NEW KENYA CO-OPERATIVE CREAMERIES LIMITED

REQUEST FOR PROPOSAL (RFP) FOR Design, Financing, Installation,

Commissioning & Operation of a Hybrid Solar Photovoltaic System in New KCC Sotik

plant

NEW KENYA CO-OPERATIVE CREAMERIES LIMITED

NKCC/RFP/083/2019-20

REQUEST FOR PROPOSAL (RFP) FOR DESIGN,

FINANCING, INSTALLATION, COMMISSIONING &

OPERATION OF A HYBRID SOLAR PHOTOVOLTAIC

SYSTEM IN NEW KCC SOTIK FACTORY

New Kenya Co-operative Creameries Ltd.

P.O. Box 30131-00100,

Creamery House, Dakar Road, Ind. Area

Nairobi, Kenya

June 4, 2020.

Request for Proposal for design, financing, installation, commissioning & operation of a hybrid solar

photovoltaic system in New KCC Sotik Factory

Page 2 of 43

SECTION I

LETTER OF INVITATION

Dear Sir,

New Kenya Cooperative Creameries Limited invites proposals for the provision of

design, financing, installation, commissioning & operation of a hybrid solar photovoltaic

system in New KCC Sotik Factory

The tenderer will be selected under Quality and Cost Based Selection method and the

procedures described in this RFP.

The tenderer shall attach a declaration in the proposal, that you are not debarred from

participating in procurement proceedings and that you will not engage in any corrupt

practice as per the attached declaration form.

The original and one copy of the proposal in plain sealed envelopes clearly marked on

top with the above RFP reference number shall be delivered to:

The Managing Director, New Kenya Co-operative Creameries Ltd.

P.O. Box 30131-00100, Creamery House, Dakar Road, Ind. Area Nairobi, Kenya

On or before 25th June 2020 at 10.00 a.m clearly marked “REQUEST FOR

PROPOSAL FOR DESIGN, FINANCING, INSTALLATION, COMMISSIONING

& OPERATION OF A HYBRID SOLAR PHOTOVOLTAIC SYSTEM IN NEW

KCC SOTIK FACTORY’’

The envelopes MUST be sealed.

Technical Proposals will be opened on 25th June 2020 at 10.00 a.m. in the presence of

the candidate’s representative if they choose to attend at New KCC Creamery House,

Dakar Road, Industrial Area. The Financial Proposals of the technically responsive bids

will be opened in the presence of the candidate’s representative if they choose to attend at

the same venue on a date to be communicated.

HEAD OF PROCUREMENT



Page 3 of 43

TENDER NOTICE.

Tenders are invited from interested and eligible firms/suppliers to submit sealed bids for

the following:

Tender number Description Bid Security

(Ksh)

Eligib

ility

Site visit Closing/

opening

Date

NKCC/RFP/083/20

19-2020

Design, Financing,

Installation,

Commissioning &

Operation of a

Hybrid Solar

Photovoltaic System

Not

Applicable

Open 15th to 16th

June 2020 at

10.00 am to

12.00 p.m

and from

14.00 p.m to

16.00 p.m

25th June

2020 at

10.00 a.m

NKCC/T/084/2019

-2020

Supply, Installation

& Commissioning

of Dairy Equipment

at the Proposed

Cooling Plant

1,500,000.00

Open 15th June

2020 at 10.00

am to 12.00

p.m and from

14.00 p.m to

16.00 p.m

25h June

2020 at

10.00 a.m

NKCC/T/085/2019

-2020

Supply, Installation,

Testing &

Commissioning of

internal plumbing,

drainage and

firefighting systems

for cooling plant

400,000.00

Open 16th June

2020 at 10.00

am to 12.00

p.m and from

14.00 p.m to

16.00 p.m

25th June

2020 at

10.00am

NKCC/T/086/2019

-2020


& Commissioning

of Electrical Works

for cooling plant 1,000,000.00

Open 17th June

2020 at 10.00

am to 12.00

p.m and from

14.00 p.m to

16.00 p.m

26th June

2020 at

10.00 am.

NKCC/T/087/2019

-2020


& Commissioning

of Refrigeration

System at the

Proposed Cooling

Plant

400,000.00

Open 18th June

2020 at 10.00

am to 12.00

p.m and from

14.00 p.m to

16.00 p.m

26th June

2020 at

10.00am

NKCC/T/088/2019

-2020


& Commissioning

of Compressed Air

Systems at the

Proposed Cooling

Plant

300,000.00

Open 19th June

2020 at 10.00

am to 12.00

p.m and from

14.00 p.m to

16.00 p.m

26th June

2020 at

10.00am



Page 4 of 43

NKCC/T/089/2019

-2020


& Commissioning

of Steam

generation/distributi

on s at the Proposed

Cooling Plant

450,000.00

Open 19th June

2020 at 10.00

am to 12.00

p.m and from

14.00 p.m to

16.00 p.m

26th June

2020 at

10.00 a.m

Complete tender/registration documents with detailed information may be obtained from the

office of Head of Procurement, New KCC Ltd, Dakar Road off Enterprise Road

between 9.00 a.m. and 4.00 p.m. upon payment of a non-refundable fee of Kshs. 1,000/-

(Kshs. One Thousand only) per tender document, paid in cash or Bankers Cheque.

Prospective bidders may also download the tender documents from

http://supplier.treasury.go.ke free of charge and New KCC Website (www.newkcc.co.ke).

Interested Bidders are required to send/e-mail their names and contact details to:

[email protected].

Bidders who are interested in site visit can collect their essential service passes from

Head of Procurement office, New KCC Ltd, Dakar Road off Enterprise Road between

9.00 a.m. and 4.00 p.m. for the specific date of visit.

Tenders must be accompanied by a Bid Security as specified above. The bid security should be

valid for 180 days from the tender closing/opening date and in form of either bank

guarantee, cash, Insurance Company Guarantee, a Letter of Credit, or Guarantee by a

Deposit taking Microfinance Institution, Sacco Society, the Youth Enterprise Development

Fund or the Women Enterprise Fund.

Completed tender documents in plain sealed envelope clearly marked with Tender

Number and Description should be addressed to:

The Managing Director

New KCC Ltd

P.O. Box 30131-00100

Nairobi

To be received not later than 10.00 a.m on the closing /opening date shown above.

MANAGING DIRECTOR



Page 5 of 43

SECTION II - INFORMATION TO TENDERERS

2.1 Introduction

2.1.1 New KCC will select a tenderer among those invited to submit proposals or those

who respond to the invitation for proposals in accordance with the method of

selection detailed under this section and consistent with the regulations.

2.1.2 The tenderers are invited to submit a technical proposal and a financial proposal

for firms required for the assignment stated in the letter of invitation (Section I)

2.1.3 In the assignment where the New KCC intends to apply standard conditions of

engagement and scales of payments for professional services, which scale of

payments will have been approved by a relevant authority, a technical proposal

only may be invited and submitted by the tenderers. In such a case the highest

ranked individual tenderer in the technical proposals shall be invited to negotiate a

contract on the basis of the set scale of payments. The technical proposals will be

the basis for contract negotiations and ultimately for a signed contract with the

selected individual tenderer.

2.1.4 The tenderers must familiarize themselves with local conditions as regards to the

assignment and take them into account in preparing their proposals. To obtain

adequate information on the assignment and on the local conditions, tenderers are

encouraged to liase with the procuring entity regarding any information that they

may require before submitting a proposal.

2.1.5 The client will provide the inputs and services specified in the special conditions

of contract needed to assist the tenderers to carry out the assignment.

2.1.6 The cost of preparing the proposal and negotiating the contract including any visit

to the procuring entity are not reimbursable as a direct cost of the assignment.

The procuring entity is not bound to accept any of the proposals submitted.

2.1.7 The procuring entity’s employees, committee members, board members and their

relative (spouse and children) are not eligible to participate in the tender.

2.2 Clarification and amendment to the RFP documents

2.2.1 Tenderers may request clarification of any of the RFP documents not later than

Seven (7) days before the deadline for the submission of the proposals. Any

request for clarification must be sent in writing by post, fax or email to the New

KCC address indicated in the special conditions of contract. New KCC will

respond by post, fax or email to such requests and will send written copies of the

response (including an explanation of the query but without identifying the source

of inquiry) to all tenderers invited to submit proposals.



Page 6 of 43

2.2.2 At any time before the deadline for submission of the proposals, the New KCC

may for any reason; either at its own initiative or in response to a clarification

requested by an intended tenderer amends the RFP. Any amendment shall be

issued in writing, fax or email to all invited tenderers and will be binding on them.

New KCC may at its discretion extend the deadline for the submission of the

proposals.

2.2.3 Clarification of tenders shall be requested by the tenderer to be received by New

KCC not later than 7 days prior to the deadline for submission of tenders.

2.2.4 New KCC shall reply to and clarifications sought by the tenderer within 3 days of

receiving the request to enable the tenderer to make timely submission of its

tender.

2.3 Preparation of proposals

2.3.1 The tenderer’s proposal shall be written in English language.

2.3.2 In preparing the Technical proposal, the tenderers are expected to examine the

documents constituting the RFP in detail. Material deficiencies in providing the

information requested may result in rejection of a proposal.

2.3.3 While preparing the Technical proposal, the tenderers must give particulars

attention to the following:

(a) If a tenderer considers that it does not have all the expertise required for the

assignment, it may suggest in the proposals other tenderers which will assist

in the assignment but they will not be party to the contract for the purpose of

the performance of the assignment. A tenderer will not propose other

tenderers invited to submit proposals for the assignment. Any tenderers in

contravention of this requirement shall automatically be disqualified.

(b) For all the staff who will be involved in the exercise of the proposals to

tenderer must indicate their responsibility in the assignment and also the staff

time as necessary. It is desirable that the majority of the key professional staff

proposed be permanent employees of the constituent firms forming the

tenderer or have an extended and stable working relationship with them.

(c) The curriculum vitae (CV) of the key staff proposed must be submitted with

the proposal.

2.3.4 The Technical proposal shall provide the following information;

(a) A brief description of the tenderer and an outline of recent experience on

assignments of a similar nature. For each assignment the outline should

indicate inter alia, the profiles of the staff used in the assignment, duration of

the assignment, contract amount and the tenderer/firm’s involvement.

(b) Any comments or suggestions on the Terms of Reference and a list of service

and facilities requested to be provided by New KCC.



Page 7 of 43

(c) A description of the methodology and work plan for performing the proposed

assignment.

(d) The list of the proposed staff team by specialty, the tasks that would be

assigned to each staff team member and their timing.

(e) CVs recently signed by the proposed professional staff and the authorized

representative submitting the proposal. Key information should include

number of years working for the firm/entity and degree of responsibility held

in various assignments during the last Ten (10) years for Principle staff and 5

years for assisting staff.

(f) Estimates of the total staff input (professional and support staff staff-time)

needed to carry out the assignment supported by bar chart diagrams showing

the time proposed for each professional staff team member.

(g) Any additional information requested in the Terms of Reference.

2.3.5 The Technical proposal shall be separate from the financial proposal and shall not

include any financial information.

2.4 Financial proposal

2.4.1 The financial proposal will be quoted in payments per kWh as well as any other

cost.

2.4.2 The Financial proposal should include the payable taxes.

2.4.3 The payments shall be expressed in Kenya Shillings.

2.4.4 The Financial proposal must remain valid for 180 days after the submission date.

During this period the individual tenderer is expected to keep available at his own

cost any staff proposed for the assignment. The procuring entity will make best

efforts to complete negotiations within this period. If the procuring entity wishes

to extend the validity period of the proposals, the tenderers who do not agree,

have the right not to extend the validity of their proposals.

2.4.5 The financial proposal must comply with the law governing the profession of the

tenderer.

2.5 Submission, Receipt and opening of proposals

2.5.1 The technical proposal and the financial proposal (if required) shall be prepared in

indelible ink. It shall contain no interlineations or overwriting, except as necessary

to correct errors made by the individual tenderers. Any such corrections must be

initialed by the individual tenderer.

2.5.2 For each proposal the tenderers shall prepare the proposals in the number of

copies indicated in the special conditions of contract. Each Technical proposal

and financial proposal shall be marked “ORIGINAL” or “COPY” as appropriate.



Page 8 of 43

If there are any discrepancies between the original and the copies of the proposal,

the original shall govern.

2.5.3 The original and all copies of the Technical proposal shall be placed in a sealed

envelope clearly marked “TECHNICAL PROPOSAL FOR DESIGN,

FINANCING, INSTALLATION, COMMISSIONING & OPERATION OF

A HYBRID SOLAR PHOTOVOLTAIC SYSTEM IN NEW KCC SOTIK

FACTORY’’, and the original and all copies of the financial proposal in a sealed

envelope duly marked “FINANCIAL PROPOSAL FOR DESIGN,

FINANCING, INSTALLATION, COMMISSIONING & OPERATION OF

A HYBRID SOLAR PHOTOVOLTAIC SYSTEM IN NEW KCC SOTIK

FACTORY’’. Both envelopes shall be placed in an outer envelope and sealed.

This outer envelope shall bear the New KCC address and other information

indicated in the appendix to the instructions to tenderers and clearly marked “DO

NOT OPEN BEFORE 25th June 2020 at 10.00 a.m.

2.5.4 The completed Technical and Financial proposals must be delivered at the

submission address on or before the time and date of the submission of the

proposals indicated in the appendix to the instructions to tenderers. Any

proposals received later than the closing date for submission of proposals shall be

rejected and returned to the tenderers unopened. For this purpose, the inner

envelopes containing the technical and financial proposals will bear the address of

the tenderers submitting the proposals.

2.5.5 After the deadline for submission of proposals the outer envelope and the

technical proposals shall be opened immediately by the opening committee. The

financial proposals shall be marked with the tenderers number allocated at the

time of opening the outer envelope and the technical proposals but shall remain

sealed and in the custody of a responsible officer of New KCC up to the time set

for opening them.

2.6 Evaluation of the Proposal (General)

2.6.1 From the time the proposals are opened to the time of the contract award, if any

tenderer wishes to contact the New KCC on any matter relating to its proposal, it

should do so in writing at the address indicated in the appendix to the instructions

to tenderers. Any effort by a tenderer to influence the New KCC staff in the

evaluation of proposals companion proposals or awards of contract may result in

the rejection of the tenderer’s proposal.

2.6.2 The proposal evaluation committee shall have no access to the Financial Proposal,

which in any case will remain sealed, until the technical evaluation is concluded

or finalized.



Page 9 of 43

2.7 Evaluation of Technical Proposals

2.7.1 The evaluation committee appointed by the New KCC to evaluate the proposals

shall carry out the evaluation of technical proposals following the criteria set out

in the terms of reference based on the following points criteria.

2.7.2 Detailed Evaluation Criteria

A. Preliminary Evaluation Criteria:

• Valid Business Licence,2020 (local bidders)

• A CR12 Certificate by the Registrar of Companies in Kenya

• Dully filled Confidential Business Questionnaire

• A signed statement declaring that the bidder will not engage in corrupt practices

with regard to this tender

• A signed statement declaring that the bidder is not debarred from participating in

public procurement

• Copy of Registration Certificate/Incorporation (or equivalent for international

bidders)

• Valid TAX Compliance Certificate (local bidders only)

• Valid EPRA Class C1 license, Class V2 license and Class T3 license.

• Submission of an original and one copy of both technical & financial proposals.

• Submission of the technical proposal submission form enclosed with the original

technical proposal.

• Submission of the financial proposal submission form enclosed with the original

financial proposal.

• Sequential pagination of all pages of the bid documents (technical and financial),

i.e. from the beginning to the end of each bid document.

• Site visit certificate signed by New KCC authorized representative.

• Site visit date 15th to 16th June 2020 at 10.00 am to 12.00 p.m. and from 14.00

p.m. to 16.00 p.m.

NB: Failure to comply with any one of the preliminary evaluation criteria shall

lead to outright disqualification. Only those that meet all the preliminary

requirements shall proceed to the Technical Evaluation stage.



Page 10 of 43

B. Technical Evaluation Criteria

NO. CRITERIA POINTS

i. Experience of the Tenderer in similar Works or services. Confirmation and

verification of evidence of similar services having been fully completed for

5 clients in the last 5 years in large solar system (300KVA minimum) of

which 2 must be of hybrid type power projects. This shall be evidenced by

award documents (purchase orders, contracts or completion certificates).

6 marks per award document per client.

30

ii. - Detailed description of proposed power plant describing operating

principles, single line diagram and schematic of plant layout. (10)

This will include proposed solar module mounting location and

space requirements, inverter location, DC & AC cable routing and

power tie-in point. The bidder must indicate suitability of selected

roofs to carry the weight of the solar modules or the ground

suitability for the module, 10 points.

- The solar plant should be capable of operating in parallel to the grid

or diesel generator, 5 points.

- Operation and maintenance plan to ensure minimal plant

downtime, 5 points.

- Demonstrable renewable energy fraction computed through

industry leading software such as PVSyst or Homer, or equivalent

10 points.

Marks shall be awarded based on accuracy and relevance of the description.

40

iii. Demonstrate financial capability to fund the project either through latest

audited accounts not older than 2018 which shows capacity to avail capital

requirements of up to KES 100 million,

OR

a letter of undertaking from a reputable financing entity, 20 points

Evidence of prior financing arrangements for successfully funded projects

in the last five years, 10 points

30

TOTAL 100

Note: The pass mark shall be 70%. The formulae and procedures below shall apply to

bidders who qualify by the pass mark.

2.7.3 Any proposal which will be examined and found not to comply with all the

requirements for submission of the proposals will be declared non responsive. All

the proposals found to have complied with all the requirements for submission of

proposal shall be declared responsive by the evaluation committee



Page 11 of 43

2.7.4 Each responsive proposal will be given a technical score (ST). Any technical

proposal which fails to achieve the total minimum score indicated in the

evaluation criteria shall be rejected at this stage and will not proceed to the next

stage of evaluation. The respective financial proposal will be returned to the

individual tenderer unopened.

2.8 Opening and Evaluation of Financial Proposals

2.8.1 After completion of the evaluation of Technical proposals the procuring entity

shall notify the individual tenderers whose proposal did not meet the minimum

technical score or were declared non responsive to the RFP and terms of

reference. The notification will indicate that their financial proposals shall not be

opened and will be returned to them unopened after the completion of the

selection process and contract award. At the same time, New KCC shall

simultaneously notify the tenderers who have secured the minimum technical

score that they have passed the technical qualifications and inform them the date

and time set by the procuring entity for opening their financial proposal. They

will also be invited to attend the opening ceremony if they wish to do so.

2.8.2 The financial proposals shall be opened by the procuring entity in the presence of

the tenderers who choose to attend the opening. The name of the tenderer, the

technical score and the proposed payments shall be read out aloud and recorded.

The evaluation committee shall prepare minutes of the opening of the financial

proposals.

2.8.3 NB: THE TENDER SHOULD BE AWARDED TO THE BIDDER WHO

SHALL SELL POWER AT THE LOWEST PRICE AND MEETS ALL THE

TECHNICAL REQUIREMENTS (PASS MARK)

2.9 Negotiations

2.9.1 Negotiations will be held at the same address indicated in the appendix to the

information to tenderers. The purpose of the negotiations is for New KCC and

the tenderers to reach agreements on all points regarding the assignment and sign

a contract.

2.9.2 The negotiations will include a discussion on the technical proposals, the

proposed methodology and work plan, staff and any suggestions made by the

tenderer to improve the Terms of Reference. The agreed work plan and Terms of

Reference will be incorporated in the description of the service or assignment and

form part of the contract.



Page 12 of 43

2.9.3 The negotiations will be concluded with a review of the draft contract. If

negotiations fail, New KCC will invite the tenderer whose proposal achieved the

second highest score to negotiate a contract.

2.10 Award of Contract

2.10.1 The contract will be awarded before commencement of negotiations. After

negotiations are completed New KCC will promptly notify the other tenderers

that they were unsuccessful and return the financial proposals of the tenderers

which did not pass technical evaluation.

2.10.2 The selected tenderer is expected to commence the assignment on the date

indicated in the appendix to the information to tenderers or any other date agreed

with New KCC.

2.11 Confidentiality

2.11.1 Information relating to evaluation of proposals and recommendations of contract

award shall not be disclosed to the tenderers who submitted the proposal or to

other persons not officially concerned with the process, until the winning tenderer

has been notified that it has been awarded the contract.

Appendix to Information to Tenderers

The following information for procurement of consultancy services and selection of

tenderers shall complement or amend the provisions of the information to tenderers,

wherever there is a conflict between the provisions of the information and to tenderers

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

over those of the information to tenderers.

Clause Reference

2.1 The name of the Client is: New Kenya Co-operative Creameries Ltd

2.1.1 The method of selection is: Quality and Cost Based Selection method

2.1.2 Technical and Financial Proposals are requested: Yes

The name, objectives, and description of the assignment are:

Selection of a tenderers for the design, financing, installation, commissioning

& operation of a hybrid solar photovoltaic system in New KCC Sotik

factory

2.1.3 A pre-proposal conference will be held: No



Page 13 of 43

The name(s), address (es) and telephone numbers of the Client’s official(s) are:

The Managing Director


P.O. Box 30131-00100,

Nairobi, Kenya

Tel: 254 20 3980 200

Email: [email protected]

2.1.4 The Client will provide the following inputs: technical staff to provide relevant

information to the tenderers on need basis.

2.1.5 (ii) The estimated number of professional staff months Required for the

assignment is: N/A

(iv) The minimum required experience of proposed professional staff is:

As per evaluation Technical Staff Requirements under SECTION III

2.1.6 (vii) Training is a specific component of this assignment: Yes

(viii) Additional information in the Technical Proposal includes: N/A.

2.1.7 This RFP document is free of charge.

2.4.2.1 Taxes

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. The Contract Price shall include all applicable taxes and

shall not be adjusted for any of these taxes.

ii). The Contractor shall be deemed to be familiar with the tax laws in the



Page 14 of 43

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.

iii.) 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.

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 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.

d) Tax Indemnity

i). 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.

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 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.



Page 15 of 43

2.5.2 Tenderers must submit one original and one copy to New KCC bound in a

standard way. The tenderer will also submit soft copies in a CDROM, a flash disk

or any other soft format.

2.5.3 The proposal submission address is:

The Managing Director,


P.O. Box 30131-00100,

Nairobi, Kenya

Information on the outer envelope should also include the tender description and

number.

2.5.4 Proposals must be submitted no later than the following date and time: 25th June

2020 at 10.00 a.m.

2.6.1 The address to send information to the Client is:

The Managing Director,


P.O. Box 30131-00100,

Nairobi, Kenya

2.8.7.1 A variation request must be approved by the Employer

2.9.2 The assignment is expected to commence immediately after signing of the contract



Page 16 of 43

SECTION III

TERMS OF REFERENCE (TOR) FOR DESIGN, FINANCING, INSTALLATION,

COMMISSIONING & OPERATION OF A HYBRID SOLAR PHOTOVOLTAIC

SYSTEM IN NEW KCC SOTIK FACTORY

BACKGROUND

General

New Kenya Co-operative Creameries Limited Sotik Factory is a milk processing plant

with installed handling capacity of 250,000 litres per day. The site is fed by a 500kVA

dedicated transformer and billed under the CI1 category. Average consumption from the

grid was 1,428,016 kWh in 2017 and 945,206 kWh in 2018. This translated to KES

27,809,511 and KES 21,081,245 respectively. Updated operations and energy

consumption data will be provided during the site visit. Sotik is one of New KCC UHT

factories with 25% revenue contribution meaning that it has to operate efficiently for the

organization to be sustainable.

Solar Photovoltaic power switch at Sotik can take up to 40% of the power bill cost used

during the day. Under the current set up, Sotik factory uses 69 % imported power from

KPLC and 31% is generated internally using stand by 500 KVA generator.

The facility has roof and ground space available for consideration to mount the solar

modules. Bidders are required to verify dimensions and suitability during site visit.



Page 17 of 43

CLIENT will require the Tenderer to render all technical support services which may be

deemed relevant to the above work. The detailed description of the work to be performed

is described in these Terms of Reference (TOR).

Selection Criteria

The Tenderer selected to undertake the work shall have had extensive experience in the

Design, installation, commissioning, maintenance and lease of solar PV power which will

be adequate for the proposed assignment.

Project Description/Project Location

The site of the proposed project is New KCC Sotik Factory in Sotik town.

OBJECTIVES

Contractor/supplier shall provide a total turnkey project including all necessary

equipment, materials, design, manufacturing, and installation services for the installation

of a Rooftop Hybrid/ground mounted Solar PV Power Plant with optional storage.

Contractors will be required to carry out individual analysis of the client’s consumption

and load demand profile, and from this, propose the most optimum system size.

The employer will review the proposed project financing and ownership structure. The

contractor/supplier should prepare a system summary detailing each section, applicable

equipment/size, and predicted system energy production (kWh). The project shall meet

all requirements of this statement of work and other specifications included that apply.

The overall objective of the project is to reduce the overall cost of electricity, stabilize

power supply and switch to environmentally clean energy. This should be lower than

prevailing KPLC rates at any given time.

SCOPE OF SERVICES

The client intents to enter into financing arrangement with a successful bidder where the

vendor will design, finance, install and operate the system while the client pays for the

energy produced.

The Assignment is expected to cover the following items within condensed timelines to

be proposed by the Tenderer. The Tenderer is required to provide the condensed program

in the relevant part of the proposal, clearly indicating the activities, the start date and the

period each activity will take to complete.

The contractor/supplier shall perform all professional services as necessary to provide

NKCC with a complete design package, including the requirements outlined in this

statement of work. The contractor shall install the project such that it is operational and

compliant with all applicable standards, building codes, KPLC interconnection

requirements, and EPRA requirements. The contractor shall include specifications,

calculations, and drawings in the design package and submit it to the employer for review



Page 18 of 43

and approval. After approval of the final design package, the contractor/supplier shall

provide all necessary construction services to successfully implement the Solar PV Power

Plant and system installation. The tenderer shall in the end lease to the client metered

electricity from the Solar PV installation.

Location and Extent of Contract

The site of the proposed factory is New KCC Sotik Factory.

Specific activities

The responsibilities delegated to the Tenderer will call for the services listed below,

without, however, being necessarily and strictly restricted to the items identified:

Contractor’s Activities

• Conceptual Design Drawings

• Construction documents and engineering calculations that are signed and

sealed by a licensed surveyor or professional engineer in the appropriate

discipline of the subject design drawings (ie geotechnical, electrical, structural)

• Submittals for materials and products

• Construction materials, equipment, and labour

• Design and construction supervision/contract management

• A quality control plan (QCP)

• A safety plan

• Inspections and tests (per QCP)

• Manuals (e.g., design calculations, operation/maintenance, a shop drawing,

etc.)

• Commissioning of the project

• Mentoring and training of NKCC staff for operation and maintenance

• Operation and maintenance during the lifetime of the PPA agreement and a

service plan for the lifetime of the project

• A web-based performance and status monitoring system for the Solar PV Plant

for a period 25 years

• Establish the optimal project financing model.

Client’s Activities

• Provide information and facilitate site visits per the contractor’s request

• Review for approval design submittals and QCP

• Witness inspections to verify attainment of performance requirements.

• Facilitate project permits with appropriate authorities as necessary.

DETAILED DESCRIPTION OF THE SERVICES

CONCEPT DRAWINGS



Page 19 of 43

Concept Drawings

The contractor/Supplier shall provide the employer with conceptual design drawings with

the proposal. The conceptual design drawings must indicate the proposed location of the

PV array(s) and access points along with a single-line electrical diagram showing inverters,

transformers, meters, and interconnection locations.

Conceptual Design Information

The proposal shall include major equipment information, proposed

installation/interconnection information and performance characteristics of the system. The

proposal shall identify an appropriate location for the solar PV inverter equipment and its

related components and environmental control systems that will meet the following criteria:

• Ease of maintenance and monitoring

• Efficient operation

• Low operating losses

• Secured location and hardware

• Compatibility with existing facilities

• All products shall comply with the technical requirements in this document.

• At a minimum, the proposed concept information shall include:

Equipment Information

• System description

• Layout of installation

• Selection of key equipment and layout of equipment

• Performance of equipment components and subsystems

• Specifications for equipment procurement and installation

• All engineering associated with structural and mounting details

• Controls, monitors, and instrumentation

• Operation and maintenance service plan

Installation Interconnection Information

• Solar electric array orientation/ azimuth (degrees)

• Solar electric module tilt (degrees)

• Electrical grid interconnection requirements

• Integration of solar PV system with other power sources

• System type and mode of operation

Performance Characteristics

• Shading calculation documentation

• Total system output (kWh/year)

• Estimated kWh/month per array (shown over a 12-month period)

• Warranties and guarantees



Page 20 of 43

Interconnection Agreement

Provide confirmation that the PV systems will be designed to comply with

applicable KPLC and EPRA interconnection requirements

Cost

A Financial proposal of the PPA price and terms

DESIGN SERVICES

The solar PV system shall be designed and engineered to maximize the solar energy

resources, taking into consideration the electrical demand and load patterns, proposed

installation sites, available solar resources, existing site conditions, proposed future site

improvements, and other relevant factors.

Design services for this project shall require a schematic design submission, a design

development submission, a check set submission, and a construction document submission.

A final set of as-built drawings shall also be provided to NKCC. These submissions shall

be delivered based on the project schedule submitted and approved by NKCC. The design

package shall include the following details:

Timeline/Project Schedule. The Contractor/Supplier shall provide an estimate of the

project timeline and schedule.

Post-award Conference. The contractor shall hold a post-award conference within 14

calendar days after receipt of the contract award. The meeting will be attended by NKCC

team members and the contractor’s/Supplier’s personnel. At a minimum, the prime

contractor’s project manager and foreman, the primary designer, and a representative of

any subcontractor performing over 25% of the work shall attend. The meeting shall

include a site walk of the project location. The purpose of the meeting will be to discuss

the contractor’s plan for completing the design and construction, including a construction

schedule.

Specifications. A full set of specifications shall be required for this project.

Specifications that express all information and demonstrate sufficient detail so as to direct

the construction work outlined in this statement of work shall be required. The

specifications package shall be coherent enough that any contractor not familiar with the

project would be able to construct the project design. The specifications shall include all

equipment information, proposed installation and interconnection information, and

performance characteristics of the system.

The contract shall take into account a construction plan producing a minimum disruption

of day-to-day activities, utilities, services, etc.

Construction Drawings

Provide drawings for each discipline required (architectural, structural, electrical, etc.),

with separate plans for new work and demolition as well as special types of drawings

where necessary, such as enlarged plans, equipment curbing and flashing details, etc.

Drawings shall clearly distinguish between new and existing work.

Each drawing shall indicate project title, project number, array identification and

location, architect/engineer (A/E) firm, A/E’s address and/or phone number, contract



Page 21 of 43

number, drawing title, drawing type, drawing number, and key plan. A cover sheet shall

be provided and shall include a list of the drawings, legend, vicinity map, and location

map in addition to all items required for each drawing. Each A/E submission shall be

clearly dated and labelled. Each drawing sheet submitted shall include a graphic scale in

the lower right-hand portion of the sheet. The final set shall be stamped by a licensed

engineer as per EPRA regulations.

At a minimum, the following drawings are required:

• Site plan including utility locations and connections – showing staging and

phasing requirements

• Electrical plans – including single line diagram and utility interconnection

• Electrical details

• System Layout – showing the full layout of the system and detailing any obstacles

that must be permanently or temporarily removed or relocated

• Array support and mounting details

• Any drawings that may be required to install a complete project

The contract documents shall sufficiently define the statement of work and shall stand on

their own.

Specifically address the means to keep the existing building accessible and operational by

means of relocation and/or phasing.

Calculations. The contractor will provide the following calculations:

System Electrical Calculations. Provide with design development and again with 100%

check set.

• PV Watts calculation

• System energy production calculation showing estimated monthly and yearly

energy output for each array

• Energy value and project cash flow

• Electrical drawings for the entire project

Solar PV Plant performance calculated by a detailed PV analysis program using industry-

recognized PV design software tools using proposed specific PV modules and inverters.



Page 22 of 43

SECTION IV

CONTRACT FOR TENDERER’S SERVICES

Between

_______________________

[Name of the Client]

AND

___________________________

[Name of the Tenderer]



Page 23 of 43

Dated: _________________[date]



Page 24 of 43

FORM OF CONTRACT

This Agreement (hereinafter called the “Contract”) is made the ________)day of the month of

_______________[month], [year], between ___________________________________, [name

of client] of [or whose registered office is situated at

]_________________________________________[location of office] (hereinafter called the

“Client”) of the one part AND

____________________________________________[name of tenderer] of [or whose registered

office is situated at]

________________________________________________________[location of

office](hereinafter called the “Tenderer”) of the other part.

WHEREAS

(a) the Client has requested the Tenderer to provide certain firmsas defined in the

General Conditions of Contract attached to this Contract (hereinafter called the

“Services”);

(b) the Tenderer, having represented to the Client that he has the required

professional skills and personnel and technical resources, have agreed to provide

the Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the Parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this

Contract:

(a) The General Conditions of Contract;

(b) The Special Conditions of Contract;

(c) The following Appendices: [Note: If any of these Appendices are not used, they

should be deleted from the list]

Appendix A: Letter of Award and Acceptance

Appendix B: Terms of Reference

Appendix C: Comments on Terms of Reference

Appendix D: Description of the Methodology and

Work plan for performing the assignment.

Appendix E: Time schedule for professional Personnel

Appendix F: Team Composition and Task assignments

Appendix G: Curriculum Vitae (CV) for proposed

professional staff

Appendix H: Activity (Workplan) Schedule

Appendix I: Breakdown of Contract price in Kshs

Appendix J: Other submissions

➢ Technical proposal submission form

➢ Firm’s References

➢ Financial proposal submission form N/A

Appendix K: The request for proposals



Page 25 of 43

2. The mutual rights and obligations of the Client and the Tenderers shall be as set forth in

the Contract; in particular:

(a) The Tenderer shall carry out the Services in accordance with the provisions of

the Contract; and

(b) the Client shall make payments to the Tenderer in accordance with the provisions

of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

For and on behalf of___________________________________________[name of client]

[full name of Client’s

authorisedrepresentative_____________________________________________

[title]________________________________________________

[signature]___________________________________________

[date]________________________________________________

For and on behalf of ______________________________________ [name of tenderer]

[full name of Tenderer’s

authorized representative]___________________________________

[title]______________________________________________

[signature]_________________________________________

[date]_______________________________________________



Page 26 of 43

GENERAL CONDITIONS OF CONTRACT

1.0 GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the

following terms whenever used in this Contract

shall have the following meanings:

(a) “Applicable Law” means the laws and any other

instruments having the force of law in the Republic of

Kenya as they may be issued and in force from time to

time;

(b) “Contract” means the Contract signed by the Parties, to

which these General Conditions of Contract (GC) are

attached together with all the documents listed in Clause

1 of such signed Contract;

(c) “Contract Price” means the price to be paid for the

performance of the Services in accordance with Clause 6

here below;

(d) “Foreign Currency” means any currency other than the

Kenya Shilling;

(e) “GC” means these General Conditions of Contract;

(f) “Government” means the Government of the Republic

of Kenya;

(g) “Local Currency” means the Kenya Shilling;

(h) “Member”, in case the Tenderer consists of a joint

venture of more than one entity, means any of these

entities; “Members” means all these entities, and

“Member in Charge” means the entity specified in the

SC to act on their behalf in exercising all the Tenderer’s

rights and obligations towards the Client under this

Contract;

(i) “Party” means the Client or the Tenderer, as the case

may be and “Parties” means both of them;

(j) “Personnel” means persons hired by the Tenderer or by

any Subtenderer as employees and assigned to the

performance of the Services or any part thereof;

(k) “SC” means the Special Conditions of Contract by

which the GC may be amended or supplemented;



Page 27 of 43

(l) “Services” means the work to be performed by the

Tenderer pursuant to this Contract, as described in

Appendix A; and

(m) “Subtenderer” means any entity to which the Tenderer

subcontracts any part of the Services in accordance with

the provisions of Clauses 3 and 4.

1.2 Law Governing This Contract, its meaning and interpretation

the Contract and the relationship between the Parties shall be governed by the

Laws of Kenya.

1.3 Language This Contract has been executed in English language which shall

be the binding and controlling language for all matters relating to

the meaning or interpretation of this Contract.

1.4 Notices Any notice, request, or consent made pursuant to this Contract

shall be in writing and shall be deemed to have been made when

delivered in person to an authorized representative of the Party to

whom the communication is addressed or when sent by

registered mail, telex, telegram or facsimile to such Party at the

address specified in the SC.

1.5 Location The Services shall be performed at such locations as are

specified in Appendix A and, where the location of a particular

task is not so specified, at such locations, whether in the

Republic of Kenya or elsewhere, as the Client may approve.

1.6 Authorized Any action required or permitted to be taken and

Representatives any document required or permitted to be executed under this

Contract by the Client or the Tenderer may be taken or executed

by the officials specified in the SC.

1.7 Taxes and The Tenderer, Subtenderer[s] and their

Duties personnel shall pay such taxes, duties, payments and other

impositions as may be levied under the Laws of Kenya, the

amount of which is deemed to have been included in the

Contract Price.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT

2.1 Effectiveness of This Contract shall come into effect on the date

Contract the Contract is signed by either Parties or such other later date as

may be stated in the SC.

2.2 Commencement The Tenderer shall begin carrying out the

of Services Services thirty (30) days after the date the Contract becomes

effective or at such other date as may be specified in the SC.



Page 28 of 43

2.3 Expiration of Unless terminated earlier pursuant to Clause

Contract 2.6, this Contract shall terminate at the end of

such time period, after the Effective Date, as is

specified in the SC.

2.4 Modification Modification of the terms and Conditions of this Contract,

including any modification of the scope of the Services or the

Contract Price, may only be made by written agreement between

the Parties.

2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, “Force

Majeure” means an event which is beyond the reasonable

control of a Party and which makes a Party’s performance of its

obligations under the Contract impossible or so impractical as to

be considered impossible under the circumstances.

2.5.2 No Breach The failure of a Party to fulfil any of its

of Contract obligations under theContract shall not be

considered to be a breach of, or default under,

this Contract insofar as such inability arises

from an event of Force Majeure, provided that

the Party affected by such an event (a) has taken

all reasonable precautions, due care and

reasonable alternative measures in order to

carry out the terms and conditions of this

Contract, and (b) has informed the other Party

as soon as possible about the occurrence of

such an event.

2.5.3 Extension Any period within which a Party shall, pursuant

Of Time to this Contract complete any action or task shall be extended for

a period equal to the time during which such Party was unable to

perform such action as a result of Force Majeure.

2.5.4 Payments During the period of his inability to perform the

Services as a result of an event of Force Majeure, the Tenderer

shall be entitled to continue to be paid under the terms of this

Contract, as well as to be reimbursed for additional costs

reasonably and necessarily incurred by him during such period

for the purposes of the Services and in reactivating the Service

after the end of such period.

2.6 Termination

2.6.1 By the The Client may terminate this Contract by not

Client less than thirty (30) days’ written notice of termination to the

Tenderer, to be given after the occurrence of any of the events

specified in this Clause;



Page 29 of 43

(a) if the Tenderer does not remedy a failure in the

performance of his obligations under the Contract within

thirty (30) days after being notified or within any further

period as the Client may have subsequently approved in

writing;

(b) if the Tenderer becomes insolvent or bankrupt;

(c) if, as a result of Force Majeure, the Tenderer is unable to

perform a material portion of the Services for a period of

not less than sixty (60) days; or

(d) if the Tenderer, in the judgement of the Client, has

engaged in corrupt or fraudulent practices in competing

for or in executing the Contract.

(e) For the purpose of this clause;

“corrupt practice” means the offering, giving, receiving

or soliciting of anything of value to influence the action

of a public official in the selection process or in Contract

execution.

“fraudulent practice” means a misrepresentation of facts

in order to influence a selection process or the execution

of Contract to the detriment of the Client, and includes

collusive practice among tenderers (prior to or after

submission of proposals) designed to establish prices at

artificial non-competitive levels and to deprive the

Client of the benefits of free and open competition.

(f) if the Client in his sole discretion decides to terminate

this Contract.

2.6.2 By the The Tenderer may terminate this Contract by

Tenderer not less than thirty (30) days’ written notice to the Client, such notice

to be given after the occurrence of any of the following

events;

(a) if the Client fails to pay any monies due to the Tenderer

pursuant to this Contract and not subject to dispute

pursuant to Clause 7 within sixty (60) days after

receiving written notice from the Tenderer that such

payment is overdue; or

(b) if, as a result of Force Majeure, the Tenderer is unable to

perform a material portion of the Services for a period of

not less than sixty (60) days.

2.6.3 Payment Upon termination of this Contract pursuant to

upon Clauses 2.6.1 or 2.6.2, the Client shall make

Termination the following payments to the Tenderer:



Page 30 of 43

(a) remuneration pursuant to Clause 6 for Services

satisfactorily performed prior to the effective date of

termination;

(b) except in the case of termination pursuant to paragraphs

(a) and (b) of Clause 2.6.1, reimbursement of any

reasonable costs incident to the prompt and orderly

termination of the Contract, including the cost of the

return travel of the Personnel and their eligible

dependents.



Page 31 of 43

OBLIGATIONS OF THE TENDERER

3.1 General The Tenderer shall perform the Services and carry

out his obligations with all due diligence, efficiency and economy in

accordance with generally accepted professional techniques and practices

and shall observe sound management practices, and employ appropriate

advanced technology and safe methods. The Tenderer shall always act,

in respect of any matter relating to this Contract or to the Services, as

faithful adviser to the Client and shall at all times support and safeguard

the Client’s legitimate interests in any dealing with third parties.

3.2 Conflict of Interests

3.2.1 Tenderer (i) The remuneration of the Tenderer

Not to pursuant to Clause 6 shall constitute the

Benefit from Tenderer’s sole remuneration in

Commissions, connection with this Contract or the

Discounts, Services and the Tenderer shall not

Etc. accept for his own benefit any trade

commission, discount or similar payment

in connection with activities pursuant to this Contract or

to the Services or in the discharge of his obligations

under the Contract and the Tenderer shall use his best

efforts to ensure that his personnel, any subtenderer[s]

and agents of either of them similarly shall not receive

any such additional remuneration.

(ii) For a period of two years after the expiration of this

Contract, the Tenderer shall not engage and shall cause

his personnel as well as his subtenderer[s] and his/their

personnel not to engage in the activity of a purchaser

(directly or indirectly) of the assets on which he advised

the Client on this Contract nor shall he engage in the

activity of an adviser (directly or indirectly) of potential

purchasers of such assets.

(iii) Where the Tenderer as part of the Services has the

responsibility of advising the Client on the procurement

of goods, works or services, the Tenderer will comply

with any applicable procurement guidelines and shall at

all times exercise such responsibility in the best interest

of the Client. Any discounts or commissions obtained

by the Tenderer in the exercise of such procurement

shall be for the account of the Client.

3.2.2 Tenderer The Tenderer agrees that, during the

and term of this Contract and after its

Affiliates termination, the Tenderer and his

Not to be affiliates, as well as any Subtenderer

Otherwise and any of his affiliates, shall be



Page 32 of 43

Interested in disqualified from providing goods, works

Project or services (other than the Services and any continuation

thereof) for any project resulting from or closely related

to the

Services.

3.2.3 Prohibition Neither the Tenderer nor his

of Conflicting subtenderer[s] nor their personnel shall

Activities engage, either directly or

indirectly in any of the following activities:

(a) during the term of this Contract, any business or

professional activities in the Republic of Kenya

which would conflict with the activities assigned

to them under this Contract; or

(b) after the termination of this Contract, such other

activities as

may be specified in the SC.

3.3 Confidentiality The Tenderer, his subtenderer[s] and the personnel of

either of them shall not, either during the term of this

Contract or within two (2) years after the expiration of

this Contract, disclose any proprietary or confidential

information relating to the Project, the Services, this

Contract or the Client’s business or operations without

the prior written consent of the Client.

3.4 Insurance to be The Tenderer (a) shall take out and

Taken Out by the maintain and shall cause any

Tenderer subtenderer[s] to take out and maintain, at his (or the

subtenderers’, as the case may be) own cost but on terms

and conditions approved by the Client, insurance against

the risks and for the coverage, as shall be specified in the

SC; and (b) at the Client’s request, shall provide

evidence to the Client showing that such insurance has

been taken out and maintained and that the current

premiums have been paid.

3.5 Tenderer’s The Tenderer shall obtain the Client’s

Actions Requiring prior approval in writing before taking

Client’s Prior any of the following actions;

Approval

a) entering into a subcontract for the performance of

any part of the Services,

b) appointing such members of the personnel not listed

by name in Appendix C (“Key Personnel and Sub

tenderers”).



Page 33 of 43

3.6 Reporting The Tenderers shall submit to the Client

Obligations the reports and documents specified in Appendix

A in the form, in the numbers, and within the

periods set forth in the said Appendix.

3.7 Documents All plans, drawings, specifications,

Prepared by the designs, reports and other documents and

Tenderer to software submitted by the

Be the Property Tenderer in accordance with Clause 3.6

of the Client shall become and remain the property of

the Client and Tenderer shall, not later than

upontermination or expiration of this Contract, deliver

all such documents and software to the Client together

with a detailed inventory thereof. The Tenderer may

retain a copy of such documents and software. Neither

Party shall use these documents for purposes unrelated

to this Contract without the prior approval of the other

Party.

3. TENDERER’S PERSONNEL

4.1 Description The titles, agreed job descriptions,

of Personnel minimum qualifications and estimated periods of

engagement in the carrying out of the Services of the

Tenderer’s Key Personnel are described in Appendix C.

The Key Personnel and Sub tenderers listed by title as

well as by name in Appendix C are hereby approved by

the Client.

4.2 Removal (a) Except as the Client may otherwise and/or

agree, no changes shall be made in

the Key Personnel. If for

Replacement any reason beyond the reasonable control

Of Personnel of the Tenderer, it becomes necessary to replace any of

the Key Personnel; the Tenderer shall provide as a

replacement a person of equivalent or better

qualifications.

(b) If the Client finds that any of the Personnel have

(i) committed serious misconduct or have been

charged with having committed a criminal

action, or

(ii) the Client has reasonable cause to be

dissatisfied with the performance of any of the

Personnel, then the Tenderer shall, at the

Client’s written request specifying the grounds

thereof, provide as a replacement a person with



Page 34 of 43

qualifications and experience acceptable to the

Client.

(c) The Tenderer shall have no claim for additional

costs arising out of or incidental to any removal

and/or replacement of Personnel.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and The Client shall use his best efforts to Exemptions

ensure that he provides the Tenderer

such assistance and exemptions as may be necessary for

due performance of this Contract.

5.2 Change in the If after the date of this Contract, there is

Applicable Law any change in the Laws of Kenya with respect to taxes

and duties which increases or decreases the cost of the

Services rendered by the Tenderer, then the

remuneration and reimbursable expenses otherwise

payable to the Tenderer under this Contract shall be

increased or decreased accordingly by agreement

between the Parties and corresponding adjustments shall

be made to the amounts referred to in Clause 6.2 (a) or

(b), as the case may be.

5.3 Services and Facilities The Client shall make available to the Tenderer the

Services and Facilities listed under Appendix E.

6. PAYMENTS TO THE TENDERER

6.1 Monthly The Tenderer’s total remuneration shall

Remuneration not exceed the payments calculated by from the agreed

statutory guidelines for the services. Except as provided

in Clause 5.2, the Contract Price may only be increased

above the amounts stated in Clause 6.2 if the Parties

have agreed to additional payments in accordance with

Clause 2.4.

6.2 Contract Price The price payable is set forth in the Special Conditions.

6.3 Payment for For the purposes of determining the

Additional

Services remuneration due for additional services

as may be agreed under Clause 2.4. A

breakdown of the Contract price is

provided in Appendices D. (N/A)

6.4 Terms and Payments will be made to the account of

Conditions of the Tenderer and according to the



Page 35 of 43

Payment payment schedule stated in the “Special Conditions of

Contract” or governed by the statutory rules governing

the various professions.

6.5 Interest on Payment shall be made within thirty (30)

Delayed days of receipt of invoice and the relevant

Payment documents specified in Clause 6.4. If the Client has

delayed payments beyond ninety (90) days after the due

date hereof, simple interest shall be paid to the Tenderer

for each day of delay at a rate three percentage points

above the prevailing Central Bank of Kenya’s average

rate for base lending.

7. SETTLEMENT OF DISPUTES

7.1 Amicable Settlement: The Parties shall use their best efforts to

settle amicably all disputes arising out of

or in connection with this Contract or its

interpretation.

7.2 Dispute Settlement: Any dispute between the Parties as to

matters arising pursuant to this Contract

that cannot be settled amicably within

thirty (30) days after receipt by one Party of

the other Party’s request for such amicable

settlement may 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.



Page 36 of 43

SPECIAL CONDITIONS OF CONTRACT

Number of GC Amendments of and Supplements to Clauses in the

Clause General Conditions of Contract

1.1(i) The Member in Chargeis__________________________ [name of

Member]

1.4 The addresses are:

Client: _____________________________________________

Attention:

_____________________________________________

Telephone: _____________________________________________

Telex;

_____________________________________________

Facsimile:

_____________________________________________

Tenderer:

_____________________________________________

Attention:

_____________________________________________

Telephone;

_____________________________________________

Telex:

_____________________________________________

Facsimile:

_____________________________________________

1.6 The Authorized Representatives are:

For the Client:

_____________________________________________

For the Tenderer

__________________________________________

2.1 The date on which this Contract shall come into effect

is (_________________) [date].

Note: The date may be specified by reference to conditions of

effectiveness of the Contract, such as receipt by Tenderers of advance

payment and by Client of bank guarantee

2.2 The date for the commencement of Services is________[date]

2.3 The period shall be ______________________ [length of time].

Note: Fill in the period, e.g., forty eight (48) months or such other

period as the Parties may agree in writing.



Page 37 of 43

3.4 The risks and coverage shall be:

(i) Professional Liability: Full amount of this contract excluding

taxes and contingency amount.

(ii) Loss of or damage to equipment and property:

Kshs 5,000,000

(iii) Third party Liability: Kshs 3,000,000

(iv) Employer’s Liability and workers compensation:

Kshs 2,000,000

6.2(a) The amount in local Currency is________N/A___________ [Insert

amount]

6.4 Payments shall be made on monthly basis. N/A

Payments in Kshs shall be made to the following Account

Account Number: ___________________

Account Name: ___________________

Bank: ________________________________

Address: ___________________________



Page 38 of 43

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) ………………..……….………..

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 New KCC

and any other public or private institutions.

Full Names

……………………………………………………………………………………………………………

Signature

………………………………………………………………………………………………………….

Dated this …………………………………….……………day of ……………………………2015.

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 ……………………………2015.

In the capacity of

………………………………………………………………………………………………………

Duly authorized to sign Tender for and on behalf of …………………………………………………



Page 39 of 43

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 ………………………………….2015.

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 ……………………………………….2019


………………………………………………………

Part 2 (h) – Interest in the Firm:

Is there any person/persons in New KCC or any other public institution who has interest in the Firm?

Yes/No ……………………….. (Delete as necessary) Institution ………………………….

……………………………………. ……………………………… ………………………

(Title) (Signature) (Date)

Part 2(i) - Declaration

I / We, the undersigned state and declare that the above information is correct and that I / We give New

KCC 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 ………………………………….2015.


…………………………………………………………



Page 40 of 43

CERTIFICATE OF TENDERER’S VISIT TO SITE

1. This is to certify that I ___________________________________________________

(Name of bidder or his Representative)

of____________________________________________ (Name of Firm of tendering)

in the company of________________________________________________ (Name

of New Kenya Co-operative Creameries Ltd Representative conducting the visit)

visited the site in connection with the Tender for: - “DESIGN, FINANCING,

INSTALLATION, COMMISSIONING & OPERATION OF A HYBRID

SOLAR PHOTOVOLTAIC SYSTEM IN NEW KCC SOTIK FACTORY”

2. Having previously studied the contract documents, I carefully examined the site.

3. I have made myself familiar with all the local conditions likely to influence the works

and the cost thereof.

4. I further certify that I am satisfied with the description of the work and the

explanations given by the said Representative and that I understand perfectly the

work to be done as specified and implied in the execution of the contract.

Signed by Tenderer

Name of Tenderer:

_________________________________________________________

Name of Representative:

____________________________________________________

Date: ________________________________________________________

Signed by New Kenya Co-operative Creameries Ltd (New KCC)

Name of New KCC’s Representative: ________________________________________

Date:_______________________________________________________



Page 41 of 43

FORM SD2

SELF DECLARATION FORMS (r 62)

REPUBLIC OF KENYA

PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT

ENGAGE IN ANY CORRUPT OR FRAUDULENT PRACTICE. I, …………………………………….of P. O. Box ………………………. being a

resident of

………………………………….. in the Republic of ------ do hereby make a statement as

follows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of

……….... ……………………………….. (insert name of the Company) who is a Bidder in respect of Tender No. ………………….. for ……………………..(insert tender title/description) for ……………………..( insert name of the Procuring entity) and duly authorized and competent to make this statement. 2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any corrupt or fraudulent practice and has not been requested to pay any inducement to any member of the Board, Management, Staff and/or employees

and/or agents of ……………………..( insert name of the Procuring entity) which is the procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any inducement to any member of the Board, Management, Staff and/or employees and/or agents of ……………………..(name of the procuring entity)

4. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive practice with other bidders participating in the subject tender

5. THAT what is deponed to hereinabove is true to the best of my knowledge information and belief.

………………………………. ………………………… ……………………… (Title) (Signature) (Date)

Bidder’s Official Stamp



Page 42 of 43

DECLARATION FORM

Date

To ______________________

_________________

The tenderer i.e. (name and address)

declare the following:

a) Has not been debarred from participating in public

procurement.

b) Has not been involved in and will not be involved in

corrupt and fraudulent practices regarding public

procurement.

_____

Title Signature Date



Page 43 of 43

FORM OF TENDER Date____________________________

Tender No._______________________

To: New Kenya co-operative Creameries Limited

P.O. Box 30131 – 00100 - Nairobi

Tel: 552965, 652415

For enquiries:Email:[email protected]/[email protected]

Gentlemen and/or Ladies:

Having examined the tender documents including Addenda Nos…………………, the receipt of which is hereby duly acknowledged, we the undersigned, offer to ……………………………………………………………………………………………. [description of services] 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.

We undertake, if our Tender is accepted, to provide the services in accordance with the

services schedule specified in the Schedule of Requirements.

If our Tender is accepted, we will obtain the tender guarantee in a sum equivalent to Ten

percent of the Contract Price for the due performance of the Contract, in the form

prescribed by New KCC.

We agree to abide by this Tender for a period of ……….. 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.

Until a formal Contract is prepared and executed, this Tender, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract

between us.

Dated this _________________ day of________________2011

................................................................

………………………………………………….

[signature] [in the capacity of]

Duly authorized to sign tender for and on behalf of

...................................................................