered.

The volume of rock measured for trench excavation shall be to the

maximum bottom width of trench permitted under the Specification or

actual width, whichever is less and to the depth of bedding bottom level.

An isolated localized quantity of rock or other hard materials such as

concrete encountered within the excavation of normal materials shall not

be measured separately for payment unless its volume exceeds 1 cum

except where the minimum volume shall be limited to 0.25 CM when the

extent of net width of excavation is less than 2.5m.

8.25 Fill: Fill shall be measured where a separate item is provided as the net volume

above ground level of the permanent earthwork to the dimensions shown

on the Drawings irrespective of source of material. The rate shall include

for selection, handling, placing and compaction in compliance with the

specifications of excavated or imported material

88


8.26 Backfill:

Backfill shall be measured (where items provided in BOQ) as the net

difference between the volume measured under excavation as stated

previously and the volume of installed permanent work below ground

level. The rate shall include for selection, handling placing and compaction

of excavated or imported material.

CONCRETE WORKS Road Crossings

8.27 General Concrete required for major structural construction shall be ready mix

concrete and subject to approved specifications. The unit rates for

provision and placing of concrete shall include but not limited to following

items: -

All costs incurred in determining the mixes to satisfy the

Specification including application any admixtures as required

excavation as required below previously filled levels and

backfilling except where separate items are provided

roughening the surface of previously executed or existing

work as required in order to providing the necessary bond

with new concrete

Realizing the required quality of finishes within the specified

tolerance

forming slops, falls and the like as specified in the contract

incorporating holes or box out for pipes, bolts, frames for

covers and other steel work as required

Building in cable conduits, pipes, junction boxes etc.

forming 25mm chamfers on all external arises to exposed

concrete

allowing for all construction joints, keys, stop ends, temporary

stops and shuttering of other than permanently exposed faces\

provision and removal all shuttering/ form work, scaffolding as

required

curing of the concrete and all other measures to protect

freshly poured concrete beating from direct sunlight and wave

action

trawling, rubbing down etc. and making good the concrete

surfaces to provide the specified finishes

cost of control testing throughout the period of concreting

and for the testing of concrete and remedial work consequent

to the results of control tests falling below the minimum

specified

extra working hours of personnel to maintain continuity of

casting

daily return showing the quantities of cement and the number

of mixing of each class of concrete used in each section of the

works as well as for temporary works

The measurement of concrete shall be either by cubic metre (CM), square

metre (SM) or linear metre (LM) of completed structure as stipulated in

89


the BOQ. In the event of volumetric measure is used, no deductions shall

be made for channels recesses or rebates less than 600mm girth, for

splays or chamfers less than 300mm measured on the splay, for holes or

ducts formed in the concrete less than 300mm girth. Fillets less than 300

mm on the splay shall be measured.

8.28 Blinding Concrete Rates for blinding concrete, if a separate item is provided in the bill of

quantity, shall include for all additional excavation and disposal of surplus,

necessary sawn shuttering where indicated on the Drawings. Measure for

payment of this work shall be in SM

8.29 Shuttering / Form work The unit rate for supply and placing of concrete shall include the cost of

preparing, fitting, fixing of shuttering/formworks (metallic plates or sawn

timbers) and shall also include scaffolding where necessary and in all cases

no separate item would be included in the Bill of Quantities for

measurement and payment of form work.

Supply of necessary materials, equipment for preparing fitting fixing of

formworks, scaffolding materials shall be procured by contractor and shall

be include in the unit rate of concrete works

Hence, the cost thereof for supply of necessary materials, equipment for

preparing fitting fixing of formworks, scaffolding shall be deemed to be

included in the rates for concrete work.

8.30 Steel Reinforcement The contractor shall prepare and submit reinforcement bar schedules for

all reinforced concrete structures based on the detailed construction

drawings provided by the Employer or for any additional works for

approval prior to fabrication and fixing of any reinforcements in the

works.

The schedules shall be submitted well in advance to allow adequate time

for checking.

Unless advised otherwise, the rate for steel fixing shall be provided for in

the BOQ.

The rates for steel reinforcement bar and steel fabric reinforcement shall

include for local transporting, storing, cleaning, cutting, fabricating, and all

labour in working, distribution to various parts of the works, fixing in

position, supporting, for the use of binding wire and for welding where

indicated.

The unit of measurement for steel reinforcement is the metric tonne

(1MT = 1000 kg.) or KILOGRAM (kg) as shall be indicated in the

BOQ, where separate item is provided and the weight of steel shall be

calculated net with no allowance made for wastage or laps and the cost of

these shall deemed to be covered in the unit rates.

The weight of steel supports, spacer bars and ties including stirrups and

90


binders (tying wires) used to locate and hold the reinforcement in place

shall not include in the quantity and the cost of these shall deemed to be

covered in the unit rates.

MISCELLANEOUS

WORKS

8.31 Access Facilities The Contractor shall provide adequate access facilities to various sites

within the project area to facilitate construction activities at no extra cost

to the Employer. These new facilities provided by the Contractor shall be

extended to other contractors/sub-contractors executing works for the

project or other agencies.

8.32 Existing Services and

Structures

The Contractor's attention is drawn to connections to and protecting of

existing services and installations. The Contractor shall be deemed to have

included in his tender rates and prices adequate provision to comply with

all such requirements where applicable.

8.33 Painting & Protective

Coatings

The rate for painting and protective coatings whether measured separately

or included in other items are to include for all temporary staging ladders

and the like, covering the adjacent works to prevent splashing providing

adequate protection to the work being painted or coated against dust,

spray and other foreign matter, for all preparation and priming, carrying

out the work in materials and colours, curling in edges, washing off stains,

and leaving the whole of the work perfect on completion. The rates for

painting are to allow the applying of the final coat of paint immediately

prior to handing over any section of the work.

