KGN OLK 79 2013 Tender for Supply of Public Address System for Olkaria

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    Tender f or Supply of Publ ic Addr ess System for Olkar ia Geothermal Proj ect

    KENYA ELECTRICITY GENERATINGCOMPANY LIMITED

    KGN-OLK-79-2013

    TENDER FOR SUPPLY OF PUBLIC ADDRESSSYSTEM FOR OLKARIA GEOTHERMAL

    PROJECT

    (REGI STERED GROUPS OF YOUTH , WOM EN ANDPERSONS WI TH DI SABI L I TY)

    Kenya Electricity Generating Company Ltd,Stima Plaza Phase III,Kolobot Rd, Parklands,

    P.O Box 47936 00100.NAIROBI KENYA.www.kengen.co.ke

    November, 2013

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

    Section A: Invitation for Tenders ................................................................................................. 3

    Section B: Instructions to Tenderers ........................................................................................... 4

    Section C: General Conditions of Contract ............................................................................... 13

    Section D: Special Conditions of Contract ................................................................................ 18

    Section E: Technical Specifications and Price Schedules ........... Error! Bookmark not defined.

    Section F: Tender Form ............................................................................................................ 31

    Section G: Tender Security Form ............................................... Error! Bookmark not defined.

    Section H: Insurance Tender Security Form ............................... Error! Bookmark not defined.

    Section I: Mandatory Confidential Business Questionnaire ...... Error! Bookmark not defined.

    Section J: Contract Form ........................................................... Error! Bookmark not defined.

    Section K: Performance Security Form ...................................... Error! Bookmark not defined.

    Section L: Manufacturers Authorization Form .......................... Error! Bookmark not defined.

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    SECTION A

    INVITATION FOR TENDERS

    (REGI STERED GROUPS OF YOUTH , WOM EN ANDPERSONS WI TH DI SABI L I TY)

    Kenya Electricity Generating Company Limited (KenGen) invites sealed tenders for Supplyof Public Address System whose specifications are detailed in this Tender Document.

    Interested firms may obtain further information from and purchase the Tender Documents atthe office of:

    Supply Chain Manager,Tel: (254) (020) 3666000Fax: (254) (020) 3666200Email: [email protected] C.C: [email protected] ; [email protected]

    Where the tender document may be collected upon payment of a non-refundable fee ofKShs.1,000.00 paid in cash or through a bankers cheque at any KenGen finance office. Thedocument can also be viewed and downloaded from the website www.kengen.co.ke , and theBidders who download the tender document from the website must forward their particularsimmediately for records and any further tender clarifications and addenda. Downloadedcopies are FREE

    Tenders MUST be accompanied by a Bid Security in the form and amount specified in theTender Document, and must be delivered to:

    Company Secretary/Legal & Corporate Affairs DirectorKenya Electricity Generating Company Ltd.7th Floor, Stima Plaza Phase IIIKolobot Road, ParklandsP.O. Box 47936 - 00100

    NAIROBI, KENYA

    On or before: 4th

    December 2013 at 10.00 a.m.

    Tenders will be opened on 4th December 2013 at 10.30 a.m. in the presence of tenderers'representatives who choose to attend in the Executive Room, 7 th Floor, Stima Plaza Phase III.

    SUPPLY CHAIN MANAGER

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/mailto:[email protected]:[email protected]:[email protected]
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    SECTION B

    INSTRUCTIONS TO TENDERERS

    Introduction

    1. Eligible Tenderers

    1.1 This Invitation for Tenders is open to all tenderers. The successful tenderer shall completethe supply of goods by the intended completion date specified in the tender document.

    1.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.

    2. Cost of Tendering

    2.1 The Tenderer shall bear all costs associated with the preparation and submission of itstender, and KenGen, will in no case be responsible or liable for those costs, regardless ofthe conduct or outcome of the tendering process.

    The Tender Document

    3 Contents

    3.1 The tender document comprises the document listed below and addenda issued inaccordance with Clause 5 of the Instructions to Tenderers.

    (a) Invitation for Tenders(b) Instructions to Tenderers (c) General Conditions of Contract(d) Special Conditions of Contract(e) Technical Specifications and Price Schedules(f) Tender Form(g) Tender Securing Declaration Form(h) Mandatory Confidential Business Questionnaire(i) Contract Form(j) Performance Security Form(k) Product Guarantee/Warranty Form

    3.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in thetender document. Failure to furnish all information required by the tender document or tosubmit a tender not substantially responsive to the tender document in every respect will beat the tenderers risk and may result in the rejection of i ts tender.

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    4. Clarification of Tender Document4.1 A prospective tenderer requiring any clarification of the tender document may notify

    KenGen in writing (email in PDF format or by facsimile) at the following address:

    Supply Chain ManagerKenya Electricity Generating Company Ltd (KenGen)Ground Floor, Stima Plaza, Phase IIIKolobot Road, ParklandsP.O Box 47936 - 00100

    NAIROBI, KENYA

    Fax: (254)(020) 3666200; E-mail: [email protected]; [email protected]; [email protected] or [email protected]

    KenGen will respond in writing to any request for clarification received no later thanSeven (7) calendar days prior to the deadline of submission of tenders.

    5. Amendment of Tender Document5.1 At any time prior to the deadline for submission of tenders, KenGen, for any reason,

    whether at its own initiative or in response to a clarification requested by a prospectivetenderer, may modify the tender document by amendment.

    5.2 All prospective tenderers that have received the tender document will be notified of theamendment in writing (email in PDF format or by facsimile), and will be binding onthem.

    5.3 In order to allow prospective tenderers reasonable time in which to take the amendmentinto account in preparing their tenders, KenGen, at its discretion, may extend the deadlinefor the submission of tenders.

    Preparation of Tenders

    6. Language of Tender7.1 The tender prepared by the tenderer, as well as all correspondence and document relating to

    the tender exchanged by the tenderer and KenGen, shall be written in English. Supportingdocument and printed literature furnished by the tenderer may be written in anotherlanguage provided they are accompanied by an accurate English translation of the relevant

    passages in which case, for purposes of interpretation of the tender, the English translationshall govern.

