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TENDER NO. KP1/6D/PT/D/07/12 – SUPPLY, INSTALLATION AND COMMISIONING OF
ENCLOSED DIESEL GENERATORS AT ELWAK, MERTI AND BARAGOI POWER STATIONS
ALL TENDERERS ARE ADVISED TO READ CAREFULLY THIS TENDER DOCUMENT IN ITS ENTIRETY BEFORE MAKING ANY BID
OCTOBER 2012
Kenya Power Tender Document for Electromechanical Works – One Tender Opening System
THE KENYA POWER CENTRAL OFFICE, STIMA PLAZA,KOLOBOT ROAD, PARKLANDS,P.O. BOX 30099-00100,NAIROBI,KENYA.
Telephones: +254-020-3201000; 3644000 Pilot LinesTelephones: +254 -720-600070/1-5/; -733-755001/2-3 Cellular Facsimile: +254-20-3514485; 3750240Telegrams: “ELECTRIC”E-Mail: [email protected]: www.kplc.co.ke
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TABLE OF CONTENTS
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INTRODUCTION…………………………………………. ……… 3
SECTION I INVITATION FOR TENDERS……………………………………. 4
SECTION II TENDER SUMBISSION CHECK LIST…………………………… 6
SECTION III INSTRUCTIONS TO TENDERERS……………………………… . 8
SECTION IV APPENDIX TO INSTRUCTIONSTO TENDERERS………………. 29
SECTION V CONDITIONS OF CONTRACT, FOR ELECTRICAL ANDMECHANICAL WORKS (INCLUDING ERECTION ON SITE) … 30
SECTION VI SUMMARY OF EVALUATION PROCESS ………………………. 42
SECTION VII SPECIFICATIONS…………………………………………………… 50
SECTION VIII DRAWINGS………………………………………………………….. 67
SECTION IX BILLS OF QUANTITIES AND PRICE SCHEDULE……………….. 68
SECTION X STANDARD FORMS………………………………………………… 78
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INTRODUCTION
1.1 This standard tender document for procurement of works has been prepared for use by procuring entities in Kenya in the procurement of works (i.e Electrical and Mechanical Works – Including Erection on Site).
1.2 The following guidelines should be observed when using the document:
(a) Specific details should be furnished in the tender notice and in the special conditions of contract (where applicable). The tender document issued to tenderers should not have blank spaces or options.
(b) The instructions to tenderers and the General Conditions of Contract should remain unchanged. Any necessary amendments to these parts should be made through Appendix to instructions to tenderers and special conditions of contract respectively.
1.3 (a) Information contained in the invitation to tender shall conform to the data and information in the tender documents to enable prospective tenderers to decide whether or not to participate in the tender and shall indicate any important tender requirements.
(b) The invitation to tender shall be as an advertisement in accordance with the regulations or a letter of invitation addressed to tenderers who have been prequalified following a request for prequalification.
1.4 This document is based on PART 1 of the third Edition of the International Federation of Consulting Engineers (Federation Internationale des Ingenieurs Con Seils – FIDIC) Conditions of Contract for Electrical and Mechanical Works, 1987 (reprinted May 1988 with Editorial Amendments).
1.5 The cover of the tender document should be modified to include: i. Tender number.
ii. Tender name.iii. Name of procuring entity.iv. Delete name and address of PPOA
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SECTION I - INVITATION TO TENDER
The Kenya Power and Lighting Company Limited (KPLC) invites tenders from the following interested suppliers (Bidders) for the supply, Installation and Commissioning of the following items:
Tender Number
Item Description Tender Sale Commencement Date
Pre- Bid Date Closing Date
KP1/6D/PT/D/06/12
Supply, installation and commissioning of enclosed diesel generators at Elwak, Merti and Baragoi Power Stations
09.10.2012 At 10.00 am
19.10.2012
At 9.00 am
13.11.2012
At 10.00 am
Tender documents detailing the requirements may be obtained from the Chief Manager Supplies, Stores and Transport, The Kenya Power & Lighting Company Ltd on the 3rd Floor, Stima Plaza, Kolobot Road, Nairobi, on normal working days beginning on 2nd October, 2012 between 9.00 a.m. & 12.30 p.m. and 2.00 p.m. & 4.30 p.m. upon payment of a non–refundable fee of Kenya Shillings Three Thousand Only (KSh. 3,000/=) or the equivalent amount in United States Dollars (USD) using the selling exchange rate ruling at the date of the tender document purchase provided by the Central Bank of Kenya (See Central Bank of Kenya website-www.centralbank.go.ke. Payment shall be made in cash or by Bankers Cheque at the 1st Floor of Stima Plaza, Kolobot Road, Nairobi, Kenya.
Prospective bidders may also download the tender document from KPLC’s website (www.kplc.co.ke). At the time of submitting the completed tender document, such Tenderers shall be required to enclose a copy of the receipt or payment slip evidencing payment of a non–refundable fee of Kenya Shillings Two Thousand Only (KSh. 2,000/=) or the equivalent amount in United States Dollars (USD) using the selling exchange rate mentioned above. Upon downloading and payment of the fee of Ksh.2,000/= or the equivalent amount in United States Dollars (USD), bidders are required to immediately send/ e-mail their names and contact details to:
1. Chief Manager, Supplies, Stores & Transport – [email protected]
2. Procurement Manager – [email protected]
For bidders downloading the document, payment shall be made to the following KPLC’s designated accounts:For Local Currency(KSHS) For Foreign Currency
A/c Name: The Kenya Power & Lighting Co. LimitedA/c no: 01120069019800Bank/Branch: Co-operative Bank Kenya
A/c Name: The Kenya Power & Lighting Co. LtdA/c No :8704074121601
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Limited/Stima Plaza Bank code: SCBLKENXAXXXBank/Branch: Standard Chartered Bank
Completed Tender Documents in plain sealed envelopes clearly marked with the “Tender No. and Tender Description” as more particularly described in the Tender Documents should be addressed and delivered to: The Company Secretary The Kenya Power & Lighting Co. Ltd,7th Floor, Stima Plaza, Kolobot Road, Parklands,P O Box 30099 00100, Nairobi, Kenya.
So as to be received not later than 10.00am on the Tender closing date shown above.
Tenders will be opened promptly after closing and Bidders or their representatives are welcome to witness the opening at the Auditorium - Stima Plaza.
Save when responding to KPLC’s request for a clarification, bidders shall not contact or discuss any aspect of their tender with KPLC after closing date before receipt of notification of award of tender or letters of regret as applicable. Any such contact shall lead to disqualification of
Bidders are invited for a Pre-bid Conference is to be held at the Stima club at 9.00 am on 19 th October, 2012. No site visit is planned but bidders are advised to familiarize themselves with the three sites and arrangements will be made for any bidder that may want to visit the site individually.
CHIEF MANAGER, SUPPLIES, STORES & TRANSPORT
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SECTION II
TENDER SUBMISSION CHECKLIST
A. Tender Submission Format - Non-Financial Proposal
This order and arrangement shall be considered as the Tender Submission Format, Non-Financial. Tenderers shall tick against each item indicating that they have provided it.
No. Item Tick Where Provided
1 Tender Security – Bank Guarantee or Letters of Credit (All from acceptable and approved locally based Kenyan institutions)
2* Copy of Valid Tax Compliance Certificate3 Declaration Form 4 Confidential Business Questionnaire (CBQ) 5* Copy of PIN Certificate 6 Copy of Company or Firm’s Registration Certificate7 Form of Tender8 Names with full contact as well as physical addresses of previous customers of
similar completed works and copies of completion certificate in the clients letterhead signed by a senior person in the clients firm
9 Valid and current ISO Certificates for both Manufacturer and Tenderer10 Duly completed Schedule of Guaranteed Technical Particulars 11 Statement on Deviations 12 Catalogues and or Brochures and or Manufacturer’s drawings 13 Manufacturer’s Authorization for the system14 Proposed delivery period 15 Fully filled up technical schedule16 Sample for noise reduction material17 Any other document or item required by the Tender Document that is non-financial
(The Tenderer shall specify such other documents or items it has submitted)18 Attach Payment Receipt
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B. Tender Submission Format – Financial Proposal
This order and arrangement shall be considered as the Tender Submission Format, Financial. Tenderers shall tick against each item indicating that they have provided it.
No. Item Tick Where Provided
1 Price Schedule(s)2 Audited Financial Statements. The audited financial statements required must be
those that are reported within fifteen (15) calendar months of the date of the Tender document.
3* Any other document or item required by the Tender Document that is financial. (The Tenderer shall specify such other documents or items it has submitted)
*NOTES TO TENDERERS
1. Valid Tax Compliance Certificate shall be one issued by the relevant tax authorities and valid for at least up to the Tender closing date.
2. All Kenyan registered Tenderers must provide a valid Tax Compliance Certificate.
3. All Kenyan registered Tenderers must provide the Personal Identification Number Certificate (PIN Certificate).
4. A non-financial document or item includes one that does not contain or reveal the Tender price(s) of the works and the required audited financial statements. A tenderer shall not insert financial documents or items in the Non-financial tender submission envelopes or packages.
5. A financial document or item includes one that contains all information on the Tender price(s) of the goods and the required audited financial statements. A tenderer shall not insert Non-financial documents or items in the Financial tender submission envelopes or packages.
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SECTION III
INSTRUCTIONS TO TENDERERS
TABLE OF CLAUSES
CLAUSE NUMBERS DESCRIPTION PAGE
GENERAL
1. Definitions ………………………………………………… 102. Eligibility and Qualification Requirements…………..……….. 11 3. Cost of Tendering …………………………………………… 134. Site Visit …………………………………………………….. 13
TENDER DOCUMENTS
5. Tender Documents …………………………………………. 13 6. Clarification of Tender Documents ………………………… 147. Amendments of Tender Documents …………...…………… 15
PREPARATION OF TENDER
8. Language of Tender ………………………………………… 159. Documents Comprising the Tender ………………………… 1510. Tender Prices ………………………………………………. 1611. Tender Form.. ………………………………………………. 1612. Currencies of Tender and Payment ………………………… 17 13. Tender Validity …………………………………………….. 1714. Tender Security ………………………………………………. 1715. No Alternative Offers ………………………………………. 1816. Pre-Tender meeting …………………………………………… 1917. Number of Sets and Tender Format ……………………………... 19
SUBMISSION OF TENDERS
18. Preparation and Signing of Tenders ……………………………. 2019. Sealing and Marking of Tenders ……………………………. 2120. Deadline and Submission of Tenders ………………………. 2121. Modification and Withdrawal of Tenders ………………….. 22
TENDER OPENING AND EVALUATION
22. Tender Opening….………………………………………….. 2223. Process to be Confidential….……………………………….. 2224. Clarification of Tenders and Contacting KP.……………….. 23
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PAGE
25. Preliminary Tender Evaluation .………………………………… 23 26. Minor Deviations, Errors or Oversights………………………….. 24 27. Technical Evaluation of Tenders ....…………….……………….. 2428. Financial Evaluation of Tenders ……….……….……………….. 2429. Preferences………………………………………………………. 2530. Tender Evaluation Period……………………………………….. 2531. Debarment of Tender……………………………………………. 2532. Confirmation of Qualification for Award……………………….. 25
AWARD OF CONTRACT
33. Award of Contract………………………………………………… 2634. Termination of Procurement Proceedings………………………… 2635. Notification of Award…………………………………………….. 2636. Signing of the Contract…………………………………………… 26 37. Performance Security..…………………………………………. 2738. Advance Payment …….…………………………………………. 2839. Corrupt and Frudrent Practices ………………………………….. 28
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INSTRUCTION TO TENDERERS
Note: The Tenderer must comply with the following conditions and instructions and failure to do so is liable to result in rejection of the Tender.
GENERAL
1. Definitions
In this Tender, unless the context or express provision otherwise requires: -a) Any reference to any Act shall include any statutory extension, amendment, modification,
re-amendment or replacement of such Act and any rule, regulation or order made thereunder.
b) “Date of Tender document” shall mean the first day and month and year of that appearing on the cover page of the Tender Document.
c) “Day” means calendar day and “month” means calendar month.d) “KEBS” wherever appearing means the Kenya Bureau of Standards or its successor(s)
and assign(s) where the context so admit.e) “PPOA” wherever appearing means The Public Procurement Oversight Authority or its
successor(s) and assign(s) where the context so admits.f) Reference to “the Tender” or the “Tender Document” includes its appendices and
documents mentioned hereunder and any reference to this Tender or to any other document includes a reference to the other document as varied supplemented and/or replaced in any manner from time to time.
g) “KP” means The Kenya Power and Lighting Company Limited or its successor(s) and assign(s) where the context so admits (hereinafter abbreviated as KP).
h) “The Tenderer” means the person(s) submitting its Tender for the supply, installation and commissioning (where applicable) of the goods in response to the Invitation to Tender.
i) Where there are two or more persons included in the expression the “Tenderer”, any act, default or omission by the Tenderer shall be deemed to be an act, default or omission by any one or more of such persons.
j) Words importing the masculine gender only, include the feminine gender or (as the case may be) the neutral gender.
k) Words importing the singular number only include the plural number and vice-versa and where there are two or more persons included in the expression the “Tenderer” the covenants, agreements and obligations expressed to be made or performed by the Tenderer shall be deemed to be made or performed by such persons jointly and severally.
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2. Eligibility and Qualification Requirements
2.1 This Invitation to Tender is open to all Tenderers eligible as described in the Appendix to Instructions to Tenderers. Successful Tenderers shall supply the goods, install and commission in accordance with this Tender and the ensuing contract.
2.2 Notwithstanding any other provisions of this Tender, the following are not eligible to participate in the Tender:-
a) KP’s employees, its Board or any of its committee members. b) Any Minister or Assistant Minister of the Government of the Republic of Kenya (GoK). c) Any public servant of GoK. d) Any member of a Board or Committee or any department of GoK. e) Any person appointed to any position by the President of Kenya. f) Any person appointed to any position by any Minister of GoK.
2.3 For the purposes of this clause, any relative i.e. spouse(s) and child(ren) of any person mentioned in sub-clause 3.2.2 is also ineligible to participate in the Tender. In addition, a Minister shall include the President, Vice-President or the Attorney General of GoK.
2.4 Tenderers shall provide the qualification information statement that the Tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by KP to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods under this Invitation to Tender.
2.5 Tenderers shall not be under declarations of ineligibility for corrupt, fraudulent practices and are not amongst persons mentioned in sub-clauses 3.2.2 and 3.2.3 above.
2.6 Tenderers who are not under these declarations shall complete the Declaration Form strictly in the form and content as prescribed at Section XIII.
2.7 Those that are under the Declaration for corrupt and fraudulent practices whether currently or in the past shall not complete the Form. They will submit a suitable Form giving details, the nature and present status of their circumstances.
2.8 To be qualified for award of Contract, the Tenderer shall provide evidence satisfactory to the Employer of their eligibility under Sub clause 2.1 above and of their capability and adequacy of resources to effectively carry out the subject Contract. To this end, the Tenderer shall be required to update the following information already submitted during prequalification:
(a) Details of experience and past performance of the Tenderer on the works of a similar nature within the past five years and details of current work on hand and other contractual commitments. Completion certificates to be attached as prove that the work has been carried out to completion.
(b) The qualifications and experience of key personnel proposed for administration and execution of the contract, both on and off site.
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(c) Major items of construction plant and equipment proposed for use in carrying out the Contract. Only reliable plant in good working order and suitable for the work required of it shall be shown on this schedule. The Tenderer will also indicate on this schedule when each item will be available on the Works. Included also should be a schedule of plant, equipment and material to be imported for the purpose of the Contract, giving details of make, type, origin and CIF value as appropriate.
(d) Details of subcontractors to whom it is proposed to sublet any portion of the Contract and for whom authority will be requested for such subletting in accordance with clause 4 of the Conditions of Contract.
(e) A draft Program of Works in the form of a bar chart and Schedule of Payment which shall form part of the Contract if the Tender is accepted. Any change in the Program or Schedule shall be subjected to the approval of the Engineer.
(f) Details of any current litigation or arbitration proceedings in which the Tenderer is involved as one of the parties.
2.9 Joint Ventures
Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements:
(a) The Tender, and in case of a successful Tender, the Form of Agreement, shall be signed so as to be legally binding on all partners.
(b) One of the partners shall 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.
(c) The partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture and the entire execution of the Contract including payment shall be done exclusively with the partner in charge.
(d) 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 relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Form of Tender and the Form of Agreement (in case of a successful Tender).
(e) A copy of the agreement entered into by the joint venture partners shall be submitted with the Tender.
2.10 To quality for contract awards, the Tenderer shall have the following:
a) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being procured.
b) Legal capacity to enter into a contract for procurement.
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c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing.
d) Shall not be debarred from participating in public procurement.
3. Cost of Tendering
3.1 The Tenderer shall bear all costs associated with the preparation and submission of his Tender and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.
3.2 The price to be charged for the Tender Document shall be as indicated in the Invitation to Tender but in any case not exceeding KSh 5,000/=.
3.3 KP shall allow the Tenderer to view the Tender document free of charge before purchase.
4. Site Visit
4.1 The Tenderer is advised to visit and examine the Site and its surroundings and obtain for himself on his own responsibility, all information that may be necessary for preparing the Tender and entering into a contract. The costs of visiting the Site shall be the Tenderer’s own responsibility.
4.2 The Tenderer and any of his personnel or agents will be granted permission by the Employer to enter upon premises and lands for the purpose of such inspection, but only upon the express condition that the Tenderer, his personnel or agents, will release and indemnify the Employer from and against all liability in respect of, and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which but for the exercise of such permission, would not have arisen.
4.3 The Employer shall organize a site visit at a date to be notified. A representative of the Employer will be available to meet the intending Tenderers at the Site.
4.4 Tenderers must provide their own transport. The representative will not be available at any other time for site inspection visits.
4.5 Each Tenderer shall complete the Certificate of Tenderer’s Visit to the Site, whether he in fact visits the Site at the time of the organized site visit or by himself at some other time.