8.34 Amendments to

Designs

Where amendments are required to the civil designs due to prevailing

ground conditions, the amended designs shall be produced by the

Contractor. No extra payment shall be made for this work to the

Contractor.

8.35 Abbreviations The units of measurement described in the Bill of Quantities are metric

units. Abbreviations used in the Bill of Quantities are as follows:-

km Kilometre

lm / m / LM Linear metre

mm Millimetre

sm / SM Square metre

cm / CM Cubic metre

No. Number

kg Kilogram

tonne (t) Tonne (1000 Kilograms)

litre Litre

Hrs. Hours

L.S. / SUM Lump Sum / Sum

P.S. Provisional Sum

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8.36 Provision of facilities: Separate items, where otherwise not provided for in the BOQ, are

deemed to be included in the Contract Price: -

a) Construction and maintenance of contractor‘s office and storage

facilities and equipping the same.

b) Construction and maintenance of any deviation or access roads

and all expenses incurred due to passing of the traffic through or

around the Site:

c) Cost of negotiations for any land required by the Contractor in

addition to that made available to him free of charge;

d) The subsequent removal of the Contractor‘s site accommodation

as required and quarrying facilities and the reinstatement of the

area on completion of the Contract;

e) Protection of the Site and Works from water, rain, theft & from

any other source;

f) Setting out and verification of all survey details and dimensions;

g) Provision and preservation of survey control points;

h) Provision of all samples and test certificates: and

i) Water supply and services.

j) Electrical Supply Services

k) Measures to reduce emissions and temporary protection of the

environment.

l) Provision of Protection Equipment to Staff

m) Staff wages and salaries

n) Fees for approvals and Licences from local authorities and the

government to carry out the works

o) Any other costs implied for the successful completion of these

works

8.37 SCHEDULES a) All relevant items in the Bills of Quantities must be priced in indelible

Ink. No alterations of the Quantities or descriptions made by the

Bidder will be allowed.

b) The Bidder shall complete all the schedules entirely. The schedules

shall be read in conjunction with the specifications and the drawings.

c) The total prices in the main summary of price schedules shall be deemed

to include all obligations under the Contract including and not limited to

labour, supply of materials, equipment, apparatus, fittings, spares, tools,

all construction works, wastages insurance, delivery to site, storage,

installation, testing, V.A.T, Withholding Tax, commissioning etc. in

accordance with specification

d) Any prices omitted from any section or part of price schedule shall be

deemed to have been included in another item, section or part and no

clarification shall be sort from the Bidder with regard to the noted

omission during evaluation stage and the Bidder cannot and shall not

make claim against such omission in case he is the successful bidder.

e) All prices shall be in local Kenya currency, shall be duty paid and shall

also be inclusive of all taxes current at the time of tendering

f) The quantities set out in the Bill of Quantities are the estimated

quantities of the works and they shall not be taken as the actual and

correct magnitude of the works to be executed by the contractor in

92


fulfilment of his obligation under the Contract.

g) The Contractor shall be deemed to have satisfied himself before

tendering as to the correctness and sufficiency of his tender for the

Works and of the rates and prices stated in the priced Bills of

Quantities, which rates and prices shall cover all his obligations under

the Contract and all matters and things necessary for the proper

completion and maintenance of the Works.

93


SECTION IX: BILL OF QUANTITIES

NOS DESCRIPTION UNIT QTY RATE TOTAL

COST

1.0 Allow a prime cost of sum of KES. 200,000 for material

testing as directed by Client Representative PC 1 200,000

200,000

1.1 Extra over item No. 1.1 for contractors‘ overheads and

profits % 200,000 %

1.3

Supply to client new laptop computers together with the

additional accessories with specifications as provided in

Section VI. Cl 6.39 for the exclusive use in the project;

NOS 3

2.0 Supply, install, test and commission laying of OD 225MM;

PN 25 HDPE waterpipes to technical specifications LM 700

3.0 Supply, install, test and commission laying of OD 180MM;

PN 12.5 HDPE waterpipes to technical specifications LM 2,000

4.0

Supply, install and test all applicable accessories including

Flanged Ultrasonic Water Flow Meters, Gate Valves,

Check valves, weld on flanges, applicable bends and

junctions; all complete with gaskets, bolts, nuts, washers

as applicable; The Contractor is to study the schematic

drawing provided to determine all the accessories

required, their applicable sizes and numbers thereof to

ensure complete installation of the HDPE waterline.

LOT 1

5.0

Construct 8M Long crossing box culvert: Width Min

300MM c/c; Length Min 8000M c/c; and depth Min

400MM c/c; all round wall thickness Min 200MM,

including 200mm Cover. The cover shall be in removable

slabs of 400mm width by 1000MM long slabs, therefore,

appx. 8Nos Slabs. The culvert shall be constructed of

Reinforced Concrete and the scope shall include

excavation for, preparing, casting of, and curing of the

culvert structure. The culvert shall be topped with Min

50MM Type 1 AC to flash with road surface

NOS. 1

6.0 Allow for Training for staff at the Contractor's premises

as provided for in Section VII; 7.16 LOT 1

Sub Total 1

Add 5% Contingency

Sub Total 2

Add 16% VAT

Total Cost KES.