    7. Document Comprising the Tender7.1 The tender prepared by the tenderer shall comprise the following components:

    (a) a Tender Form and a Price Schedule completed in accordance with Clauses 8, 9and 10 below; and

    (b) tender security furnished in accordance with Clause 11

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    8. Tender Form 8.1 The tenderer shall complete the Tender Form and the Price Schedule furnished in the

    tender document, indicating the goods to be supplied, a brief description of the goods,their country of origin, quantity and prices.

    9. Tender Prices9.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total

    tender price of the goods it proposes to supply under the contract.

    9.2 Prices indicated on the Price Schedule shall be Delivered and Duty Paid (DDP) toOlkaria Rig Store.

    9.4 Prices quoted by the tenderer shall be fixed during the tenderers performance of thecontract and not subject to variation on any account. A tender submitted with anadjustable price quotation will be treated as non-responsive and will be rejected, pursuantto Clause 21.

    10. Tender Currencies10.1 Prices shall be quoted in Kenya Shillings or in another freely convertible currency.

    11. Tenderers Eligibility and Qualifications .11.1 The tenderer shall furnish, as part of its tender, documents establishing the tenderers

    eligibility to tender and its qualifications to perform the contract if its tender is accepted.

    11.2 The documentary evidence of the tenderers eligibility to tender shall establish t oKenGens satisfaction that the tenderer, at the time of submission of its tender, is from aneligible source country.

    11.3 The documentary evidence of the tenderers qualifications to perform the contract if itstender is accepted shall establish to Ken Gens satisfaction:

    (a) that, in the case of a tenderer offering to supply goods under the contract which thetenderer did not manufacture or otherwise produce, the tenderer has been dulyauthorized by the goodss Manufacturer or producer to supply the goods;

    (b) that the tenderer has the financial, technical, and production capability necessary to perform the contract.

    12. Goods Eligibility and Conformity to Tender Document. 12.1 The tenderer shall furnish, as part of its tender, documents establishing the eligibility and

    conformity to the tender documents of all goods, which the tenderer proposes to supplyunder the contract.

    12.2 The documentary evidence of the eligibility of the goods shall consist of a statement inthe Price Schedule of the country of origin of the goods offered, which shall beconfirmed by a certificate of origin issued at the time of shipment.

    12.3 The documentary evidence of conformity of the goods to the tender documents may be in

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    the form of literature, drawings, and data, and shall consist of:

    (a) a detailed description of the essential technical and performance characteristics ofthe goods;

    (b) a clause-by- clause commentary on KenGens Technical Specificationsdemonstrating substantial responsiveness of the goods to those specifications, or astatement of deviations and exceptions to the provisions of the TechnicalSpecifications.

    13. Tender Security14.1 The tenderer shall not furnish a Tender Security

    14.2 The tender securing declaration form is required to protect the Procuring entity against the risk ofTenderer withdrawing its tender during the period of tender validity specified by KenGen on theTender Form

    14.3 Any bidder from the target group who fails to adhere tothe terms of the Tender SecuringDeclaration Form shallbe liable to debarment pursuant to Section 115 of the Public Procurementand Disposal Act (2005).

    14. Validity of Tenders14.1 Tenders shall remain valid for 90 days or as specified in the tender document after date of

    tender opening prescribed by KenGen, pursuant to Clause 20. A tender valid for a shorter period shall be considered as non-responsive and shall be rejected by KenGen.

    14.2 In exceptional circumstances, KenGen may solicit the tenderers consent to an extensionof the period of validity. The request and the responses thereto shall be made in writing(email in PDF format or by facsimile). The tender security provided under Clause 13shall also be suitably extended. A tenderer may refuse the request without forfeiting itstender security. A tenderer granting the request will not be required nor permitted tomodify its tender.

    15. Format and Signing of Tender15.1 The tenderer shall prepare an Original and Two Copies of the tender, clearly marking

    each ORIGINAL TENDER and COPY OF TENDER , as appropriate. In the eventof any discrepancy between them, the original shall govern.

    15.2 The original and copy of the tender shall be typed or written in indelible ink and shall besigned by the tenderer or a person or persons duly authorized to bind the tenderer to thecontract.

    15.3 The tender shall have no interlineation, erasures, or overwriting except as necessary tocorrect errors made by the tenderer, in which case such corrections shall be initialed bythe person or persons signing the tender.

    Submission of Tenders

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    16. Sealing and Marking of Tenders

    16.1 The tenderer shall seal the original and copies of the tender in separate envelopes, dulymarking the envelopes as ORIGINAL and COPY. The envelopes shall then besealed in an outer envelope.

    16.2 The inner and outer envelopes shall:

    (a) be addressed to:

    Company Secretary/Legal & Corporate Affairs DirectorKenya Electricity Generating Company Limited7th Floor, Stima Plaza Phase IIIKolobot Road, ParklandsP.O. Box 47936-00100

    NAIROBI

    (b) bear, TENDER FORSUPPLY OF PUBLIC ADDRESS SYSTEM FOROLKARIA GEOTHERMAL PROJECT", and the statement: DO NOT OPENBEFORE 4 TH DECEMBER 2013 AT 10.30 A.M.

    16.3 The inner envelopes shall also indicate the name and address of the tenderer to enable thetender to be returned unopened in case it is declared late.

    16.4 If the outer envelope is not sealed and marked as required by Clause 16.2, KenGen willassume no responsibility for the tenders misplacement or premature opening.

    17. Deadline for Submission of Tenders17.1 Tenders must be received by KenGen at the address specified under Clause 16.2 not

    later than .

    17.2 KenGen may, at its discretion, extend this deadline for the submission of tenders byamending the tender document in accordance with Clause 5, in which case all rights andobligations of KenGen and tenderers previously subject to the deadline will thereafter besubject to the deadline as extended.

    18. Modification and Withdrawal of Tenders18.1 The tenderer may modify or withdraw its tender after the tenders submission, provided

    that written notice of the modification, including substitution or withdrawal of thetenders, is received by KenGen prior to the deadline prescribed for submission of tenders.

    18.2 The tenderers modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of Clause 16. A withdrawal notice mayalso be sent by cable, but followed by a signed confirmation copy, postmarked not laterthan the deadline for submission of tenders.

    18.3 No tender will be modified after the deadline for submission of tenders.

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    18.4No tender will be withdrawn in the interval between the deadline for submission of tendersand the expiration of the period of tender validity specified by the tenderer on the TenderForm. Withdrawal of a tender durin g this interval may result in the tenderers forfeiture ofits tender security, pursuant to Clause 13.7.