TENDER DOCUMENTS
5. Tender Documents
5.1 The Tender documents comprise the documents listed herebelow and should be read together with any Addenda issued in accordance with Clause 7 of these instructions to Tenderers.a) Invitation to Tender b) Tender Submission Checklistc) Instructions to Tenderers d) Appendix to Instructions to Tenderers
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e) Schedule of Requirements f) Price Schedule for Goodsg) Summary of the Evaluation Process h) General Conditions of Contracti) Special Conditions of Contract j) Tender Form k) Confidential Business Questionnaire Forml) Tender Security Form m) Manufacturer’s Authorization Formn) Declaration Formo) Contract Formp) Performance Security Form q) Technical Specifications
(i) General Requirements (ii) Detailed Technical Specifications
5.2 The Tenderer is expected to examine carefully all instructions, conditions, forms, terms, specifications and drawings in the Tender documents. Failure to comply with the requirements for Tender submission will be at the Tenderer’s own risk. Pursuant to clause 22 of Instructions to Tenderers, Tenders which are not substantially responsive to the requirements of the Tender documents will be rejected.
5.3 All recipients of the documents for the proposed Contract for the purpose of submitting a Tender (whether they submit a Tender or not) shall treat the details of the documents as “private and confidential”.
6. Clarification of Tenders
6.1 A prospective Tenderer requiring any clarification of the Tender Document may notify the Procurement Manager in writing or by post at KP’s address indicated in the Invitation to Tender. KP will respond in writing to any request for clarification of the Tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of Tenders, prescribed by KP. Written copies of KP’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Tenderers that have duly received the Tender Document.
6.2 Clarification of Tenders shall be requested by the Tenderer to be received by KP not later than 7 days prior to the deadline for submission of Tenders.
6.3 KP shall reply to any clarifications sought by the Tenderer within 3 days of receiving the request to enable the Tenderer to make timely submission of its Tender.
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6.4 If a prospective Tenderer sends an inquiry after the stated days or the inquiry is received by KP after the stated days, KP shall have the option of responding to the inquiry and extension of the date of submission of Tenders or ignoring it.
7. Amendment of Tender Documents
7.1 At any time prior to the deadline for submission of Tenders, KP, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, may modify the Tender documents by amendment.
7.2 All prospective Tenderers that have received the Tender Documents will be notified of the amendment(s) (hereinafter referred to or otherwise known as addendum) in writing and will be binding on them.
7.3 In order to allow prospective Tenderers reasonable time in which to take the Addendum into account in preparing their Tenders, the Employer may, at his discretion, extend the deadline for the submission of Tenders.
PREPARATION OF TENDERS
8. Language of Tender
8.1 The Tender and all correspondence and documents relating to the Tender exchanged between the Tenderer and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the Tenderer with the Tender may be in another language provided they are accompanied by an appropriate translation of pertinent passages in the above stated language. For the purpose of interpretation of the Tender, the English language shall prevail. The English translation shall be on the Tenderer’s letterhead and shall be signed by the duly authorized signatory signing the Tender and stamped with the Tenderer’s stamp.
9. Documents Comprising the Tender
9.1 The Tender to be prepared by the Tenderer shall comprise:a) The form of Tender and appendix thereto. b) A Tender security.c) The priced Bill of Quantity and Schedule.d) The information on eligibility and qualification.e) Any other materials required to be completed and submitted in accordance with the
instructions to Tenderers.
9.2 The Forms, Bills of Quantities and Schedules provided in the Tender documents shall be used without exception (subject to extensions of the schedules in the same format and to the provisions of clause 13.2 regarding the alternative forms of Tender Surety).
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10. Tender Prices
10.1 All the insertions made by the Tenderer shall be made in INK and the Tenderer shall clearly form the figures. The relevant space in the Form of Tender and Bills of Quantities shall be completed accordingly without interlineations or erasures except those necessary to correct errors made by the Tenderer in which case the erasures and interlineations shall be initialed by the person or persons signing the Tender.
10.2 A price or rate shall be inserted by the Tenderer for every item in the Bills of Quantities whether the quantities are stated or not items against which no rate or price is entered by the Tenderer will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bills of Quantities.
10.3 The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] value of the work described under the items, including all costs and expenses which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the Tender is based. All duties and taxes and other levies payable by the Contractor under the Contract or for any other cause prior to the deadline for the submission of Tenders, shall be included in the rates and prices and the total Tender prices submitted by the Tenderer.
10.4 Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for completing the activity or activities described under that particular item and the Tenderer is advised against inserting a price or rate against any item contrary to this instruction.
10.5 Every rate entered in the Bills of Quantities, whether or not such rate be associated with a quantity, shall form part of the Contract. The Employer shall have the right to call for any item of work contained in the Bills of Quantities, and such items of work to be paid for at the rate entered by the Tenderer and it is the intention of the Employer to take full advantage of unbalanced low rates.
10.6 Unless otherwise specified the Tenderer must enter the amounts representing 10% of the sub-total of the summary of the Bills of Quantities for Contingencies and Variation of Prices [V.O.P.] payments in the summary sheet and add them to the sub-total to arrive at the Tender amount.
10.7 The Tenderer shall furnish with his Tender written confirmation from his suppliers or manufacturers of unit rates for the supply of items listed in the Conditions of Contract clause 47 where appropriate.
10.8 The rates and prices quoted by the Tenderer are subject to adjustment during the performance of the Contract only in accordance with the provisions of the Conditions of Contract. The Tenderer shall complete the schedule of basic rates and shall submit with his Tender such other supporting information as required under clause 47 of the Conditions of Contract Part II.
11. Tender Form
11.1 The Tenderer shall complete and sign the Tender Form, the appropriate Price Schedule and all other documents furnished in the Tender Document, indicating the goods to be supplied, a brief
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description of the goods, their country of origin, quantity, and prices amongst other information required.
12. Currencies of Tender and Payment
12.1 Tenders shall be priced in Kenya Shillings and the Tender sum shall be in Kenya Shillings or in another freely convertible currency in Kenya. The currency quoted must be indicated clearly on the Price Schedule of the works.
12.2 The exchange rate to be used for currency conversion shall be the Central Bank of Kenya selling rate ruling on the Tender closing date.
13. Tender Validity
13.1 The Tender shall remain valid and open for acceptance for a period of ninety (90) days from the specified date of Tender opening or from the extended date of Tender opening (in accordance with clause 7.4 here above) whichever is the later. A Tender that is valid for a shorter period shall be rejected by KP as non-responsive.
13.2 In exceptional circumstances prior to expiry of the original Tender validity period, the Employer may request the Tenderer for a specified extension of the period of validity. The request and the responses thereto shall be made in writing or by cable, telex or facsimile. A Tenderer may refuse the request without forfeiting his Tender Surety. A Tenderer agreeing to the request will not be required nor permitted to modify his Tender, but will be required to extend the validity of his Tender Surety correspondingly.
14. Tender Security
14.1 The Tenderer shall furnish, as part of its Tender, a Tender security for the amount specified in the Appendix to Instructions to Tenderers.
14.2 The Tender security shall be either one or a combination of the following:-a) An original Bank Guarantee that is strictly in the form and content as prescribed in the
Tender Security Form (Bank Guarantee) in the Tender Document. b) Confirmed Standby Letters of Credit (LC). All costs, expenses and charges levied by all
banks party to the LC including confirmation charges shall be prepaid by the Tenderer. The LC must contain all the mandatory conditions of payment to KP as prescribed in the Tender Security (Letters of Credit) provided in the Tender Document.
14.3 The Tender security is required to protect KP against the risk of the Tenderer’s conduct which would warrant the security’s forfeiture pursuant to clause 14.10 below.
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14.4 The Tender Security shall be denominated in Kenya Shillings or in another freely convertible currency, and shall be issued by a commercial bank licensed by the Central Bank of Kenya. The bank must be located in Kenya.
14.5 The Tender Security shall be valid for thirty (30) days beyond the validity of the Tender.
14.6 KP shall seek authentication of the Tender Security from the issuing bank. It is the responsibility of the Tenderer to sensitize its issuing bank on the need to respond directly and expeditiously to queries from KP. The period for response shall not exceed five (5) days from the date of KP’s query. Should there be no conclusive response by the bank within this period, such Tenderer’s Tender Security may be deemed as invalid and the bid rejected.
14.7 Any Tender not secured in accordance with this clause will be rejected by KP as non-responsive, pursuant to clause 25.
14.8 The unsuccessful Tenderer’s Tender Security will be released as promptly as possible, in any of the following circumstances: - a) the procurement proceedings are terminated b) KP determines that none of the submitted Tenders is responsive c) a contract for the procurement is entered intod) the Tenderer does not qualify for Financial Evaluation in accordance with clause 28.
14.9 The successful Tenderer’s Tender Security will be released upon the successful Tenderer’s signing the contract, pursuant to clause 35 and furnishing an authentic Performance Security, pursuant to clause 37.
14.10 The Tender Security shall be forfeited – a) if the Tenderer withdraws its Tender after the deadline for submitting Tenders but before
the expiry of the period during which the Tenders must remain validb) if the Tenderer rejects a correction of an arithmetic error c) if the Tenderer fails to enter into a written contract in accordance with clause 35.d) if the successful Tenderer fails to furnish the performance security in accordance with
clause 37 e) if the Tenderer fails to extend the validity of the Tender security where KP has extended
the Tender validity period in accordance with clause 13.
15. No Alternative Offers
15.1 The Tenderer shall submit an offer which complies fully with the requirements of the Tender documents unless otherwise provided for in the appendix.
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15.2 Only one Tender may be submitted by each Tenderer either by himself or as partner in a joint venture.
15.3 The Tenderer shall not attach any conditions of his own to his Tender. The Tender price must be based on the Tender documents. The Tenderer is not required to present alternative construction options and he shall use without exception, the Bills of Quantities as provided, with the amendments as notified in Tender notices, if any, for the calculation of his Tender price.
15.4 Any Tenderer who fails to comply with this clause will be disqualified.
16. Pre-Tender Meeting
16.1 If a pre-Tender meeting is convened the Tenderer’s designated representative is invited to attend a pre-Tender meeting, which if convened, will take place at the venue and time stated in the Invitation to Tender. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
16.2 The Tenderer is requested as far as possible to submit any questions in writing or by cable, to reach the Employer not later than seven days before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following:
(a) Minutes of the meeting, including the text of the questions raised and the responses given together with any responses prepared after the meeting will be transmitted without delay to all purchasers of the Tender documents. Any modification of the Tender documents listed in Clause 9 which may become necessary as a result of the pre-Tender meeting shall be made by the Employer exclusively through the issue of a Tender notice pursuant to Clause 7 and not through the minutes of the pre-Tender meeting.
(b) Non-attendance at the pre-Tender meeting will not be cause for disqualification of a bidder.
17. Number of Sets and Tender Format
17.1 The Tenderer shall prepare three complete sets of its Tender, identifying and clearly marking the “ORIGINAL TENDER”, “COPY 1 OF TENDER”, and “COPY 2 OF TENDER” as appropriate. Each set shall be properly bound. The copies shall be a replica of the Original. Each copy will be deemed to contain the same information as the Original.
17.2 The Tenderer shall divide and mark the sets as follows:- 3.20.2.1 NON-FINANCIAL – Three (3) sets i.e. Original, Copy 1 and Copy 2. 3.20.2.2 FINANCIAL – Three (3) sets i.e. Original, Copy 1 and Copy 2.
17.3 The Tenderer shall ensure that -
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a) the Non-Financial sets, envelopes or packages do not contain any or all the information that reveals the tender price(s) of the goods and the required audited financial statements.
b) no financial documents or items are included or inserted in the Non-Financial sets, envelopes or packages.
c) A Financial set, document or item includes one that contains any or all information on the tender price(s) of the goods and the required audited financial statements.
17.4 The Tender shall be bound and divided clearly in descending order as listed in the Tender Submission Checklist. The divisions are for clear identification and marking of the respective documents or information that are serially numbered in the Checklist.
17.5 The order and arrangement as indicated in the Tender Submission Checklist will be considered as the Tender Formats.
17.6 Any Tender not prepared and signed in accordance with this clause, in particular sub-clauses 17.1, 17.2 and 17.3 shall be rejected by KP as non-responsive, pursuant to clause 25.
SUBMISSION OF TENDERS
18. Preparation and Signing of the Tender
18.1 The Original and all copies of the Tender shall be typed or written in indelible ink. They shall be signed by the Tenderer or a person or persons duly authorized to bind the Tenderer to the contract.
18.2 The authorization shall be indicated by a written Power of Attorney granted by the Tenderer to the authorized person before any of the following persons:-a) For local Tenderers, a Commissioner of Oaths or a Notary Public or a Magistrate of the
Kenyan Judiciary. b) For foreign Tenderers, a Notary Public in the country of the Tenderer. In either case above, the Power of Attorney shall accompany the Tender.
18.3 All pages of the Tender, including un-amended printed literature, shall be initialed by the person or persons signing the Tender and serially numbered.
18.4 The Tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialled by the person or persons signing the Tender.
18.5 KP will assume no responsibility whatsoever for the Tenderer’s failure to comply or observe with the entire contents of this clause 18.
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18.6 Any Tender not prepared and signed in accordance with this clause may be rejected by KP as non-responsive, pursuant to clause 25.
19. Sealing and Outer Marking of Tenders
19.1 The Tenderer shall seal the Original and each Copy of the Tender in separate envelopes or packages, duly marking the envelopes or packages as “ORIGINAL”, “COPY 1 OF TENDER” and “COPY 2 OF TENDER”. The envelopes or packages shall then be sealed in outer envelopes or packages.
19.2 The inner and outer envelopes or packages shall - a) be addressed to KP at the address given in the Invitation to Tender, b) bear the Tender number and name as per the Invitation to Tender and the words, “DO
NOT OPEN BEFORE …………………. as specified in the Invitation to Tender. 19.3 All inner envelopes or packages shall also indicate the name and full physical, telephone, e-mail,
facsimile and postal contacts of the Tenderer to enable the Tender to be returned unopened in circumstances necessitating such return including where Tenders are received late, procurement proceedings are terminated before Tenders are opened or the Tender does not qualify for further financial evaluation in accordance with the Summary of Evaluation Process set out in the Tender Document.
19.4 If the envelopes or packages are not sealed and marked as required by this clause, KP will assume no responsibility whatsoever for the Tender’s misplacement or premature opening. A Tender opened prematurely for this cause will be rejected by KP and promptly returned to the Tenderer.
20. Deadline for Submission of Tenders
20.1 Tenders must be received by KP by the time and at the place specified in the Invitation to Tender.
20.2 KP may, at its discretion, extend this deadline for submission of Tenders by amending the Tender documents in accordance with clause 7, in which case all rights and obligations of KP and the Tenderer’s previously subject to the initial deadline, will therefore be subject to the deadline as extended.
20.3 Proof of posting will not be accepted as proof of delivery and any Tender delivered after the above stipulated time, from whatever cause arising will not be considered.
18.4 Any Tender received by KP after the prescribed deadline for submission of Tender will be returned unopened to the Tenderer.
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21. Modification and Withdrawal of Tenders
21.1 The Tenderer may modify or withdraw its Tender after it has submitted it, provided that written notice of the modification, including substitution or withdrawal of the Tender is received by KP prior to the deadline prescribed for submission of Tenders.
21.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of clauses 18, 19 and 20. A withdrawal notice may also be sent by facsimile, electronic mail, cable or telex but followed by an original signed confirmation copy, postmarked not later than the deadline for submission of Tenders.
21.3 No Tender may be modified after the deadline for submission of Tenders.
21.4 No Tender may be withdrawn in the interval between the deadline for submission of Tenders and the expiration of the period during which the Tender must remain valid. Any withdrawal of a Tender during this interval shall result in forfeiture of the Tenderer’s Tender Security.
TENDER OPENING AND EVALUATION
22. Tender Opening
22.1 The Employer will open the Tenders in the presence of the Tenderers’ representatives who choose to attend at the time and location indicated in the Letter of Invitation to Tender. The Tenderers’ representatives who are present shall sign a register evidencing their attendance.
22.2 Tenders for which an acceptable notice of withdrawal has been submitted, pursuant to clause 21, will not be opened. The Employer will examine the Tenders to determine whether they are complete, whether the requisite Tender Sureties have been furnished, whether the documents have been properly signed and whether the Tenders are generally in order.
22.3 At the Tender opening, the Employer will announce the Tenderer’s names, total Tender price, Tender price modifications and Tender withdrawals, if any, the presence of the requisite Tender Surety and such other details as the Employer, at his discretion, may consider appropriate. No Tender shall be rejected at the Tender opening except for late Tenders.
22.4 The Employer shall prepare a Tender opening register and minutes of the Tender opening including the information disclosed to those present.
22.5 Tenders not opened and read out a Tender opening shall not be considered further for evaluation, irrespective of the circumstances.
23. Process to be Confidential
23.1 After the public opening of Tenders, information relating to the examination, clarification, evaluation and comparisons of Tenders and recommendations concerning the award of Contract
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shall not be disclosed to Tenderers or other persons not officially concerned with such process until the award of Contract is announced.
23.2 Conclusion of that process shall be deemed to have occurred, at the latest, by the date and time KP announces to qualified bidder(s) the date and time for the second opening of the Tenders i.e. of the detailed Financial sets. In any event, official disclosure by KP of any information upon conclusion of that process shall only be to the unsuccessful bidders and may contain only the information permissible by law in summary form.
23.3 Any effort by a Tenderer to influence the Employer in the process of examination, evaluation and comparison of Tenders and decisions concerning award of Contract may result in the rejection of the Tenderer’s Tender.
24 Clarification of Tenders and Contacting KP
24.1 To assist in the examination, evaluation and comparison of Tenders KP may, at its discretion, ask the Tenderer for a clarification of its Tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the Tender shall be sought, offered, or permitted.
24.2 The Tenderer is required to provide timely clarification or substantiation of the information that is essential for effective evaluation of its qualifications. It is the responsibility of the Tenderer to provide in writing the clarification or substantiation which should reach KP within five (5) days from the date of KP’s query. Such writing may include by electronic mail, facsimile or postal mail. Should there be no conclusive response within this period, it shall result in the Tenderer’s disqualification.
24.3 Save as is provided in this clause and clause 23 above, no Tenderer shall contact KP on any matter related to its Tender, from the time of the Tender openings to the time the contract is awarded.
24.4 Any effort by a Tenderer to influence KP in its decisions on Tender evaluation, Tender comparison, Tender recommendation(s) or contract award may result in the rejection of the Tenderer’s Tender.
25 Preliminary Tender Evaluation
25.1 Prior to the detailed Technical and Financial evaluation, KP will determine the substantial responsiveness of each Tender. For purposes of this Tender, a substantially responsive Tender is one that conforms to the requirements of Preliminary Evaluation. KP’s determination of a Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence.
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25.2 KP will examine the Tenders to determine whether they conform to the Preliminary Evaluation Criteria set out in the Summary of Evaluation Process.
25.3 Notwithstanding the contents of the foregoing sub-clauses, if a Tender is not substantially responsive, it will be rejected at the earliest stage of evaluation by KP and cannot subsequently be made responsive by the Tenderer by correction of any non–conformity.
26. Minor Deviations, Errors or Oversights
26.1 KP may waive any minor deviation in a Tender that does not materially depart from the requirements of the goods and or services set out in the Tender Document.
26.2 Such minor deviation - (a) shall be quantified to the extent possible, (b) shall be taken into account in the evaluation process, and, (c) shall be applied uniformly and consistently to all qualified Tenders duly received by KP.
26.3 KP may waive errors and oversights that can be corrected without affecting the substance of the Tender.
27. Technical Evaluation of Tenders
27.1 KP will evaluate and compare the Tenders that have been determined to be substantially responsive in compliance to the Technical requirements set out in the Tender Document.
27.2 For Tenders that do not qualify past the technical evaluation stage, financial evaluation will not be conducted.
28. Financial Evaluation of Tenders
28.1 Upon completion of the preliminary and technical evaluation, KP shall conduct a Financial Evaluation and comparison as set out in the Summary of Evaluation Process.
28.2 Where other currencies are used, KP will convert those currencies to the same currency using the selling exchange rate ruling on the date of Tender closing provided by the Central Bank of Kenya.
28.3 Arithmetical errors will be rectified on the following basis - if there is a discrepancy between the unit price 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. If there is a discrepancy between words and figures, the amount in words will prevail.
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28.4 The Tenderer will be promptly notified of the correction of the arithmetical error(s). If the Tenderer does not accept the correction of the error(s), its Tender will stand rejected, and its Tender Security automatically forfeited.
29. Preferences
29.1 Where applicable, in the evaluation of Tenders, exclusive preference shall be given to citizens of Kenya where - a) the funding is one hundred percent (100%) from the Government of Kenya
or a Kenyan body, and, b) the amount of the Tender is below -
(i.) KSh. 50 Million in respect of goods or services.(ii.) KSh. 200 Million in respect of works.
30. Tender Evaluation Period
30.1 The Tender evaluation committee(s) shall evaluate the Tender within thirty five (35) days of the validity period from the date of the first opening of the Tender.
31. Debarment of a Tenderer
31.1 A Tenderer who gives false information in the Tender about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.
32. Confirmation of Qualification for Award
32.1 KP may confirm to its satisfaction whether the Tenderer that is selected as having submitted the lowest evaluated responsive Tender is qualified to perform the contract satisfactorily.
32.2 The confirmation 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, as well as confirmation of such other information as KP deems necessary and appropriate. This may include factory and other facilities inspection and audits.
32.3 An affirmative confirmation will be a prerequisite for award of the contract to the Tenderer. A negative confirmation will result in rejection of the Tenderer’s Tender, in which event KP will proceed to the next lowest evaluated responsive Tender to make a similar confirmation of that Tenderer’s capabilities to perform satisfactorily.
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AWARD OF CONTRACT
33. Award of Contract
33.1 KP will award the contract to the successful Tenderer whose Tender has been determined to be substantially responsive, technically compliant and has been determined to be the lowest evaluated Tender, and further, where deemed necessary, that the Tenderer is confirmed to be qualified to perform the contract satisfactorily.
33.2 Award will be done as indicated in the Appendix to Instructions to Tenderers.
34. Termination of Procurement Proceedings
34.1 KP may at any time terminate procurement proceedings before entering into a contract and shall not be liable to any person for the termination.
34.2 KP shall give prompt notice of the termination to the Tenderers, and, on request from any Tenderer, give its reasons for termination within fourteen (14) days of such request.
35. Notification of Award
35.1 Prior to the expiration of the period of Tender validity, KP shall notify the successful Tenderer in writing that its Tender has been accepted.
35.2 The notification of award shall not constitute the formation of the contract until one is finally signed by both parties.
35.3 Simultaneously, and without prejudice to the contents of clause 23, on issuance of Notification of Award to the successful Tenderer, KP shall notify each unsuccessful Tenderer.
35.4 A notification of the Tender outcome does not reduce the validity period for any Tender security whether the Tenderer is successful or not, except where such Tender security is officially released to the Bank and/or the Tenderer and such Bank discharged of all its obligations by KP prior to the expiry of its stated validity period.
36. Signing of the Contract
36.1 At the same time as KP notifies the successful Tenderer that its Tender has been accepted, KP will send the Tenderer the Contract Agreement provided in the Tender Document together with any other necessary documents incorporating all agreements between the Parties.
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36.2 Within fourteen (14) days of the date of notification of award, the successful Tenderer shall only sign the Contract Form and all the documents specified in that Form and return them to KP within that period of fourteen (14) days.
36.3 KP shall sign and date the Contract in the period between not earlier than fourteen (14) days from the date of notification of contract award and not later than thirty (30) days after expiry of Tender validity. Further, KP shall not sign the contract until and unless the authentic performance security is received in accordance with clause 37.
36.4 Failure of the successful Tenderer to sign the Contract, the award shall be annulled and its Tender security forfeited in which event KP shall notify the next lowest evaluated Tenderer that its Tender has been accepted.
36.5 Clause 35 together with the provisions of this clause 36 will apply with necessary modifications with respect to the Tenderer notified under sub-clause 36.4.
37. Performance Security
37.1 Within twenty one (21) days of the date of notification of award from KP, the successful Tenderer shall furnish KP with a Performance Security which shall be either one or a combination of the following:a) An original Bank Guarantee that is strictly in the form and content as prescribed in the
Performance Security Form (Bank Guarantee) in the Tender Document. b) Confirmed Standby Letters of Credit (LC). All costs, expenses and charges levied by all
banks party to the LC including confirmation charges shall be prepaid by the successful Tenderer. Certain mandatory conditions of the LC shall be as prescribed in the Performance Security Form (LC) in the Tender Document.
37.2 The Performance Security shall be issued by a commercial bank licensed by the Central Bank of Kenya. The bank must be located in Kenya.
37.3 The successful Tenderer shall furnish a Performance Security being the sum of ten percent (10%) of the contract price.
37.4 KP shall seek authentication of the Performance Security from the issuing bank. It is the responsibility of the successful Tenderer to sensitize its issuing bank on the need to respond directly and expeditiously to queries from KP. The period for response shall not exceed five (5) days from the date of KP’s query. Should there be no conclusive response by the Bank within this period, such successful Tenderer’s Performance Security may be deemed as invalid.
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37.5 Failure of the successful Tenderer to furnish an authentic Performance Security, the award shall be annulled and the Tender Security forfeited, in which event KP may notify the next lowest evaluated Tenderer that its Tender has been accepted.
37.6 Clause 35, 36 together with the provisions of this clause 37 will apply with necessary modifications, and as far as circumstances permit, with respect to the Tenderer notified under sub-clause 37.5.
38. Advance Payment
38.1 An advance payment, if approved by the Employer, shall be made under the Contract, if requested by the Contractor, in accordance with clause 33.1 of the Conditions of Contract. The Advance Payment Guarantee shall be denominated in the proportion and currencies named in the form of foreign currency requirements. For each currency, a separate guarantee shall be issued. The guarantee shall be issued by a bank located in the Republic of Kenya, or a foreign bank through a correspondent bank located in the Republic of Kenya, in either case subject to the approval of the Employer.
39. Corrupt or Fraudulent Practices
39.1 KP requires that Tenderers observe the highest standard of ethics during the procurement process and execution of contracts. When used in the present Regulations, the following terms are defined as follows: -a) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value
to influence the action of public official in the procurement process or in contract execution;
b) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of KP, and includes collusive practice among Tenderers (prior to or after Tender submission) designed to establish Tender prices at artificial non-competitive levels and to deprive KP of the benefits of free and open competition.
39.2 KP will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.
39.3 Further, a Tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya.
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SECTION IV
APPENDIX TO INSTRUCTIONS TO TENDERERS
Notes on the appendix to Instructions to tender.
1. The Appendix to instructions to tenderers is intended to assist the procuring entity in providing specific information which may not be adequately covered by the clause in the instructions to tenders.
2. In preparing the appendix the following aspects should be taken into consideration:
a) The information that specifies or complements provisions of Sections II to be incorporated.
b) Amendments of Section II as necessitated by the circumstances of the specific works to be also incorporated.
c) Section II should remain unchanged and any changes or amendments introduced through the appendix.
The following appendix to instructions to tenders shall complement or amend the provisions of the instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the instructions to tenderers and the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers:
CLAUSE
13 Tender Security
Amount of Tender Security is two (2) percent of the total value of the Works.
(i) The name and address of the Employer for the purposes of submission of tenders is: The Company SecretaryKenya Power Stima Plaza, 7th Floor, Kolobot RoadP.O. Box 30099-00100Nairobi
(ii) The name of the proposed Works and where available the Contract Number is SUPPLY, INSTALLATION AND COMMISSIONING OF ENCLOSED DIESEL GENERATORS ELWAK, MERTI AND BARAGOI POWER STATIONS
(iii) The tender opening date and time: as indicated on the invitation to tender at 10.00 a.m.
29. Performance Guarantee
The amount of Performance Security is 10% of the contract price.
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SECTION V
CONDITIONS OF CONTRACT (Including erection on site)
PART I – GENERAL CONDITIONS
PART I – General Conditions, shall be those forming Part I of the “Conditions of Contract for Electrical and Mechanical Works – Including Erection on Site, Thirth Edition 1987, re-printed 1988 with Editorial Amendments” prepared by the Federation Internationale des Ingenieurs – conseils (FIDIC). The Conditions are subject to variations and additions set out in Part II hereof entitled “Special Conditions”.
Note
i. The standard text of the General Conditions of Contract must be retained intact to facilitate its reading and interpretation by tenderers. Any amendments and additions to the General Conditions, specific to a given Contract, should be introduced in the Special Conditions or in the Appendix to Form of Tender.
ii. The Special Conditions take precedence over the General Conditions of Contract.
iii. A copy of the FIDIC Conditions of Contract is attached and authentication can be obtained from:
FIDIC SecretariatP.O.Box 861000 Lausanne 12SwitzerlandFax: 41 21 653 5432Telephone 41 21 653 5003
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PREAMBLE TO GENERAL CONDITIONS
This Preamble must be completed in all cases referring to completed schedules where appropriate. When completed, this Preamble, the General Conditions, Specification, Employer’s and Contractor’s Drawings, Schedules and other documents can constitute a Contract on the basis of the General Conditions in Part II. If this is not what is required, Part II must also be completed.
Sub-Clause 1.1.1 – Commencement Date
The date for commencement of the Works is the issue date of the letter of award of the tender, and acceptance thereof, subject to the conditions precedent to commencement set out in Part II, Special Conditions, having been completed. Sub-sub- clauses ii), iii), iv) and v) of Part I- General Conditions are deleted.
Sub-Clause 1.1.11 – Defects Liability Period
The Defects liability period is twelve calendar months from the date of taking over in accordance with Sub-Clause 29.1
Sub-Clause 1.1.12 – The Employer
The Kenya Power (KP) of Kolobot Road Stima Plaza, P. O. Box 30099, 00100, Nairobi, Kenya.
Sub-Clause 1.1.15 – The Engineer
The Engineer is Kenya Power.
Sub-Clause 1.1.35 – Time for Completion
The Time for Completion shall be the time for Completion entered by the Contractor in the Schedule of Delivery and in the Tender. The desired completion period for the whole work is 4 months from date of signing contract. Any tenderer giving unrealistic completion periods will be rejected as unresponsive.
Sub-Clause 5.1 – Ruling Language
The Ruling Language for this Contract is English and the English language version shall prevail over any other language.
Sub-Clause 5.2 – Day to Day Communications
As per Sub-Clause 5.1 above.
Clause 5.3 – Priority of Contract Documents
Delete the documents list 1-5 and substitute:“The documents forming the Contract shall take precedence in the order in which they are set out in Section 4 – General Specifications herein.
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Clause 6.6 – Operation and Maintenance Manuals
Operations and Maintenance Manuals shall be in the English Language.
Sub-Clause 6.7 – Employer’s Use of Contractor’s Drawings
The Contractor’s Drawings and Manuals may be used by Employer for the purpose of completing, operating, maintaining, adjusting and repairing the Works, for interconnecting the Works with other plant and for training of personnel.
Sub-Clause 8.1 – General Obligations
No facilities will be provided by Employer other than a limited amount of water and electrical supply as set out in the Specification.
Sub-Clause 10.1 – Performance Security
Within 28 days of issue of the Letter of Acceptance the Contractor shall at his own expense obtain a Performance Security in the Form of Performance Bond given in the Tender documents from a reputable Bank approved by Employer to be bound with the Contractor to Employer for a sum equivalent to ten per cent (10%) of the Contract Price for the due Performance of the Contract. The Security shall be payable in the currency of the Contract and shall be denominated in the types and proportions of the currencies in which the Contract is payable. Employer may require an additional security if the value of the Contract is increased appreciably. The Contractor shall ensure that the Performance Security Bond is kept valid up to the date of issue of the last Defect Liability Certificate.
Sub-Clause 12.1 – Program to be Furnished
The Program must be submitted in the form and time as set out in here.
Sub-Clause 14.3 – Electricity, Water, Gas and Other Services
The Contractor shall make his own arrangement to supply water and electricity other services required at his own expense.
Sub-Clause 14.4 – Employer’s Equipment
None of the Employer’s equipment is available for use by the Contractor.
Clause 15.1 – Compliance with Statutes, Regulations
“Without limiting the generality of the foregoing the Contractor shall strictly abide by the Kenyan regulations concerning safety on the site of the Works”.
Clause 17.5 – Import Permits and Licenses
The Contractor shall be responsible and obtain all requirements pertaining to importation of the required goods and of his staff if work permits are required.
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Clause 18.1-Engagement of Labour
“The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour with the required qualifications and experience from sources within Kenya”.
Sub-Clause 18.3 – Working Hours
The normal working hours at the site are between 7:45 a.m. and 5:00 p.m. on weekdays. The Contractor may arrange to work any other periods he wishes between 7:00 a.m. and 7:00 p.m. to meet the contract programme. Work outside this period and weekend or public holiday working shall only be carried out where specifically approved by the Engineer. Where the Contractor chooses to work in excess of eight hours a day or to work at weekends there shall be no additional cost added to the contract price.
Sub-Clause 25.1 – Time for Completion
Time for Completion means the time for completing of the Works or any section or portion thereof as tendered by the Contractor in the Schedule of Deliveries and included in the Letter of Award. This period shall include up to the end of all Tests on Completion but it may exclude any subsequent period required for minor finishing works, demobilization of the Contractor’s site establishment.
Sub-Clause 27.1 – DELAY IN COMPLETION
Delete the clause entirely and substitute with the following:
“If the Contractor fails to comply with the Time for Completion in accordance with Clause 29.1, the whole of the works or, if applicable, any Section within the relevant time prescribed by Clause 25.1, then the Contractor shall pay to Employer liquidated damages for such default (which sum shall be the only monies due from the Contractor for such default) for everyday or part of a day which shall elapse between the relevant Time for Completion and the date stated in a Taking-Over Certificate of the whole of the works or the relevant section, at the rate of 0.05% of the Contract Price, subject to a limit of 10% of the Contract Price. Employer may, without prejudice to any other method of recovery, deduct the amount of such damages and shall not relieve the Contractor from his obligation to complete the works, or from any other of his obligations and liabilities under the contract. If, before the Time for Completion of the Works or, if applicable, any section, a Taking–Over Certificate has been issued for any part of the Works or of a Section, the liquidated damages for delay in completion of the remainder of the works or of that Section shall, for any period of delay after the date stated in such Taking Over Certificate, and in the absence of alternative provisions in the Contract, be reduced in the proportion which the value of the part so certified bears to the value of the whole of the Works or Section, as applicable. The provisions of this Sub-Clause shall only apply to the rate of liquidated damages and shall not affect the limit thereof.”
Sub-Clause 27.2 – Prolonged Delay
If there is a Prolonged Delay in Completion and the Employer has become entitled to the maximum reduction in Contract price under Sub-Clause 27.1 and Employer terminates the Contract under Sub-Clause 27.2, then the additional amount recoverable from the Contractor by Employer shall be that part of the Contract Price which is attributable to that part of the works which cannot by reason o f the Contractor’s failure to put to the intended use.
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Sub-Clause 28.1 - Tests on Completion
The tests on Completion shall include 30-day Reliability Run at 100% of available load or generator capacity whichever is lower.
Sub-Clause 29.2 – Taking Over Certificate
On satisfactory completion of the Tests on Completion, including the Reliability Test period Employer shall issue a Taking Over Certificate. This shall show the effective date of Taking Over which shall be the date of Completion of reliability test period. This shall be the date of commencement of the Defects Liability Period.
Sub-Clause 29.3 – Use Before Taking Over
The Employer shall not use any part of the Works prior to the Completion of the Tests on Completion without the permission of the Tenderer. The Employer may use any part of the Works during its Tests to suit the Tests. Such use shall not imply Taking Over unless the Tests on that part of the Works are successful.
Clause 31.2 – Variation Order Procedure
Add the final sentence as follows:“Where the Contract provides for the payment of the contract Price in more than one currency, and varied work is valued at, or on the basis of, the rates and prices set out in the contract, payment for such varied work shall be made in the currency specified in the Contract for payment of the Contract Price.
Sub-Clause 33.1 – Terms of Payment
In addition to the provisions under Clause 33, the Terms of Payment shall be made as follows:60% within 30 days of delivery and inspection of all equipment to Site; 30% on Successful Installation and Commissioning; 10% after the defect liability period.
Sub-Clause 33.2 – Method of Application for Payment
The Contractor may make applications for Payment to Employer as set out in the Contract.
Sub-Clause 33.5 – Payment
Second line, delete “28 days” and substitute “30 days”.
Sub-Clause 33.6 – Delayed Payment
The interest rate for delayed payment is five percent (5%) per annum.
Sub-Clause 35.1 – Payment in Foreign Currency
Payment for all Works will be made in the amounts and currency specified in the Contract.
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Method of Application
Application by the Contractor for Payment shall be made to the Project Manager as set out in the Terms of Payment of the Contract.
Sub-Clause 35.3 – Rates of Exchange
The rates of exchange for the purpose of the Contract are fixed at the mean selling rates of exchange established by the Central Bank of Kenya on the date of opening of Tenders.
Sub-Clause 37.2 – Employer’s Risks
The following amendments are to be made to Sub-Clause 37.2. After “Employer’s Risks are: “insert a new sub heading as follows: “(1) Insofar as they relate to Kenya:” In (b), delete all words after “Civil War” After item (e) and before item (f) insert another new sub heading as follows: “(2) Under all circumstances” At the end of item (g) delete the semi colon and add:“Provided that the Contractor has disclaimed responsibility in writing within a reasonable time after receipt of such design.” Delete the last paragraph and substitute the following: “(3) (1) all risks (insofar as they occur on Site) which an experienced Contractor: Could not have foreseen, or Could reasonably have foreseen, but Against which he could either not reasonably take measures to prevent loss or damage to physical property or death or personnel injury occurring, or Which he could not reasonably insure against”
Sub-Clause 40.1 – Contractor’s Liability
In the first paragraph of Sub-Clause 40.1 delete the following words: “occurring before the issue of the last Defects Liability Certificate”
Sub-Clause 42.2 – Maximum Liability
The maximum liability of the Contractor to the Employer shall be the Contract Price.
Sub-Clause 43.1
Delete the first paragraph and substitute:“The Contractor shall, prior to commencement of the Works, insure the Works in the joint names of the Contractor and Employer to their full replacement value thereof plus 10% thereon to allow for any additional costs and professional fees resulting from loss or damage with deductible limits not exceeding those stated in the Preamble.”
Add the following Sub-Clause:“(c) It shall be the responsibility of the Contractor to notify the insurer of any change in the nature and
extent of the works and to ensure the adequacy of the insurance cover at all times in accordance with the provisions of this Clause.”
Add the following sub-clause:
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“(d) Such insurance shall provide for compensation to be payable in the types and proportions of currencies needed to cover the loss or damage incurred.”
Sub-Clause 43.3 – Third Party Liability
In the second line after “personal injury” add the words “to any person including any employee of the Employer.”Add the following paragraph: “The third party liability insurance should be in the joint names of the Employer and the Contractor with an extension of a cross liability cover so that the insurance shall apply to the Contractor and to the Employer as separate insured. The cover shall include the property of the Employer other than the Works.”
The amount of Insurance against third party liability taken out by the contractor shall not be less than KShs.70,000,000.00 from a reputable and accepted Insurance company.
Sub-Clause 47.1 – Labour, Materials and Transport
The Contract is on a lump sum fixed price basis.
Sub-Clause 48.1 – Customs and Import Duties
This clause is replaced by clauses 53.1 and 53.2.
Sub-Clause 49.2 – Notices to Employer
The address of the Employer for notices is:-
The Company SecretaryThe Kenya Power Stima Plaza, 7th Floor, Kolobot RoadP.O. Box 30099-00100Nairobi.Sub-Clause 50.2 – Arbitration
Delete from lines 4 and 5 the words “Rules of Conciliation and Arbitration of the International Chamber of Commerce” and replace with “Provisions of the Arbitration Act, Chapter 49 of the Laws of Kenya”.
The address of the Client for notices is:-
The Company SecretaryThe Kenya PowerStima Plaza, 7th Floor, Kolobot RoadP.O. Box 30099-00100Nairobi.
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Sub-Clause 51.1 – Applicable Law
The applicable law for this Contract shall be the law of the Republic of Kenya.
Sub-Clause 51.2 – Procedural Law for Arbitration
The procedural rules for arbitration for this Contract shall be the law of the Republic of Kenya.
Sub-Clause 51.3 – Language and Place of Arbitration
The language of arbitration is the English language. The place of arbitration shall be Nairobi, Kenya.
Clause 53.1 – Foreign Taxation
The prices tendered by the Contractor shall include all taxes, duties and other charges imposed outside the Employer’s country on the production, manufacture, sale and transport of the Constructional Plant, materials and supplies to be used on or furnished under the Contract, and on the services performed under the Contract.
Clause 53.2 – Local Taxation
The prices tendered by the Contractor for materials imported by him shall include all customs duties, and Value Added Tax and other charges imposed by the Republic of Kenya. Nothing in the contract shall relieve the Contractor from his responsibility to pay any tax that may be levied in the Employer’s country on profits made by him in respect of the Contract.
Clause 53.3 – Income Taxes on Staff
The Contractor’s staff, personnel and labour will be liable to pay personal income taxes in Kenya in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time in force, and the Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations.
Clause 54.1 – Joint Venture
If the Contractor is a joint venture, all partners of the joint venture shall be jointly and severally liable to the Employer for the execution of the entire Contract in accordance with its terms. The composition or the constitution of the joint venture shall not be altered without the prior consent of the Employer.
Clause 55.1 – Import License
The Contractor will be responsible for obtaining the necessary Import Declaration Form (IDF) required under Kenyan regulations for the import into Kenya of all the Goods being supplied from outside of the country, and for all the administrative work associated therewith.
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Clause 55.2 – Temporary Import Bond
An import bond is required for equipment brought into Kenya duty free and which will be returned after the contract completion. The bond is discharged when the equipment is re-exported. The Contractor shall meet the cost of this bond.
Clause 56.1 – Pre-Shipment Inspection
Kenyan regulations require that all imported goods be inspected prior to shipment to verify quality and quantity. The names of the Inspection Agencies appointed by the Kenyan authorities to act under this Contract will be notified to the Contractor on the Import License, which is obtained by the Contractor. The pre-shipment inspection authorizes the Contractor to ship the goods.
The Contractor should establish contact and liaise with the Inspection Agencies, unpacking, handling etc. shall be paid for by the Contractor. The Contractor shall give at least 21 days notice before shipment to the Inspection Agency indicating the place where the goods may be inspected and the expected time of shipment. When requesting pre-shipment inspection the Contractor shall provide the Inspection Agency with a copy of the pro-forma invoice, Contract and any other document relevant to the execution of the inspection. On Completion of inspection the Inspecting Agency will issue a report of finding which will be either. i) A Clean Report of Findings if the inspection yields a satisfactory result, or ii) A Non –negotiable Report of Findings if the inspection reveals deficiencies. In the case of a Clean Report the Contractor shall provide the Inspection Agency immediately after shipment with a non-negotiable copy of the Bill of Lading or Air Waybill and a copy of the final invoice covering the Goods. When these documents have been received the Clean Report of findings will be issued. The Contractor is warned against the shipment of Goods, which have not been inspected, or goods for which a Non-negotiable Report of Findings has been issued by the Inspection Agency.
The Inspection of goods does not relieve the Contractor of its contractual obligations to the Employer, and items may be rejected by the Engineer if they fail to meet the requirements of the Contract even though they have been cleared by the Inspection Agency for shipment.
Clause 57.1 – Bribery and Corruption
If the Contractor or any of its sub-contractors, agents or and servants shall offer or give or agree to person any bribe, gift, gratuity or commission as an inducement or regard for doing or forebearing to do any action in relation to the Contract or any other Contract with the Employer or for showing or forebearing to show favour or disfavour to any person in relation to the Contract or any other contract with the employer then the Employer may enter upon the Site and expel the contractor therefrom and the provisions of Clause 45 shall apply as if such entry and expulsion had been made pursuant to that Clause.
Clause 58.1 – Advertising
Any advertising mentioning the subject of this Contract must be approved by the Employer prior to publication which approval will not be unreasonably withheld.
Clause 59.1 – Individuals not Personally Liable
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No member or officer of the Employer nor any one of the respective staffs or the employees of the Employer shall be in any way personally liable for the acts or obligations of the Employer under the Contract or answerable for any default of omission of the Employer in the observance or performance of any of the acts, matters or things which are herein contained.
Clause 61.1 – Progress Reports and Meetings
The Contractor will submit to Project Manager written detailed progress reports on monthly basis, indicating, the stage reached in the delivery and site works.
The Contractor will be required to attend progress meeting at Employer’s site office as per agreed schedule by the two parties.
Clause 64.1 – Details to be Confidential
The Contractor shall treat the details of the Contract as confidential, save insofar as may be necessary for the purposes thereof, and shall not publish or disclose the same or any particulars thereof, and shall not publish or disclose the same or any particulars thereof in any trade or technical paper or elsewhere without the previous consent in writing of the employer or the Engineer. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the contract the same shall be referred to the decision of the Employer whose award shall be final.
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PART II – SPECIAL CONDITIONS
(The Clauses referred to in Part II – Section A are those where the provision in the General Conditions (Part I) refer to an alternative solution to be stated in Part II. The provisions in the General Conditions will apply unless an alternative solution is given in Part II – Section A. The clauses in this section need therefore not be completed, but must be completed if alternative solutions to the relevant Part I provisions are necessary.)
1.0 Conditions Precedent to Commencement (Sub-clause 1.1.1.)
The following financial and administrative requirements are conditions precedent to commencement: Submission of performance bond.
2.0 Defects Liability Period (Sub-clause 1.1.11.)
The Defects Liability Period is Twelve (12) Months.
3.0 Operation and Maintenance Manuals (Sub-clause 6.6.)
Operation and Maintenance Manuals shall be in English language.
4.0 General Obligations (Sub-clause 8.1.)
6.1 The following facilities will be provided by the Employer: NONE.6.2 The facilities will be provided at the following rates: N/A
5.0 Performance Security (Sub-clause 10.1)
The Contractor shall obtain a Performance Security of 10% of the contract price.
6.0 Contractor Equipment (Sub-clause 14.1)
The following items of Contractor’s Equipment will be provided free of charge by the Employer for the Contractor’s use: None.
7.0 Price Variation
Contract price variation shall not be allowed.
8.0 Delayed Payment (Sub-clause 33.6.)
The interest rate for delayed payment is simple interest at a rate three percentage points above the Central Bank of Kenya’s average rate for base lending prevailing as of the first day the payment becomes over due.
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9.0 Customs and Import Duties (Sub-clause 48.1.)
The Contractor shall pay for customs, import duties and taxes in consequence of the importation of the Plant.
10.0 Arbitration (Sub-clause 50.2)
The rules of arbitration shall be those contained in the Arbitration Act of the Laws of Kenya.
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SECTION VI
SUMMARY OF EVALUATION PROCESS
Evaluation of duly submitted tenders will be conducted along the following three main stages: - 6.1 Part 1 - Preliminary Evaluation Criteria Under Paragraph 25 of the instructions to tenderer ( ITT).
These are mandatory requirements. This shall include confirmation of the following: -
6.1.1 Submission of Tender Security - Checking its validity, whether it is Original; whether it is issued by a local bank; whether it is strictly in the format required in accordance with the sample Tender Security Form(s).
6.1.2 Submission of Declaration Form(s) duly completed and signed.
6.1.3 Submission and considering Tender Form duly completed and signed.
6.1.4 Submission and considering the following:- 6.1.4.1 For Local Tenderers:
a) Company or Firm’s Registration Certificate b) PIN Certificate.c) Valid Tax Compliance Certificate.
6.1.4.2 For Foreign Tenderers:a) Company or Firm’s Registration Certificateb) PIN Certificate or its equivalent in the country of bidder or a statement
from the tax authorities in the Tenderer’s country of origin indicating that such certificate or its equivalent is not issued.
c) Valid Tax Compliance Certificate or its equivalent in the country of bidder or a statement from the tax authorities in the Tenderer’s country of origin indicating that such certificate or its equivalent is not issued.
6.1.5 That the Tender is valid for the period required.
6.1.6 Submission and considering that the required number of sets (original and copies) of Tender.
6.1.7 Submission and considering the Confidential Business Questionnaire:-a) Is fully filled. b) That details correspond to the related information in the bid.c) That the Tenderer is not ineligible as per paragraph 2 of the ITT.
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6.1.10 Submission of a copy of the Manufacturer’s valid and applicable quality management system certification i.e. ISO 9001:2008.
6.1.11 Submission of the following- a) Catalogues and/or Brochures b) Manufacturer’s Drawingsb) Commentary on Schedule of Guaranteed Technical Particulars.
6.1.12 Record of unsatisfactory or default in performance obligations in any contract shall be considered. This shall include any Tenderer with unresolved case(s) in its performance obligations for more than two (2) months in any contract. Any Tenderer with such a record or unresolved case will not be considered for further evaluation.
6.1.13 Notwithstanding the above, considering any outstanding orders where applicable and the current production capacity of the Manufacturer and/ or Tenderer.
6.2 Part II – Technical Evaluation under paragraph 27 of instructions to tenderer (ITT). These are mandatory requirements. It will include the following stages.
6.2.1 Evaluation of the following technical information against Tender Requirements and Specifications:- 6.2.1.1 For goods manufactured outside Kenya, applicable relevant valid ISO 9001
certification 6.2.1.2 For goods manufactured in Kenya - valid KEBS Diamond Mark of Quality Certificate
or KEBS Standardisation Mark Certificate.6.2.1.6 As contained in the following documents –
a) Manufacturer’s Warrantyb) Catalogues and or Brochures and or Manufacturer’s drawingsd) Schedule of Guaranteed Technical Particulars as per Technical Specifications.
6.2.2 Detailed Technical Evaluation
a) The Schedule of Guaranteed Technical Particulars (GTP) shall be evaluated against Tender Specifications to confirm compliance of the goods and services to the specifications and evaluation of any deviations and exceptions declared by the Tenderer.
c) Identifying and determining any deviation(s) from the requirements; errors and oversights.
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6.2.3 Additional Technical Requirements
6.2.3. 1 Mandatory requirements
No Description requirements compliance1 Defects liability period of 12 Months Confirm2 Noise reduction material sample for
500kVA gensetSubmit
3 Noise reduction material sample for 150kVA genset
Submit
4 Manufacturer’s letter of authorization Attach 5 500kVA genset enclosed in a standard 6
m (20ft) steel containerAttach catalogue or photo of sample genset in standard 6m (20ft) steel container
6 150kVA genset enclosed in a steel canopy
Attach catalogue or photo of sample genset canopy
7 Exhaust system super silenced with a height of 6 metres above the ground
Attach design drawing or photo of sample
8 Completion period Attach proposed program of works
Remarks
6.2.3.2 Additional Technical Requirements (Scoring Criteria). Bidder to insert comments indicating reference for supporting documents.
I ENGINENO. DESCRIPTION KP’S REQUIREMENT MAR
KSTENDERER’S DETAILS/ RESPONSE [Enter value or Yes or No as appropriate]
EVIDENCE FROM SUPPORT DOCUMENT: Name of Document and Page No.
1 Neatness of document including binding, clarity, labeling, referencing and relevance of attached documents
As per clause 3.20 of the instructions to the tenderer’s
10
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2 Experience in similar projects/works through reference letters from organization provided with the service.
Attach completion certificates for similar jobs carried out with contacts details of the signing authority (10 marks for each).
60
3 Qualification of Key staff through CV/ certificates
Team leader(s).
At least Bachelors Degree in Mechanical/ Electrical/ Mechatronics (Each Certificate 4 Marks)
4
Technical staff
Diploma in Mechanical/ Electrical/ Mechatronics (Each certificate 1 Mark)
4
Certificate/ Craftsman in mechanical/ electrical (Each Certificate 1 Mark)
2
4 Manufacturer’s name for engine
State and attach catalogue
2
5 Manufacturer’s name for alternator
State and attach catalogue
2
6 Engine type - Turbocharged – aftercooled, pressure lubricated, 4-stroke diesel engine
Attach catalogue 4
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7 Governor Type - Electronic with automatic voltage regulation
To Provide 3
8 Coolant level switch to sense loss of engine coolant
To confirm it is included in the engine design
4
9 Lubrication oil drain pump
Attach catalogue 5
TOTAL 100
Total marks for section I is 100
II AUXILIARIESDESCRIPTION KP’S REQUIREMENT MAR
KSTENDERER’S DETAILS/ RESPONSE [Enter value or Yes or No as appropriate]
EVIDENCE FROM SUPPORT DOCUMENT: Name of Document and Page No.
1 Service fuel tank -1350 litre minimum capacity, rectangular mild steel complying with requirements of BS 799: part 5, to be fitted with a ball valve at the lowest level for daily water draining
Attach proposed design 40
2 Exhaust system Super silenced so that noise level to be not more than 85 dBA at one metre
To provide 20
3 Starting batteries - heavy duty lead acid type, as recommended by the set manufacturer, battery tray and holding down clamps incorporated within the rails of the base plate
To provide 10
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4 Audible alarm horn to signal a generator set shutdown fault condition
To Provide 10
5 Hand pump State make and country of origin
20
Total 100
Total marks for section II is 100
III TOOLSDESCRIPTION KP’S REQUIREMENT MAR
KSTENDERER’S DETAILS/ RESPONSE [Enter value or Yes or No as appropriate]
EVIDENCE FROM SUPPORT DOCUMENT: Name of Document and Page No.
1 Cylinder liner puller with puller plate for the make of engine offered
State country of origin 4
2 Liner installation tool
State country of origin 4
3 Piston ring expander State country of origin 44 Piston ring wear
gaugeState country of origin 4
5 Piston ring compressor sleeve
State country of origin 4
6 Valve seat extractor kit
State country of origin 4
7 Valve spring compressor
State country of origin 4
8 Standard tool kit State country of origin and attach list of tools to be included
4
9 Standard mechanical tool box
State country of origin 5
10 Standard electrical tool box
State country of origin 5
11 Connecting rod guide pins
State country of origin 4
12 Main bearing cap puller
State country of origin 4
13 Injector adjustment tool
State country of origin 4
14 Camshaft bushing removal/installation kit
State country of origin 4
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15 Injector puller State country of origin 416 Primary injection
test kitAttach catalogue and state country of origin
4
17 Secondary injection test kit
Attach catalogue and state country of origin
4
18 Phase rotation meter Attach catalogue and state country of origin
4
19 1 kV Megger Attach catalogue and state country of origin
4
20 Cordless impact wrench
Attach catalogue and state country of origin
2
21 Clamp on meter Attach catalogue and state country of origin
2
22 Fluke temperature gun
Attach catalogue and state country of origin
2
23 Electric hand drill Attach catalogue and state country of origin
2
24 Electric angle grinder
Attach catalogue and state country of origin
2
25 Electric blower 800W
Attach catalogue and state country of origin
2
26 Lifting jig as per attached photo
Attach catalogue and state country of origin
4
27 Climping tool for capacity of 50 - 300 square mm.
Attach catalogue and state country of origin
3
28 Trumeter: Trundle wheel measuring metric meter
Attach catalogue and state country of origin
3
Total 100
Total marks for section III is 100
The total marks are 100%. The pass mark is 70 %. Only those bidders who obtain the mandatory cut off point shall be considered. The marks will be weighted as follows:
Tenders will proceed to Financial Evaluation stage only if they comply with Parts I and II i.e. Preliminary and Technical stages.
Section WeightI 70%II 5%III 25%Total 100%
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3 Part III – Financial Evaluation under Paragraph 28 of the ITT. These are mandatory requirements. a) Confirmation of the authenticity and sufficiency of the submitted Tender Security.b) Confirmation of and considering Price Schedule duly completed and signed.c) Checking that the Tenderer has quoted prices based on Delivery Duty Paid (DDP) terms,d)* Checking submission of audited financial statements required which must be those that
are reported within fifteen (15) calendar months of the date of the tender document. e) Conducting a financial comparison, including conversion of tender currencies into one
common currency, f) Correction of arithmetical errors, g) Taking into account the cost of any deviation(s) from the tender requirements,h) Ascertaining the financial capability through Last Financial Year’s audited financial
statements. The statements will provide details for determining the liquidity and solvency status of the bidders. The applicable and acceptable ratios are as follows;1) The acceptable ratios to KPLC are as follows:-
(i.) Current ratios i.e. current assets: current liabilities should meet the threshold of at least 0.5:1
ii) Solvency ratios i.e. Debt to Assets Ratio. Should meet the threshold of at least 1:0.5
iii) Turnover in the Last Financial Year i.e. twelve months of at least 75% of the total tender value.
2) The Tenderer should have at least 10% of the total tender value in cash assets in the Balance Sheet provided as part of the audited financial statements.
3)* For companies or firms that are registered or incorporated within the last one calendar year of the Date of the Tender Document, they will not be evaluated on (1) and (2) above, but will instead be evaluated on the basis of having at least a spot balance of 20% of the total tender value evident from the certified bank statements provided.
i) Considering information submitted in the Confidential Business Questionnaire against other information in the bid including:- i) Declared maximum value of businessii) Shareholding and citizenship for preferences where applicable.
3.2 Confirming the following: - 3.2.2 That the Supplier’s offered Terms of Payment meets KP’s requirements.
3.2.3 Completion period is realistic as specified in the tender document.
NB. Tenders which do not satisfy any of the following requirements set out above SHALL be rejected as per Public Procurement and Disposal Regulations 2006 49 (2) and shall not proceed to financial evaluation stage.
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SECTION VII:
SPECIFICATIONS
Notes for preparing Specifications
1.0 Specifications must be drafted to present a clear and precise statement of the required standards of materials, and workmanship for tenderers to respond realistically and competitively to the requirements of the employer and ensure responsiveness of tenders. The Specifications should require that all materials, plant, and other supplies to be incorporated in the Works be new, unused, of the most recent or current models, and incorporating all recent improvements in design and materials unless provided otherwise in the Contract. Where the Contractor is responsible for the design of any part of the permanent Works, the extent of his obligations must be stated.
2.0 Specifications from previous similar projects are useful and it may not be necessary to re- write specifications for every works contract for universal application.
3.0 There are considerable advantages in standardizing General Specifications for repetitive Works in recognized public sectors, such as highways urban housing, irrigation and water supply. The General Specifications should cover all classes of workmanship, materials and equipment commonly involved in constructions, although not necessarily to be used in a particular works contract. Deletions or addenda should then adapt the General Specifications to the particular Works.
4.0 Care must be taken in drafting Specifications to ensure they are not restrictive. In the specifications of standards for materials, plant and workmanship, existing Kenya Standards should be used as much as possible, otherwise recognized international standards be used.
5.0 The Employer should decide whether technical solutions to specified parts of the Works are to be permitted. Alternatives are appropriate in cases where obvious (and potentially less costly) alternatives are possible to the technical solutions indicated in tender documents for certain elements of the Works, taking into consideration the comparative specialized advantage of potential tenderers.
The Employer should provide a description of the selected parts of the works with appropriate reference to Drawings, Specifications, Bills of Quantities, and Design or Performance criteria, stating that the alternative solutions shall be at least structurally and functionally equivalent to the basic design parameters and specifications.
Such alternative solutions shall be accompanied by all information necessary for a complete evaluation by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, proposed construction methodology, and other relevant details. Technical alternatives permitted in this manner shall be considered by the Employer each on its own merits and independently of whether the tenderer has priced the item as described in the Employer’s design included with the tender documents.
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GENERAL AND TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS FOR NEW ENCLOSED DIESEL GENERATORS FOR ELWAK, MERTI AND BARAGOI POWER STATIONS
PART I
A. Diesel Gen-Set Specifications
1.1 Scope
Supply a complete and operable Electric system, including all devices and equipment specified herein, or required for the service. Equipment shall be new, factory tested, and delivered ready for installation to work in the Elwak, Merti and Baragoi Off-grid Systems.
Requirements:(a) 1x500 kVA, 415V 3-ph Enclosed Diesel Generator sets complete with super silenced
residential exhausts and other associated equipments for Elwak(b) 2x150 kVA, 415V 3-ph Enclosed Diesel Generator sets complete with super silenced
residential exhausts and other associated equipments for Merti and Baragoi(c) Three battery chargers, one for each station(d) 40m power and control cables set for each generator(e) Fuel service tank for each diesel generator(f) Tools as specified(f) Spare parts set for each generator
1.2 Submittals
Within 28 days after award of contract, provide two sets of the following information for review:(a) Manufacturer’s product literature and performance data, sufficient to verify compliance to
specification requirements.(b) A paragraph by paragraph specification compliance statement, describing the differences
between the specified and the proposed equipment.(c) Manufacturer’s certification of prototype testing.(d) Shop drawings showing plan and elevation views with certified overall dimensions, as well
as wiring interconnection details.(e) Interconnection wiring diagrams showing all external connections required; with field
wiring terminals marked in a consistent point-to-point manner.(f) Manufacturer’s installation instructions.
1.3 Warranty – Basic One Year Cover
The complete diesel generator and accessories is warranted against defects in materials and workmanship for a period of one year from the date of system start-up. Coverage includes parts, labour, travel expenses, and labour to remove/re-install said equipment, per the manufacturer’s standard published limited warrant.
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1.4 Single Tenderer
The Tenderer shall be the manufacturer or authorized distributor, who shall provide initial start-up services, conduct field acceptance testing, and warranty service. The Tenderer shall have 24-hour service availability and factory-trained service technicians authorized to perform warranty service on all products provided.
1.5 Manuals
Operator’s manuals shall be provided for all system equipment. The manuals shall include outline, interconnection, wiring, and control drawings accurately describing the equipment provided. Provide 3-sets of:
(a) Operations and maintenance manuals(b) Engine shop manuals(c) Specification Catalogues
1.6 One Year Maintenance
The Tenderer will be required to provide spares for the required maintenance for the first one year. The Tenderer will carry out all required preventative maintenance as per the recommendations of the manufacturer. This will include parts, labor and travel expenses at no extra cost. During this time, the Tenderer will train KP staff so as to ensure smooth handover of the equipment.
1.7 One Week Operation
The Tenderer will be required to operate the diesel generator for seven (7) days during which time he will train KP operators on how to operate the plant.
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B: Generator Sets - 1x500 kVA and 2x150kVA
2.1 Generator Set – Prime Power
The generator set shall run at 1500 rpm to supply power at 50Hz. The prime Power rating of the set shall be slightly above the stated kVA, at temperatures up to 45º degrees Centigrade and Altitude at stated elevation. There shall be a 10% overload capacity available for one hour in twelve. The ENCLOSED 500 kVA set shall be in 20 feet standard steel containers as specified below with a super silenced residential exhaust system. The two 150kVA sets shall be enclosed by standard super silenced steel canopy. The noise level must be less than 85 dBA at 1m. The steel container and canopies shall be new and have protective painting of 2 coat RAL9001 epoxy and polyurethane so as to withstand normal atmospheric conditions for the tropics without requiring any housing. The Tenderer shall provide required cable trays for physical protection of the cables between the generator and the control room. The generator container shall have inspection doors on both sides to facilitate day to day minor service. The minimum requirements for the engine container shall be as follows:
Steel Container for 500kVA genset(i) Three inspection doors on each side for day to day inspection and minor maintenance
of the engine.(ii) The walls of the container shall be lined with 5 cm thick noise absorbing material.
The noise absorbing material shall be lined on the inside with perforated steel plate for strength and durability.
(iii) Door with anti-panic bar.(iv) Lighting with fluorescent tubes 2x40w.(v) 2 power sockets 10/16 amps plus earth rectangular type (British).(vi) 1x 9 kg carbon dioxide fire extinguisher.(vii) Acoustic baffles for air inlet and exhaust.(viii) Two table fans for use during Maintenance.
Steel Canopy for 150kVA gensets(i) Double inspection doors on each side for day to day inspection and minor
maintenance of the engine. Single inspection door on the front side.(ii) The walls of the container shall be lined with 3cm thick noise absorbing material that
is heat proof and fire retardant. (iii) Provision for single lifting hook for crane on top of the canopy with necessary
reinforcement.(iv) Acoustic baffles for air inlet and exhaust.
2.2 Performance
2.2.1 Voltage regulation
The voltage regulation shall be +/- 0.5% at any power factor between 0.8 lagging and unity, at any load from no load or rated load, at any temperature from hot to cold and at speed droop variations up to 4.5% of rated speed
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2.2.2 Frequency regulation
The frequency regulation shall be isochronous from steady state no load to steady state rated load. The random frequency variation shall not exceed +/- 0.25% of its mean value for constant loads at any load from no load to rated load.
2.3 Engine
The engine shall be an approved, turbocharged-aftercooled, pressure lubricated, 4 stroke diesel engine. Two stroke engines are not acceptable. Engine accessories and features shall include:
2.3.1 Engine coolant drain tap.
2.3.2 Electronic governor system to provide automatic frequency regulation. The speed control from no load to rated load shall be adjustable from 0% droop (isochronous) to 5% droop.
2.3.3 The engine shall be cooled by a baseframe mounted radiator and cooling system rated for full load operation in an ambient temperature of 50 degrees centigrade measured at the generator air inlet. The radiator shall be provided with a duct adapter flange. The cooling system shall be filled with 50/50 ethylene glycol/water mixture by the equipment supplier. Rotating parts shall be guarded against accidental contact in accordance with EN 294 requirements.
2.3.4 Liquid level switch to sense loss of engine coolant. When the coolant level is below that recommended by the engine manufacturer, a “Low Coolant Level” alarm shall be given on the Generator Set Control panel.
2.3.5 Engine mounted sensor to detect engine coolant temperature. When the engine coolant temperature is above that recommended by the engine manufacturer, a “High Engine temperature” alarm shall be given on the Generator Set Control panel.
2.3.6 Electric starting motor(s) capable of three complete cranking cycles without overheating.
2.3.7 Positive displacement, mechanical, full pressure, lubrication oil pump.
2.3.8 Engine mounted sensor to detect engine oil pressure. When the engine oil pressure is below that recommended by the engine manufacturer, a “Low Oil Pressure” alarm shall be given on the Generator Set Control panel.
2.3.9 Engine mounted manual pump to enable the .lubricating oil to be pumped from engine sump during routine oil change operation
2.3.10 Engine driven, mechanical, positive displacement fuel pump. Fuel filter with replaceable spin-on canister element.
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2.3.11 Heavy-duty replaceable dry element air cleaner with restriction indicator.
2.3.12 Flexible supply and return fuel lines.
2.3.13 Engine mounted battery charging alternator, 35 ampere minimum, and solid-state voltage regulator.
2.4 AC Generator – Prime Power
2.4.1 The generator shall be capable of delivering rated output (kVA) at rated frequency and power factor, at any voltage not more than 5 per cent above or below rated voltage.
2.4.2 A permanent magnet (PMG) exciter and 3 phase voltage regulator shall be included to provide optimum generator excitation and output voltage regulation performance.
2.4.3 The generator shall be fitted with a kit to reduce emissions of RFI and to improve immunity to RFI (Radio Frequency Interference).
2.4.4 The generator shall be fitted with an embedded temperature detector (ETD) to detect the temperature of the windings. When the temperature of the windings is above that recommended by the generator manufacturer, a “High Alternator Temperature” warning shall be given on the Generator Set Control panel.
2.4.5 The generator shall be provided with a voltage regulator having shunt excitation to reduce field current in response to transient frequency dips when large electrical loads are connected to the generator set.
2.4.6 The generator shall be provided with a paralleling droop compensator for adjusting the share of total reactive current carried by each generator set.
2.5 Engine-Generator Set Control
The enclosed control panel shall be mounted on the generator set with anti-vibration mountings. The generator set mounted control panel shall include the following features and functions
2.5.1 Three-position control switch labeled RUN/OFF/AUTO
(a) In the RUN position the generator set shall manually start, and accelerate to rated speed and voltage.
(b) In the OFF position the generator set shall immediately stop, bypassing all.- Time delays. The position is also used to clear a fault and allow restarting.- The generator set after it has shut down for any fault condition.
(c) In the AUTO position the generator set shall be ready to accept signal from.- A remote device to start and accelerate to rated speed and voltage.
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2.5.2 Generator Set AC Output Metering
The generator set shall be provided with a metering set with the following features and functions:(a) Analog AC Voltmeter, dual range, 90 degree scale, 2% accuracy(b) Three number Analog AC Ammeter, dual range, 90 degree scale, 2% accuracy:
Analog frequency/RPM meter, 45-65 Hz, 1350-1950 RPM, 90 degree scale, +/-6% accuracy
(c) Seven position phase selector switch with OFF position to allow meter display of line to line and line to neutral voltages.
(d) Digital metering set, 0.5% accuracy, to indicate generator voltage and frequency, output current, output kW, kW-hours, and power factor. Generator output voltage display shall be available in line-to-line or line-to-neutral voltage simultaneously.
2.5.3 Generator Set Alarm and Status Display
The generator set shall be provided with alarm and status indicating lamps to indicate existing alarm and shutdown conditions. The lamp condition shall be clearly apparent under bright room lighting conditions. The generator set control shall indicate the existence of the following alarm and shutdown condition on the display panel:(a) Low oil pressure (shutdown)(b) High coolant temperature (shutdown)(c) Emergency stop operated (shutdown)(d) Overspeed / overfrequency (shutdown(e) Battery charge alternator failed (alarm)(f) Under speed / underfrequency (shutdown)(g) Coolant low (alarm)(h) Coolant low (shutdown)(g) Set failed to tart (shutdown)
2.5.4 Engine Status Monitoring
The following information shall be available from devices and from a digital status panel on the generator set control:(a) Engine coolant temperature (degrees C)(b) Engine oil temperature (degrees C)(c) Engine speed (rpm)(d) Number of hours of operation (hours).(e) Number of start attempts.(f) Battery voltage (DC volts)(g) Fuel consumed (litres)
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2.5.5 Control Functions
The control system provided shall include a cycle cranking system, which shall be for 3 cranking periods of 10 seconds each with 10 second rest period between cranking periods.
The control system shall include an engine speed governor control, which functions to provide steady state frequency regulation as noted elsewhere in this specification. The governor control will include adjustments for gain, damping and a ramping function to control engine speed and limit exhaust smoke while the unit is starting. The governor control shall be suitable for use in paralleling applications without component changes.
The control system shall include time delay start (adjustable 0-300 seconds) and time delay stop (adjustable 0-600 seconds) functions.
The control system shall include all interfaces necessary for proper operation with the paralleling equipment provided under this contract. The generator set Tenderer shall be responsible for complete compliance to all specification requirements for both the generator set and the paralleling equipment.
2.5.6 Generator Control Functions
The generator set shall include an automatic voltage regulation system that is matched and tested with the engine speed governing system provided. It shall be immune from malfunction due to load – induced voltage wave form distortion and provide a pulse width modulated output to the generator exciter.
The voltage regulation system shall be equipped with three-phrase RMS sensing and shall control buildup of AC generator voltage to provide a linear rise and limit overshoot. The system shall include a torque-matching characteristic, which shall reduce output voltage in proportion to frequency below a threshold of (48/49 or 58/59 HZ).
The voltage regulator shall include adjustments for gain, damping, and frequency roll-off. Adjustments shall be brad range, and made via digital raise-lower switches, with an alphanumeric LED readout to indicate setting level.
The voltage regulation system shall include provisions for reactive load sharing and electronic voltage and frequency matching for paralleling applications. Motorized voltage adjust pot is not acceptable for voltage matching.
Controls shall be provided to monitor the output current of the generator set and initiate an alarm when load current exceeds 110% of the rated current of the generator set on any phase for more than 60 seconds. The controls shall shut down and lock out the generator set when output current level approaches the thermal damage point of the generator.
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Controls shall be provided to monitor the kW load on the generator set, and initiate an alarm condition when total load on the generator set exceeds the generator set rating for in excess of 5 seconds.
Controls shall include a load-shed control, to operate a set of volt-free contacts (for use in shedding customer load devices) when overload of the generator set occurs.
An AC over/under voltage monitoring system that responds only to true RMS voltage conditions shall be provided. The system shall initiate shutdown of the generator set when alternator output voltage exceeds 110% of the operator-set voltage level for more than 10 seconds, or with no intentional delay when voltage exceeds 130%. Under voltage shutdown shall occur when the output voltage of the alternator is less than 85% for more than 10 seconds.
A battery monitoring system shall be provided which initiates alarm when the DC control and starting voltage is less than 25 VDC or more than 32 VDC. During engine starting, the low voltage limit shall be disabled, and if DC voltage drops to less than 14.4 volts for more than two seconds a “weak battery” alarm shall be initiated.
2.6 Base Design
The engine-generator set shall be mounted on a heavy duty steel baseplate to maintain alignment between components with bonded rubber anti-vibration units positioned between the engine and alternator support feet and the baseplate.
2.7 Auxiliaries
2.7.1 1350 litre Service Fuel Tank
Provide a 1350 litre capacity, rectangular, mild steel, single skin fuel storage tank for each gen. set. The tank shall comply with the requirements of BS799: Part 5 and shall be complete with:(a) Fill connection(b) Vent connection(c) Fuel level sight gauge(d) Drain connection(e) Delivery connection(f) Fuel meter(g) Level switch connection (h) Multi-position float switch with five positions to detect and control the
following functions:-(i) Very high fuel level (warning)(ii) Very low fuel level (warning)(iii) High and low fuel levels (pump control)(iv)Very very low fuel level (shutdown)
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2.7.2 Manual Fuel Hand Pump
A manual fuel transfer hand pump, suitable to transfer fuel by hand from temporary fuel storage to the generator set day tank.
2.7.3 Super Silenced Residential Exhaust System
Super silenced residential engine exhaust system shall be provided for each engine, size and type as recommended by the generator set manufacturer to meet the sound attenuation level of a residential environment of not more than 85 dBA at 1 metre. Exhaust system shall be installed according to the recommendations of the generator set manufacturer and applicable codes and standards. The exhaust system shall be designed and installed in such a way that the exhaust fumes are released not less than six (6) metres above the ground.
2.7.4 Flexible Exhaust Pipe
Flexible exhaust pipe for connecting the engine exhaust outlet to the exhaust system as recommended by the generator set manufacturer.
2.7.5 Lead Acid Starting and Control Batteries
Starting battery bank, heavy-duty lead acid type, 12 volt DC, sized as recommended by the generator set manufacturer, shall be supplied for each generator set with battery leads and connectors. A battery tray and holding down clamps shall be incorporated within the rails of the baseplate.
2.7.6 Battery Charger – Lead Acid batteries
A 5 or 10 amp voltage regulated battery charge, suitable for lead acid batteries, shall be provided for each station. The charger may be set or wall mounted at the discretion of the installer. Input AC voltage and output DC voltage shall be as required. The charger shall be equipped with means to select float or boost charge settings.
2.7.8 Audible Alarm
Audible alarm horn to signal a generator set shutdown fault condition. When any condition that causes the control to shutdown the generator set, the audible alarm horn shall be activated. Means shall be provided to mute the alarm and reset the detection circuit in the generator Set Control panel.
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C: Minimum Tools and Spares
I. Tools
NO DESCRIPTION QUANTITYELWAK MERTI BARAGOI
1 STANDARD TOOL KIT (SET) AS RECOMMENDED BY MANUFACTURER
1 1 1
2 STANDARD MECHANICAL TOOL BOX (LIST OF TOOLS IN THE BOX AS SHOWN IN (a) BELOW)
1 1 1
3 STANDARD ELECTRICAL TOOL BOX (LIST OF TOOLS IN THE BOX AS SHOWN IN (b) BELOW)
1 1 1
4 CORDLESS IMPACT WRENCH COMPLETE ( 18V, 3.0AH);SUPPLIED WITH 2 X B18 3.0 AH LI-ION BATTERIES, HAND STRAP AND INSTRUCTION MANUAL IN AN IMPACT RESISTANT, PLASTIC TOOL BOX, COMPLETE WITH SET OF BOX SPANNERS 6-22MM
1 1 1
5 ELECTRIC HAND DRILL OF CHUCK CAPACITY OF 1.5 – 13 MM
1 1 1
6 ELECTRIC ANGLE GRINDER OF 180 MM DISC DIAMETER
1 1 1
7 ELECTRIC BLOWER 800W 1 1 18 CYLINDER LINER PULLER WITH PULLER PLATE 1 1 19 LINER INSTALLATION TOOL 1 1 110 PISTON RING EXPANDER 1 1 111 PISTON RING WEAR GAUGE 1 1 112 PITON RING COMPRESSOR SLEEVE 1 1 113 VALVE SEAT EXTRACTOR KIT 1 1 114 VALVE SPRING COMPRESSOR 1 1 115 CONNECTING ROD GUIDE PINS 1 1 116 MAIN BEARING CAP PULLER 1 1 117 INJECTOR ADJUSTMENT TOOL 1 1 118 CAMSHAFT BUSHING REMOVAL/INSTALLATION KIT 1 1 119 INJECTOR PULLER20 LIFTING JIG AS PER ATTACHED PHOTO 1 1 121 PRIMARY INJECTION TEST KIT 122 SECONDARY INJECTION TEST KIT 123 PHASE ROTATION METER 124 1KV MEGGER TESTER 125 CLAMP-ON METER 126 FLUKE TEMPERATURE GUN 127 CLIMPING TOOL 50-650MM SQUARE 128 TRUMETER: TRUNDLE WHEEL MEASURING METRIC
METER1
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(a) Tool List For Mechanical Toolbox(i) Five tray empty tool box(ii) Fix spanners set 6 – 32 mm(iii) Ring spanners set 6 – 32 mm(iv) Combination spanners set 6 – 32 mm(v) Socket spanners set 6 – 32 mm complete with
ratchet and extensions(vi) Pipe wrench 24 inches(vii) Pipe wrench 14 inches(viii) Pipe wrench 10 inches(ix) Vernier caliper 8 inches(x) Internal circlip pliers 8 inches with interchangeable
jaws(xi) External circlip pliers 8 inches with interchangeable
jaws(xii) Dial gauge complete with stand (0 – 360)(xiii) Retractable utility knife 155 mm(xiv) Hacksaw frame 300 mm(xv) Adjustable spanner 150 mm(xvi) Adjustable spanner 250 mm(xvii) Adjustable spanner 600 mm(xix) High speed drill bits set (1 – 13 mm)(xx) Flat screw driver set (38 – 450 mm)(xxi) Flat screw driver set (38 – 450 mm)(xxii) Hexagonal key set metric (1 – 10 mm)(xxiii) Hexagonal key set imperial (1 – 10 mm)(xxiv) Locking pliers 125 mm(xxv) Locking pliers 175 mm(xxvi) Locking pliers 215 mm(xxvii) Soft grip locking pliers 120 mm(xxviii) Soft grip locking pliers 250 mm(xxix) Feeler gauge 32 blades imperial graduated (0.0015 –
0.035 inches)(xxx) Feeler gauge 32 blades metric graduated (0.05 – 1
mm)(xxxi) Files flat bastard 9 inches(xxxii) Files flat bastard 6 inches(xxxiii) Files flat smooth 9 inches(xxxiv) Files flat smooth 6 inches(xxxv) Files round bastard 9 inches(xxxv) Files round bastard 6 inches(xxxvi) Files half round smooth 6 inches(xxxvii) Files triangle smooth 6 inches(xxxviii) Ball pein hammer 2 lbs(xxxix) Ball pein hammer 1.5 lbs(xL) Ball pein hammer 14 oz(xLi) Spirit level 12 inches(xLii) Combination pliers 150 mm
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(xLiii) Combination pliers 200 mm(xLiv) Wire brush 100 mm (6 rows)(xLv) Wire brush 70 mm (6 rows)(xLvi) Scriber 6 inches(xLvii) Cold chisel 6 and 9 inches(xLviii) Scrapper 6 and 9 inches(xLix) Tape measure 3 M(L) Stud extracts set(Li) Needle files set (Lii) Mechanical nut splitter
(b) Tools List For Electrical Toolbox(i) Five tray empty tool box(ii) Fix spanners set 6 – 32 mm(iii) Ring spanners set 6 – 32 mm(iv) Combination spanners set 6 – 32 mm(v) Socket spanners set 4 – 13 mm complete with
ratchet and extensions(vi) Trimming knife 165 mm(vii) Hacksaw frame 300 mm(viii) Adjustable spanner 150 mm(ix) Flat screw driver set (38 – 450 mm)(x) Flat screw driver set (38 – 450 mm)(xi) Hexagonal key set metric (1 – 10 mm)(xii) Hexagonal key set imperial (1 – 10 mm)(xiii) Locking pliers 125 mm(xiv) Locking pliers 175 mm(xv) Locking pliers 215 mm(xvi) Soft grip locking pliers 120 mm(xvii) Soft grip locking pliers 250 mm(xix) Files flat bastard 6 inches(xx) Files flat smooth 6 inches(xxi) Files round bastard 6 inches(xxii) Files half round smooth 6 inches(xxiii) Files triangle smooth 6 inches(xxiv) Ball pein hammer 14 oz(xxv) Spirit level 12 inches(xxvi) Combination pliers 150 mm(xxvii) Combination pliers 200 mm(xxviii) Wire brush 70 mm (6 rows)(xxix) Tape measure 3 M(xxx) Needle files set(xxxi) Wire stripper(xxxii) Bull hole pliers 6 inches(xxxiii) Long nose pliers 6 inches(xxxiv) Soldering iron 150W(xxxv) Copper to hide mallet(xxxv) Multimeter
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(xxxvi) Crimping tool set(xxxvii) Side cutter pliers 6 inches(xxxviii) Diagonal cutting nippers 125 and 200 mm(xxxix) Junior hacksaw frame 150mm
II: Sares
ITEM DESCRIPTION QUANTITYElwak Merti Baragoi
1 Fan belt 2 2 22 Alternator belt 2 2 23 Air filter 3 3 34 Thermostat 1 1 15 Oil filter 6 6 66 Fuel filter 6 6 67 Engine Oil (litres) 210 210 2108 Battery Water (litres) 5 5 59 Engine additive (litres) 10 10 1010 Diodes set 3 3 311 AVR 2 2 212 Injectors 6 6 6
Bidder to advice on additional critical spares as an option
ITEM DESCRIPTION QTY1234
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PART II
Lv Single Core Aluminium Cables (Pvc)
0. Fore Word
0.1 This standard lays down specification for LV single core PVC insulated cables.
0.2 This specification is intended for procurement of materials and does not include provision of contract.
0.3 This specification is based on IEC 502 and BS 6346. It is subject to revision as and when required.
0.4 This specification supersedes all specifications for LV single core PVC insulated cables issued before the revision date.
1. Scope
1.1 This specification is for single core, stranded aluminium conductors, polyvinyl chloride (PVC) insulated, armoured, PVC outer sheathed power cables for operation up to and including 600 volts to sheath and 1000 volts between conductors.
1.2 This specification is for following cable sizes:630 sq. mm Aluminium conductor PVC insulated single core cable.300 sq. mm copper conductor PVC insulated single core cable.
2.0 Materials And Construction
2.1 The cable shall be made from circular stranded compact plain aluminium conductor as per IEC 228.
2.2 The insulation shall be polyvinyl chloride (PVC) complying with the requirement of IEC 502 for type PVC/A.
2.3 The insulation shall be applied by extrusion process and shall form a compact homogeneous body. The insulation shall concentrically cover the conductor
2.4 Extruded over-sheath shall be of black polyvinyl chloride (PVC).
2.5 The cable shall be clearly and permanently embossed with the following information throughout the length of the over-sheath. Letters and figures raised and consist of upright block characters. Minimum size of characters not less than 15% of average overall cable diameter.
600/1000 VOLTS PVC CABLE
Year of manufacture
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(Example: ‘600/1000 VOLTS PVC CABLE 1996’)
3.0 Standard Sizes And Characteristics
3.1 The characteristics of the cables shall comply with the following table
Item CharacteristicsConductor resistance Not more thank the value indicatedA.C. withstand voltage To withstand the indicated value for 5 min.Insulation resistance Not less than the value indicated.Tensile strength
PVC Tensile strength, minimum
12.5N/mm (1.27 Kg/mm)
Ageing requirement*
PVC Elongation, Minimum percentage of unaged value
150%
75 - 125%
* Treatment: PVC temperature 100 - 20°c
duration 168 hrs
3.2 The cable shall conform with the following requirements
Cable size 630 sq. mm 300 sq. mmNominal sectional area 630 sq. mm 300 sq. mmThickness of insulation 2.8 mm 2.4 mmThickness of outer sheath 2.2 mm 2.2 mmNominal overall diameter 38.8mm 28.0 mmApproximate net weight 6200 kg/km 3100 kg/kmTest voltage 3kV/5min 3kV/5minMaximum conductive resistance 0.007 ohms/km 0.0120 ohms/km
4.0 Tests
4.1 The cable core, sheath and completed cable shall be tested in accordance with the requirements of BS 6346.
5.0 Packing
5.1 The cable shall be wound on wooden drums such as to prevent damage during transportation. The wooden drums shall be made from treated timber resistant to termite attack.
5.2 The following description shall be marked on one flange of the reel(a) Direction of rotation of the reel(b) Type of cable(c) Number of conductors and size
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(d) Length
(e) Net weight and gross weight(f) Manufacturer’s name(g) Year of manufacture
6.0 References
6.1 The following documents were referred to during the preparation of this specification. In cases of conflict, the provisions of this specification shall take precedence.Unless otherwise specified, the latest revision, edition and amendments shall apply
IEC 502:(1983): Extruded solid dielectric insulated power cables for rated voltages from 1 kV up to 30 kV.
IEC 228(1978): Conductors of insulated cables.
BS 6346 PVC insulated cables for electricity supply
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SECTION VIII:
DRAWINGS - NONE
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SECTION IX:
BILLS OF QUANTITIES
A: Notes for preparing Bills of Quantities
1.0 Preamble To Bill of Quantities
The Bill of Quantities shall form part of the Contract Documents and is to be read in conjunction with the Instructions to Tenderers, Conditions of Contract Parts I and II, Specifications and Drawings.
The brief description of the items in the Bill of Quantities is purely for the purpose of identification, and in no way modifies or supersedes the detailed descriptions given in the conditions of Contract and Specifications for the full direction and description of work and materials.
The Quantities set forth in the Bill of Quantities are estimated and provisional, representing substantially the work to be carried out, and are given to provide a common basis for tendering and comparing of Tenders. There is no guarantee to the Contractor that he will be required to carry out all the quantities of work indicated under any one particular item or group of items in the Bill of Quantities. The basis of payment shall be the Contractor’s rates and the quantities of work actually done in fulfillment of his obligation under the Contract.
The prices and rates inserted in the Bills of Quantities will be used for valuing work executed, and the Engineer will measure the whole of the works executed in accordance with this Contract.
A price or rate shall be entered in ink against every item in the Bill of Quantities with the exception of items, which already have provisional sums, affixed thereto. The Tenderers are reminded that no “nil” or “included” rates or “lump-sum” discounts will be accepted. The rates for various items should include discounts if any. Tenderers who fail to comply will be disqualified.
Provisional sums (including Dayworks) in the Bill of Quantities shall be expended in whole or in part at the discretion of the Engineer in accordance with Sub-clause 52.4 and Clause 58 of part of the Conditions of Contract.
The price and rates entered in the Bill of Quantities shall, except insofar as it is otherwise provided under the Contract, include all Constructional plant to be used, labour, insurance, supervision, compliance, testing, materials, erection, maintenance or works, overheads and profits, taxes and duties together with all general risks, liabilities and obligations set out or implied in the Contract, transport, electricity and telephones, water, use and replenishment of all consumables, including those required under the Contract by the Engineer and his staff.
Errors will be corrected by the Employer for any arithmetic errors in computation or summation as follows:
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Where there is a discrepancy between amount in words and figures, the amount in words will govern; and
Where there is a discrepancy between the unit rate and the total amount derived from the multiplication of the unit price and the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer, there is an obviously gross misplacement of the decimal point in the unit price, in which event the total amount as quoted will govern and the unit rate will be corrected.
If a Tenderer does not accept the correction of errors as outlined above, his Tender will be rejected.
The Bills of Quantities, unless otherwise expressly stated therein, shall be deemed to have been prepared in accordance with the principles of the latest edition of the Civil Engineering Standard Method of Measurement (CESMM).
“Authorized” “Directed” or “Approved” shall mean the authority, direction or approval of the Engineer.
Unless otherwise stated, all measurements shall be net taken on the finished work carried out in accordance with the details shown on the drawings or instructed, with no allowance for extra cuts or fills, waste or additional thickness necessary to obtain the minimum finished thickness or dimensions required in this Contract. Any work performed in excess or the requirements of the plans and specifications will not be paid for, unless ordered in writing by the Engineer.
Hard material, in this Contract, shall be defined as the material which, in the opinion of the Engineer, require blasting, or the use of metal wedges and sledgehammers, or the use of compressed air drilling for their removal, and which cannot be extracted by ripping with a dozer tractor of at least 150 brake horse power (112 kilowatt) with a single, rear-mounted, hydraulic ripper. Boulders of more than 0.2m3 occurring in soft material shall be classified as hard materialSoft material shall be all material other than hard material.
2.0 The objectives of the Bills of Quantities are;
to provide sufficient information on the quantities of Works to be performed to enable tenders to be prepared efficiently and accurately;
and
when a Contract has been entered into, to provide a priced Bills of Quantities for use in the periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bills of Quantities in sufficient detail to distinguish between the different classes of Works, or between Works of the same nature carried out in different locations or in other circumstances which may give rise to different considerations of cost. Consistent with these requirements, the layout and content of the Bills of Quantities should be as simple and brief as possible.
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3.0 The Bills of Quantities should be divided generally into the following sections:
Preliminaries.
The preliminaries should indicate the inclusiveness of the unit prices, and should state the methods of measurement which have been adopted in the preparation of the Bills of Quantities and which are to be used for the measurement of any part of the Works.
The number of preliminary items to be priced by the tenderer should be limited to tangible items such as site office and other temporary works, otherwise items such as security for the Works which are primarily part of the Contractor’s obligations should be included in the Contractor’s rates.
Work Items
The items in the Bills of Quantities should be grouped into sections to distinguish between those parts of the Works which by nature, location, access, timing or any other special characteristics may give rise to different methods of construction or phasing of the Works or considerations of cost. General items common to all parts of the Works may be grouped as a separate section in the Bills of Quantities.
The brief description of the items in the Bill of Quantities should in no way modify or supersede the detailed descriptions given in the Contract drawings, Conditions of Contract and Specifications.
Quantities should be computed net from the Drawings, unless directed otherwise in the Contract, and no allowance should be made for bulking, shrinkage or waste. Quantities should be rounded up or down where appropriate.
The following units of measurement and abbreviations are recommended for use.
Unit Abbreviation Unit Abbreviation
cubic meter
hectare
hour
kilogram
lump sum
meter
metric ton (1,000 kg)
M3 or cu m
ha
h
kg
sum
m
t
millimeter
month
number
square meter
square millimeter
week
mm
mon
nr
m2 or sq m
mm2 or sq mm
wk
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The commencing surface should be identified in the description of each item for Work involving excavation, boring or drilling, for which the commencing surface is not also the original surface. The excavated surface should be identified in the description of each item for Work involving excavation for which the excavated surface is not also the final surface. The depths of Work should be measured from the commencing surface to the excavated surface, as defined.
Daywork Schedule
A Daywork Schedule should be included if the probability of unforeseen work, outside the items included in the Bills of Quantities is relatively high. To facilitate checking by the Employer of the realism of rates quoted by the tenderers, the Daywork Schedule should normally comprise:
a) a list of the various classes of labour, and materials for which basic Daywork rates or prices are to be inserted by the tenderer, together with a statement of the conditions under which the Contractor will be paid for Work executed on a Daywork basis; and
b) a percentage to be entered by the tenderer against each basic Daywork Subtotal amount for labour, materials and plant representing the Contractor’s profit, overheads, supervision and other charges.