Taken to Form of Tender

94


SIGNED: BILL OF QUANTITIES

To be filled in block letters

Total Tender Price in Figures: ) KES

Total Tender Price in Words:

(Carried to Form of Tender) )

)

)

)

Company Name )

)

COMPANY ADDRESS:

Physical )

)

)

Email )

Phone )

NAME OF REPRESENTATIVE

(With Power of Attorney) )

Sign )

Email )

Phone )

Date (DD-MM-YYYY) )

Company/Firm Stamp )

95


SECTION X: STANDARD FORMS

96


SITE VISIT CERTIFICATE

This is to certify that (IN BLOCK LETTERS)

Name:

Cell Phone No:

Email:

Being the authorized representative of (IN BLOCK LETTERS)

M/S [Firm/Company]

Official Tel No

Official Email:

Participated in the organized inspection visit of the site of the works for:

KGN-GDD-026-2020



Held on Day of 20

To be filled by KenGen Representative

(Name of KenGen’s Representative)

(Designation)

DATE

(Signature KenGen’s Representative)

NOTE: This form is to be completed at the time of the organized site visit; Bidder to bring along with him duly filled site

visit certificate during the site visit

97


FORM OF TENDER

TO:



Stima Plaza, Parklands

P.O. Box 47936-00100

Nairobi, Kenya

Date: -



Gentlemen and/or Ladies:

1. Having examined the tender documents including Addenda Nos. ………………………………. [insert

numbers].the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide the

services ( …………………………………………… (insert service description) in conformity with the said

tender documents for the sum of …………………………………………………………. (total tender

amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule

of Prices attached herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to provide the services in accordance with the service delivery

schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the Performance Security (bond / guarantee) of a bank in a sum

of equivalent to 1% percent of the Contract Price for the due performance of the Contract in

the form prescribed by ………………. ……………….( Procuring entity).

4. We agree to abide by this Tender for a period of …….… [number] days from the date fixed for tender

opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any

time before the expiration of that period.

5. This Tender, together with your written acceptance thereof and your notification of award, shall

constitute a Contract, between us, subject to signing of the Contract by the parties.

6. We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this day of 2020

Name in Block Letters Signature

In the capacity of

Duly authorized to sign tender for an on behalf of

98


NOTARIZED POWER OF ATTORNEY

(Only in case of Joint Ventures)

The Bidder shall state here below the name(s) and address of his representative(s) who is/are authorized to

receive on his behalf correspondence in connection with the Tender and thereafter, during the execution of this

contract.

……………………………………………………………………..………………………

(Name of Bidder's Representative in block letters)

……………………………………………………………………………………………

(Position in Company/Firm)

………………………………………………………………………………………………

(Address of Bidder's Representative)

……………………………………………………………………………………………

(Email – in block letters)

………………………………………………………………………………………………

(Phone number)

………………………………………………………………………………………………

(Signature of Bidder's Representative)

Alternate:

……………………………………………………………………..………………………

(Name of Bidder's Representative in block letters)

………………………………………………………………………………………………

(Position in Company/Firm)

………………………………………………………………………………………………

(Address of Bidder's Representative)

………………………………………………………………………………………………

(Email – in block letters)

………………………………………………………………………………………………

(Phone number)

………………………………………………………………………………………………

(Signature of Bidder's Representative)

(Fill on Separate Sheet in case of more persons); (This form MUST to be notarized ;)

99


MANDATORY ELIGIBILITY & QUALIFICATION DATA; TENDER QUESTIONNAIRE

Please fill in block letters.

1. Full names of Tenderer

………………………………………………………………………………………

2. Full address of Tenderer to which tender correspondence is to be sent (unless an agent has been

appointed below)

………………………………………………………………………………………

3. Telephone number (s) of Tenderer

………………………………………………………………………………………

4. E-mail and Fax address of Tenderer

………………………………………………………………………………………

5. Name of Tenderer‘s representative to be contacted on matters of the tender during the tender period

………………………………………………………………………………………

6. Details of Tenderer‘s nominated agent (if any) to receive tender notices. This is essential if the

Tenderer does not have his registered address in Kenya (name, address, telephone, e-mail)

………………………………………………………………………………………

………………………………………………………………………………………

_________________

Signature of Tenderer

Make copy and deliver to: ___________________________ (Name of Employer)

100


MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE

(Must be filled by all applicants or Tenderers’ who choose to participate in this tender)

Name of Applicant(s)...........................................................................................................................

You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever

applies to your type of business. Part 2 (d) to part 2 (i / j) must be filled. You are advised that

giving wrong or false information on this Form will lead to automatic disqualification of your

tender or termination of your contract or debarment of your firm at your cost.

Part 1 – General

Business Name:………………………………………………Certificate of Incorporation /

Registration No. ………………………………………..…Location of business premises:

Country …………………………………Physical address …………………….……………….

Town ………………………………….…………….….Building……………………………….

Floor…………………………………………………….Plot No. ……..………………………..

Street / Road ……..………………….…………………Postal Address ………..………………

Postal / Country Code………………………………… Telephone No‘s…...…..………………

Fax No‘s. ……………………….……………E-mail address ……………….…………………

Website ……………………………………………………………………………….…………

Contact Person (Full Names) …………………………… Direct / Mobile No‘s.…………….…

Title ……………………………………… Power of Attorney (Yes / No)

If yes, attach written document.

Nature of Business (Indicate whether manufacturer, distributor, etc) ………………..………..

(Applicable to Local suppliers only)

Local Authority Trading License No. …………………… Expiry Date ………….…………..

Value Added Tax No.………………………….……………………………………………….

Value of the largest single assignment you have undertaken to date (US D/KShs)

…………………………………….……

Was this successfully undertaken? Yes / No. ………………………….(If Yes, attach reference)

Name (s) of your banker (s)….……………………………..…………………………………..

Branches ………………………………………………… Tel. No‘s. …….……………….….

Part 2 (a) – Sole Proprietor (if applicable)

Full names ……..……………………………..…………………………………………………….

Nationality………………………………………….. Country of Origin……....…………………

……………………………………………………………………..……..……………

Company Profile ………………………. (Attach brochures or annual reports in case of public company)

101


Part 2 (b) – Partnerships (if applicable)

Give details of partners as follows:

Full Names Nationality Citizenship Details Shares

1. ………………………………………………………………………………………………….

2. ………………………………………………………………………………………………….

Company Profile ………………………. (Attach brochures)

Part 2 (c) – Registered Company (if applicable - as per the CR12 form)

Private or public …………………………………………….

Company Profile ……………. (Attach brochures or annual reports in case of public companies)

State the nominal and issued capital of the Company

Nominal KShs ……………………..………………………….

Issued KShs ………………………..………………………….

List of top ten (10) shareholders and distribution of shareholding in the company. Give details of all directors as

follows:-

Full Names Nationality Citizenship Details Shares

1.…………………………. ……………… …………………… ……….…….

2………………………… ………………… ………………….……..…..……

Part 2 (d) – Debarment

I/We declare that I/We have not been debarred from any procurement process and shall not engage in any

fraudulent, corrupt, coercive and obstructive acts with regard to this or any other tender by the KENGEN and

any other public or private institutions.

Full Names

………………………………………………………………………………………………………

Signature …………………………………………………………………..………………………………….

Dated this ……………………day of ……………………………2020.

In the capacity of……………………………………………………………………………………

Duly authorized to sign Tender for and on behalf of …………………………...…………………

Part 2 (e) – Bankruptcy / Insolvency / receivership.

I/We declare that I/We have not been declared bankrupt or insolvent by the competent Authorities in Kenya

and neither are we under receivership:

Full Names……………………………………………………………………………………

Signature …………………………………………………………………………………….

Dated this ………………………………….……………day of ……………………………2020.

In the capacity of

………………………………………………………………………………………………………

Duly authorized to sign Tender for and on behalf of ………………………………………………

102


Part 2 (f) – Criminal Offence

I/We, (Name (s) of Director (s)):-

a) ……………………………………………………………………….………..……………

b) …………………………………………………………………………..….……….………

Have not been convicted of any criminal offence relating to professional conduct or the making of false

statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of

three (3) years preceding the commencement of procurement proceedings.

Signed …………………………………………………………………………………………………….

For and on behalf of M/s

………………………………………...…………..………………………………………………..

In the capacity of

……………………………….……………………………………………………………………

Dated this …………………………………………day of ………………………………….2020

Suppliers‘ / Company‘s Official Rubber Stamp

………………………………………………………….

Part 2 (g) – Conflict of Interest

I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement:

a) ………………………………………………………………………………………………

b) ………………………………………………………………………………………………

For and on behalf of M/s ……………………………………………………………………..

In the capacity of ……………………………………………………………………………

Dated this ……………………………………day of ……………………………………….2020


………………………………………………………

Part 2 (h) – Interest in the Firm:

Is there any person/persons in KENGEN or any other public institution who has interest in the Firm? Yes/No

……………………….. (Delete as necessary) Institution ………………………….

……………………………………. ……………………………… ………………………

(Title) (Signature) (Date)

Part 2(i) – Experience:

NOTE: THIS SECTION IS MANDATORY ONLY IF IT FORMS PART OFTECHNICAL EVALUATION. IT’S

ALSO NOT NECESSARY FOR ALREADY PRE-QUALIFIED ORDIRECT PROCUREMENT FIRMS. AGPO

FIRMS ARE HOWEVER EXCLUDED ENTIRELY FROM FILLING IT.

Please list here below similar projects accomplished or companies / clients you have supplied with similar items

or materials in the last 2 (Two) years.

Company

Name Country

Contract/Order

No. Value

Contact

person

(Full

Names)

E-mail

address

Cell

phone

No.

103


1

2

3

Part 2 (i or j) – Bank account details:

AGPO firms must provide evidence from their bank that the account to which KenGen shall make payment has

a youth or a woman or a PWD listed in the CR12 form/partnership deed/sole proprietor certificate as a

MANDATORY signatory of that account,- Sec.157 (11) of PPADA:

Account No:……………………..........…..Name of the person(s) in the CR12 form OR in the partnership

deed

OR in the sole proprietor

Certificate …………………….………......./...................……………..……………….

ID No(s):…………………/…….…….…..…...Signature and stamp of the authorized Banker

Representative……………..……………Date……………………….

Part 2(j or k) – Declaration

I / We, the undersigned state and declare that the above information is correct and that I / We give KENGEN

authority to seek any other references concerning my / our company from whatever sources deemed relevant,

e.g.

Office of the Registrar of Companies, Bankers, etc.

Full names

……………………………………………………………………………………………………..

Signature……………………………………………………………………………………………

For and on behalf of M/s …………………………………………………………………………..

In the capacity of

………………………………………………………………………………………………………

Dated this …………………………………………day of ………………………………….2020.


…………………………………………………………

104


Date …………………………………………………..

Signature of Candidate ………………………………..

If a Kenya Citizen, indicate under ―Citizenship Details‖ whether by Birth, Naturalization or registration.

105


Financial Information

Name of Tenderer or partner of a joint venture

Pursuant to Sub- Clause 13.3 part 4 of Instructions to Tenderers, the Tenderer, including each of the partners of

a joint venture, and the main suppliers should provide the financial information requested below demonstrating

the current soundness of their financial positions and long-term profitability as well as evidence of financial

resources to meet the Contract cash flow.

i. AUDITED FINANCIAL ACCOUNTS

a. Financial reports for the last three years, balance sheets, profit and loss statements, auditors‘

reports etc. List them below and attach copies.

Sno Audited Financial Reports for Year: -

1

2

3

b. Turn-Over: The Tenderer is requested to complete the information in this form for all individual

firms, all partners of a joint venture. The information supplied should be the annual turnover of the

Tenderer (or each member of a joint venture), in terms of the amounts billed to clients for each

year for work in progress or completed.

Use a separated sheet for each partner of a joint venture and each supplier.

Annual Turnover Data

Year Turnover Euro or equivalent

1.

2.

3.

4.

5.

c. Name, address, telephone, e-mail, fax numbers of the Tenderer‘s financial auditors who offer

financial auditing services to tenderer

106


………………………………………………………………………………………………

Name of Auditing Firm (in block letters)

………………………………………………………………………………………………

Official Address, Physical Location (in block letters)

………………………………………………………………………………………………

Official Email (in block letters)

………………………………………………………………………………………………

Name of Contact Person (in block letters)

……………………………………………………………………………………………

Phone Number of Contact Person (in block letters)

…………………………………………………………………………………………

Email of Contact Person (in block letters)

OR

ii. LINES OF CREDIT

Tenderer (and joint partners where applicable) to provide evidence of access to lines of credit sufficient

to meet the Contract cash flow over one year, net of the Tenderer‘s or supplier‘s commitments for

other contracts. List the documents submitted as evidence and attach copies.

Sno Documents for access to line of credit

1

2

3

Total line of credit line from commercial banks KShs………………………………………….

iii. ADDITIONAL INFORMATION.

a. Provide 6 Months bank Statements. The Bank Statements shall be certified by the issuing bank and

shall be current within the last 6 months prior to closing date of this tender document.

107


b. Name, address, telephone, e-mail, fax numbers of the Tenderer‘s Bankers who may provide

reference if contacted by the Employer.

…………………………………………………………………………………………

(Name of bank and branch)

…………………………………………………………………………………………

(Physical Address)

…………………………………………………………………………………………

(Email address)

…………………………………………………………………………………………

(Contact Telephone Numbers)

This information is declared to be correct by (Tenderer‘s authorized representative)

Name………………………………………… Signature……………..…

Position in the Firm…………………………………… Date………………………

108


Proposed Work Plan & Methodology

Name of Applicant or partner of a joint venture

The Tenderer shall submit a write up on the proposed work plan and methodology for performing the works

covering design, supply, installation commissioning and training (overseas and on site)

This information is declared to be correct by (Tenderer‘s authorised representative)

Name………………………………………… Signature………...………


109


Programme of Works


Based on the specified completion periods given under Sub-Clause 1.2 of the Instructions To Tenderers, the

Tenderer shall provide a proposed programme of Works in a bar chart form showing the sequence of work and

time duration for each activity. The proposed programme shall include activities such as design, schedule for the

drawing submittal, ordering and procurement of materials, manufacturing, fabrication, shop assembly and testing,

transportation, erection, site testing and commissioning of the Plant to be supplied under the Contract.

We offer to complete all the works as required under tender within

__________________________consecutive calendar days as per the attached schedule.


Name………………………………………… Signature………...………


110


Drawings and Documentation to be Submitted with Tender


Pursuant to Clause 5of Instructions to Tenderers (ITT), the Tenderer is required to submit drawings,

brochures, technical data, type test certificates, etc. for the plant and equipment to be incorporated in the

Works, sufficient to demonstrate compliance with the technical specifications. The Tenderer is required to list

under each item in the table below, those documents being submitted with the tender. The reference number of

the document shall be included so that the document can easily be identified.

Section Description Document Type Document

Reference

1.

2.

3.

4.

5.


Name………………………………………… Signature………...………


111


Contractor’s Equipment

Name of Tenderer or partner of a joint venture

The Tenderer should fill in major items of Contractor‘s equipment proposed for carrying out the Works.

Item of Equipment Nos Req.

for Project Availability

Description,

Make and

Age(years)

Condition

(new, good,

poor)

Owned,

Leased

4-Wheel Drive Double

Cab pick up 1 Full time

Minibus / Van for staff

transportation 1 Full time

Tipper / Transportation

lorry 1 Each As required

Excavator / Backhoe 1 Full Time

HDPE Fusion Machine 1 Full Time

Plate or hand Roller

Compactor 1 Full time

Tools Box and General

tools of Trade, eg

spanners, pliers,

trowels, etc

General

Tools

Always

a) Provide and attach copies of Proof of Ownership (Log Book or otherwise) or lease agreement of Listed

Equipment

b) All equipment listed must be in good and serviceable working conditions and suitable to undertake the

work for which it shall be employed to do

c) Equipment availability full time during execution of the contract

d) A Double Cab Vehicle, in good serviceable condition, clean and well-kept, shall be provided and made

available at all times during the construction period for use by the Client Representative. The cost of

use and maintenance of such vehicle shall be borne by the contractor.

This information is declared to be correct by (Tenderer‘s authorized representative)

112


Name…………………………… Signature………...………


113


Particular Experience Record of the Tenderer (Not applicable to AGPO firms)


The Tenderer or partner of a joint venture is required to list below the names of at least three (3) Contracts

meeting the requirements of Sub-Clause 13.3 part 1 of Instructions to Tenderers (Tender Data Sheet). The

detail of each of the listed contracts is to be summarised on Form (B15).

Names of Contracts meeting the specified

requirements Company/ Client Contract Amount

Completed /

Ongoing

1.

2.

3.

4.

5.


Name………………………………………… Signature………………


114


Key Personnel

Name of Tenderer

The following Key Project Personnel shall be applicable.

a) A Contractor‘s Site Agent with a minimum of 4 years specific experience in building

construction or works of an equivalent nature and volume, with a minimum of Ordinary

Diploma in Civil Engineering or equivalent from a recognized institution.

b) A Contractor‘s Site Supervisor with a minimum of 2 years specific experience in building

construction or works of an equivalent nature and volume, with a minimum of Ordinary

Diploma in Civil Engineering or equivalent from a recognized institution.

c) A Contractor‘s Environment and Safety Officer with a minimum of 2 years specific

experience of in the field, with a minimum of Ordinary Diploma.

d) Skilled and unskilled laborers with specific experiences and certificates.


Name………………………………………… Signature………...………

Position in the Firm………………………… Date………………………

115


CVs of Key Personnel

Key Personnel

information

1. Name of candidate

2. Most Current Professional qualification

3. Current Position in the company

Telephone

Reference Contact (Supervisor)

Fax

E-mail

Job title of candidate

Years with present employer

Summarise professional experience over the last 10 years, in reverse chronological order. Indicate particular

technical and managerial experience relevant to the Project.

From To Company/Project/Position/ Relevant technical and management

experience


Name………………………………………… Signature………...………


(Fill and attach separate sheet for other applicable staff)

116


Contractors and Suppliers Quality Assurance Details


The Tenderer shall provide copies of valid certificates issued by competent Quality Assurance Agencies showing

that the transformer manufacturer conforms to the Quality System Standard ISO 9001 or its equivalent. The

Tenderer is required to list below the valid certificates submitted with his tender.

Name of Tenderer,

subcontractor or supplier

Equipment or service being

supplied

ISO 9001 or equivalent

certificate provided


Name………………………………………… Signature………...………


117


Deviations from Specifications


Any deviations from the Conditions of Contract or the Technical Specifications shall be clearly indicated in the

table below and reasons given.

Clause

or

Section

No.

Deviation Reason for Deviation

1. Commercial / Contractual Deviations

2. Technical Deviations


Name………………………………………… Signature………...………


118


Details of Subcontractors

(if any)


The Tenderer shall indicate in this schedule, the proposals for subcontracting elements of the Works together

with the names and addresses of the subcontractors he proposes to employ (if any).

A statement of similar works executed by each of the proposed subcontractors shall be provided, which shall

include details of the work executed, year of completion, value of the works and the name and address of the

client.

Work to be Subcontracted Name and Address of

Subcontractor

Similar works previously executed


Name………………………………………… Signature………...………


119


SECTION XI: SECURITY FORMS

120


TENDER-SECURING DECLARATION FORM

{To be filled in Tenderer’s letter head}

[The Bidder shall complete in this Form in accordance with the instructions indicated]

Date: [insert date (as day, month and year)]

Tender No.: [insert number of Tendering process]

To: Kenya Electricity Generating Company PLC

We, the undersigned, declare that:

1) We understand that, according to your conditions, Tenders must be supported by a Tender-Securing

Declaration.

2) We accept that we will automatically be suspended from being eligible for Tendering in any contract

with the Procuring Entity for the period of time of [insert number of months or years] starting on [insert

date], if we are in breach of our obligation(s) under the Tender conditions, because we:-

a) Have withdrawn our Tender during the period of Tender validity specified in the Form of Tender; or

b) Having been notified of the acceptance of our Tender by the Procuring Entity during the period of

Tender validity,

i. Fail or refuse to execute the Contract, if and when required, or

ii. Fail or refuse to furnish the Performance Security (bond / guarantee) (bond / guarantee), in

accordance with the ITT.

c) We understand this Tender Securing Declaration shall expire if we are not the successful Tenderer,

upon the earlier of:-

i. Our receipt of your notification to us of the name of the successful Tenderer; or

ii. Thirty days after the expiration of our Tender.

d) We understand that if we are a Joint Venture, the Tender Securing Declaration must be in the name of

the Joint Venture that submits the bid, and the Joint Venture has not been legally constituted at the time

of bidding, the Tender Securing Declaration shall be in the names of all future partners as named in the

letter of intent.

Signed: [insert signature of person whose name and capacity are shown] in the capacity of [insert legal capacity of

person signing the Tender Securing Declaration]

Name: [insert complete name of person signing the Tender Securing Declaration]

Duly authorized to sign the Tender for and on behalf of: [insert complete name of Tenderer]

Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

121


MANUFACTURER’S AUTHORIZATION FORM

(On Letterhead of the Manufacturer)

To [name of the Procuring entity] ………………….

WHEREAS …………………………………………………………[ name of the manufacturer] who are

established and reputable manufacturers of ………………….. [name and/or description of the goods] having

factories at ………………………………… [address of factory] do hereby authorize …………………………

[name and address of Agent] to submit a tender, and subsequently negotiate and sign the Contract with you

against tender No. ………………………. [reference of the Tender] for the above goods manufactured by us.

We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the goods

offered for supply by the above firm against this Invitation for Tenders.

[signature for and on behalf of manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a

person authorized.

122


TENDER SECURITY (BANK GUARANTEE)

{To be filled in Banks letter head}

[If required, the Bank /Tenderer shall fill in this Guarantee form in accordance with the instructions indicated in

brackets.]

[Insert bank’s name, and address of issuing branch or office]

Beneficiary: [insert name and address of Procuring Entity]

Date: [insert date]

TENDER GUARANTEE No.: [insert number]

We have been informed that [insert name of the Tenderer; if a joint venture, list complete legal names of partners]

(hereinafter called "the Tenderer") has submitted to you its Tender dated [insert date] (hereinafter called "the

Tender") for the execution of [insert name of Contract] under Invitation for Tenders No. [insert IFT number] (―the

IFT‖).

Furthermore, we understand that, according to your conditions, Tenders must be supported by a Tender

Guarantee.

At the request of the Tenderer, we [insert name of bank ] hereby irrevocably undertake to pay you any sum or

sums not exceeding in total an amount of [insert amount in figures expressed in the currency of the Purchaser’s

Country or the equivalent amount in an international freely convertible currency] ([insert amount in words]) upon

receipt by us of your first demand in writing accompanied by a written statement stating that the Tenderer is in

breach of its obligation(s) under the Tender conditions, because the Tenderer;

a) Has withdrawn its Tender during the period of Tender validity specified by the Tenderer in the Form of

Tender; or

b) Does not accept the correction of errors in accordance with the Instructions to Tenderers (hereinafter

―the ITT‖) of the IFT; or

c) Having been notified of the acceptance of its Tender by the Procuring Entity during the period of

Tender validity;

d) Fails or refuses to execute the Contract Form, if required, or

e) Fails or refuses to furnish the Performance Security (bond / guarantee) (bond / guarantee), in

accordance with the ITT.

This Guarantee shall expire;

a) If the Tenderer is the successful Tenderer, upon our receipt of copies of the Contract signed by the

Tenderer and of the Performance Security (bond / guarantee) (bond / guarantee) issued to you by the

Tenderer; or

b) If the Tenderer is not the successful Tenderer, upon the earlier of;

c) Our receipt of a copy of your notification to the Tenderer that the Tenderer was unsuccessful, or

d) Thirty days after the expiration of the Tenderer‘s Tender.

e) Consequently, any demand for payment under this Guarantee must be received by us at the office on or

before that date.

_____________________________

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[signature(s) of authorized representative(s)]

124


PERFORMANCE BANK OR INSURANCE GUARANTEE [UNCONDITIONAL]

(On Letterhead of Bank/Insurance Company)

[The Bank or Insurance Company/successful Tenderer providing the Guarantee shall fill in this form in

accordance with the instructions indicated in brackets, if the Procuring Entity requires this type of security.]

[insert bank’s or insurance company’s name, and address of issuing branch or office]

Beneficiary: [insert name and address of Procuring Entity]

Date: [insert date]

PERFORMANCE SECURITY (BOND / GUARANTEE) No.: [insert Performance Security (bond /

guarantee) number]

We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") has entered into

Contract No. [insert reference number of the Contract] dated with you, for the execution of [insert name of

Contract and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a Performance Security (bond /

guarantee) is required.

At the request of the Contractor, we [insert name of Bank or Insurance Company] hereby irrevocably undertake

to pay you any sum or sums not exceeding in total an amount of [insert amount in figures] ([insert amount in

words]), such sum being payable in the types and proportions of currencies in which the Contract Price is

payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the

Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show

grounds for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with

the demand.

We further agree that no change, addition or other modification of the terms of the Contract or of the Works

to be performed there under or of any of the Contract documents which may be made between you and the

Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of

any change, addition, or modification.

This guarantee shall expire not later than thirty days from the date of issuance of the Taking-Over Certificate.

[signature(s) of an authorized representative(s) of the Bank or Insurance Company]

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ADVANCE PAYMENT GUARANTEE

(if Applicable)

[Bank’s Name and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Procuring Entity]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into

Contract No. [reference number of the contract] dated ______ with you, for the execution of [name of contract

and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum

[amount in figures] ( ) [amount in words] is to be made against an advance payment guarantee.

At the request of the Contractor, we [name of Bank ] hereby irrevocably undertake to pay you any sum or

sums not exceeding in total an amount of [amount in figures] ( ) [amount in words] upon receipt by

us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach

of its obligation under the Contract because the Contractor used the advance payment for purposes other than

the costs of mobilization in respect of the Works.

We further agree that no change or addition to or other modification of the terms of the Contract or of the

Works to be performed thereunder or of any of the Contract documents which may be made between

________________________[name of Procuring Entity] and the Contractor, shall in any way release us from

any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

No drawing may be made by you under this guarantee until we have received notice in writing from you that an

advance payment of the amount listed above has been paid to the Contractor pursuant to the Contract.

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment

repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be

presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment

certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the

___ day of _____, 2___, whichever is earlier. Consequently, any demand for payment under this guarantee

must be received by us at this office on or before that date.

Yours truly,

Signature and seal:

Name of Bank :

Address:

Date:

126


FORM OF CONTRACT AGREEMENT

This Agreement made the ....................day of .................................. 20 ..........................

Between Kenya Electricity Generating Company PLC of [or whose registered office is situated at]

Stima Plaza Phase III, Kolobot Road, Parklands, P.O. Box 47936-00100, NAIROBI, KENYA

(hereinafter called ―the Employer‖) of the one part, and .............................................................................. of [or whose

registered office is situated at].............................................................................. ...................................................(hereinafter

called ―the Contractor‖) of the other part.

WHEREAS the Employer is desirous that the Contractor executes ……………………. (hereinafter called

―the Works‖) located at ………………………and the Employer has accepted the Tender submitted by the

Contractor for the execution and completion of such Works and the remedying of any defects therein, for the

Contract Price of .......[Amount in figures], ......................................... [Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to

them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and shall be read and construed as part of this

Agreement i.e.

a) The Letter of Acceptance dated ..................................

b) The Letter of Tender dated ...............................

c) The Addenda nos ..............................

d) The Conditions of Contract

e) The Employer‘s Requirements

f) The completed Technical Schedules

g) The Completed Guarantee Schedules

h) The priced Schedule of Prices.

i) The Technical Specifications

j) The Contractor‘s Tender.

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to design, execute and complete the

Works and remedy any defects therein, in conformity in all respects with the provisions of the

Contract.

4. The Employer hereby covenants to pay the Contractor, in consideration of the execution and

completion of the Works and the remedying of defects therein, the Contract Price or such other sum

as may become payable under the provisions of the Contract at the times and in the manner prescribed

by the Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first

before written.

The common Seal of ............................................................................................................

Was hereunto affixed in the presence of .............................................................................

Signed Sealed, and Delivered by the said ............................................................................

Binding Signature of Employer .............................................................................................