    19. Alternative Proposals by Tenderers19.1 Alternative tenders and options shall not be accepted. In case of offered alternatives,

    only that item which is marked as being the alternative or the first of several alternativeitems shall be evaluated.

    Opening and Evaluation of Tenders

    20. Opening of Tenders20.1 KenGen will open all tenders in the presence of tenderers representatives who choose to

    attend on. The tenderers representatives who are present shall sign a register evidencingtheir attendance.

    20.2 The tenderers names, tender modifications or withdrawals, tender prices, discounts, andthe presence or absence of requisite tender security and such other details as KenGen, atits discretion, may consider appropriate, will be announced at the opening.

    20.3 KenGen will prepare minutes of the tender opening.

    21. Clarification of Tenders21.1 To assist in the examination, evaluation and comparison of tenders KenGen may, at its

    discretion, ask the tenderer for a clarification of its tender. The request for clarificationand the response shall be in writing (email in PDF format or by facsimile), and no changein the prices or substance of the tender shall be sought, offered, or permitted.

    Any effort by the tenderer to influence KenGen in its decisions on tender evaluation,tender comparison or contract award may result in the rejection of the tenderers tender.

    22. Preliminary Examination22.1KenGen will examine the tenders to determine whether they are complete, whether any

    computational errors have been made, whether required sureties have been furnished,whether the documents have been properly signed, and whether the tenders are generallyin order.

    22.2 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 priceand quantity, the unit price shall prevail, and the total price shall be corrected. If thetenderer does not accept the correction of the errors, its tender will be rejected, and itstender security may be forfeited. If there is a discrepancy between words and figures, theamount in words will prevail.

    22.3 KenGen may waive any minor informality or non-conformity or irregularity in a tenderwhich does not constitute a material deviation, provided such waiver does not prejudice

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    or affect the relative ranking of any tenderer.

    22.4 Prior to the detailed evaluation, pursuant to Clause 23, KenGen will determine thesubstantial responsiveness of each tender to the tender document. For purposes of these

    paragraphs, a substantially responsive tender is one, which conforms to all the terms andconditions of the tender document without material deviations. KenGens determinationof a tenders responsiveness is to be based on the contents of the tender itself withoutrecourse to extrinsic evidence.

    22.5 If a tender is not substantially responsive, it will be rejected by KenGen and may notsubsequently be made responsive by the tenderer by correction of the nonconformity

    22.6 Mandatory Preliminary Evaluation Criteria Product Waranty/Guarantee Evidence of incorporation in the country of domicile i.e. Certificate of Incorporation/Registration.

    Copy of Bank Statements/Bank reference for the last Six months. Tender Securing Declaration Form . The Tender validity period shall be 90 days from the date of tender closing. Tender Securing Declaration Form has to be valid till 4th April 2014 Valid Tax Compliance Certificate issued by Kenya Revenue Authority (for local

    suppliers) Business/Company profile Certificate of Registration in a target group issued by the Ministry of Finance or

    Respective County Treasury.

    23. Evaluation and Comparison of Tenders23.1 KenGen will evaluate and compare the tenders, which have been determined to be

    substantially responsive, pursuant to clause 21.

    23.2 KenGens evaluation of a tender will exclude and not take into account any allowance for price adjustment during the period of execution of the contract, if provided in the tender.

    23.3 KenGens evaluation of a tender will take into account, in addition to the tender price andthe price of incidental services, the following factors:

    a) Compliance to the tender requirements pursuant to Clauses 11, 12 and 13; b) Qualification information provided in the Mandatory Confidential Business

    Questionnaire;c) Tender security validity of not less than 120 days ;d) Delivery period offered in the tender. The delivery period should not Exceed 1

    Month after the date of signing the Contract respectively;e) Deviation in payment schedule from that specified in the Special Conditions of

    Contract;f) Compliance to the technical specifications. Documentary evidence to prove that the

    equipment offered comply with the Technical Specifications must be provided;g) Compliance with Section E requirements.

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    h) The purchaser will conduct a due diligence on the successful bidder.

    23.4 Preference and Reservationsa) In the evaluation of Tenders KenGen shall apply exclusive preference to Youth,

    Women and Disabled persons participating in the tender.b) To qualify for preference the tenderer shall provide evidence of eligibility by:

    1) Proving Kenyan citizenship by production of a Kenyan Identity Card.2) For the purpose of benefiting from preference andreservations schemes, anenterprise owned by youth, women or persons with disabilities shall be a legal entitythat:-

    (i) Is registered with the National Treasury or the respective county treasury withwhich they operate

    (ii) Has at least seventy percent membership of youth, women or persons withdisabilities and the leadership shall be one hundred percent youth, women and

    persons with disability, respectivelyc) If such additional preference schemes apply, details will be given in the under Section

    L Mandatory Business Questionnaire. d) The Purchaser will review the bids to confirm the appropriateness and conformance to

    specifications of the offered goods to the required specifications.

    24. Contacting KenGen24.1Subject to Clause 21, no tenderer shall contact KenGen on any matter relating to its tender,

    from the time of the tender opening to the time the contract is awarded.

    24.2 Any effort by a tenderer to influence KenGen in its decisions on tender evaluation, tendercomparison, or contract award may result in the rejection of the tenderers tender.

    Award of Contract

    25. Award Criteria25.1 Subject to Clauses 7, 8, 9, 11, 13, 22 and 23 KenGen will award the contract to the

    successful tenderer(s) whose tender has been determined to be substantially responsiveand has been determined to be the lowest evaluated tender .

    26. KenGens Right to Vary Quantities 26.1 KenGen reserves the right at the time of contract award to increase or decrease the

    quantity of goods originally specified in the Schedule of Requirements without anychange in unit price or other terms and conditions.

    27. KenGens Right to Accept or Reject Any or All Tenders 27.1 KenGen reserves the right to accept or reject any tender, and to annul the tendering

    process and reject all tenders at any time prior to contract award, without therebyincurring any liability to the affected tenderer or tenderers or any obligation to inform theaffected tenderer or tenderers of the grounds for its action.

    28. Notification of Award28.1 Prior to the expiration of the period of tender validity, KenGen will notify the successful

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    tenderer in writing that its tender has been accepted.

    28.2 Upon the successful tenderers furnishing of the performance security pursuant to Clause30, KenGen will promptly notify each unsuccessful tenderer and will discharge its tendersecurity, pursuant to Clause 13.

    29. Signing of Contract 29.1 At the same time as KenGen notifies the successful tenderer that its tender has been

    accepted, KenGen will send the tenderer the Contract Form provided in the tenderdocument, incorporating all agreements between the parties.

    29.2 Within fourteen (14) days of receipt of the Contract Form, the successful tenderer shallsign and date the contract and return it to KenGen.

    30. Performance Security30.1 Within fourteen (14) days of receipt of the notification of Contract award, the successful

    Tenderer shall furnish to the Purchaser the performance security in accordance with thePerformance Security Form provided in the tender document, or in another formacceptable to KenGen.

    30.2 Failure of the successful tenderer to comply with the requirement of Clause 29 or Clause30 shall constitute sufficient grounds for the annulment of the award and forfeiture of thetender security, in which event KenGen may make the award to the next lowest evaluatedtenderer or call for new tenders.

    31. Corrupt or Fraudulent Practices31.1 KenGen requires that tenderers observe the highest standard of ethics during the procurement

    process and execution of contracts. In pursuance of this policy, KenGen:-

    (a) defines, for the purposes of this provision, the terms set forth below as follows:

    (i) corrupt practice means the offering, giving, receiving or soliciting of anything ofvalue to influence the action of a public official in the procurement process or incontract execution; and

    (ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of KenGen, andincludes collusive practice among tenderers (prior to or after tender submission)designed to establish tender prices at artificial non-competitive levels and to depriveKenGen of the benefits of free and open competition;

    (b) will reject a proposal for award if it determines that the tenderer recommended for awardhas engaged in corrupt or fraudulent practices in competing for the contract in question;

    (c) will declare a firm ineligible, either indefinitely or for a stated period of time, to beawarded any contract if it at any time determines that the firm has engaged in corrupt orfraudulent practices in competing for, or in executing, a contract.

    31.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions ofContract.

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    SECTION C

    GENERAL CONDITIONS OF CONTRACT

    1. Definitions

    1.1 In this Contract, the following terms shall be interpreted as indicated:

    (a) The Contract means the agreement entered into between KenGen and theSupplier, as recorded in the Contract Form signed by the parties, including allattachments and appendices thereto and all documents incorporated by referencetherein.

    (b) The Contract Price means the price payable to the Supplier under the Contract forthe full and proper performance of its contractual obligations.

    (c) The Supplier means the individual or firm supplying the goods under thisContract.

    (d) The Goods means all of the equipment, machinery, and/or other materials, whichthe Supplier is required to supply to KenGen under this Contract.

    2. Application

    2.1 These General Conditions shall apply in all Contracts made by KenGen for the procurement of goods.

    3. Country of Origin

    3.1 For purposes of this Clause, origin means the place where the Goods weremanufactured or produced.

    3.2 The origin of the Goods is distinct from the nationality of the Supplier.

    4. Standards

    4.1 The Goods supplied under this Contract shall conform to the standards mentioned in theTechnical Specifications.

    5. Use of Contract Documents and Information

    5.1 The Supplier shall not, without KenGens prior written consent, disclose the Contract, orany provision thereof, or any specification, plan, drawing, pattern, sample, orinformation furnished by or on behalf of KenGen in connection therewith, to any personother than a person employed by the Supplier in the performance of the Contract.

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    5.2 The Supplier shall not, without KenGens prior written consent, make use of anydocument or information enumerated in Clause 5.1 above.

    5.3 Any document, other than the Contract itself, enumerated in Clause 5.1 shall remain the property of KenGen and shall be returned (all copies) to KenGen on completion of theSuppliers performance obligations under the Contract if so required by KenGen.

    6. Patent Rights

    6.1 The Supplier shall indemnify KenGen against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any partthereof in Kenya.

    7. Performance Security

    7.1 Within fourteen (14) days of receipt of the notification of Contract award, the successfulTenderer shall furnish to the Purchaser the performance security in accordance with theamount specified in Special Conditions of Contract.

    7.2 The proceeds of the performance security shall be payable to KenGen as compensationfor any loss resulting from the Suppliers failure to complete its obligations under theContract.

    7.3 The performance security shall be denominated in the currency of the Contract, or in afreely convertible currency acceptable to KenGen and shall be in the form of a bankguarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya orabroad, acceptable to KenGen, in the form provided in the tender document.

    7.4 The performance security will be discharged by KenGen and returned to the Supplier notlater than thirty (30) days following the date of completion of the Suppliers performanceobligations under the Contract, including any warranty obligations, under the Contract.

    8. Inspection and Tests

    8.1 KenGen or its representative shall have the right to inspect and/or to test the Goods toconfirm their conformity to the Contract specifications. KenGen shall notify the Supplierin writing, in a timely manner, of the identity of any representatives retained for these

    purposes.

    8.2 The inspections and tests may be conducted on the premises of the Supplier or itssubcontractor(s), at point of delivery, and/or at the Goods final destination. If conductedon the premises of the Supplier or its subcontractor(s), all reasonable facilities andassistance, including access to drawings and production data, shall be furnished to theinspectors at no charge to KenGen.

    8.3 Should any inspected or tested Goods fail to conform to the Specifications, KenGen mayreject the Goods, and the Supplier shall either replace the rejected Goods or makealterations necessary to meet specification requirements free of cost to KenGen.

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    8.4 KenGen's right to inspect, test and, where necessary, reject the Goods after the Goodsarrival shall in no way be limited or waived by reason of the Goods having previously

    been inspected, tested, and passed by KenGen or its representative prior to the Goodsdelivery.

    8.5 Nothing in Clause 8 shall in any way release the Supplier from any warranty or otherobligations under this Contract.

    8.6 All consignments subject to Pre-Export Verification of Conformity (PVoC) to StandardsProgramme must obtain a Certificate of Conformity (CoC) issued by PvoC CountryOffices Prior to shipment. The Certificate is a mandatory Customs Clearance document inKenya; Consignments arriving at Kenyan Ports without this document will be denied entryinto the Country. Since PVoC is a conformity assessment process to verify that productsimported to Kenya are in compliance with the applicable Kenya standards or approvedequivalents, regulations and technical requirements before shipment, it is the soleresponsibility of the supplier (i.e. exporter) to demonstrate the same and hence meet anyassociated costs of verification.

