Kgn-Gdd-148-2021: Kenya Electricity Generating Company PLC RFX: 5000007465
Kgn-Gdd-148-2021: Kenya Electricity Generating Company PLC RFX: 5000007465
Kgn-Gdd-148-2021: Kenya Electricity Generating Company PLC RFX: 5000007465
RFx: 5000007465
KGN-GDD-148-2021
June, 2021
GUIDELINES TO PREPARATION OF BID DOCUMENT
In preparing the bid document in response to the tender, bidders are advised to note the following:
1. Section I – Invitation to Tender. This section gives guidelines on how and where to seek further clarification pertaining
to the tender document; the form and amount of Tender Security required; where and when the tenders should be
submitted; and place where tenders will be opened.
2. Section II – Instruction to Tenderers. This section guides tenderers on how to prepare their bid and how the tendering
process will be carried out up to the award stage including notification of award to the successful bidder. “Appendix to
Instruction to Tenderers” customizes clauses under Section II. Wherever there is a conflict between the provisions of the
Instructions to Tenderers under Section II and the provisions of the appendix, the provisions of the appendix prevail.
3. Evaluation Criteria: This gives information on how the tender will be evaluated. Tenderers should be able to evaluate
their bids before submission to determine in advance whether they meet the requirement of the bid or not. Through the
evaluation criteria bidders will be able to note all the required documents that should be attached to the bid document.
The tender document may be collected upon payment of a non-refundable fee of KShs.1, 000.00
paid in cash or through a banker’s cheque at any KenGen finance office. The document can also
be viewed and downloaded from the website www.kengen.co.ke and
eprocurement@kengen.co.ke Bidders who download the tender document from the website are
advised to forward their particulars to facilitate any subsequent tender clarifications and
addenda. Downloaded copies are free of charge.
Bidders are advised from time to time to be checking the website and e-procurement
platform for any uploaded further information on this tender
The Original Tender security in the format and amount specified in the tender documents
must be submitted in a plain sealed envelope and clearly marked “KGN-GDD-148-2021-
TENDER FOR MODIFICATION OF WELLHEAD (KWG 3 UNIT 1&2) COOLING TOWERS
FROM OVERHEAD DIRECTLY COUPLED MOTOR-GEARBOX CONFIGURATION TO
TRANSMISSION SHAFT COUPLED MOTOR- GEAR BOX CONFIGURATION.’’ And addressed
to:
Supply Chain Director,
Kenya Electricity Generating Company PLC,
Ground Floor, KenGen Pension Plaza I,
Kolobot Road, Parklands,
P.O. Box 47936, 00100
NAIROBI.
Tender must be submitted online on or before: 30th June 2021 at 2.00 p.m.
The tender will be opened online on: 30th June 2021 at 2.30 p.m.in the presence of your
representative who choose to attend at the KenGen Pension Plaza 2, Tender Opening Room,
Ground Floor. The company reserves the right to vary the quantities.
1. Scope of tender 1.1 The Procuring Entity indicated in the Tender Data
Sheet (TDS) invites Tenders for the construction of
works as specified in the Tender Data Sheet
1.2 The successful Tenderer will be expected to complete the
works by the completion date he/she has indicated.
3. One Tender per 3.1 A firm shall submit only one Tender, in the same
Tenderer Tendering process, either individually as a Tenderer or
as a partner in a joint venture pursuant to ITT Clause 5.
4. Alternative Tenders 4.1 Tenderers shall submit offers that comply with the
by Tenderers requirements of the Tendering documents, including
the basic Tenderer’s technical design as indicated in
the specifications and Drawings and Bill of Quantities.
Alternatives will not be considered, unless specifically
allowed for in the Tender Data Sheet. If so allowed,
sub-Clause 4.2 and 4.3 shall govern.
5. Cost of Tendering 5.1 The Tenderer shall bear all costs associated with the
preparation and submission of its Tender, and the
Procuring Entity shall in no case be responsible or
liable for those costs, regardless of the conduct or
outcome of the Tendering process.
6. Site Visit and Pre- 6.1 The Tenderer, at the Tenderer’s own responsibility and
Tender Meeting risk, is advised to visit and examine the Site of Works
and its surroundings and obtain all information that
may be necessary for preparing the Tender and
entering into a contract for construction of the Works.
The costs of visiting the Site shall be at the Tenderer’s
own expense.
B. Tendering Documents
7 Content of Tendering 7.1 The works required, Tendering procedures, and contract
Documents terms are prescribed in the Tendering Documents. In
addition to the Section I Invitation for Tenders,
Tendering documents which should be read in
conjunction with any addenda issued in accordance with
ITT sub Clause 9.2 include:
Form of Tender
Appendix to Tender
Confidential Business Questionnaire
Integrity Declaration
Letter of Acceptance
Form of Contract Agreement
8.2 The Procuring Entity will within the period stated in the
Tender Data Sheet respond in writing to any request for
clarification provided that such request is received no
later than the period indicated in the Tender Data Sheet
prior to the deadline for the submission of Tenders
prescribed in sub-Clause 21.1.
C. Preparation of Tenders
10. Language of 10.1 The Tender, and all correspondence and documents
Tender related to the Tender exchanged by the Tenderer and
the Procuring Entity shall be written in the Tender
language stipulated in the Tender Data Sheet.
Supporting documents and printed literature furnished
by the Tenderer may be in another language provided
they are accompanied by an accurate translation of the
relevant passages in the above stated language, in
which case, for purposes of interpretation of the
Tender, the translation shall prevail.
11. Documents 11.1 The Tender submitted by the Tenderer shall consist of
Constituting the the following components:
Tender
a) The Form of Tender (in the format indicated in
Section IX) completed in accordance with ITT
Clause 14, 15 and 16;
12. Documents 12.1 Pursuant to ITT Clause 12, the Tenderer shall furnish, as
Establishing part of its Tender, documents establishing the
Tenderer’s eligibility to Tender and its qualifications to
Eligibility and
perform the contract if its Tender is accepted.
Qualifications
of the 12.2 In the event that pre-qualification of potential Tenderers
Tenderer has been undertaken, only Tenders from pre-qualified
Tenderers will be considered for award of contract.
These qualified Tenderers should submit their Tenders
with any information updating the original pre-
qualification applications or, alternatively, confirm in
their Tenders that the originally submitted pre-
qualification information remains essentially correct as
of the date of Tender submission. The update or
confirmation should be provided in Section IX.
13. Lots Package 13.1 When Tendering for more than one contract under the
lots arrangements, the Tenderer must provide evidence
that it meets or exceeds the sum of all the individual
requirements for the lots being tendered in regard to:
14. Form of 14.1 The Tenderer shall fill the Form of Tender furnished in
Tender the Tendering Documents. The Form of Tender must be
completed without any alterations to its format and no
substitute shall be accepted.
15. Tender Prices 15.1 The Contract shall be for the whole Works, as described
in sub-Clause 1.1, based on the priced Bill of Quantities
submitted by the Tenderer.
15.2 The Tenderer shall fill in rates and prices for all items of
the Works described in the Bill of Quantities. Items for
which no rate or price is entered by the Tenderer will not
be paid for by the Procuring Entity when executed and
shall be deemed covered by the other rates and prices in
the Bill of quantities.
15.3 All duties, taxes and other levies payable by the
Contractor under the Contract, or for any other cause, as
of the date 15 days prior to the deadline for submission
of Tenders, shall be included in the rates, prices and total
Tender price submitted by the Tenderer.
16. Tender 16.1 The unit rates and prices shall be quoted by the Tenderer
Currencies in the currency as specified in the Tender Data Sheet.
17.Tender 17.1 Tenders shall remain valid for the period specified in the
Validity Tender Data Sheet after the Tender submission
deadline prescribed by the Procuring Entity, pursuant to
Period
ITT Clause 21. A Tender valid for a shorter period shall
be rejected by the Procuring Entity as non responsive.
18. Tender 18.1 Pursuant to ITT Clause 11, where required in the
Security Tender Data Sheet, the Tenderer shall furnish as part
of its Tender, a Tender Security in original form and in
and Tender
the amount and currency specified in the Tender Data
Securing Sheet.
Declaration A Tender Securing Declaration as specified in the
Tender Data Sheet in the format provided in section X
shall be provided as a mandatory requirement.
a) Cash;
b) A Bank Guarantee;
19. Format and 19.1 The Tenderer shall prepare one original of the
Signing of documents comprising the Tender as described in ITT
Clause 11 of these Instructions to Tenderers, with the
Tender
Form of Tender, and clearly marked “ORIGINAL”. In
addition, the Tenderer shall submit copies of the Tender,
in the number specified in the Tender Data Sheet, and
clearly marked as “COPIES”. In the event of
discrepancy between them, the original shall prevail.
19.2 The original and all copies of the Tenders shall be typed
or written in indelible ink and shall be signed by a person
or persons duly authorized to sign on behalf of the
Tenderer. This authorization shall consist of a written
confirmation as specified in the Tender Data Sheet and
shall be attached to the Tender. The name and position
held by each person signing the authorization must be
typed or printed below the signature. All pages of the
Tender, except for un-amended printed literature, shall
be initialled by the person or persons signing the Tender.
D. Submission of Tenders
20. Sealing 20.1 The Tenderer shall seal the original and each copy of the Tender
and Marking in separate envelopes, duly marking the envelopes as
“ORIGINAL” and “COPY”. The envelopes shall then be
of Tenders
sealed in an outer envelope securely sealed in such a manner that
opening and resealing cannot be achieved undetected.
b) Bear the Project name indicated in the Tender Data Sheet, the
Invitation for Tenders (IFT) title and number indicated in the
Tender Data Sheet, and a statement: “DO NOT OPEN
BEFORE,” to be completed with the time and the date
specified in the Tender Data Sheet, pursuant to ITT sub-
Clause 21.1.
20.4 If the outer envelope is not sealed and marked as required by ITT
sub clause 20.2, the Procuring Entity shall assume no
responsibility for misplacement or premature opening of the
Tender.
21. Deadline for 21.1 Tenders shall be received by the Procuring Entity at the address
Submission specified under ITT sub-Clause 20.2 no later than the date and
time specified in the Tender Data Sheet.
of Tenders
21.2 The Procuring Entity may, in exceptional circumstances and at its
discretion, extend the deadline for the submission of Tenders by
amending the Tendering documents in accordance with ITT
Clause 8, in which case all rights and obligations of the Procuring
Entity and Tenderers previously subject to the deadline will
thereafter be subject to the new deadline.
21.3 The extension of the deadline for submission of Tenders shall not
be made later than the period specified in the Tender Data Sheet
before the expiry of the original deadline.
22. Late Tenders 22.1 The Procuring Entity shall not consider for evaluation any Tender
that arrives after the deadline for submission of Tenders, in
accordance with ITT Clause 21.
22.2 Any Tender received by the Procuring Entity after the deadline
for submission of Tenders shall be declared late, rejected and
returned unopened to the Tenderer
23. Modification, 23.1 A Tenderer may modify or substitute or withdraw its Tender after
Substitution it has been submitted, provided that written notice of the
modification, including substitution or withdrawal of the Tender,
and
is received by the Procuring Entity prior to the deadline
Withdrawal prescribed for submission of Tenders prescribed under ITT sub-
of Tenders Clause 21.1.
23.5 Tenderers may only offer discounts to, or otherwise modify the
prices of their Tenders by submitting Tender modifications in
accordance with this Clause, or included in the original Tender
submission.
24. Opening of 24.1 The Procuring Entity will open all Tenders including
Tenders modifications, substitution or withdraw notices made
pursuant to ITT Clause 23, in public, in the presence of
Tenderers or their representatives who choose to attend
and other parties with legitimate interest and Tender
proceedings, at the place on the date and at time
specified in the Tender Data Sheet. The Tenderers’
representatives who are present shall sign a register as
proof of their attendance.
27. Preliminary 27.1 Prior to the detailed evaluation of Tenders, the Procuring
Examination of Entity will determine whether:
Tenders
a) The Tender has been submitted in the required
format;
30. Comparison of 30.1 The Procuring Entity shall evaluate and compare only
Tenders the Tenders determined to be substantially responsive in
accordance with ITT Clause 27.
31. National 31.1 In the evaluation of Tenders the Procuring Entity shall
Preference apply exclusive preference to citizens of Kenya where:
32. Determination 32.1 The Tender with the lowest evaluated price from among
of the Lowest those which are eligible, compliant and substantially
responsive shall be the lowest evaluated Tender.
Evaluated
Tender
F. Award of Contract
34. Criteria of Award 34.1 Subject to ITT Clause 34 and 35, the Procuring Entity will
award the Contract to the Tenderer whose Tender has
been determined to be substantially responsive to the
Tendering documents and who has offered the lowest
Evaluated Tender Price, provided that such Tenderer has
been determined to be:
36. Procuring Entity’s Right to 36.1 Notwithstanding ITT Clause 34, the Procuring Entity
Accept any Tender and to reserves the right to accept or reject any Tender, and to
cancel the Tendering process and reject all Tenders, at
Reject any or all Tenders
any time prior to the award of Contract, without thereby
incurring any liability to the affected Tenderer or
Tenderers.
37 Procuring Entities Right to 37.1 The Procuring Entity reserves the right at the time of
Vary Quantities at the Time contract award to increase or decrease the quantity of
goods or related services originally specified in these
of Award
Tendering documents (schedule of requirements)
provided this does not exceed by the percentage
indicated in the Tender Data Sheet, without any change
in unit price or other terms and conditions of the Tender
and Tendering documents.
38. Notification of Award 38.1 The Tenderer whose Tender has been accepted will be
notified of the award by the Procuring Entity prior to
expiration of the Tender validity period by e-mail or
facsimile confirmed by registered letter. This letter
(hereinafter and in the Conditions of Contract called the
"Letter of Acceptance") will state the sum that the
Procuring Entity will pay the Contractor in consideration
of the provision and maintenance of the Work(s) as
prescribed by the Contract (hereinafter and in the
Contract called the “Contract Price”).
39. Signing of Contract 39.1 Promptly, and in no case later than 14 days, after
notification, Procuring Entity shall send the successful
Tenderer the Agreement and Contract Data Sheet,
incorporating all agreements between the parties
obtained as a result of Contract negotiations.
40. Performance Security 40.1 Within fifteen (15) days but after 7days after receipt of
the Letter of Acceptance, the successful Tenderer shall
deliver to the Procuring Entity a Performance Security in
the amount and in the form stipulated in the Tender Data
Sheet and the Contract Data Sheet, denominated in the
type and proportions of currencies in the Letter of
Acceptance and in accordance with the Conditions of
Contract.
A. INTRODUCTION
1 1.1 The “Procuring Entity” also called Employer is:-
Bidders must quote for the entire scope of works, failure to quote for the
entire scope shall lead to disqualification.
4 1.2
The duration of implementation from commencement date of the works to the date of
issue of the Taking Over Certificate shall be Two Hundred and Ten (210) consecutive
calendar days, including Sundays and Public Holidays, calculated from receipt of the
Engineer’s Order to Commence works.
The modification of both unit 1&2 shall NOT be done concurrently, rather it
must be done one unit at a time.
Bidders must quote for the entire scope of works, failure to quote for the
entire scope shall lead to disqualification.
For the purpose of this provision, the following definitions are provided:
A Procuring Entity has the right to require that Tenderers, suppliers, and
contractors and their subcontractors permit persons duly appointed by
EACC/PPRA/KNAO to inspect their accounts and records and other
documents relating to the Tender submission and contract performance;
The Procuring Entity will reject a proposal for award if it determines that
the Tenderer recommended for award has engaged in corrupt, fraudulent
practices or others stated under Clause 44.1.a in competing for the contract;
In the event that the Procuring Entity or Approving Authority does not take
timely and appropriate action satisfactory to the Government of Kenya to
remedy the situation, then the Director-General may order an investigation
of procurement proceedings for the purpose of determining whether there
has been a breach of the Public Procurement and Asset Disposal Act, 2015.
2.8 Eligibility:
This tender is an “Open National Tender”
7 4.1 Alternative offers are not allowed.
N/A
10
6.5 Minutes of the Virtual pre-bid conference will be made available within three
days of the Virtual pre-bid conference.
Bidders are strongly advised to visit site and obtain for themselves information
adequate for them to prepare a responsive bid.
B. TENDERING DOCUMENTS
12 7.1 The tender documents comprise the documents listed here below and should be
read together with any addenda issued in accordance with clause 9.1 of these
instructions to tenderers -
13 7.2 Bidders to prepare and submit One Original and Two copies of the tender
document.
14 7.5 Tenderer is expected to examine all instructions, forms, terms and specifications
in the Tendering documents. Failure to furnish all information required by the
Tendering Documents or to submit a Tender substantially responsive to the
Tendering documents in every respect will be at the Tenderer’s risk and may
result in the rejection of its Tender.
15 8.1 CLARIFICATIONS
Email; tenders@kengen.co.ke;
cc: arotich@kengen.co.ke;POnyango1@kengen.co.ke ;
bcheruiyot@kengen.co.ke; podipo@kengen.co.ke; skimani@kengen.co.ke
16 8.2 Deadline for submission of inquiries for clarifications shall be SEVEN (7) days
prior to Tender Closing Date as set out in this TDS
The procuring entity shall reply to any clarifications sought by the Bidder within
3 days of receiving the request to enable the Bidder to make timely submission
of its tender.
17 8.2 Potential bidders are advised to regularly check KenGen website for any
uploaded information on this tender Any issued Addenda/Clarification shall be
uploaded by Procuring entity on the website or for restricted tenders shall be
circulated to the bidders by way of email whichever is applicable.
Website: -
http://www.kengen.co.ke
18 9.2 ADDENDUM
Any addendum issued shall form part of the Tender documents pursuant to sub-
Clause 7.1 and shall be uploaded on the procuring entity’s website for bidder’s
reference. The same must be acknowledge and signed
.
C. PREPARATION OF TENDERS
19 10.1
Language of Tender and all correspondence shall be English. Any Document
not meeting this criteria shall be deemed not submitted.
20 15.3
a) "Taxes" means all present and future taxes, levies, duties, charges,
assessments, deductions or withholdings whatsoever, including any
interest thereon, and any penalties and fines with respect thereto,
wherever imposed, levied, collected, or withheld pursuant to any
regulation having the force of law and "Taxation" shall be construed
accordingly.
b) Local Taxation
i). Nothing in the Contract shall relieve the Contractor and/or his Sub-
Contractors from their responsibility to pay any taxes, statutory
contributions and levies that may be levied on them in Kenya in
respect of the Contract. The Contract Price shall include all
applicable taxes and shall not be adjusted for any of these taxes.
ii). The Contractor shall be deemed to be familiar with the tax laws
in the Employer's Country and satisfied themselves with the
requirements for all taxes, statutory contributions and duties to
which they may be subjected during the term of the Contract.
ii). Where the Contractor is paid directly by the Financiers and the
Employer is not able to deduct tax, then the Contractor will be
required to pay the tax deduction to Kenya Revenue Authority in
the name of the Employer and furnish the Employer with an
original receipt thereof as evidence of such payment. In absence
of the said evidence, the Employer will not process any subsequent
payments to the Contractor.
d) Tax Indemnity
i). The Contractor shall indemnify and hold the Employer harmless
from and against any and all liabilities, which the Employer may
incur for any reason of failure by the Contractor to comply with
any tax laws arising from the execution of the Contract whether
during the term of the Contract or after its expiry.
iii). Where the amount in 3.21.8 above remains unpaid after the end of
the fourteen (14) days moratorium, the Employer shall be entitled
to compensation for financing charges.
The rates and prices quoted by the Tenderer shall be fixed during the
performance of the Contract.
21 16.1 The currency in which the prices shall be quoted shall be in Kenya Shillings or
in any freely convertible currencies. However, the maximum number of
currencies shall be limited to two (2).
22 16.2 The authority for establishing the rates of exchange shall be Central Bank of
Kenya.
The tender shall remain valid and open for acceptance for a period of one
Hundred and Twenty (120) Calendar Days after tender opening or from the
extended date of tender opening (in accordance with clause 21 ) whichever is
the later.
The tender security shall be Kenya Shillings One Million Only (KES
1,000,000) in the form of an irrevocable bank guarantee from a reputable
commercial bank.
The tender security shall be valid for at least 30 days beyond tender validity as
per Clause 18.1 (i.e. valid for at least 150 days from the tender closing date)
18.3 The tender security shall be in the form of an irrevocable bank guarantee from a
reputable commercial bank licenced by Central Bank of Kenya and acceptable to
the procuring entity (Tier 1 or Tier 2 bank).
Tender Security in any other form shall be rejected and shall lead to
disqualification of the bidder.
18.9 The Tender Security of a joint venture shall be in the name of the joint venture
submitting the Tender.
25 19.1 Bidders to prepare and submit One Original and Two copies of the tender
document.
D. SUBMISSION OF TENDERS
26 21.1 DEADLINE FOR TENDER SUBMISSION:
27 21.3 The extension of the deadline for submission of Tenders shall be made not later
than Seven (7) days before the expiry of the tender deadline.
31 25 Bidders are informed of the non-disclosure obligation which requires them not
to share any documents provided to them for use in this tender with third parties
without the express authority of the employer. The procuring entity shall only
avail particular documents to bidders upon signing of a non-disclosure
agreement.
32 26
CLARIFICATION OF TENDERS
The request for clarification and the response shall be in writing. No change
in the prices or substance of the Tender shall be sought, offered, or permitted.
33 27 - 30 EVALUATION OF TENDERS:
The following shall be the evaluation Criteria
NOTE:
a) Bidders Must Pass/Qualify in each stage to progress to the subsequent
stage of evaluation.
b) KenGen reserves the right to undertake Due Diligence to ascertain the
authenticity of the information provided in the bidding process
The following shall be the preliminary evaluation criteria and the documents
shall form part of the bidder’s proposal.
Each document specified below MUST be submitted together with the
proposal, duly filled, signed & stamped, authentic and valid for tender
submission to be responsive
No Requirements PASS/FAIL
iii. The following documents shall bear the name of the bidder and in
case of a JV, the document shall bear the name of the JV partnership
or the name of all of the JV partners.
MR13 Duly filled and signed and stamped tender form
MR14 Duly filled, signed, and stamped bills of quantity.
(bidders MUST quote for all the items and all the
schedules)
MR15 Duly filled signed and stamped Self Declaration
form that the tenderer is not debarred in the matter
of PPADA 2015
MR16 Duly filled signed and stamped Self Declaration
form that the tenderer will not engage in any
corrupt or Fraudulent Practice.
MR17 The tender has been dully signed by the person
lawfully authorised to do so through the power of
Attorney
MR18 All documents shall be uploaded to the c-folder of
the SRM System through the link ‘Technical RFx
response’. No responses/documents shall be
attached
MR19 Valid copyto of ‘notes
thethe and attachments
business permit ’ tab as they
will not be considered for evaluation.
A bidder shall be required to provide evidence that its bid meet the following
conditions:
NO. PASS/FAIL
TR1 Structural System Specification.
Gearbox
Electrical Motor
Vibration (gearbox)
b) Specific experience
C. FINANCIAL EVALUATION
a) Average Construction Turnover
c) Acid Ratios
Acid Ratios all of 1:1 for the last three audited financial
years.
d) Payment Terms
e) Taxes
In addition:-
The Procuring Entity will determine to its satisfaction, whether the Bidder that
is selected is qualified to perform the contract satisfactorily, in accordance with
the criteria listed in Clause 1.5-1.8. This shall be done by determining the
AUTHENTICITY of all submitted documents and information.
F. AWARD OF CONTRACT
37 37.1 For any contract variations, the provisions of Section 139 of the Public
Procurement and Asset Disposal Act, 2015 shall apply
The Tenderer shall propose one Adjudicator from among the list of Members or
Fellows of the Chartered Institute of Arbitrators (Kenya Branch) who shall be
agreed upon by the Procuring Entity.
The hourly fee for the Adjudicator shall be as determined by the Chartered
Institute of Arbitrators (Kenya Branch).
If the parties fail to agree upon the name of the Adjudicator, the appointment
shall be made by the Chartered Institute of Arbitrators (Kenya Branch) at the
request of either party.
DEFAULT NOTICE
SECTION IV:
1. Definitions
“Site” means the place or places where the permanent Works are
to be carried out including workshops where the same is being
prepared.
2. Contract Documents
4.2 The ruling language of the Contract shall be English language and
the law governing the Contract shall be the law of the Republic of
Kenya.
5.2 The Contractor shall be responsible for the safety of all activities
on the Site.
6.1 Within seven days after Site possession date, the Contractor shall
submit to the Employer’s Representative for approval a program
showing the general methods, arrangements, order and timing for
all the activities in the Works.
6.2 The Contractor may sub-contract the Works (but only to a
maximum of 25 percent of the Contract Price) with the
approval of the Employer’s Representative. However, he shall not
assign the Contract without the approval of the Employer in
writing. Sub-contracting shall not alter the Contractor’s
obligations.
7 The site
7.1 The Employer shall give possession of all parts of the Site to
the
Contractor.
8 Instructions
9.2 For the purposes of this clause, the following occurrences shall
be valid for consideration;
Delay by:-
10 Management Meetings
11 Defects
13 Variations
14.1 The Contractor shall be paid after each of the following stages of
Work listed herebelow (subject to re-measurement by the
Employer’s Representative of the Work done in each stage
before payment is made). In case of lump-sum Contracts,
the valuation for each stage shall be based on the quantities so
obtained in the re-measurement and the rates in the Schedule of
Rates.
14.4 If the period laid down for payment to the Contractor upon each of
the Employer’s Representative’s Certificate by the Employer has
been exceeded, the Contractor shall be entitled to claim simple
interest calculated pro-rata on the basis of the number of days
delayed at the
Central Bank of Kenya’s average base lending rate prevailing on
the first day the payment becomes overdue. The Contractor will
be required to notify the Employer within 15 days of receipt of
delayed payments of his intentions to claim interest.
15. Insurance
15.1 The Contractor shall be responsible for and shall take out
appropriate cover against, among other risks, personal injury; loss
of or damage to the Works, materials and plant; and loss of or
damage to property.
17.1 Upon deciding that the Work is complete the Contractor shall
request the Employer’s Representative to issue a Certificate of
Completion of the Works, upon deciding that the Work is
completed.
The Employer shall take over the Site and the Works within
seven days of the Employer’s Representative issuing a Certificate
of Completion.
18. Termination
19.1 T h e Employer may employ and pay other persons to carry out
and complete the Works and to rectify any defects and may enter
upon the Works and use all materials on Site, plant, equipment
and temporary works.
19.3 Until after completion of the Works under this clause, the
Employer shall not be bound by any other provision of this
Contract to make any payment to the Contractor, but upon
such completion as aforesaid and the verification within a
reasonable time of the accounts therefore the Employer’s
Representative shall certify the amount of expenses properly
incurred by the Employer and, if such amount added to the money
paid to the Contractor before such determination exceeds the total
amount which would have been payable on due completion in
accordance with this Contract, the difference shall be a debt
payable to the Employer by the Contractor; and if the said amount
added to the said money be less than the said total amount, the
difference shall be a debt payable by the Employer to the
Contractor.
19.4 In the event that an advance payment is granted, the following shall
apply:-
a) On signature of the Contract, the Contractor shall at his request, and
without furnishing proof of expenditure, be entitled to an advance of 10%
(ten percent) of the original amount of the Contract. The advance shall not be
subject to retention money.
b) No advance payment may be made before the Contractor has submitted
proof of the establishment of deposit or a directly liable guarantee
satisfactory to the Employer in the amount of the advance payment. The
guarantee shall be in the same currency as the advance.
c) Reimbursement of the lump sum advance shall be made by deductions
from the Interim payments and where applicable from the balance owing
to the Contractor. Reimbursement shall begin when the amount of the
sums due under the Contract reaches 20% of the original amount of the
Contract. It shall have been completed by the time 80% of this amount is
reached.
R = A(x1 – x11)
80 – 20
Where:
R= the amount to be reimbursed
A= the amount of the advance which has been granted
X1 = the amount of proposed cumulative payments as a percentage of the original
amount of the Contract.
This figure will exceed 20% but not exceed 80%.
X11 = the amount of the previous cumulative payments as a percentage of the original
amount of the Contract.
This figure will be below 80%but not less than 20%.
22 Taxes
22.1.1 "Taxes" means all present and future taxes, levies, duties, charges,
assessments, deductions or withholdings whatsoever, including any
interest thereon, and any penalties and fines with respect thereto,
wherever imposed, levied, collected, or withheld pursuant to any
regulation having the force of law and "Taxation" shall be construed
accordingly.
Nothing in the Contract shall relieve the Contractor and/or his Sub-
Contractors from their responsibility to pay any taxes, statutory
contributions and levies that may be levied on them in Kenya in
respect of the Contract. The Contract Price shall include all applicable
taxes and shall not be adjusted for any of these taxes.
22.1.3 The Contractor shall be deemed to be familiar with the tax laws in
the Employer's Country and satisfied themselves with the
requirements for all taxes, statutory contributions and duties to
which they may be subjected during the term of the Contract.
Tax Deduction
22.1.6 Where the Contractor is paid directly by the Financiers and the
Employer is not able to deduct tax, then the Contractor will be
required to pay the tax deduction to Kenya Revenue Authority in the
name of the Employer and furnish the Employer with an original
receipt thereof as evidence of such payment. In absence of the said
evidence, the Employer will not process any subsequent payments to
the Contractor.
Tax Indemnity
22.1.7 The Contractor shall indemnify and hold the Employer harmless
from and against any and all liabilities, which the Employer may
incur for any reason of failure by the Contractor to comply with any
tax laws arising from the execution of the Contract whether during
the term of the Contract or after its expiry.
22.1.8 The Contractor warrants to pay the Employer (within fourteen (14)
days of demand by the Employer), an amount equal to the loss,
liability or cost which the Employer determines has been (directly or
indirectly) suffered by the Employer for or on account of the
Contractor’s Tax liability arising from the Contract.
22.1.9 Where the amount in 3.21.8 above remains unpaid after the end of
the fourteen (14) days moratorium, the Employer shall be entitled to
compensation for financing charges.
SECTION V:
NOTE:
i. The Contractor, through the Association of Consulting Engineers of Kenya (ACEK), shall
be deemed to have procured a copy for his own use from: -
FIDIC Secretariate
P.O. Box 86, 1000 Lausanne 12
Switzerland
Fax: 41 21 653 5432
Telephone: 41 21 653 5003
ii. These Conditions are subject to the variations set out in Part III hereof entitled
"Conditions of Particular Application".
iii. The Conditions of Particular Application take precedence over those of General and
Special Conditions of Contract.
PART III - CONDITIONS OF PARTICULAR APPLICATION
The following Conditions of Particular Application shall supplement the FIDIC Special
Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those
in the General and Special Conditions of Contract. The Particular Condition is preceded by the
corresponding clause number of the FIDIC Special Conditions of Contract to which it relates.
SUB-CLAUSE IN
CLAUSE CONDITIONS OF DETAILS
CONTRACT
1.1.1.8 Tender Delete Sub-clause 1.1.1.8 and substitute with:
“The word "Tender" and all other documents which the
Contractor will submit shall also mean "Bid" and the word
"Contractor" shall also mean "Bidder"
1) Contract Agreement;
2) Letter of Acceptance;
3) Letter of Award;
4) Technical Specifications;
5) Particular Conditions of Contract
6) General Conditions of Contract
7) Drawings;
8) Priced Bills of Quantity.
9) Applicable Addendum;
10) Contractors offer.
11) Tender Document
1.6 Contract agreement As per Public Procurement And Disposal Act (PPDA 2015)
and Regulations 2020
1.9 Delayed Drawings and All available As-built Drawings and Instructions shall be
Instructions issued with the bid, No other drawings shall be issued after
bidding.
2.1 Right of access to site Not later than 7 days after the kick-off meeting
3.4 Replacement of the Delete “42 days” and substitute with “7days”
Engineer
4.2 Performance Security Delete the paragraph 1 Sub-clause 4.2 and substitute with:
SUB-CLAUSE IN
CLAUSE CONDITIONS OF DETAILS
CONTRACT
“The Contractor shall obtain at his cost a Performance
Security of Ten (10%) percent of the Contract Price as stated in
the Form of Agreement.
Materials delivery terms The contractor shall design, supply install test and commission
the project at site (OW 914 KWG 3 UNIT 1&2). All the logistics
for material delivery to site, payment of all applicable foreign
and domestic taxes shall be the responsibility of the contractor.
8.2 Time for Completion Delete sub-clause 8.2 and substitute with:
And
If the contractor requires the other two unit(s) to be shut for any
of their works, the same information shall be submitted with its
bid and should the requested time of the outage be exceeded
during execution of works then the following liquidated damage
s shall apply:-
13.8 Adjustments for Delete Sub-clause 13.8 in its entirety and substitute with:
Changes in cost “there shall be no cost adjustments applicable to this tender”
14.2 Amount of Advance The advance payment shall not exceed 10 % of Contract Sum.
Payment
This is a refundable advance payment to be recovered by the
employer at a rate of 25% from payments due in each subsequent
interim payment certificate until the advance is fully recovered.
The Contractor is required to make Advance payment
application, accompanied by an Advance Guarantee, upon the
commencement date. The Advance payment Guarantee shall be
an on demand bank guarantee from a reputable (Tier 1 or 2)
commercial bank located in Kenya and acceptable to the
Employer.
The Advance payment will be made within 60 days from the
date of receipt of all the required documents. Advance payment
is a tax free loan and as such no costs are claimable by the
Contractor in case of delay in its payments.
The Contractor shall NOT delay any part of its obligation as a
result of delay in payment of the advance payment.
14.3 Payment Certificates Minimum interim payment shall be 30% of contract amount up
and Final Account to a maximum of 100% of contract amount. Each certificate
shall attract a 10% retention fee which shall be retained by the
employer to cater for the DLP.
14.3 Amount of Retention Ten (10) per cent of the total amount of each Interim Payment.
(c ) Money
50% of the retention money shall be paid upon taking over
certificate and the remaining 50% upon end of defects liability
period (DLP)
14.4 Schedule of Payments Delete the last paragraph and replace with:
14.6 Minimum Amount of Minimum amount of interim payment shall be 30% of the
Interim Payment contract sum.
Certificates (IPC) Payment shall be made for works done only. No payment shall
be made against shipping documents. The contractor may
include materials delivered on site when raising the IPC.
14.7 Terms of Payment Payment for Interim Certificate (IPC) shall be made within 60
days from the date of receipt of the Invoice and all supporting
documents.
Direct payment through Telegraphic Transfer (RTGS).
14.7 Time for Honouring Delete part (a)
Payment Certificate A credit period of 60 days shall apply from date of receipt of the
invoice. The invoice shall be generated only after the certificate
has been certified by the engineer/project manager.
14.8 Delayed Payment Delete second paragraph and replace with:
18.3 Indemnities & Insurance The contractor shall take full responsibility for care of the
Works and Goods from the Commencement Date until the
Taking Over certificate is issued, when the responsibility for
the care of the works and functionality shall pass to the
employer.
21. Progress Meetings The Contractor is expected to attend all progress meetings in
order to evaluate the progress of on-going works.
Progress meetings shall be held weekly and at any other time
that Employer’s Representative may call a meeting.
All contractor’s key personnel shall attend a meeting when
called.
The Employer’s Representative shall record the business of the
progress meetings and supply copies of the record to those
attending the meeting and to the Employer.
TECHNICAL SPECIFICATIONS
PROJECT SCOPE AND SPECIFICATIONS
KenGen has installed the following Wellhead Geothermal Power Plants (GPPs) as
indicated in the table below:
Table 1: List of KenGen Wellhead Generators (KWG)
The current power plants operated by KenGen in Olkaria use condensing Turbines
with wet cooling towers. Olkaria Wellhead power plants consist of eight C64 (3.2
MW) and ten C50 (5.0 MW) modular plants. There are 64 discrete cooling tower
cells in the Wellheads plants.
There are two types of cooling tower design configurations in the Wellhead power
plants. 58 of these cells consist of a drive mechanism with an overhead gearbox
and motor directly coupled together, that propels a fan to create draft while five
others at Pilot plant and Eburru Power Plant have their motors mounted outside
the fan stack with a transmission shaft between the motor and the gearbox.
The overhead drive with a directly coupled gearbox and the motor has proven to
be a major challenge as the system cannot withstand the effects of the cooling
tower plume and temperatures hence frequent breakage leading to outages and
derating of Wellhead plants from time to time.
OW43 9KWG 3) is located 120 km from the capital town of Nairobi, Kenya, 45
km from Naivasha town in Nakuru County, 42 km off Maai Mahiu –Naivasha road
and 19 km off Moi South Lake road. The field is located inside the Hell’s Gate
National Park. The nearest town is Naivasha (Refer to Figure 2).
Figure 2 Resource Map wellhead power plants
2. SCOPE OF WORKS
3. SPECIFIC OBJECTIVES
3.1 Foundation design and installation
3.2 Cooling Tower gearbox Design and re-configuration
3.3 Integration of systems
3.4 Electrical and Instrumentation Works
3.5 Civil Works
Figure 3 EXISTING COOLING TOWER
Figure 4 PROPOSED MODIFICATION
3.1 General Cooling Tower Design
3.1.1 General
The design operating life of this new re-designed cooling tower and its
Auxiliary Equipment shall be 20 years in a geothermal environment.
The cooling tower shall be designed in accordance with the Cooling Tower
Institute (CTI) standards.
The complete cooling tower, including ancillary equipment and other
necessary items shall be designed, constructed and tested to provide an
installation which meets the requirements and recommendations of BS 4485
or approved equal.
The Cooling towers structure shall be designed to meet structural design
requirement and transmitting all load to foundations by means of the system
of tension and compression members.
The cooling tower and ancillary equipment shall give a long trouble-free
service life, operating under the fluctuating ambient and cooling water
conditions which will be experienced at the site, and shall be capable of
operating continuously at all loads without the need to shut down for
inspection or repairs other than for a planned maintenance program.
The material selection for the Cooling tower structural Support, Fan stack,
Motors, Drives, Gears, Shafts, Blades, Blade shaft, Leading edge blade
protection, Hub discs, Hub flange, Fasteners, Expansion joints, Flanges and
Instrumentation shall enable full operation in corrosive Geothermal and all
weather conditions. The Bidder shall take in particular account Fluid
Chemistry, high altitude of the well pad and power plant shut-down
procedures.
i. Gear reducers- Use of cast iron with special marine coating to protect
from high corrosive geothermal environment.
ii. Gear reducer fan assembly rotating shaft SS 316 L (short shaft
connecting fan hub and gearbox)
iii. Fan hub material -Use of Cast iron with special marine coating to
protect from high corrosive geothermal environment.
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iv. All fasteners, bolts, nuts, studs, washers -SS 316 L material.
v. Cooling tower Fans -Cooling tower FRP material
vi. Drive/transmission shafts- Carbon composite reinforced material
vii. Couplings to be made from – SS 316 L with vibration/misalignment
EPDM rubber dampers assembly.
The cooling tower fan blades leading edges to be provided with SS 316 L
protective cover for up to 4 inches (both on top and below the leading edge
in a U manner).
As a minimum, where the bidder uses Fibre Reinforced Plastic (FRP) support
materials, they shall be UV-resistant and have a flame spread rating of 25 or
less as per ASTM E-84, with low smoke generation.
Bidders are required to submit details of proposed materials selections,
protective coatings, liners and basic design drawings. The bidders are
required to submit calculations to demonstrate compliance with this section,
Employer’s Requirements and applicable Regulation and Laws.
The design temperature for all materials to be used shall not be less than
57°C.
3.1.3 Other works
The Bidder’s scope of work for the cooling tower and auxiliaries shall at least
include the following elements:
a) Adjusting the fan-hood to accommodate the required height.
b) Cooling tower’s structure/framework constructed of suitable
material;
c) Cooling tower fans complete with drive motors, drives, couplings,
and fan stacks
d) Electrical, control and instrumentation equipment (Oil level and
vibration)
e) Tower lightning protection
f) Vibration monitoring device wired for trips (stopping the motor)
and monitoring of the gearbox vibrations from the control room
/container operations.
g) Operation and Maintenance Manuals and drawings for the supplied
equipment
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h) Priced Mandatory spare parts list, recommended spares list and a
list of consumables for two (3) years of operation
i) Electrical connectivity and conduit for power and controls
j) Supply install and commission data logger and a HMI at the control
room/container
k) Access provision for maintenance and lifting equipment
3.1.4.2 Fans
The fan materials and design shall have proven resistance to corrosion and
erosion, to ensure a long and maintenance free service life in the geothermal
environment application at the site.
For each tower cell, one multi-blade axial flow fan, motor drive and drive
assembly shall be provided, with operating speed selected not close to any
critical speeds associated with the whole assembly or any part of this. The
fan shall also be well clear of any protruding structure.
It will be positively evaluated the cooling tower ability to reduce fans’ power
consumption by means of an efficient design of the blades and a high
efficiency of the assembly.
3.1.4.3 Fan Blades
The fan materials and design shall have proven resistance to corrosion and
erosion, to ensure a long and maintenance free service life in the geothermal
environment application at the site.
All fan blades shall be uniform in weight, shape and balance and present
provision to manually adjust the pitch angle; in the final assembly, all blades
shall have the same pitch to avoid unbalanced aerodynamic forces and the
Bidder shall demonstrate successful previous experience of the blades in a
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similar application. Bidders shall demonstrate that impellers are
dynamically and statically balanced at the factory and at site.
The number of fan blades per impeller provided shall ensure that no
pulsation of air will occur when the fan is in operation.
All the fan blades shall be made from solid material to ensure that there shall
be no water ingress during normal operation.
Each fan shall be statically balanced and have all blades numbered, or
otherwise marked for correct assembly. Fan blade tip speed shall ensure that
the noise levels stated will not be exceeded in service. Air flow velocity
trough the fan shall be uniform across the length of the blade, as far as
practicable.
Full materials and performance details shall be provided in the Schedule of
Guarantees together with any work test certificates.
Fan blades shall have an aluminum protective strip alongside the leading
edge.
3.1.4.4 Drive Mechanism
76
standalone monitors at the control room/container. On the local sight glass,
minimum and maximum oil levels shall be indicated.
Pulley, belt and chain drive systems shall not be allowed.
3.1.4.5 Drive Shafts
Where drive shafts are used, it shall be of composite, tubular drive shafts of
floating pattern fully equipped with non-lubricated flexible couplings,
which comply with the requirements of BS 3170, CTI or equivalent
standards. Couplings and drive shaft shall be dynamically balanced, to
ensure that vibrational forces are reduced to a practical minimum. Hollow
rating components shall be sealed, to prevent water ingress, or be effectively
drained, to prevent accumulated water from impairing the balance.
Any intermediate supporting bearings shall be of self-aligning sealed type,
designed to allow grease replenishment whilst running. These grease lines
shall be type 316 stainless steel, grouped at convenient common point
outside the fan stacks, and lubricating nipples shall comply with BS 1486 or
equivalent.
All shafts shall be equipped with suitable retaining straps. Shaft bearings
shall be designed for a minimum operating life of 100,000 hours at three
times the normal load.
3.1.4.6 Electrical Drive Motors
An electric motor shall drive each fan, in accordance with General Technical
Requirements and Data Sheets, and each fan shall be suitable for connecting
to a 415V (3 phase) power supply. The main power supply conductor to the
motor shall be adequately sized for the motor drive. The main conductor and
slot insulation shall be non-hygroscopic (class F of IEC85). Each motor shall
also be fitted with an anti-condensation heater. That shall be powered from
the motor control center and whose cable shall be adequately rated.
Motors’ surfaces shall be adequately treated to withstand the environmental
conditions typical of the type of installation.
The embedded RTD in the cooling tower fan motor shall be incorporated in
the motor trip circuit and an alarm raised to alert the operator.
For each fan motor, there shall be an emergency stop push button with
manual reset capability. A local panel with start/stop controls shall also be
77
adjacent to the individual motor. The Local control panel shall have LED
motor status indication.
A local disconnector will be provided to allow Lockout-tag-out procedure to
be implemented during maintenance.
Motor enclosure rating shall be IP 65 and must have stator space heaters.
Thermal protection thermistors shall be incorporated into the windings and
wired into the control circuit.
Control of Motor
The motor control center shall allow for the following modes of operation
Hand/Manual: The motor can be manually started/ stopped via start/stop
pushbutton on the motor control center or on the local panel. The plant
control system will provide protective interlocks to prevent starting during
unsafe conditions. Process interlocks for motor operation will be supervised
by the PLC.
OFF- The motor is completely disabled. It cannot be started under any
condition.
Auto- The motor can be started or stopped automatically by the plant control
system if all safe operating requirements are met. Process interlocks for
motor operation will be supervised by the PLC. The motor can be stopped
manually via the HMI or Locally. In the event a motor is unable to start, or
has tripped, an alarm will be raised to notify the operator to take action.
Data logger and HMI
The data logger shall allow processing of all the parameters being monitored
in the area i.e., the vibration, Motor winding temperature and gear box oil
level measurements and display in the HMI screen.
The readings shall be used for alarm and trip threshold that shall be used for
protection of the equipment by means of stopping in the case of trip levels.
The data logger shall store the information of all the parameters for at least
6 months. It shall provide charts and trends of the different parameters.
The data logger shall provide total cumulative running hours for the
equipment and give alerts when maintenance should be done like oil change
and servicing.
HMI screen shall have graphics to show the equipment, the status of
operation of the equipment, show all the measurements with the alarms and
trip thresholds to always give the equipment operating point.
78
The HMI shall provide means of starting/stopping the motor and shall
provide a dialogue box to confirm the operation before it is done.
3.1.4.7 Fan Assembly Support
A rigid, torque-tube type frame shall support motor, fan and transmission
elements.
The support frame shall be designed for self-locking bolt fixing to the
structure of the cooling towers, presenting minimum obstruction to air flow
through the fan.
In the design of the support, provision shall be made for the fitting of
demountable lifting gear for maintenance purposes at both the drive
elements and drive motor ends as applicable. The fan assembly support shall
be of stainless steel, type SS 316L or equivalent approved materials.
3.1.4.8 Fan Stacks
If there will arise a need for modification of the fan stack, the same shall be
constructed of FRP materials or equivalent approved materials, adaptable to
exposure to the elements and corrosive geothermal environment.
The cylinders shall consist of factory molded segments joined by 316
stainless steel bolts, with vibration proof nuts and washers. Reinforcing ribs
shall be incorporated in the segment moldings external to the airstream
surface to provide adequate design strength and rigidity against live loads
and mechanical vibrations. The fan cylinder stacks shall be securely
anchored to the fan deck.
Fully sealed access doors shall be provided in the side of each stack for
inspection and maintenance purposes. The height above ground level of the
diffuser discharge shall be at a value to ensure adequate dispersion of the
H2S gases, under operations. A provision to isolate NCG distribution to
individual fans shall be provided with adequate support structure to negate
any possible transfer of both vibration and heat to the cooling tower/deck
assembly.
A provision for a safe detachable walkway or gangway with hand rails to
access the fan, motor, gearbox and driveshaft is to be provided and it shall
be sufficiently sized for all inspection and maintenance purposes. To permit
viewing of the fans, sight glasses shall be fitted to each fan stack. Provision
shall be made to wipe clean or remove both sides of the sight glasses, during
operation.
79
All the cooling tower fans to be inspected by only one climb to the cooling
tower fans collectively and should be accessed from at least two suitable sides
i.e. to access all the cooling tower fans at once, this can/should be done from
at least both of the two access points .
3.1.4.9 Vibration Monitoring
For each fan drive assembly, individual vibration monitoring sensor shall be
provided.
In the control room/container, a vibration monitor shall be mounted in a
panel provided by the contractor, to accept signals from each vibration
sensor
On the fan deck, a vibration monitor shall be mounted, to accept signals
from each sensor and relay them to the control room/container.
The Contractor shall provide for an alarm and trip threshold, to disconnect
the electrical supply to the drive motor in the event of any abnormal
vibration of the mechanical equipment.
3.1.4.10 Service Equipment
The Bidder shall supply all special equipment and tools to maintain and test
equipment provided as part of the cooling towers; Bidders shall provide
details of all service equipment in the appropriate Schedule.
The Bidder shall carry out for supply a minimum testing plan as described
in this specification. For each test, the Employer’s representatives shall
choose whether to be present or if a Manufacturer’s test report is sufficient
according to the list:
• C = Test report
• N = Witness point
• V = Hold point
80
The Bidder shall send the proposed QCP containing at least the tests specified
in the next paragraph and according to the Contractor's quality standards,
necessary for a correct check of the materials and the equipment supplied.
The QCP proposed shall also contain information regarding control and test
specifications and/or references to the rules in force.
The Project Manager shall review and approve the QCP proposed by the
Bidder and shall also approve which tests and examinations he should
attend, by Employer’s personnel or by its representatives.
3.2.2 Schedule of Inspection & Tests
TEST DESCRIPTION RECORD
1 Fiberglass reinforced plastics C
Mechanical properties C
Self-extinguishing ability C
2 Heat Exchange Tubes
Material Properties N
3 Electric motors
Measurement of insulation resistance in stator
N
windings
Measurement of stator winding resistance N
Applied voltage test (dielectric rigidity) N
Vibration measurement N
Load test at rated power, voltage and frequency with
measurement of current and power factor and
N
determination of losses and efficiency by summation
of losses
Measurements of torque/rev number curve at rated
N
voltage and frequency
No-load test N
4 Fans
Blade - Materials chemical and mechanical test N
Blade - Visual and dimensional inspection (spot
N
criteria)
Blade – Static & Dynamic balancing and weight
N
measurement (spot criteria)
Hub - Visual and dimensional inspection (spot
N
criteria)
Hub – Static & Dynamic Balancing N
Drives C
81
Assembly - Visual and dimensional inspection C
Assembly - Functional no-load test for: reduction
C
ratio, temperatures noise level, vibration, painting
82
• Main dimensions and overall size drawing
• Datasheet with all the information required in the specification
including components materials.
• As built drawings shall be submitted after installation and
commissioning.
• List of manufacturers of the various components for ease of
evaluation.
83
PROPOSED WORK PLAN
84
SECTION VIII:
85
Employers requirements in the
Technical Specifications
AS-BUILT DRAWINGS AND
1.5 DESIGN, TEST AND
COMMISSIONING REPORTS
The contractor shall provide CAD
copies of new as-built drawings
1.51 1 lot
and a set of four (4) hard copies of
the drawings
1.6 Testing and commissioning 4cells
Add all applicable taxes on Engineering
Add all applicable taxes on Works
SECTION IX:
STANDARD FORMS
86
A. FORM OF TENDER
NAME OF CONTRACT:
We agree to abide by this Tender until _________________ and it shall remain binding
upon us and may be accepted at any time before that date.
If this offer is accepted, we will provide the specified Performance Security, commence
the Works as soon as is reasonably practicable after the Commencement Date, and
complete the Works in accordance with the above-named documents within the Time for
Completion. We guarantee that the Works will then conform with the Schedule of
Guarantees.
Unless and until a formal Agreement is prepared and executed this Letter of Tender,
together with your written acceptance thereof, shall constitute a binding Contract between
us.
We understand that you are not bound to accept the lowest or any tender you may receive.
Signature _____________________ in the capacity of ___________________________
duly authorised to sign tenders for and on behalf of ___________________________
Address:
________________________________________________________________________
________________________________________________________________________
Date: ______________________________
Note: In accordance with Clause 82 of the Public Procurement and Asset Disposal Act 2015
“The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be
the subject of correction, adjustment or amendment in any way by any person or entity.
87
Tender Questionnaire
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
6. Details of Tenderer’s nominated agent (if any) to receive tender notices. This
is essential if the Tenderer does not have his registered address in Kenya
(name, address, telephone, e-mail)
………………………………………………………………………………………
………………………………………………………………………………………
_________________
Signature of Tenderer
(Must be filled by all applicants or Tenderers’ who choose to participate in this tender)
Name of Applicant(s)..........................................................................................
You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c),
whichever applies to your type of business. Part 2 (d) to part 2 (i / j) must be filled. You
88
are advised that giving wrong or false information on this Form will lead to automatic
disqualification of your tender or termination of your contract or debarment of your
firm at your cost.
Part 1 – General
Business Name:……………………………………………………………Certificate of
Incorporation / Registration No. ………………………………………..…Location of
business premises:
Country ………………..…Physical address …………………….……………….
Town ……………………….……………………….Building…………………
Floor……………………………………….Plot No. ……..……………………….
Street / Road ………….……………………Postal Address ………..………………
Postal / Country Code……………………….Telephone No’s…...…………………
Fax No’s. ……………………….………………E-mail address
Website
……………………………………………………………………………………….
Contact Person (Full Names) ……………… Direct / Mobile No’s.…………….…
Title ……………………………………… Power of Attorney (Yes / No)
If yes, attach written document.
Nature of Business (Indicate whether manufacturer, distributor, etc)
………………..……….………..
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Part 2 (c) – Registered Company (if applicable - as per the CR12 form)
Private or public …………………………………………….
Company Profile ………………………. (Attach brochures or annual reports in case of
public companies)
State the nominal and issued capital of the Company
Nominal KShs ……………………..………………………….
Issued KShs ………………………..………………………….
List of top ten (10) shareholders and distribution of shareholding in the company. Give
details of all directors as follows:-
b) …………………………………………………………………………..….……….
Have not been convicted of any criminal offence relating to professional conduct or the
making of false statements or misrepresentations as to its qualifications to enter into a
90
procurement contract within a period of three (3) years preceding the commencement
of procurement proceedings.
Signed ………………………………………………………………………………………
For and on behalf of M/s
………………………………………...……………………………………………
In the capacity of
……………………………………….………………………………………………
Dated this…………………………day of ………………………………….2021.
Suppliers’ / Company’s Official Rubber Stamp
……………………………………………….
1
2
AGPO firms must provide evidence from their bank that the account to which KenGen
shall make payment has a youth or a woman or a PWD listed in the CR12
91
form/partnership deed/sole proprietor certificate as a MANDATORY signatory of that
account,- Sec.157 (11) of PPADA:
I / We, the undersigned state and declare that the above information is correct and that
I / We give KENGEN authority to seek any other references concerning my / our
company from whatever sources deemed relevant, e.g. Office of the Registrar of
Companies, Bankers, etc.
Full names
………………………………………………………………………………………
Signature……………………………………………………………………………
For and on behalf of M/s
………………………………………………………………………………………
In the capacity of
………………………………………………………………………………………
Dated this ……………………………………………day of
………………………………….2021.
Suppliers’ / Company’s Official Rubber Stamp
…………………………………………………………
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B3. Details of Subcontractors
The Tenderer shall indicate in this schedule, the proposals for subcontracting elements of
the Works together with the names and addresses of the subcontractors he proposes to
employ (if any).
A statement of similar works executed by each of the proposed subcontractors shall be
provided, which shall include details of the work executed, year of completion, value of
the works and the name and address of the client.
Name…………………………………………
Signature………...………
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Key Personnel Capabilities
Name of Tenderer
For specific positions essential to Contract implementation, applicants should provide the
names of candidates qualified to meet the specified requirements stated for each position
set out in Instructions to Tenderers Sub-Clause 13.3 part 2.
The data on their experience should be supplied in separate sheets using one Form (B5)
for each candidate.
Name of candidate:
Name of candidate:
Name of candidate:
Name…………………………………………
Signature………...………
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CVs of Key Personnel
Name of Tenderer:
Position
Candidate information 1. Name of candidate 2. Date of birth
3. Professional qualifications
Address of employer
Summarise professional experience over the last 10 years, in reverse chronological order.
Indicate particular technical and managerial experience relevant to the Project.
Name…………………………………………
Signature………...………
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Programme of Works
Based on the specified completion periods given under Sub-Clause 1.2 of the Instructions
To Tenderers, the Tenderer shall provide a proposed programme of Works in a bar chart
form showing the sequence of work and time duration for each activity.
The proposed programme shall include activities such as design, schedule for the drawing
submittal, ordering and procurement of materials, manufacturing, fabrication, shop
assembly and testing, transportation, erection, site testing and commissioning of the Plant
to be supplied under the Contract.
We offer to complete all the works as required under tender within __________calendar
days as per the attached schedule.
Name…………………………………………
Signature………...………
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Contractors and Suppliers Quality Assurance Details
The Tenderer shall provide copies of valid certificates issued by competent Quality
Assurance Agencies showing that the transformer manufacturer conforms to the Quality
System Standard ISO 9001 or its equivalent.
The Tenderer is required to list below the valid certificates submitted with his tender.
Name of Tenderer, Equipment or service being ISO 9001 or equivalent
subcontractor or supplier supplied certificate provided
Name…………………………………………
Signature………...………
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Deviations from Specifications
Any deviations from the Conditions of Contract or the Technical Specifications shall be
clearly indicated in the table below and reasons given.
1.Commercial / Contractual
Deviations
2. Technical Deviations
Name…………………………………………
Signature………...………
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Drawings and Documentation to be Submitted with Tender
Pursuant to Clause 5of Instructions to Tenderers (ITT), the Tenderer is required to submit
drawings, brochures, technical data, type test certificates, etc. for the plant and equipment
to be incorporated in the Works, sufficient to demonstrate compliance with the technical
specifications. The Tenderer is required to list under each item in the table below, those
documents being submitted with the tender. The reference number of the document shall
be included so that the document can easily be identified.
2.
3.
4.
5.
Name…………………………………………
Signature………...………
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Proposed Work Plan & Methodology
The Tenderer shall submit a write up on the proposed work plan and methodology for
performing the works covering design, supply, installation commissioning and training
(overseas and on site)
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Turn-Over
The Tenderer is requested to complete the information in this form for all individual firms,
all partners of a joint venture and for the turbine and generator suppliers. The information
supplied should be the annual turnover of the Tenderer (or each member of a joint venture),
in terms of the amounts billed to clients for each year for work in progress or completed,
converted to Euros at the rate of exchange at the end of the period reported. The annual
turnover for each entity should not be less than the turnovers specified in Sub-Clause
13.3part 3 of Instructions To Tenderers (Tender Data Sheet).
Use a separated sheet for each partner of a joint venture and each supplier.
Name…………………………………………
Signature………………
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Particular Experience Record of the Tenderer
The Tenderer or partner of a joint venture is required to list below the names of at least
three (3) Contracts meeting the requirements of Sub-Clause 13.3 part 1 of Instructions to
Tenderers (Tender Data Sheet). The detail of each of the listed contracts is to be
summarised on Form (B15).
Name………………………………………… Signature………………
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Details of Contracts of a Similar Nature and Complexity
1. Number of Contract
Name of Contract
Country
2. Name of employer
3. Employer’s address
4. Nature of works and special features relevant to the Contract for which the Tenderer
wishes to bid
______years ______months
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11. Specified requirements1
13. Client Certificate confirming two years satisfactory operation attached? (Yes/No).
14. Contact details of a senior person in the client’sorganisation, whom can be contacted
to verify details of the Client certificate
1
Insert any specific criteria required for the execution of the Contract.
Name………………………………………… Signature………………
Financial Information
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Name of Tenderer or partner of a joint venture
Pursuant to Sub- Clause 13.3 part 4 of Instructions to Tenderers, the Tenderer, including
each of the partners of a joint venture, and the main suppliers should provide the financial
information requested below demonstrating the current soundness of their financial
positions and long term profitability as well as evidence of financial resources to meet the
Contract cash flow. A separate sheet should be used for each partner of a joint venture as
well as for the principal suppliers.
1. Financial reports for the last three years, balance sheets, profit and loss
statements, auditors’ reports etc. List them below and attach copies.
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
3. Name, address, telephone, e-mail, fax numbers of the Tenderer’s Bankers who
may provide reference if contacted by the Employer.
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
Name…………………………………………
Signature……………..…
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Position in the Firm……………………………………
Date………………………
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Contractor’s Equipment
The Tenderer should fill in major items of Contractor’s equipment proposed for carrying
out the Works.
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C. INTEGRITY DECLARATION
1. Each Tenderer must submit a statement, as part of the Tender documents, in either of
the two given formats which must be signed personally by the Chief Executive Officer
or other appropriate senior corporate officer of the Tendering company and, where
relevant, of its subsidiary in the Kenya. If a Tender is submitted by a subsidiary, a
statement to this effect will also be required of the parent company, signed by its Chief
Executive Officer or other appropriate senior corporate officer.
2. Tenderers will also be required to submit similar No-bribery commitments from their
subcontractors and consortium partners; the Tenderer may cover the subcontractors and
consortium partners in its own statement, provided the Tenderer assumes full
responsibility.
3.
a) Payment to agents and other third parties shall be limited to appropriate
compensation for legitimate services.
b) Each Tenderer will make full disclosure in the Tender documentation of the
beneficiaries and amounts of all payments made, or intended to be made, to
agents or other third parties (including political parties or electoral candidates)
relating to the Tender and, if successful, the implementation of the contract.
c) The successful Tenderer will also make full disclosure [quarterly or semi-
annually] of all payments to agents and other third parties during the execution
of the contract.
d) Within six months of the completion of the performance of the contract, the
successful Tenderer will formally certify that no bribes or other illicit
commissions have been paid. The final accounting shall include brief details of
the goods and services provided that they are sufficient to establish the legitimacy
of the payments made.
e) Statements required according to subparagraphs (b) and (d) of this paragraph will
have to be certified by the company's Chief Executive Officer, or other
appropriate senior corporate officer.
5. If the successful Tenderer fails to comply with its No-bribery commitment, significant
sanctions will apply. The sanctions may include all or any of the following:
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b) Liability for damages to the public authority and/or the unsuccessful
competitors in the Tendering possibly in the form of a lump sum representing a
pre-set percentage of the contract value (liquidated).
6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery
Policy/Code of Conduct, if any, and of their-general or project - specific - Compliance
Program.
7. The Government of Kenya has made special arrangements for adequate oversight of
the procurement process and the execution of the contract, and has invited civil society
and other competent Government Departments to participate in the oversight. Those
charged with the oversight responsibility will have full access to all documentation
submitted by Tenderers for this contract, and to which in turn all Tenderers and other
parties involved or affected by the project shall have full access (provided, however,
that no proprietary information concerning a Tenderer may be disclosed to another
Tenderer or to the public).
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D. ANTI-CORRUPTION DECLARATION PLEDGE
I/We/Messrs…………………………………………………………………………….
…………………………………………………………………………………………..
Contact/Phone/E mail…………………………………………………………………..
declare that Public Procurement is based on a free and fair competitive Tendering process
which should not be open to abuse.
I/We ..…………………………………………………………………………………..
declare that I/We will not offer or facilitate, directly or indirectly, any inducement or
reward to any public officer, their relations or business associates, in connection with
Tender/Tender No ………………………..……………………………………………….
Authorized Signature................................................................................................
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E: FORM OF CONTRACT AGREEMENT
Between
Kenya Electricity Generating Company Limited of [or whose registered office is
situated at] Stima Plaza Phase III, Kolobot Road, Parklands, P.O. Box 47936-00100,
NAIROBI, KENYA (hereinafter called “the Employer”) of the one part,
and
.............................................................................. of [or whose registered office is situated
at]..............................................................................
...................................................(hereinafter called “the Contractor”) of the other part.
WHEREAS the Employer is desirous that the Contractor executes …………………….
(hereinafter called “the Works”) located at ………………………and the Employer has
accepted the Tender submitted by the Contractor for the execution and completion of such
Works and the remedying of any defects therein, for the Contract Price of .......[Amount in
figures], ......................................... [Amount in words].
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and shall be read and construed as
part of this Agreement i.e.
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4. The Employer hereby covenants to pay the Contractor, in consideration of the
execution and completion of the Works and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the
day and year first before written.
In the presence of
H.SCHEDULES OF GUARANTEES
Name of Applicant or partner of a joint venture
The Tenderer shall record below the guaranteed values of the Plant.
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This completed Schedule of Guarantees will be used to calculate any non-performance
damages due under the Contract.
The provisions for retesting and the consequences for failure to meet the performance
guarantees are detailed in the Section V: Particular Conditions of Contract Clause 9.4 sets
out the reduction in Contract Price to be applied should the Plant fail to meet the guarantees.
Guaranteed Value
No load loss at rated voltage, current, ratio and frequency
(excluding cooling plant losses) …………………kW
Load loss at 75oC, nominal ratio and maximum continuous
…………………kW
rating
Note: The no-load losses and load losses shall be measured
on each Transformer during the acceptance tests to be
performed at the manufacturer’s Works in the presence
of the Procuring Entity’s representatives.
Name…………………………………………
Signature………………
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SECTION X
FORM OF TENDER
Date
Tender No.
To:
4. We agree to abide by this Tender for a period of …… [number] days from the
date fixed for tender opening of the Instructions to tenderers, and it shall remain binding
upon us and may be accepted at any time before the expiration of that period.
5. This Tender, together with your written acceptance thereof and your
notification of award, shall constitute a Contract, between us, subject to signing of the
Contract by the parties.
6. We understand that you are not bound to accept the lowest or any tender you
may receive.
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FORMS OF SECURITY
[If required, the Bank /Tenderer shall fill in this Guarantee form in accordance with the
instructions indicated in brackets.]
We have been informed that [insert name of the Tenderer; if a joint venture, list complete
legal names of partners] (hereinafter called "the Tenderer") has submitted to you its
Tender dated [insert date] (hereinafter called "the Tender") for the execution of [insert
name of Contract] under Invitation for Tenders No. [insert IFT number] (“the IFT”).
At the request of the Tenderer, we [insert name of bank ] hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of [insert amount in figures
expressed in the currency of the Purchaser’s Country or the equivalent amount in an
international freely convertible currency] ([insert amount in words]) upon receipt by us
of your first demand in writing accompanied by a written statement stating that the
Tenderer is in breach of its obligation(s) under the Tender conditions, because the
Tenderer;
a) Has withdrawn its Tender during the period of Tender validity specified by
the Tenderer in the Form of Tender; or
b) Does not accept the correction of errors in accordance with the Instructions
to Tenderers (hereinafter “the ITT”) of the IFT; or
c) Having been notified of the acceptance of its Tender by the Procuring Entity
during the period of Tender validity;
(i). Fails or refuses to execute the Contract Form, if required, or
(ii). Fails or refuses to furnish the Performance Security, in accordance
with the ITT.
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This Guarantee shall expire;
a) If the Tenderer is the successful Tenderer, upon our receipt of copies of the
Contract signed by the Tenderer and of the Performance Security issued to
you by the Tenderer; or
b) If the Tenderer is not the successful Tenderer, upon the earlier of;
(i) Our receipt of a copy of your notification to the Tenderer that the
Tenderer was unsuccessful, or
(ii) Thirty days after the expiration of the Tenderer’s Tender.
Consequently, any demand for payment under this Guarantee must be received by us at
the office on or before that date.
_____________________________
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C. PERFORMANCE BANK OR INSURANCE GUARANTEE
[UNCONDITIONAL]
(On Letterhead Of Bank/Insurance Company)
[The Bank or Insurance Company/successful Tenderer providing the Guarantee shall fill in
this form in accordance with the instructions indicated in brackets, if the Procuring Entity requires
this type of security.]
[insert bank’s or insurance company’s name, and address of issuing branch or office]
Beneficiary: [insert name and address of Procuring Entity]
Date: [insert date]
At the request of the Contractor, we [insert name of Bank or Insurance Company] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of
[insert amount in figures] ([insert amount in words]), such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, upon receipt
by us of your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation(s) under the Contract, without your needing to
prove or to show grounds for your demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract
documents which may be made between you and the Contractor shall in any way release
us from any liability under this Guarantee, and we hereby waive notice of any change,
addition, or modification.
This guarantee shall expirenot later than thirty days from the date of issuance of the
Taking-Over Certificate.
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E. ADVANCE PAYMENTGUARANTEE (if Applicable)
We have been informed that [name of Contractor] (hereinafter called "the Contractor") has
entered into Contract No. [reference number of the contract] dated ______ with you, for
the execution of [name of contract and brief description of Works] (hereinafter called "the
Contract").
At the request of the Contractor, we [name of Bank ] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [amount in figures] ( )
[amount in words] upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contractor is in breach of its obligation under the Contract
because the Contractor used the advance payment for purposes other than the costs of
mobilization in respect of the Works.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between ________________________[name of Procuring Entity] and
the Contractor, shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
No drawing may be made by you under this guarantee until we have received notice in
writing from you that an advance payment of the amount listed above has been paid to the
Contractor pursuant to the Contract.
The maximum amount of this guarantee shall be progressively reduced by the amount of
the advance payment repaid by the Contractor as indicated in copies of interim statements
or payment certificates which shall be presented to us. This guarantee shall expire, at the
latest, upon our receipt of a copy of the interim payment certificate indicating that eighty
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(80) percent of the Contract Price has been certified for payment, or on the ___ day of
_____, 2___, whichever is earlier. Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date.
Yours truly,
Signature and seal:
Name of Bank :
Address:
Date:
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Annexes to Particular Conditions of Contract
Whereas the Employer and the Contractor have entered into the Contract and desire
jointly to appointthe Member to act as one of the three persons who are jointly called the
"DAB" [and desire theMember to act as chairman of the DAB] to adjudicate a dispute
which has arisen in relation to *
4. In consideration of these fees and other payments to be made by the Employer and
theContractor in accordance with Clause 6 of the General Conditions of Dispute
AdjudicationAgreement, the Member undertakes to serve, as described in this Dispute
AdjudicationAgreement, as one of the three persons who are jointly to act as the DAB.
5. The Employer and the Contractor jointly and severally undertake to pay the Member,
inconsideration of the carrying out of these services, in accordance with Clause 6 of the
GeneralConditions of Dispute Adjudication Agreement.
SIGNED by:
For and on behalf of the Employer inthe presence of
Witness:
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Name:
Address:
Date:
SIGNED by:
For and on behalf of the Contractorin the presence of
Witness:
Name:
Address:
Date:
SIGNED by:
The Member in the presenceof
Witness:
Name:
Address:
Date:
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FORM SD1
2. THAT the aforesaid Bidder, its Directors and subcontractors have not been
debarred from participating in procurement proceeding under Part IV of the Act.
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FORM SD2
2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage
in any corrupt or fraudulent practice and has not been requested to pay any inducement
to any member of the Board, Management, Staff and/or employees and/or agents
of……………………..( insert name of the Procuring entity) which is the procuring
entity.
3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered
any inducement to any member of the Board, Management, Staff and/or employees
and/or agents of ……………………..(name of the procuring entity)
4. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive practice
with other bidders participating in the subject tender
5. THAT what is deponed to hereinabove is true to the best of my knowledge information
and belief.
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FORMAT OF POWER OF ATTORNEY
We........................................ (name and address of the registered office) do hereby
constitute, appoint and authorize Mr. / Mrs. / Ms .................................... (name and
residential address) who is presently employed with us and holding the position of
............................................. as our attorney, to do in our name and on our behalf, all such
acts, deeds and things necessary in connection with or incidental to our proposal for the
project/goods/works/services“......................................................................”, including
signing and submission of all documents and providing information / responses to the
Kenya Electricity Generating Company PLC, ("KenGen"), representing us in all matters
before KenGen, and generally dealing with KenGen in all matters in connection with our
Proposal for the said project/goods/works/services.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall and shall always be deemed to have been done by us
Accepted
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