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Binding Signature of Contractor ............................................................................................

In the presence of

Name ..................................................................................................

Address ..............................................................................................

Signature ............................................................................................

Name .................................................................................................

Address..............................................................................................

Signature............................................................................................

128


INTEGRITY DECLARATION

UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT AND

COMPLIANCE PROGRAMME

1. Each Tenderer must submit a statement, as part of the Tender documents, in either of the two given

formats which must be signed personally by the Chief Executive Officer or other appropriate senior

corporate officer of the Tendering company and, where relevant, of its subsidiary in the Kenya. If a

Tender is submitted by a subsidiary, a statement to this effect will also be required of the parent

company, signed by its Chief Executive Officer or other appropriate senior corporate officer.

2. Tenderers will also be required to submit similar No-bribery commitments from their subcontractors

and consortium partners; the Tenderer may cover the subcontractors and consortium partners in its

own statement, provided the Tenderer assumes full responsibility.

3.

a) Payment to agents and other third parties shall be limited to appropriate compensation for

legitimate services.

b) Each Tenderer will make full disclosure in the Tender documentation of the beneficiaries and

amounts of all payments made, or intended to be made, to agents or other third parties

(including political parties or electoral candidates) relating to the Tender and, if successful, the

implementation of the contract.

c) The successful Tenderer will also make full disclosure [quarterly or semi- annually] of all

payments to agents and other third parties during the execution of the contract.

d) Within six months of the completion of the performance of the contract, the successful

Tenderer will formally certify that no bribes or other illicit commissions have been paid. The

final accounting shall include brief details of the goods and services provided that they are

sufficient to establish the legitimacy of the payments made.

e) Statements required according to subparagraphs (b) and (d) of this paragraph will have to be

certified by the company's Chief Executive Officer, or other appropriate senior corporate

officer.

4. Tenders which do not conform to these requirements shall not be considered.

5. If the successful Tenderer fails to comply with its No-bribery commitment, significant sanctions will

apply. The sanctions may include all or any of the following:

a) Cancellation of the contract;

b) Liability for damages to the public authority and/or the unsuccessful competitors in the

Tendering possibly in the form of a lump sum representing a pre-set percentage of the

contract value (liquidated).

6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery Policy/Code of

Conduct, if any, and of their-general or project - specific - Compliance Program.

7. The Government of Kenya has made special arrangements for adequate oversight of the procurement

process and the execution of the contract and has invited civil society and other competent

Government Departments to participate in the oversight. Those charged with the oversight

responsibility will have full access to all documentation submitted by Tenderers for this contract, and to

129


which in turn all Tenderers and other parties involved or affected by the project shall have full access

(provided, however, that no proprietary information concerning a Tenderer may be disclosed to

another Tenderer or to the public).

130


ANTI-CORRUPTION DECLARATION PLEDGE

(Sections39, 40,41,42,43 & of the PPD Act, 2005)

I/We/Messrs…………………………………………………………………………….

of Street, Building, P O Box……………………………………………………………

…………………………………………………………………………………………..

Contact/Phone/E mail…………………………………………………………………..

declare that Public Procurement is based on a free and fair competitive Tendering process which should not be

open to abuse.

I/We ..…………………………………………………………………………………..

declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any public

officer, their relations or business associates, in connection with

Tender/Tender No ………………………..……………………………………………….

for or in the subsequent performance of the contract if I/We am/are successful.

Authorized Signature................................................................................................

Name and Title of Signatory……………………………………………………………

131


APPLICATION TO PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION

NO…………….OF……….….20……...BETWEEN…………………………………….APPLICANT

AND…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of

……………dated the…day of ………….20……….in the matter of Tender No………..…of

…………..20…. ……

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax

No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board

to review the whole/part of the above mentioned decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

Etc.

SIGNED …………………………………………………………………. (Applicant)

Dated on……………..…….day of ……………/………………..20………………..

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ……………………… day of

……………....20….……….……

SIGNED______________________________________________________

_____________________________________________________________

Board Secretary

132


ANNEX B: FORM OF DISPUTE ADJUDICATION AGREEMENT

[for each member of a three-person DAB]

Name and details of Contract

Name and address of Employer

Name and address of Contractor

Name and address of Member

Whereas the Employer and the Contractor have entered into the Contract and desire jointly to appoint the

Member to act as one of the three persons who are jointly called the "DAB" [and desire the Member to act as

chairman of the DAB] to adjudicate a dispute which has arisen in relation to *

The Employer, Contractor and Member jointly agree as follows:

1. The conditions of this Dispute Adjudication Agreement comprise the "General Conditions of Dispute

Adjudication Agreement", which is appended to the General Conditions of Contract. In these

provisions, which include amendments and additions to the General Conditions of Dispute Adjudication

Agreement, words and expressions shall have the same meanings as are assigned to them in the General

Conditions of Dispute Adjudication Agreement.

2. [Details of amendments to the General Conditions of Dispute Adjudication Agreement, if any.]

3. In accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the

Member shall be paid a daily fee of……….. per day.

4. In consideration of these fees and other payments to be made by the Employer and the Contractor in

accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the Member

undertakes to serve, as described in this Dispute Adjudication Agreement, as one of the three persons

who are jointly to act as the DAB.

5. The Employer and the Contractor jointly and severally undertake to pay the Member, inconsideration of

the carrying out of these services, in accordance with Clause 6 of the General Conditions of Dispute

Adjudication Agreement.

SIGNED by:

For and on behalf of the Employer in the presence of

Witness:

Name:

Address:

Date:

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SIGNED by:

For and on behalf of the Contractor in the presence of

Witness:

Name:

Address:

Date:

SIGNED by:

The Member in the presence of

Witness:

Name:

Address:

Date: