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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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
Kenya Electricity Generating Company PLC
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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: -
Supply Chain Director
Kenya Electricity Generating Company PLC
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
20.2 Tenders shall be addressed and submitted to:
Company Secretary & Legal Affairs Director
Kenya Electricity Generating Company PLC
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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)
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
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,
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers
P.O. Box 58583-00200,
NAIROBI, Kenya.
Tel: +254 (0) 20 3244000
Email: [email protected]
Website: www.ppoa.go.ke
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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)
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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,
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
[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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
―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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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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
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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
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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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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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.
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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:-
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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 )
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
SECTION X: STANDARD FORMS
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
TENDER FOR SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF HDPE PIPES
FOR BRINE DISPOSAL FROM WELL HEADS FOR GEOTHERMAL DEVELOPMENT DIVISION
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
FORM OF TENDER
TO:
Supply Chain Director
Kenya Electricity Generating Company PLC
Stima Plaza, Parklands
P.O. Box 47936-00100
Nairobi, Kenya
Date: -
TENDER FOR SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF HDPE PIPES
FOR BRINE DISPOSAL FROM WELL HEADS FOR GEOTHERMAL DEVELOPMENT DIVISION
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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 ;)
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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)
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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)
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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 ………………………………………………
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
Suppliers‘ / Company‘s Official Rubber Stamp
………………………………………………………
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)
address
Cell
phone
No.
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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.
Suppliers‘ / Company‘s Official Rubber Stamp
…………………………………………………………
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Date …………………………………………………..
Signature of Candidate ………………………………..
If a Kenya Citizen, indicate under ―Citizenship Details‖ whether by Birth, Naturalization or registration.
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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
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………………………………………………………………………………………………
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.
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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………………………
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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………...………
Position in the Firm…………………………………… Date………………………
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Programme of Works
Name of Applicant or partner of a joint venture
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.
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Drawings and Documentation to be Submitted with Tender
Name of Applicant or partner of a joint venture
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.
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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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)
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Name…………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Particular Experience Record of the Tenderer (Not applicable to AGPO firms)
Name of Applicant or partner of a joint venture
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.
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………………
Position in the Firm…………………………………… Date………………………
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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.
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm………………………… Date………………………
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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
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
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
(Fill and attach separate sheet for other applicable staff)
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Contractors and Suppliers Quality Assurance Details
Name of Applicant or partner of a joint venture
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
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Deviations from Specifications
Name of Applicant or partner of a joint venture
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
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Details of Subcontractors
(if any)
Name of Applicant or partner of a joint venture
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
This information is declared to be correct by (Tenderer‘s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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SECTION XI: SECURITY FORMS
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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)
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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.
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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)]
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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:
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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............................................................................................
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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
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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).
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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……………………………………………………………
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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
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Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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:
133
Tender for Supply, Installation, Testing and Commissioning of Hdpe Pipes for Brine Disposal from Well Heads for Geothermal Development Division
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: