KGN OLK 86 2013 Tender for Supply of Electrical Power Cable for Olkaria Geothermal Project

8/14/2019 KGN OLK 86 2013 Tender for Supply of Electrical Power Cable for Olkaria Geothermal Project

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Supply of Electrical Power Cable for Olkaria Geothermal Project

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KENYA ELECTRICITY GENERATING

COMPANY LTD

KGN-OLK-86-2013

TENDER FOR SUPPLY OF ELECTRICAL

POWER CABLE FOR OLKARIA GEOTHERMAL

PROJECT

(REGISTERED GROUPS OF YOUTH , WOMEN AND

PERSONS WITH DISABI L I TY)

Kenya Electricity Generating Company Ltd,

Stima Plaza Phase III,

Kolobot Rd, Parklands,

P.O Box 4793600100.

NAIROBIKENYA.

www.kengen.co.ke

November, 2013


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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.................................................................... 17

Section E: Technical Specifications and Price Schedules.................................................. 18

Section F: Tender Form ........................................................................................... 20

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 B

INSTRUCTIONS TO TENDERERS

Introduction

1. Eligible Tenderers

1.1 This Invitation for Tenders is open to all tenderers. The successful tenderer shallcomplete the 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 its

tender, and KenGen, will in no case be responsible or liable for those costs, regardless of

the conduct or outcome of the tendering process.

The Tender Document

3 Contents

3.1The 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 Security Form(h) Mandatory Confidential Business Questionnaire(i) Contract Form(j) Performance Security Form(k) Manufacturers Authorization Form

3.2The 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 to

submit a tender not substantially responsive to the tender document in every respect will be

at the tenderers risk and may result in the rejection of its tender.

4. Clarification of Tender Document

4.1 A prospective tenderer requiring any clarification of the tender document may notifyKenGen in writing (email in PDF format or by facsimile) at the following address:


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Supply Chain Manager

Kenya Electricity Generating Company Ltd (KenGen)

Ground Floor, Stima Plaza, Phase III

Kolobot Road, Parklands

P.O Box 47936 - 00100

NAIROBI, KENYA

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

[email protected]

KenGen will respond in writing to any request for clarification received no later than

Seven (7)calendar days prior to the deadline of submission of tenders.

5. Amendment of Tender Document

5.1 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 prospective

tenderer, may modify the tender document by amendment.

5.2 All prospective tenderers that have received the tender document will be notified of the

amendment in writing (email in PDF format or by facsimile), and will be binding on

them.

5.3 In order to allow prospective tenderers reasonable time in which to take the amendment

into account in preparing their tenders, KenGen, at its discretion, may extend the deadline

for the submission of tenders.

Preparation of Tenders

6. Language of Tender6.1The 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. Supporting

document and printed literature furnished by the tenderer may be written in another

language 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 translation

shall govern.

7. Document Comprising the Tender

7.1 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

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 Prices
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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9.1 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 For local suppliers, prices indicated on the Price Schedule shall be Delivered and Duty

Paid (DDP) to Olkaria.

9.3 For foreign suppliers, prices indicated on the Price Schedule shall be Cost & Freight

(CFR)Mombasa.

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 an

adjustable price quotation will be treated as non-responsive and will be rejected, pursuant

to Clause 21.

10. Tender Currencies

10.1 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 toKenGens satisfaction that the tenderer, at the time of submission of its tender, is from an

eligible source country.

11.3 The documentary evidence of the tenderers qualifications to perform the contract if itstender is accepted shall establish to KenGens 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 duly

authorized by the goodss Manufacturer or producer to supply the goods;

(b) that the tenderer has the financial, technical, and production capability necessary toperform 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 supply

under the contract.

12.2 The documentary evidence of the eligibility of the goods shall consist of a statement in

the Price Schedule of the country of origin of the goods offered, which shall be

confirmed 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 inthe form of literature, drawings, and data, and shall consist of:


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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 be

sealed in an outer envelope.

16.2 The inner and outer envelopes shall:

(a) be addressed to:Company Secretary/Legal & Corporate Affairs Director

Kenya Electricity Generating Company Limited

7thFloor, Stima Plaza Phase III

Kolobot Road, Parklands

P.O. Box 47936-00100

NAIROBI

(b) bear, " TENDER FOR SUPPLY OF ELECTRICAL POWER CABLE FOROLKARIA GEOTHERMAL PROJECT", and the statement: DO NOT OPENBEFORE 6

THDECEMBER 2013 AT 11.30 A.M.

16.3 The inner envelopes shall also indicate the name and address of the tenderer to enable the

tender 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 will

assume no responsibility for the tenders misplacement or premature opening.

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

than 6th

December 2013 at 11.00 a.m.

17.2 KenGen may, at its discretion, extend this deadline for the submission of tenders by

amending the tender document in accordance with Clause 5, in which case all rights and

obligations of KenGen and tenderers previously subject to the deadline will thereafter be

subject 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 the

tenders, 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 may

also be sent by cable, but followed by a signed confirmation copy, postmarked not later

than the deadline for submission of tenders.

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

18.4 No tender will be withdrawn in the interval between the deadline for submission of

tenders and the expiration of the period of tender validity specified by the tenderer on the

Tender Form. Withdrawal of a tender during this interval may result in the tenderers

forfeiture of its tender security, pursuant to Clause 13.7.


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19. Alternative Proposals by Tenderers

19.1 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 alternative

items 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 6thDecember 2013 at 11.30 a.m. The tenderers representatives who are

present shall sign a register evidencing their attendance.

20.2 The tenderers names, tender modifications or withdrawals, tender prices, discounts, and

the presence or absence of requisite tender security and such other details as KenGen, at

its 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 clarification

and the response shall be in writing (email in PDF format or by facsimile), and no change

in 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 Examination22.1 KenGen 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 generally

in 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 price

and quantity, the unit price shall prevail, and the total price shall be corrected. If the

tenderer does not accept the correction of the errors, its tender will be rejected, and its

tender security may be forfeited. If there is a discrepancy between words and figures, the

amount in words will prevail.

22.3 KenGen may waive any minor informality or non-conformity or irregularity in a tender

which does not constitute a material deviation, provided such waiver does not prejudice

or affect the relative ranking of any tenderer.

22.4 Prior to the detailed evaluation, pursuant to Clause 23, KenGen will determine the

substantial 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 and

conditions of the tender document without material deviations. KenGens determination

of a tenders responsiveness is to be based on the contents of the tender itself without

recourse to extrinsic evidence.


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22.5If 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 CriteriaEvidence 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 to 5thApril 2014 thirty (30) days

beyond the validity of the tender i.e 120 days from the date of tender closing.

Valid Tax Compliance Certificate issued by Kenya Revenue Authority (for localsuppliers)

Business/Company profileCertificate 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 forprice adjustment during the period of execution of the contract, if provided in the tender.

23.3KenGens 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 BusinessQuestionnaire;

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

Monthafter the date of signing the Contract respectively;

e) Deviation in payment schedule from that specified in the Special Conditions ofContract;

f) Compliance to the technical specifications. Documentary evidence to prove that theequipment offered comply with the Technical Specifications must be provided;

g) Compliance with Section E requirements.h) The purchaser will conduct a due diligence on the successful bidder.

23.6 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 and reservations schemes, anenterprise owned by youth, women or persons with disabilities shall be a legal entity

that:-

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


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(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, respectively

c) If such additional preference schemes apply, details will be given in the under SectionKMandatory Business Questionnaire.

d) The Purchaser will review the bids to confirm the appropriateness and conformance tospecifications of the offered goods to the required specifications.

24. Contacting KenGen24.1 Subject 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, tender

comparison, 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 responsive

and has been determined to be the lowest evaluated tender.

26. KenGens Right to Vary Quantities26.1 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 any

change in unit price or other terms and conditions.

27. KenGens Right to Accept or Reject Any or All Tenders27.1 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 thereby

incurring any liability to the affected tenderer or tenderers or any obligation to inform the

affected tenderer or tenderers of the grounds for its action.

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

tenderer in writing that its tender has been accepted.

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

security, 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 tender

document, incorporating all agreements between the parties.

29.2 Within fourteen (14) days of receipt of the Contract Form, the successful tenderer shall


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sign 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 the

Performance Security Form provided in the tender document, or in another form

acceptable to KenGen.

30.2 Failure of the successful tenderer to comply with the requirement of Clause 29 or Clause

30 shall constitute sufficient grounds for the annulment of the award and forfeiture of the

tender security, in which event KenGen may make the award to the next lowest evaluated

tenderer or call for new tenders.

31. Corrupt or Fraudulent Practices

31.1 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 any

thing of value to influence the action of a public official in the procurement

process or in contract 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, and includes collusive practice among tenderers (prior to or after

tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive KenGen of the benefits of free and open

competition;

(b) will reject a proposal for award if it determines that the tenderer recommended for

award has engaged in corrupt or fraudulent practices in competing for the contract

in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be

awarded any contract if it at any time determines that the firm has engaged in

corrupt or fraudulent practices in competing for, or in executing, a contract.

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

Contract.


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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 the Supplier,

as recorded in the Contract Form signed by the parties, including all attachments and

appendices thereto and all documents incorporated by reference therein.

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

(c) The Supplier means the individual or firm supplying the goods under this Contract.(d) The Goods means all of the equipment, machinery, and/or other materials, which the

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 Origin3.1 For purposes of this Clause, origin means the place where the Goods were manufactured 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 the

Technical Specifications.

5. Use of Contract Documents and Information

5.1 The Supplier shall not, without KenGens prior written consent, disclose the Contract, or anyprovision thereof, or any specification, plan, drawing, pattern, sample, or information

furnished by or on behalf of KenGen in connection therewith, to any person other than a

person employed by the Supplier in the performance of the Contract.

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

5.3 Any document, other than the Contract itself, enumerated in Clause 5.1 shall remain theproperty of KenGen and shall be returned (all copies) to KenGen on completion of the

Suppliers 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 part

thereof 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 the


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amount specified in Special Conditions of Contract.

7.2 The proceeds of the performance security shall be payable to KenGen as compensation for

any loss resulting from the Suppliers failure to complete its obligations under the Contract.

7.3 The performance security shall be denominated in the currency of the Contract, or in a freelyconvertible currency acceptable to KenGen and shall be in the form of a bank guarantee oran irrevocable letter of credit issued by a reputable bank located in Kenya or abroad,

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 performance

obligations 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 to

confirm their conformity to the Contract specifications. KenGen shall notify the Supplier in

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 its

subcontractor(s), at point of delivery, and/or at the Goods final destination. If conducted on

the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance,

including access to drawings and production data, shall be furnished to the inspectors 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 make alterations

necessary to meet specification requirements free of cost to KenGen.

8.4 KenGen's right to inspect, test and, where necessary, reject the Goods after the Goods

arrival 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 Goods delivery.

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

8.6All consignments subject to Pre-Export Verification of Conformity (PVoC) to StandardsProgramme must obtain a Certificate of Conformity (CoC) issued by PvoC Country Offices

Prior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya;

Consignments arriving at Kenyan Ports without this document will be denied entry into the

Country. Since PVoC is a conformity assessment process to verify that products imported to

Kenya are in compliance with the applicable Kenya standards or approved equivalents,

regulations and technical requirements before shipment, it is the sole responsibility of the

supplier (i.e. exporter) to demonstrate the same and hence meet any associated costs of

verification.

9 Packing9.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage

or deterioration during transit to their final destination, as indicated in the Contract.

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.


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10. Delivery and Documents

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

11. Insurance

11.1 The Goods supplied under the Contract shall be fully insured against loss or damage

incidental to manufacture or acquisition, transportation, storage, and delivery in the mannerspecified in the Special Conditions of Contract

12. Warranty12.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the

most recent or current models, and that they incorporate all recent improvements in design

and materials unless provided otherwise in the Contract. The Supplier further warrants that

all Goods supplied under this Contract shall have no defect, arising from design, materials,

workmanship, or from any act or omission of the Supplier, that may develop under normal

use of the supplied Goods in the conditions prevailing in the country.