Provisional Quantities and Provisional Sums
Provision for quantity contingencies in any particular tem or class of Work with a high expectation of quantity overrun should be made by entering specific “Provisional Quantities” or “Provisional Items” in the Bills of Quantities, and not by increasing the quantities for that item or class of Work beyond those of the Work normally expected to be required. To the extent not covered above, a general provision for physical contingencies (quantity overruns) should be made by including a “Provisional Sum” in the Summary of the Bills of Quantities. Similarly, a contingency allowance for possible price increases should be provided as a “Provisional Sum” in the Summary of the Bills of Quantities. The inclusion of such provisional sums often facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future need arises.
Provisional Sums to cover specialized works normally carried out by Nominated Sub Contractors should be avoided and instead Bills of Quantities of the specialized Works should be included as a section of the main Bill of Quantities to be priced by the Main Contractor. The Main Contractor should be required to indicate the name (s) of the specialized firms he proposes to engage to carry out the specialized Works as his approved domestic sub-contractors. Only Provisional Sums to cover specialized Works by statutory authorities should be included in the Bills of Quantities.
Unless otherwise provided in the Contract, the Provisional Sums included in the Bills of Quantities should always be expended in whole or in part at the discretion of the Engineer after full consultation with the Employer.
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Summary
The Summary should contain a tabulation of the separate parts of the Bills of Quantities carried forward, with Provisional Sums for Dayworks, physical (quantity) contingencies, and price contingencies (upward price adjustment) where applicable.
B: Price Schedule - New Diesel Engine Generator Set Option
The quantities listed hereunder are deemed to be correct but the Contractor is requested to make his own assessment from the documentation supplied and site visits for the purposes of quantifying of materials and pricing. Any price omitted from the items listed shall be deemed to have been included in another.
The prices shall include all obligations under the Contract agreement, including, but not limited to supply of materials, equipment apparatus, fittings, spares, tools, insurance, storage as may be necessary, lifting facilities, installation, and commissioning among others.
The rates shall also be inclusive of Value Added Tax (VAT), duties, shipping freight, insurance and handling charges, transport, clearing and forwarding, IDF of handling and inspection fees etc. and no allowance of the same shall be made thereafter or any other charges e.g. late payment to port whatsoever.
The prices entered in this schedule include for the supply and set to work of a new Diesel Engine Generator set complete with its auxiliary equipment fully connected to the 33 KV REA electric network, whether it be fully described or not. They shall include the cost of labour, supervision and all other overheads. 12 months from the takeover date shall be the applicable warranty period.
The Tenderer shall indicate the currency of the prices.
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PRICE SCHEDULE
TABLE 1 – PRICE SCHEDULE: ELWAK
Item Description Unit Qty Unit Price Total Price
CURRENCY:
1 500 kVA Enclosed Diesel Generator, and Accessories inclusive of residential exhaust system. This shall be enclosed in a 6M standard steel container inclusive of delivery, installation and commissioning at Elwak. Bidder shall provide reinforced concrete blocks (600mm x 600mm x 400mm) on which the steel container will be placed. Exhaust system to exhaust at least 6 metres above the ground
No. 1
2 Fuel service tank inclusive of flow meter and fuel piping
Set 1
3 Cables all inclusive (assume distance of 40M)
Set 1
4 Special Tool Kit for Engine major overhaul (Full detailed List to be attached. List of minimum tools is shown in Part 1, Section C, Bidder must include all the tools in this list.)
Set 1
5 Spare Parts (Full detailed List to be attached. List of minimum spare parts are shown in Part 1, Section D. The spare parts are those to be used for the one-year maintenance and since the list may not be exhaustive, the bidder is requested to include any additional spares as an option. The bidder should also advise on the exact quantity required for one year. The quantity given is for purposes of comparison).
Set 1
6 Laptop computer type Dell complete with engine software and connection cable
Lot 1
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Item Description Unit Qty Unit Price Total Price
7 External battery charger No. 1
8 Transport all to the station, installation and commissioning of all equipment under supervision of KPLC engineers
Lot 1
9 Operation for 1 week inclusive of operator training.
Lot 1
10 12 Months maintenance plus training of maintenance staff.
No. 1
SUB-TOTAL C/F TO SUMMARY
TABLE 2 – PRICE SCHEDULE: MERTI
Item Description Unit Qty Unit Price Total Price
CURRENCY:
1 150 kVA Enclosed Diesel Generator, and Accessories inclusive of residential exhaust system. This shall be enclosed in a standard steel canopy inclusive of delivery, installation and commissioning at Merti. Bidder shall provide reinforced concrete blocks (600mm x 600mm x 400mm) on which the steel canopy will be placed. Exhaust system to exhaust at least 6 metres above the ground
No. 1
2 Fuel service tank inclusive of flow meter
3 Cables all inclusive (assume distance of 40M)
Set 1
4 Special Tool Kit for Engine major overhaul (Full detailed List to be attached. List of minimum tools is shown in Part 1, Section C, Bidder must include all the tools in this list.)
Set 1
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Item Description Unit Qty Unit Price Total Price
5 Spare Parts (Full detailed List to be attached. List of minimum spare parts are shown in Part 1, Section D. The spare parts are those to be used for the one-year maintenance and since the list may not be exhaustive, the bidder is requested to include any additional spares as an option. The bidder should also advise on the exact quantity required for one year. The quantity given is for purposes of comparison).
Set 1
6 Laptop computer type Dell complete with engine software and connection cable
Lot 1
7 External battery charger No. 1
8 Transport all to the station, installation and commissioning of all equipment under supervision of KPLC engineers
Lot 1
9 Operation for 1 week inclusive of operator training.
Lot 1
10 12 Months maintenance plus training of maintenance staff.
No. 1
SUB-TOTAL C/F TO SUMMARY
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TABLE 3 – PRICE SCHEDULE: BARAGOI
Item Description Unit Qty Unit Price Total Price
CURRENCY:
1 150 kVA Enclosed Diesel Generator, and Accessories inclusive of residential exhaust system. This shall be enclosed in a standard steel canopy inclusive of delivery, installation and commissioning at Merti. Bidder shall provide reinforced concrete blocks (600mm x 600mm x 400mm) on which the steel canopy will be placed. Exhaust system to exhaust at least 6 metres above the ground
No. 1
2 Fuel service tank inclusive of flow meter
3 Cables all inclusive (assume distance of 40M)
Set 1
4 Special Tool Kit for Engine major overhaul (Full detailed List to be attached. List of minimum tools is shown in Part 1, Section C, Bidder must include all the tools in this list.)
Set 1
5 Spare Parts (Full detailed List to be attached. List of minimum spare parts are shown in Part 1, Section D. The spare parts are those to be used for the one-year maintenance and since the list may not be exhaustive, the bidder is requested to include any additional spares as an option. The bidder should also advise on the exact quantity required for one year. The quantity given is for purposes of comparison).
Set 1
6 Laptop computer type Dell complete with engine software and connection cable
Lot 1
7 External battery charger No. 1
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Item Description Unit Qty Unit Price Total Price
8 Transport all to the station, installation and commissioning of all equipment under supervision of KPLC engineers
Lot 1
9 Operation for 1 week inclusive of operator training.
Lot 1
10 12 Months maintenance plus training of maintenance staff.
No. 1
SUB-TOTAL C/F TO SUMMARY
TABLE 4 – SUMMARY OF PRICE SCHEDULE
Item Description Total Price
CURRENCY:
1 Elwak Power Station Total B/F
2 Merti Power Station Total B/F
3 Baragoi Power Station Total B/F4 Factory acceptance test for the diesel generators and
auxiliary equipment for 2 KPLC engineers (KPLC will pay the air fare for its engineers).
SUB-TOTAL
ADD VAT
(Clearly indicate any component that is not subject to VAT if any)
TOTAL COST
TABLE 5 – PERFORMANCE GUARANTEES
The performance guarantees and ratings shall be based on the site conditions below:-
Inlet air temperature: 350 C average maximumMean humidity: 34% to 60%Height above sea level: 305 M
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Percentage of Maximum Continuous Rating (MCR)100 85 50 25
ISO RATING- BRAKE TESTPower output at brake coupling KW (b)
Specific fuel consumption kg/kwhkj/kwhSITE RATING
Power output at a.c. generator terminals at 0.85 power factorKW (e)
Power output at unity power factor KW (e)
Specific fuel consumption kg/kwhKj/kwh
Lubricating oil consumption l/hA.C GENERATOR EFFICIENY AT SITE
1. At unit power factor %
2. At 0.85 power factor %
I certify that the above information is correct.
…………………………… ………………………… ……………………(Title) (Signature) (Date)
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SECTION X
STANDARD FORMS
a) Form of Tenderb) Appendix to Form of Tenderc) Confidential Business Questionnaired) Tender Security – Bank Guaranteee) Tender Security – Insurance Bondf) Tender Security – Letter of Creditg) Manufacturer’s Authorizationh) Declaration Formi) Draft Letter of Notification of Awardj) Draft Letter of Regretk) Contract Agreementl) Performance Security – Bank Guaranteem) Performance Security – Letter of Credit
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FORM OF TENDER
Date:Tender No.
To:The Kenya Power, Stima Plaza, Kolobot Road, Parklands,P.O Box 30099 – 00100,Nairobi, Kenya.
Ladies and Gentlemen,
1. Having read, examined and understood the Tender Document including all Addenda, the receipt of which is hereby duly acknowledged, we, the undersigned Tenderer, offer to supply, deliver, install and commission ………………………………………. (insert works description) in accordance and conformity with the said Tender document and in particular the Schedule of Prices that are made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver, install and commission the goods in accordance with the delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the performance security of a licensed commercial bank in Kenya in a sum equivalent to ten percent (10%) of the contract price for the due performance of the contract, in the form(s) prescribed by The Kenya Power.
4. We agree to abide by this Tender for a period of………days from the date fixed for Tender opening as per the Tender Document, 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 not constitute a contract, between us. The contract shall be formed between us when both parties duly sign the written contract.
6. We understand that you are not bound to accept any Tender you may receive.
Yours sincerely,_____________________
Name of Tenderer
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___________________________________Signature of duly authorised person signing the Tender
__________________________________Name and Capacity of duly authorised person signing the Tender
__________________________________Stamp or Seal of Tenderer
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APPENDIX TO FORM OF TENDER
(This appendix forms part of the Tender)
CONDITIONS OF CONTRACT CLAUSE
AMOUNT
Tender Security (Bank Guarantee only) 2% of bid priceAmount of Performance Security (Unconditional Bank Guarantee)
10.1 Ten percent of Tender Sum in the form of Unconditional Bank Guarantee
Program to be submitted 14.1 Not later than 28 days after issuance of Order to Commence
Cash flow estimate to be submitted 14.3 Not later than 28 days after issuance of Order to Commence
Minimum amount of Third Party Insurance 23.2 Kshs. 100,000.00Time for completion 43.1 Tenderer to indicate. The desired
completion period is six monthsAmount of liquidated damages 47.1 0.05% of Contract Price per dayLimit of liquidated damages 47.1 10% of Contract ValueDefect Liability period 49.1 12 MonthsPercentage of Retention 60.5 10% of Interim Payment CertificateLimit of Retention Money 60.5 10 % of Contract PriceMinimum amount of interim certificates 60.2 10% of Contract PriceTime within which payment to be made after Interim Payment Certificate signed by Engineer
60.8 30 days
Time within which payment to be made after Final Payment Certificate signed by Engineer
60.8 30 days
Appointer of Arbitrator 67(3) Chief Justice of The Republic of KenyaNotice to Employer and Engineer 68.2 The Employers address is:
The Company Secretary,Kenya PowerStima Plaza, Kolobot Road, ParklandsP. O. Box 30099-00100Nairobi, Kenya.
The Engineer’s address is:Deputy Manager, KP Off-grid Power StationsElectricity House, Harambee Ave.P. O. Box 30099-00100Nairobi, Kenya.
Signature of Tender………………………………… Date……………………
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TENDER FORM
Date:……………………Tender No………………
To:The Kenya Power, Stima Plaza, Kolobot Road, Parklands,P.O Box 30099 – 00100,Nairobi, Kenya.
Ladies and Gentlemen,
1. Having read, examined and understood the Tender Document including all Addenda, the receipt of which is hereby duly acknowledged, we, the undersigned Tenderer, offer to supply, deliver, install and commission (the latter two where applicable) ………………………………………. (insert goods description) in accordance and conformity with the said tender document for the sum of ……………….(total tender amount inclusive of all taxes in words and figures) or such sums as may be ascertained in accordance with the Price Schedule attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver, install and commission the goods in accordance with the delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the performance security of a licensed commercial bank in Kenya in a sum equivalent to ten percent (10%) of the contract price for the due performance of the contract, in the form(s) prescribed by The Kenya Power & Lighting Company Limited.
4.* We agree to abide by this Tender for a period of………..…days (Tenderer please indicate validity of your tender) from the date fixed for tender opening as per the Tender Document, 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 not constitute a contract, between us. The contract shall be formed between us when both parties duly sign the written contract.
6. We understand that you are not bound to accept any Tender you may receive.
Yours sincerely,
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_____________________Name of Tenderer
___________________________________Signature of duly authorised person signing the Tender
__________________________________Name and Capacity of duly authorised person signing the Tender
__________________________________Stamp or Seal of Tenderer
*NOTES:
1. KPLC requires a validity period of at least ninety (90) days.2. This form must be duly completed, signed, stamped and/or sealed.
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CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
All Tenderers are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c) whichever applies to your type of business. Tenderers are advised that it is a serious offence to give false information on this form.
Part 1 – GeneralBusiness Name…………………………………………………………………
Location of business premises…………………………………………………
Plot No. ……………………Street/ Road ………………………………..
Postal Address ………………………….. Postal Code …………………….
Tel No………………………………..
Facsimile..………………………………..
Mobile and CDMA No……………………….
E-mail:…………………………………………………
Nature of your business ………………………………………………………..Registration Certificate No.……………………………………………………
Maximum value of business which you can handle at any time KSh…………..
Name of your Bankers …………………………..Branch… ………………
*Names of Tenderer’s contact person(s) ………………………….
Designation/ capacity of the Tenderer’s contact person(s) ………………………………
Address, Tel, Fax and E-mail of the Tenderer’s contact person(s) ………………. ……………………………………………………………………………………... ……………………………………………………………………………………
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Part 2 (a) Sole ProprietorYour name in full ………………………………………………………………….Nationality ………………………Country of origin …………………………..
Part 2 (b) PartnershipGive details of partners as follows: -Names Nationality Shares (%)1.……………………………………………………………………….…2.……………………………………………………………………….…3….…………………………………………….…………………………4.………………………………………………………………………….5………………………………………………….……………………….
Part 2 (c) Registered CompanyPrivate or Public …………………………………………………………State the nominal and issued capital of company-*Nominal in KSh. ……………………………………….*Total Issued KSh. ………………………………….
Give details of all directors as followsName Nationality Shares (%)1………………………………………………….……………………….
2……………………………………………………….………………….
3…………………………………………………………………………..
4…………………………………………………………………………..
5…………………………………………………………………………..
Name of duly authorized person to sign for and on behalf of the Tenderer ..………………………..
Capacity of the duly authorized person……………………………………
Signature of the duly authorized person……………………………..
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*NOTES TO THE TENDERERS ON THE QUESTIONNAIRE
1. The address and contact person of the Tenderer provided above shall at all times be used for purposes of this tender.
2. The details on this Form are essential and compulsory for all Tenderers. Failure to provide all the information requested shall lead to the Tenderer’s disqualification.
3. For foreign Tenderers please give the details of nominal and issued share capital in the currency of the country of origin of the Tenderer.
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TENDER SECURITY FORM – (BANK GUARANTEE) (To Be Submitted On Bank’s Letterhead) Date:
To:The Kenya Power & Lighting Company Limited, Stima Plaza, Kolobot Road, Parklands,P.O Box 30099 – 00100,Nairobi, Kenya.
WHEREAS ……………………………………… (name of the Tenderer) (hereinafter called “the Tenderer”) has submitted its Tender dated ……… for the supply, installation and commissioning of………………………… (please insert KPLC tender no. and name) (hereinafter called “the Tender”);
KNOW ALL PEOPLE by these presents that WE………………………………….of …………………………….having our registered office at…………………….(hereinafter called “the Bank”), are bound unto The Kenya Power and Lighting Company Limited (hereinafter called “KPLC” which expression shall where the context so admits include its successors-in-title and assigns) in the sum of …………………………………. for which payment well and truly to be made to the said KPLC, the Bank binds itself, its successors, and assignees by these presents.
We undertake to pay you, upon your first written demand declaring the Tenderer to be in breach of the tender requirements and without cavil or argument, the entire sum of this guarantee being …………………….. (amount of guarantee) as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This tender guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Bank not later than the date below.
This guarantee is valid until the …..…day of………………………20……
EITHER
SEALED with the )COMMON SEAL )
of the said BANK ) _______________________________this ……………………day ) BANK SEAL of ………………………20…. )
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)in the presence of :- )
)____________________ )
)and in the presence of:- )
)__________________ )
OR
SIGNED by the DULY AUTHORISED REPRESENTATIVE(S)/ ATTORNEY(S) of the BANK
_____________________Name(s) and Capacity (ies) of duly authorised representative(s)/ attorney(s) of the Bank
___________________________________Signature(s) of the duly authorised person(s)
NOTES TO TENDERERS AND BANKS
1. Please note that no material additions, deletions or alterations regarding the contents of this Form shall be made to the Tender Security to be furnished by the Tenderer. If any are made, the Tender Security shall not be accepted and shall be rejected by KPLC. For the avoidance of doubt, such rejection will be treated as non-submission of the Tender Security where such
Security is required in the tender.
2. It is the responsibility of the Tenderer to sensitize its issuing bank on the need to respond directly and expeditiously to queries from KPLC. The period for response shall not exceed five (5) days from the date of KPLC’s query. Should there be no conclusive response by the Bank within this period, such Tenderer’s Tender Security shall be deemed as invalid and the bid rejected.
3. The issuing bank should address its response or communication regarding the bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
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4. The Tender validity period is ninety (90) days as set out in the Invitation to Tender (at Section I of the Tender document) or as otherwise may be extended by KPLC. Therefore the Tender Security must at all times be valid for at least 30 days beyond the tender validity period.
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TENDER SECURITY – (LETTERS OF CREDIT)
The Mandatory Conditions to be included in the Letters are in two parts, A and B.
Part A
Form of Documentary credit - “Irrevocable Standby”
Applicable rules - “Must be UCP Latest Version” i.e. UCP 600 (2007 REVISION) ICC Publication No. 600.
Place of expiry - At the counters of the advising bank.
The SBLC should be available – “By Payment”
Drafts should be payable at - “SIGHT”
Documents required - 1. Beneficiary’s signed and dated statement demanding for payment under the letter of credit
no………………………….. (Insert LC No.) as……………………….(Name of applicant) (hereinafter called the “Tenderer”) indicating that the “Tenderer” has defaulted in the obligations of the Tenderer as stated by the Beneficiary.
2. The Original Letter of Credit and all amendments, if any.
Additional Conditions -1. All charges levied by any bank that is party to this documentary credit are for the account of the
applicant.
2. There should be no conditions requiring compliance with the specific regulations or a particular country’s Law and regulations.
Charges - All bank charges are for the account of the applicant.
*Confirmation instructions – (See notes below)
Part BThe proceeds of these Letters are payable to KPLC - a) if the Tenderer withdraws its Tender after the deadline for submitting Tenders but before the
expiry of the period during which the Tenders must remain valid.b) if the Tenderer rejects a correction of an arithmetic error c) if the Tenderer fails to enter into a written contract in accordance with the Tender Documentd) if the successful Tenderer fails to furnish the performance security in accordance with the Tender
Document.
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e) if the Tenderer fails to extend the validity of the tender security where KPLC has extended the tender validity period in accordance with the Tender Document.
NOTES TO TENDERERS AND BANKS
1. Please note that should the Tender Security (LC) omit any of the above conditions the LC shall not be accepted and shall be rejected by KPLC. For the avoidance of doubt, such rejection will
be treated as non-submission of the LC where such LC is required in the Tender.
2. It is the responsibility of the Tenderer to sensitize its issuing bank on the need to respond directly and expeditiously to any queries from KPLC. The period for response shall not exceed five (5) days from the date of KPLC’s query. Should there be no conclusive response by the Bank within this period, such Tenderer’s Tender Security shall be deemed as invalid and the bid rejected.
3. The issuing bank should address its response or communication regarding the bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
4. The Tender validity period is ninety (90) days as set out in the Invitation to Tender (at Section I of the Tender document) or as otherwise may be extended by KPLC. Therefore the Tender Security must at all times be valid for at least 30 days beyond the tender validity period.
5. All Guarantees issued by foreign banks must be confirmed by a local bank in Kenya.
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MANUFACTURER’S AUTHORIZATION FORM
(To Be Submitted On Manufacturer’s Letterhead)
To:The Kenya Power & Lighting Company Limited, Stima Plaza, Kolobot Road, Parklands,P.O Box 30099 – 00100,Nairobi, Kenya.
WHEREAS WE ……………………………(name of the manufacturer) who are established and reputable manufacturers of …………………………(name and description of the goods) having factories at ……………(full address and physical location of factory(ies) where goods to be supplied are manufactured) do hereby confirm that ………………………………………(name and address of Supplier) is authorized by us to transact in the goods required against your Tender ……………………………… (insert reference number and name of the Tender) in respect of the above goods manufactured by us.
WE HEREBY extend our full guarantee and warranty as per the Conditions of Contract for the goods offered for supply by the above firm against the Invitation to Tender.
DATED THIS…………….. DAY OF……………………………….20……
___________________________________Signature of duly authorised person for and on behalf of the Manufacturer.
__________________________________Name and Capacity of duly authorised person signing on behalf of the Manufacturer
NOTES TO TENDERERS AND MANUFACTURERS
Only a competent person in the service of the Manufacturer should sign this letter of authority.
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DECLARATION FORM
Date
To:The Kenya Power & Lighting Company Limited, Stima Plaza, Kolobot Road, Parklands,P.O Box 30099 – 00100,Nairobi, KENYA.
Ladies and Gentlemen,
The Tenderer i.e. (full name and complete physical and postal address) declare the following: -
a) That I/ We have not been debarred from participating in public procurement by any body, institution or person.
b) That I/ We have not been involved in and will not be involved in corrupt and fraudulent practices regarding public procurement anywhere.
c) That I/We or any director of the firm or company is not a person within the meaning of paragraph 3.2 of ITT (Eligible Tenderers) of the Instruction to Bidders.
d) That I/ We are not insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing.
Yours sincerely,
_____________________Name of Tenderer
___________________________________Signature of duly authorised person signing the Tender
__________________________________Name and Capacity of duly authorised person signing the Tender
_________________________________Stamp or Seal of Tenderer
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DRAFT LETTER OF NOTIFICATION OF AWARD
To: (Name and full address of the Successful Tenderer)………… Date:………
Dear Sirs/ Madams,
RE:NOTIFICATION OF AWARD OF TENDER NO. ……………
We refer to your Tender dated………………… and are pleased to inform you that following evaluation, your Tender has been accepted as follows: -
………………………………………………………………………………………………………………………………………………………………………………………………
This notification does not constitute a contract. The formal Contract Agreement, which is enclosed herewith shall be entered into upon expiry of fourteen (14) days from the date hereof but not later than thirty (30) days after expiry of tender validity pursuant to the provisions of the Public Procurement and Disposal Act, 2005 (or as may be amended from time to time or replaced).
Kindly sign, and seal the Contract Agreement. Further, initial and stamp on all pages of the documents forming the Contract that are forwarded to you with this letter. Thereafter return the signed and sealed Contract together with the documents to us within fourteen (14) days of the date hereof for our further action.
We take this opportunity to remind you to again note and strictly comply with the provisions as regards the Tender Security, Signing of Contract and Performance Security as stated in the Instructions to Tenderers.
We look forward to a cordial and mutually beneficial business relationship.
Yours faithfully,FOR: THE KENYA POWER & LIGHTING COMPANY LIMITED
CHIEF MANAGER, SUPPLIES, STORES AND TRANSPORT.
Enclosures
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DRAFT LETTER OF NOTIFICATION OF REGRET
To: (Name and full address of the Unsuccessful Tenderer)………… Date:
Dear Sirs/ Madams,
RE: NOTIFICATION OF REGRET IN RESPECT OF TENDER NO. ……………
We refer to your Tender dated………………… and regret to inform you that following evaluation, your Tender is unsuccessful. It is therefore not accepted. The brief reasons are as follows:-
1. ………………………2. ………………………3. ……………………… etc…
The successful bidder was _______________________.
However, this notification does not reduce the validity period of your Tender Security. In this regard, we request you to relook at the provisions regarding the Tender Security, Signing of Contract and Performance Security as stated in the Instructions to Tenderers.
You may collect the tender security from our Legal Department (Guarantees Section), on the 2nd Floor, Stima Plaza, Kolobot Road, Parklands, Nairobi only after expiry of twenty five (25) days from the date hereof. It is expected that by that time KPLC and the successful bidder will have entered into a contract pursuant to the Public Procurement and Disposal Act, 2005 (or as may be amended from time to time or replaced). When collecting the Security, you will be required to produce the original of this letter.
We thank you for the interest shown in participating in this tender and wish you well in all your future endeavours.
Yours faithfully,FOR: THE KENYA POWER & LIGHTING COMPANY LIMITED
CHIEF MANAGER, SUPPLIES, STORES AND TRANSPORT
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CONTRACT AGREEMENT FORM
THIS AGREEMENT made this………day of………………….20…. BETWEEN THE KENYA POWER & LIGHTING COMPANY LIMITED, a limited liability company duly incorporated under the Companies Act, Chapter 486 of the Laws of Kenya, with its registered office situated at Stima Plaza, Kolobot Road, Parklands, Nairobi in the Republic of Kenya and of Post Office Box Number 30099-00100, Nairobi in the Republic aforesaid (hereinafter referred to as the “KPLC”) of the one part,
AND
……………………………….. (Supplier’s full name and principal place of business) a duly registered entity according to the laws of..…… (state country) and of Post Office Box Number……………….(full address of Supplier) in the Republic aforesaid, (hereinafter referred to as the “Supplier”) of the other part;
WHEREAS KPLC invited tenders for certain works, that is to say for ………………(KPLC insert description of works) under Tender Number…………….. (KPLC insert tender number)
AND WHEREAS KPLC has accepted the Tender by the Supplier for the works in the sum of ……………………(KPLC specify the total amount in words which should include any payable taxes, duties and insurance where applicable e.g. Value Added Tax) (hereinafter called “the Contract Price”).
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 and the Tender Document.
2. Unless the context or express provision otherwise requires: -a) reference to “this Agreement” includes its recitals, any schedules and documents
mentioned hereunder and any reference to this Agreement or to any other document includes a reference to the other document as varied supplemented and or replaced in any manner from time to time.
b) any reference to any Act shall include any statutory extension, amendment, modification, re-amendment or replacement of such Act and any rule, regulation or order made there-under.
c) words importing the masculine gender only, include the feminine gender or (as the case may be) the neutral gender.
d) words importing the singular number only include the plural number and vice-versa and where there are two or more persons included in the expression the “Supplier” the
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covenants, agreements obligations expressed to be made or performed by the Supplier shall be deemed to be made or performed by such persons jointly and severally.
e) where there are two or more persons included in the expression the “Supplier” any act default or omission by the Supplier shall be deemed to be an act default or omission by any one or more of such persons.
3. In consideration of the payment to be made by KPLC to the Supplier as hereinafter mentioned,
the Supplier hereby covenants with KPLC to supply the goods and remedy any defects thereon in conformity in all respects with the provisions of the Contract.
4. KPLC hereby covenants to pay the Supplier in consideration of the proper execution 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.
5. The following documents shall constitute the Contract between KPLC and the Supplier and each shall be read and construed as an integral part of the Contract: - a) this Contract Agreementb) the Special Conditions of Contract as per the Tender Document c) the General Conditions of Contract as per the Tender Documentd) the Price Schedules submitted by the Supplier and agreed upon with KPLCe) the Technical Specifications as per KPLC’s Tender Document f) the Schedule of Requirementsg) KPLC’s Notification of Award dated…………h) the Tender Form signed by the Supplieri) the Declaration Form signed by the Supplier/ successful Tendererj) the Warranty
6. In the event of any ambiguity or conflict between the contract documents listed above, the order of precedence shall be the order in which the contract documents are listed in 5 above except where otherwise mutually agreed in writing.
7. The Commencement Date shall be the working day immediately following the fulfillment of all the following: -
a) Execution of this Contract Agreement by KPLC and the Supplier.b) Issuance of the Performance Bond by the Supplier and confirmation of its
authenticity by KPLC.c) Issuance of the Official Order by KPLC to the Supplier.d) Where applicable, Opening of the Letter of Credit by KPLC.
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8. The period of contract validity shall begin from the Commencement date and end on - a) sixty (60) days after the last date of the agreed delivery schedule, or, b) where a Letter of Credit is adopted as a method of payment, sixty (60) days after the
expiry date of the Letter of Credit or the expiry date of the last of any such opened Letter of Credit whichever is later.
Provided that the expiry period of the Warranty shall be as prescribed and further provided that the Warranty shall survive the expiry of the contract.
9. It shall be the responsibility of the Supplier to ensure that its Performance Security is valid at all
times during the period of contract validity and further is in the full amount as contracted.
10. Any amendment, change, addition, deletion or variation howsoever to this Contract shall only be valid and effective where expressed in writing and signed by both parties.
11. No failure or delay to exercise any power, right or remedy by KPLC shall operate as a waiver of that right, power or remedy and no single or partial exercise of any other right, power or remedy shall operate as a complete waiver of that other right, power or remedy.
12. Notwithstanding proper completion of delivery or parts thereof, all the provisions of this Contract shall continue in full force and effect to the extent that any of them remain to be implemented or performed unless otherwise expressly agreed upon by both parties.
13. Any notice required to be given in writing to any Party herein shall be deemed to have been sufficiently served, if where delivered personally, one day after such delivery; notices by electronic mail and facsimile shall be deemed to be served one day after the date of such transmission and delivery respectively (and proof of service shall be by way of confirmation report of such transmission and or delivery), notices sent by post shall be deemed served seven (7) days after posting by registered post (and proof of posting shall be proof of service), notices sent by courier shall be deemed served two (2) days after such receipt by the courier service for Local (Kenyan) Suppliers and five (5) days for Foreign Suppliers.
14. For the purposes of Notices, the address of KPLC shall be Company Secretary, The Kenya Power & Lighting Company Limited, 7th Floor, Stima Plaza, Kolobot Road, Post Office Box Number 30099–00100, Nairobi, Kenya, Facsimile + 254-20-3750240/ 3514485. The address for the Supplier shall be the Supplier’s address as stated by it in the Confidential Business Questionnaire provided in the Tender Document.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of Kenya the day and year first above written.
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SIGNED FOR and on BEHALF of KPLC
_______________________COMPANY SECRETARY
SEALED with the COMMON SEAL of the SUPPLIERin the presence of:-
__________ ______________________DIRECTOR Affix Supplier’s Seal here
_________________________DIRECTOR’S FULL NAMES
and in the presence of:-
__________________________________DIRECTOR/ COMPANY SECRETARY
________________________________________________DIRECTOR/ COMPANY SECRETARY’S FULL NAMES
*OR
SIGNED BY and on BEHALF of the SUPPLIER
_____________________________SIGNATURE OF THE SUPPLIER
_______________________________FULL NAMES OF THE SUPPLIER
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*NOTES TO THE SUPPLIER
1. Please note that the alternative is applicable IF AND ONLY IF the Supplier is not a registered company but has tendered, and, is trading as a sole proprietor or a partnership as provided in the Confidential Business Questionnaire or is registered as a business name.
2. In all other cases, the Supplier is required to execute the contract as first provided.
DRAWN BY: -L.K. Njagi,Advocate, C/o The Kenya Power & Lighting Company Limited, 7th Floor, Stima Plaza, Kolobot Road, Parklands,Post Office Box Number 30099–00100, NAIROBI, KENYA, Telephones: + 254-20-3201000/ 731 Facsimile: + 254-20-3514485/ 3750240
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PERFORMANCE SECURITY FORM (BANK GUARANTEE)
(To Be Submitted On Bank’s Letterhead) Date:
To:The Kenya Power & Lighting Company Limited, Stima Plaza, Kolobot Road, Parklands,P.O Box 30099 – 00100,Nairobi, Kenya.
WHEREAS…………………………(hereinafter called “the Supplier”) has undertaken, in pursuance of your Tender Number………………..(reference number of the Tender) and its Tender dated ………………(insert Supplier’s date of Tender taken from the Tender Form) to undertake the following work ……………(description of the works) (hereinafter called “the Contract);
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a bank guarantee by an acceptable bank for the sum specified therein as security for compliance of the Supplier’s performance obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Supplier a guarantee;
THEREFORE WE HEREBY AFFIRM that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of……………………. (amount of the guarantee in words and figures) and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of ………………………………………...(amount of guarantee) as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the …………day of……………….…..…20….
EITHER
SEALED with the )COMMON SEAL )of the said BANK )
)
this ……………………day ) _____________________________) BANK SEAL
of ………………………20…. ) in the presence of :- )
)____________________ )
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)and in the presence of:- )
)__________________ )
OR
SIGNED by the DULY AUTHORISED REPRESENTATIVE(S)/ ATTORNEY(S) of the BANK
_____________________Name(s) and Capacity(ies) of duly authorised representative(s)/ attorney(s) of the Bank
___________________________________Signature(s) of the duly authorised person(s)
NOTES TO SUPPLIERS AND BANKS 1. Please note that no material additions, deletions or alterations regarding the contents of this
Form shall be made to the Performance Security Bond (the Bond) to be furnished by the successful Tenderer/ Supplier. If any are made, the Bond may not be accepted and shall be rejected by KPLC. For the avoidance of doubt, such rejection will be treated as non-submission of the Bond where such Bond is required in the tender and Contract.
2. KPLC shall seek authentication of the Performance Security from the issuing bank. It is the responsibility of the Supplier to sensitize its issuing bank on the need to respond directly and expeditiously to queries from KPLC. The period for response shall not exceed five (5) days from the date of KPLC’s query. Should there be no conclusive response by the Bank within this period, such Supplier’s Performance Security may be deemed as invalid and the Contract nullified.
3. The issuing Bank should address its response or communication regarding the bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
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PERFORMANCE SECURITY (LC)
Mandatory Conditions that should appear on the Performance Security (LC).
Form of Documentary credit - “Irrevocable Standby”
Applicable rules - “Must be UCP Latest Version” i.e. UCP 600 (2007 REVISION) ICC Publication No. 600.
Place of expiry - At the counters of the advising bank.
The SBLC should be available – “By Payment”
Drafts should be payable at - “SIGHT”
Documents required - 1. Beneficiary’s signed and dated statement demanding for payment under the letter of credit
no………………………….. (Insert LC No.) as……………………….(Name of Applicant) (hereinafter called the “Supplier”) indicating that the “Supplier” has defaulted in the performance and adherence to and performance of the contract between the Beneficiary and the Supplier.
2. The Original Letter of Credit and all amendments, if any.
Additional Conditions -1. All charges levied by any bank that is party to this documentary credit are for the account of the
Applicant.
2. (Include) that there should be no conditions requiring compliance with the specific regulations or a particular country’s laws and regulations.
Charges - All bank charges are for the account of the Applicant.
Confirmation instructions – (See notes below)
NOTES TO SUPPLIERS AND BANKS. 1. Please note that should the Performance Security (LC) omit any of the above conditions the LC
shall not be accepted and shall be rejected by KPLC. For the avoidance of doubt, such rejection will be treated as non-submission of the LC where such LC is required in the tender and Contract.
2. KPLC may seek authentication of the Performance Security (LC) from the issuing bank. It is the responsibility of the Supplier to sensitize its issuing bank on the need to respond directly and expeditiously to queries from KPLC. The period for response shall not exceed five (5) days from the date of KPLC’s query. Should there be no conclusive
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response by the Bank within this period, such Supplier’s Performance Security (LC) may be deemed as invalid and the Contract nullified.
3. The issuing bank should address its response or communication regarding the bond to KPLC at the following e-mail address – “guarantees@ kplc.co.ke”
4. All Guarantees issued by foreign banks must be confirmed by a local bank in Kenya.
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