    9 Packing

    9.1 The Supplier shall provide such packing of the Goods as is required to prevent theirdamage or deterioration during transit to their final destination, as indicated in theContract.

    9.2 The packing, marking, and documentation within and outside the packages shall complystrictly with such special requirements as shall be expressly provided for in the Contract.

    10. Delivery and Documents

    10.1 Delivery of the Goods shall be made by the Supplier in accordance with the termsspecified by KenGen in its Schedule of Requirements and the Special Conditions ofContract.

    11. Insurance

    11.1 The Goods supplied under the Contract shall be fully insured against loss or damageincidental to manufacture or acquisition, transportation, storage, and delivery in themanner specified in the Special Conditions of Contract

    12. Warranty

    12.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of themost recent or current models, and that they incorporate all recent improvements indesign and materials unless provided otherwise in the Contract. The Supplier furtherwarrants that all Goods supplied under this Contract shall have no defect, arising fromdesign, materials, workmanship, or from any act or omission of the Supplier, that may

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    develop under normal use of the supplied Goods in the conditions prevailing in thecountry.

    12.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portionthereof as the case may be, have been delivered to and accepted at the final destinationindicated in the Contract.

    12.3 KenGen shall promptly notify the Supplier in writing of any claims arising under thiswarranty.

    12.4 Upon receipt of such notice, the Supplier shall, within a period of 30 days, and with allreasonable speed, repair or replace the defective Goods or parts thereof, without costs toKenGen.

    12.4 If the Supplier, having been notified, fails to remedy the defect(s) within the periodspecified in 12.4 above, within a reasonable period, KenGen may proceed to take suchremedial action as may be necessary, at the Suppliers risk and expense and without

    prejudice to any other rights which KenGen may have against the Supplier under theContract.

    13. Payment

    13.1 The method and conditions of payment to be made to the Supplier under this Contractshall be specified in Special Conditions of Contract.

    13.2 Payments shall be made promptly by KenGen as specified in the Contract.

    14. Prices

    14.1 Prices charged by the Supplier for Goods delivered under the Contract shall not, with theexception of any price adjustments authorized in Special Conditions of Contract, varyfrom the prices quoted by the Supplier in its tender.

    15. Assignment

    15.1 The Supplier shall not assign, in whole or in part, its obligations to perform under thisContract, except with KenGens prior written consent.

    16. Subcontracts

    16.1 The Supplier shall notify KenGen in writing of all subcontracts awarded under thisContract if not already specified in the tender. Such notification, in the original tender orlater, shall not relieve the Supplier from any liability or obligation under the Contract.

    17. Termination for Default

    17.1 KenGen may, without prejudice to any other remedy for breach of Contract, by writtennotice of default sent to the Supplier, terminate this Contract in whole or in part:

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    (a) if the Supplier fails to deliver the Goods within the period(s) specified in theContract, or within any extension thereof granted by KenGen.

    (b) if the Supplier fails to perform any other obligation(s) under the Contract.

    (c) if the Supplier, in the judgment of KenGen has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

    17.2 In the event KenGen terminates the Contract in whole or in part, it may procure, uponsuch terms and in such manner, as it deems appropriate, Goods similar to thoseundelivered, and the Supplier shall be liable to KenGen for any excess costs for suchGoods.

    18. Liquidated Damages

    17.1 If the Supplier fails to deliver the Goods within the period(s) specified in the Contract,KenGen shall, without prejudice to its other remedies under the Contract, deduct fromthe Contract Price, as liquidated damages, a sum equivalent to 0.5% of the delivered

    price of the delayed Goods for each week of delay until actual delivery, up to amaximum deduction of 10% of the delivered price of the delayed Goods. After thisKenGen may consider termination of the Contract.

    19. Resolution of Disputes

    19.1 KenGen and the Supplier shall make every effort to resolve amicably by direct informalnegotiation any disagreement or dispute arising between them under or in connectionwith the Contract.

    19.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a Contract dispute, either party may requirethat the dispute be referred for resolution to formal mechanisms. These mechanismsinclude, but are not restricted to, conciliation by a third party, adjudication in an agreednational or international forum, and/or international arbitration.

    20. Language and Law

    20.1 The language of the Contract and the law governing the Contract shall be Englishlanguage and the Laws of Kenya respectively unless otherwise stated.

    21. Force Majeure

    21.1 The Supplier shall not be liable for forfeiture of its performance security, or terminationfor default if and to the extent that its delay in performance or other failure to perform itsobligations under the Contract is the result of an event of Force Majeure.

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    SECTION D

    SPECIAL CONDITIONS OF CONTRACT

    1. Definitions

    The Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, KolobotRoad, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legalrepresentatives, successors or assigns.

    2. Application

    The following Special Conditions of Contract shall supplement the General Conditions ofContract. Whenever there is a conflict, the provisions herein shall prevail over those in theGeneral Conditions of Contract.

    7. Performance Security

    7.1 The Performance Security shall be in the amount of 10% of the total Contract Price

    7.2 The Procuring Entity shall not be required to demonstrate the loss it has suffered.

    7.3 Performance Security shall be valid for a minimum of 60 days after delivery.

    7.4 Performance Security shall be discharged by the Procuring Entity and returned to theSuppliers not earlier than 30 days after proof of satisfactory delivery and acceptanceof the goods under the contract

    8. Inspections and Tests

    All consignments subject to Pre-Export Verification of Conformity (PVoC) to StandardsProgramme must obtain a Certificate of Conformity (CoC) issued by PvoC Country OfficesPrior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya;Consignments arriving at Kenyan Ports without this document will be denied entry into theCountry. Since PVoC is a conformity assessment process to verify that products imported toKenya are in compliance with the applicable Kenya standards or approved equivalents,regulations and technical requirements before shipment, it is the sole responsibility of thesupplier (i.e. exporter) to demonstrate the same and hence meet any associated costs of

    verification.

    10. Delivery Period

    The Goods shall be delivered within one (1) month after the date of contract award.Delivery must be for a complete schedule. Partial delivery shall not be accepted.

    12. Warranty

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    Supplier to issue warrant for goods to be free of defects in material and workmanship fromdate of purchase of One (1) Year.

    13. Payment Terms and Conditions

    Payment Terms & Conditions

    The credit period shall be:-

    6.1 (a) Kenya Electricity Generating Company's payment terms are 30 days upon receipt ofcertified invoices and delivery notes confirming that the invoiced material has been deliveredand is in accordance with the contract.

    6.2 (a) For Local Suppliers

    Payment shall be made through Kenya Electricity Generating Company'scheque or telegraphictransfer for the amount of contract. The terms shall be:-

    (i.) Strictly Delivered and Duty Paid (DDP), to KenGenOlkaria Rig Stores .

    6.2 (b) Advance Payment

    Advance Payment is not applicable.

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    24

    SECTION ETECHNICAL SPECIFICATIONS & PRICE SCHEDULE

    KenGen intends to have a heavy duty public address systems that can be used both indoorsand outdoors. All the components can be used together or in part depending on occasion

    and/or venue. It is therefore necessary to have every component inter-connectable.

    TECHNICAL SPECIFICATIONS

    1.0 POWER AMPLIFIER

    SPECIFICATION DESCRIPTION Bidders Offer Complied/ NotComplied

    Display Integrated proprietary DSPwith LCD front paneldisplay

    Sound QualityAccurate, uncolored soundwith very low distortion forthe best in music and voicereproduction

    Protection Advanced protectioncircuitry guards against:shorted outputs, opencircuits, DC, mismatchedloads, general overheating,high-frequency overloadsand internal faults

    Output Power 3200 W

    Power Supply Switch-mode universal power supply 240 , 50 hz

    Frequencies Speaker presets forcrossover frequencies, EQ,limiting, and delay

    Size All products fill 2U rackspaces and weigh under 17lbs.; weight sets a newstandard in lightweightamps (20% less)

    Outputs Speakon and binding postoutputs, XLR inputs andloop-thrus

    Led Display Comprehensive LED status per channel

    Warranty 1-Year, No-Fault, FullyTransferable Warranty

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    2.0 POWER AMPLIFIER

    SPECIFICATION DESCRIPTION Bidders Offer Complied/ NotComplied

    Display Integrated proprietaryDSP with LCD front

    panel displaySound Quality Accurate, uncolored

    sound with very lowdistortion for the best inmusic and voicereproduction

    Protection Advanced protectioncircuitry guards against:shorted outputs, open

    circuits, DC,mismatched loads,general overheating,high-frequencyoverloads and internalfaults

    Output Power 1200 W

    Power Supply Switch-mode universal power supply 240 , 50hz

    Frequencies Speaker presets forcrossover frequencies,EQ, limiting, and delay

    Size All products fill 2U rackspaces and weigh under17 lbs.; weight sets anew standard inlightweight amps (20%less)

    Outputs Speakon and binding post outputs, XLR inputsand loop-thrus

    Led Display Comprehensive LEDstatus per channel

    Warranty 1-Year, No-Fault, FullyTransferable Warranty

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    3.0 LOUDSPEAKER 1000W

    SPECIFICATION DESCRIPTION Bidders Offer Complied/ NotComplied

    Coverage Pattern 90 x 50 nominal

    Directivity Index(DI) 10.0 dB

    Directivity Factor(Q)

    10.0

    Enclosure Asymmetrical, 18 mm, plywood

    Suspension/Mounting

    Dual 36 mm polesocket, 8 x M10Suspension Points and1 x

    Transport Integrated handlewith backing cup

    Finish Obsidian DuraFlexfinish

    Grille . Powder coated,Obsidian, 16 gauge

    perforated steel withacousticallytransparent black cloth

    backingDimensions (H x Wx D)

    660 mm x 429 mm x414 mm

    Input Connectors Balanced XLR / 1/4"combo jack with XLRloop-through

    Net Weight :19.7 kg (43.5 lb)

    Gross Weight 24.2 KG (53.5 lb)

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    4.0 MIXER Professional, 16 channels mono and 4 channels stereo

    SPECIFICATION DESCRIPTION Bidders Offer Complied/ NotComplied

    Mic/Line inputs 10Line inputs 8 mono + 4 stereoMixer input channels 16Group busses 4AUX busses 3Main busses: StereoTotal harmonicdistortion (THD+N)

    Less than 0.1%,20Hz-20kHz

    Frequency response :0, +1, -3dB, 20Hz-20kHz

    Equivalent input noise

    (EIN

    -128dBu

    Residual output noise : -98dBuCrosstalk (1kHz):Power supply adaptor:PA-30

    AC adaptor(AC35VCT, 1.4A);100V, 120V, 220V,230V or 240V,50/60Hz

    Powerconsumption

    35W

    Dimensions: 478x105x496 mm

    Net weight 5.5 kgAccessories: Owners manual, AC

    adaptor

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    5.0 DVD Player, professional, 5cd changer

    SPECIFICATION DESCRIPTION Bidders Offer Complied/ NotComplied

    Inputs/outputs

    AUX 1 input AUX 2 input

    DimensionsChanger

    Height: 3.3 in(8.7 cm)

    Width: 18 in(45.7 cm)

    Depth: 8.4 in(21.1 cm)

    Weight: 6.7

    lbs (3.04 kg)

    Remote control Yes

    Digital FM/AM tuner YesChanger 5 CD changer

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    SECTION FPRICE SCHEDULE: SUPPLY OF PUBLIC ADDRESS SYSTEM FOR OLKARIA

    Item KenGens MinimumSpecifications/Requirements

    Bidders Offer Unit Qty UnitPrice

    TotalPrice

    Complied/NotComplied

    Specify Brand Name

    1. Power Amplifiers 3200Watts pc 12. Power Amplifier 1200Watts pc 13. Mixer, Professional, 16 channels

    mono and 4 channels stereo. pc 1

    4. Mixer, 12 channels medium size. pc 15. Loudspeakers 2000Watts, floor

    standing, 2 x 15. pc 2

    6. DVD Player, professional, 5cdchanger

    pc 1

    7. Loudspeaker 1000Watts pc 28 Loudspeaker 400Watts pc 49

    Monitor Speaker, 1000Watts pc 1

    10.Microphone, Wired, ShureSM58S

    pc 2

    11.Microphone, Wireless, ShurePG288/PG58 Dual Vocal

    Wireless System.

    set 1

    12. Microphone, Wireless lapel,Shure SLX14/93 WirelessLavalier

    pc 2

    13. Microphone, Gooseneck, ShureMX412D/C Cardoid desktop.

    pc 1

    14. Speaker Stand, heavy duty,tripod.

    pc 6

    15. Microphone stand, Desktop pc 1

    16. Microphone stand, onstage pc 117. Speaker cables & jacks set 1

    18. Microphone XLR-XLR cable pc 4

    19. Power Extension Cable 2.5mm25m, reel

    pc 2

    20. All above items should worksafely with electrical power at

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    1. Quote as per specifications attached to the Tender, otherwise the Tender will be declarednon-responsive

    TENDERERS NAME ----------------------------------------------------------------------------------

    TENDERER'S SIGNATURE --------------------------------------------------------------------------

    COMPANYS RUBBER STAMP ---------------------------------------------------------------------

    DELIVERY PERIOD ------------------------------------------------------------------------------------ Note : In case of discrepancy between unit price and total, the unit price shall prevail

    240V AC, 50Hz whereapplicable

    21. Carrying boxes set 1

    22. Tent, width 6, length 8 set 1

    23. Provision for HDMI and USB ports

    2

    24. Delivery to Olkaria PowerStation, Naivasha

    25. Installation and Commissioning

    26. At least1 Year ManufacturersWarranty

    27. Authorized Dealership by themanufacturer (attach proof)

    28. Technical User Training for ICTstaff

    No. 2

    Discount (if any).

    VAT and any other charges if(any).

    Transport to Olkaria (Approx260kms to & fr om Nairobi)

    GRAND TOTAL COST DELIVERED TO OLKARIA

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    SECTION G

    TENDER FORM

    To: Kenya Electricity Generating Company Limited,Stima Plaza Phase III, Kolobot Road, Parklands,

    P.O Box 47936-00100,NAIROBI. Kenya.

    Gentlemen and/or Ladies:

    1. Having examined the Tender Document, the receipt of which is hereby duly acknowledged,we, the undersigned, offer to supply . (description of Goods) inconformity with the said Tender Document for the sum of................................................................................. ......................... (total tender amount in words and figures) or such other sums as may be ascertained inaccordance with the Schedule of Prices attached herewith and made part of this Tender.

    2. We undertake, if our Tender is accepted, to deliver the Goods in accordance with the deliveryschedule specified in the Schedule of Requirements.

    3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10% percent of the Contract Price for the due performance of the Contract, in the form prescribed by KenGen.

    4. We agree to abide by this Tender for a period of 90days from the date fixed for Tenderopening under Clause 20 of the Instructions to Tenderers, and it shall remain binding upon usand may be accepted at any time before the expiration of that period.

    5. Until a formal Contract is prepared and executed, this Tender, together with your writtenacceptance thereof and your notification of award, shall constitute a binding Contract

    between us.

    6. We understand that you are not bound to accept the lowest or any Tender you may receive.

    Dated this ________________ day of ________________ 2013.

    [signature] [in the capacity of]

    Duly authorized to sign Tender for and on behalf of

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    SECTION H

    TENDER-SECURING DECLARATION FORM[The Bidder shall complete in this Form in accordance with the instructions indicated]

    Date: [insert date (as day, month and year) of Bid Submission] Tender No. [ Insert number ofbidding process ]

    To: Kenya Electricity Generating Company

    We, the undersigned, declare that:1. We understand that, according to your conditions, bids must be supported by a Bid-

    Securing Declaration.2. We accept that we will automatically be suspended from being eligible for bidding in any

    contract with the Purchaser for the period of time of [12 months] starting on [ insert dateof signing this form ], if we are in breach of our obligation(s) under the bid conditions,

    because we a) Have withdrawn our Bid during the period of bid validity specified by us in the

    Bidding Data Sheet; or b) Having been notified of the acceptance of our Bid by the Purchaser during the period

    of bid validity,(i) Fail or refuse to execute the Contract, if required, or(ii) Fail or refuse to furnish the Performance Security, in accordance with the ITT.

    3. We understand that this Bid Securing Declaration shall expire if we are not the successfulBidder, upon the earlier of

    (i) Our receipt of a copy of your notification of the name of the successfulBidder; or

    (ii) Thirty days after the expiration of our Tender.4. We understand that if we are a Joint Venture, the Bid Securing Declaration must be in the

    name of the Joint Venture that submits the bid, and the Joint Venture has not been legallyconstituted at the time of bidding, the Bid Securing Declaration shall be in the names ofall future partners as named in the letter of intent.

    Signed: [ insert signature of person whose name and capacity are shown ] in the capacity of[insert legal capacity of person signing the Bid Securing Declaration ]

    Name: [ insert complete name of person signing the Bid Securing Declaration ]

    Duly authorized to sign the bid for and on behalf of: [ insert complete name of Bidder ]

    Dated on . day of ., . [ Insert date of signing ]

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    SECTION I

    CONTRACT FORM

    THIS AGREEMENT made the _____ day of _________________ 2013 between KenyaElectricity Generating Company Limited of Kenya (hereinafter called the Employer) of theone part and __________________________________________ (hereinafter called theContractor ) of the other part:

    WHEREAS the Employer invited tenders for Tender for Supply of Public Address System forOlkaria Geothermal Project and ancillary services, viz., Supply of Public Address System forOlkaria Geothermal Projectand has accepted a tender by the Contractor for the provision of thesupply in the sum of

    _____________________________________________________________________( words)

    _________________________ (figures] (hereinafter called the Contract Price).

    NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

    1. In this Agreement words and expressions shall have the same meanings as arerespectively assigned to them in the Conditions of Contract referred to.

    2. The following documents shall be deemed to form and be read and construed as part ofthis Agreement, viz.:

    (a) The Tender Form and the Price Schedule submitted by the Tenderer;

    (b) The Schedule of Requirements;

    (c) The General Conditions of Contract;

    (d) The Special Conditions of Contract; and

    (e) The Employers Notification of Award.

    3. In consideration of the payments to be made by the Employer to the Contractor ashereinafter mentioned, the Contractor hereby covenants with the Employer to provide theservices and to remedy defects therein in conformity in all respects with the provisions of theContract

    4. The Employer hereby covenants to pay the Contractor in consideration of the provisionof the Public Address System for Olkaria Geothermal Project and services and the remedyingof 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.

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    IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with their respective laws the day and year first above written.

    Signed

    For the Employer in the presence of:

    COMPANY SECRETARY ) ))))))

    WITNESS )

    )

    SignedFor the Contractor in the presence of:

    DIRECTOR ) ))))))

    SECRETARY ))

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    SECTION J

    PERFORMANCE SECURITY FORM(To be on th e L etterhead of th e Bank)

    To: Kenya Electricity Generating Company Ltd,Stima Plaza Phase III, Kolobot Road, Parklands,

    P.O Box 479360-00100,NAIROBI. KENYA

    WHEREAS _____________________________________________________ [name ofContractor] (hereinafter called the Contractor) has undertaken, in pursuance of Contract No.

    ___________ dated ______________________ 2013 to provide ______________________________________________________________________________

    ____________ ( hereinafter called the Contract). AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shallfurnish you with a bank guarantee by a reputable bank for the sum specified therein PerformanceSecurity for compliance with the Contractors performance obligations in accordance with theContract.

    AND WHEREAS we have agreed to give the Contractor a guarantee:

    THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of theContractor, up to a total __________________________________________________________

    _____________________( words)_____________(figures], and we undertake to pay you, uponyour first written demand declaring the Contractor to be in default under the Contract andwithout cavil or argument, any sum or sums within the limitsof_______________________________________

    _____________________________________as aforesaid, without your needing to prove or toshow grounds or reasons for your demand or the sum specified therein.

    This guarantee is valid until the _____ day of __________2013.

    Signature and seal of the Guarantors

    [Name of bank]

    [Address]

    [Date]

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    SECTION K

    PRODUCT GUARANTEE/WARRANTY FORM

    To : Kenya Electricity Generating Company Ltd

    WHEREAS . [Name of the Tenderer]

    Who are established and reputable Suppliers of. [name and/or description for Goods]having Offices at. [Office Address] Do hereby authorize. [Name and address of Tenderer] To submit a tender, and subsequently negotiate and sign the Contract with you against tender

    No.. [Reference of the Tender] For the above Linen & Furniture for Olkaria Geothermal Spa Project .

    We hereby extend our full guarantee and warranty as per the General Conditions of Contract forsupply of Linen & Furniture for Olkaria Geothermal Spa Project offered for supply againstthis Invitation for Tenders.

    [Signature for and on behalf of Tenderer]

    Note: This letter of authority should be on the letterhead of the Tenderer and should be signed by an official signatory.

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    SECTION L

    MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE ( Must be filled by all applicants or tenderers who choose to participate in this tender )

    Name of A pplicant (S)

    .

    You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whicheverapplies to your type of business. Part 2 (d) to part 2(i) must be filled.You are advised that giving wrong or false information on this Form will lead to automaticdisqualification / termination of your business proposal at your cost.

    Part 1 General

    Business Name:...... Certificate of Incorporation / Registration No. Location of business premises: Country ... Physical address .Town . BuildingFloor.. Plot No. Street / Road .... Postal Address .Postal / Country Code Telephone Nos Fax Nos. . E-mail address ..Website. Contact Person ( Full Names ) .Direct / Mobile Nos. .. Title Power of Attorney ( Yes / No ). If Yes, attach writtendocument.

    Nature of Business ( Indicate whether manufacturer, distributor, etc) ...

    (Applicable to Local suppliers only)Local Authority Trading License No. Expiry Date

    Value Added Tax No..

    Value of the largest single assignment you have undertaken to date ( US$/KShs) . Was this successfully undertaken? Yes / No . .(If Yes , attach reference)

    Name (s) of your banker (s) .. Branches . Tel Nos. .

    Part 2 (a) Sole Propri etorsFull names .....

    Nationality .. Country of Origin ....

    *Citizenship details.....

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    Company Profile . ( Attach brochures or annual reports in case of publiccompanies)

    Part 2 (b) Par tnerships

    Give details of partners as follows:Full Name Nationality Citizenship Details Shares1234

    Company Profile .( Attach brochures)

    Part 2 (c) Registered Company

    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:-NOTE: THIS SECTION MUST BE FILLED TO QUALIFY FORDOMESTIC PREFERENCE.

    Full Name Nationality Citizenship Details Percentage ofShares

    Age/Gender

    1234

    Part 2 (d) DebarmentI/We declare that I/We have not been debarred from any procurement process and shall notengage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen andany other public or private institutions.Full Names Signature. Dated this day of 2013. In the capacity of Duly authorized to sign Tender for and on behalf of

    Part 2 (e) Criminal Of fence

    I/We, (Name (s) of Director (s)):-

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    a) ... b) ...c) d)

    Have not been convicted of any criminal offence relating to professional conduct or the makingof false statements or misrepresentations as to its qualifications to enter into a procurementcontract 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 .2013. Suppliers / Companys Official Rubber Stamp

    Part 2 (f) Confl ict of I nterestI/We, the undersigned state that I / We have no conflict of interest in relation to this

    procurement:

    a) b) c) d)

    For and on behalf of M/s In the capacity of Dated this day of .2013 Suppliers / Companys Official Rubber Stamp

    Part 2 (g) I nterest in the F ir m:

    Is there any person / persons in KenGen or any other public institution who has interest in theFirm? Yes / No? .. ( Delete as necessary)

    Institution Title Signature Date1234

    Part 2(h) E xperience

    Please list here below similar projects accomplished or companies / clients you have suppliedwith similar items or equipments in the last two (2) years.

    Company Name

    Country Contract/Order No.

    Value Contact person(Full

    E-mailaddress

    Cell phone No.

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    Names)1234

    Note: The contact person should be at the level of director.

    Part 2(i) Declaration

    I / We, the undersigned state and declare that the above information is correct and that I / Wegive Procurement Entity authority to seek any other references concerning my / our companyfrom 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 .2013.

    Suppliers / Companys Official Rubber Stamp

    *Attach proof of citizenship

    * Attach certified copies of the following documents:

    a) Previous orders from companies supplied before b) Certificate of Incorporation / Registrationc) Tax Compliance Certificate (for local suppliers)d) Copy of Bank Statements for the last Six Months/Bank Reference Lettere) Certificate of Registration in a target group issued by the Ministry of Finance or

    Respective County Treasury*The above documents should be submitted if they are applicable to bidder.