12.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final destinationindicated in the Contract.

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

warranty.

12.4 Upon receipt of such notice, the Supplier shall, within a period of 30 days, and with all

reasonable speed, repair or replace the defective Goods or parts thereof, without costs to

KenGen.

12.4 If the Supplier, having been notified, fails to remedy the defect(s) within the period specifiedin 12.4 above, within a reasonable period, KenGen may proceed to take such remedial actionas may be necessary, at the Suppliers risk and expense and without prejudice to any other

rights which KenGen may have against the Supplier under the Contract.

13. Payment

13.1 The method and conditions of payment to be made to the Supplier under this Contract shall

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, vary from

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 this

Contract, except with KenGens prior written consent.

16. Subcontracts

16.1 The Supplier shall notify KenGen in writing of all subcontracts awarded under this Contract

if not already specified in the tender. Such notification, in the original tender or later, shall

not relieve the Supplier from any liability or obligation under the Contract.


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17. Termination for Default

17.1 KenGen may, without prejudice to any other remedy for breach of Contract, by written

notice of default sent to the Supplier, terminate this Contract in whole or in part:

(a) if the Supplier fails to deliver the Goods within the period(s) specified in the Contract,

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, upon suchterms and in such manner, as it deems appropriate, Goods similar to those undelivered, and the

Supplier shall be liable to KenGen for any excess costs for such Goods.

18. Liquidated Damages18.1 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 from the

Contract Price, as liquidated damages, a sum equivalent to 0.5% of the delivered price of thedelayed Goods for each week of delay until actual delivery, up to a maximum deduction of

10% of the delivered price of the delayed Goods. After this KenGen 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 informal

negotiation any disagreement or dispute arising between them under or in connection with

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 require that thedispute be referred for resolution to formal mechanisms. These mechanisms include, but are

not restricted to, conciliation by a third party, adjudication in an agreed national 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 English language

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 termination for

default if and to the extent that its delay in performance or other failure to perform its

obligations under the Contract is the result of an event of Force Majeure.


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SECTION D

SPECIAL CONDITIONS OF CONTRACT

1. DefinitionsThe Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, KolobotRoad, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legal

representatives, successors or assigns.

2. ApplicationThe following Special Conditions of Contract shall supplement the General Conditions of Contract.

Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions

of Contract.

7. Performance SecurityThe Performance Security shall be in the amount of 10% of the total Contract Price

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

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

Performance Security shall be discharged by the Procuring Entity and returned to the Suppliers not

earlier than 30 days after proof of satisfactory delivery and acceptance of the goods under the

contract

8. Inspections and Tests

All consignments subject to Pre-Export Verification of Conformity (PVoC) to Standards

Programme must obtain a Certificate of Conformity (CoC) issued by PvoC Country Offices Prior

to shipment. The Certificate is a mandatory Customs Clearance document in Kenya;Consignments arriving at Kenyan Ports without this document will be denied entry into the

Country. Since PVoC is a conformity assessment process to verify that products imported to

Kenya are in compliance with the applicable Kenya standards or approved equivalents,

regulations and technical requirements before shipment, it is the sole responsibility of the supplier

(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) monthafter the date of contract award. Delivery

must be for a complete schedule. Partial delivery shall not be accepted.

13. Payment Terms and ConditionsKenGens payment terms are 30 days upon receipt of certified invoices and delivery notes

confirming that the invoiced material has been delivered and is in accordance with the contract.

Payment shall be made through KenGens cheque or telegraphic transfer for the amount of contract.

The terms shall be strictly Delivered and Duty Paid (DDP) to Olkaria Rig Store.

Advance PaymentAdvance payment is not applicable.

14. Prices

Prices shall be fixed during the Suppliers performance of the Contract and not subject tovariation on any account.


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SECTION E

TECHNICAL SPECIFICATIONS AND PRICE SCHEDULES

Notes Applicable to All Schedules:

1. The Goods to be supplied must be new, unused and of the latest design.2. Relevant descriptive literature of the Goods showing conformity to technical specification

Mustbe provided with the bid. Irrelevant literature downloaded from the Internet is

not acceptable.

3. A tenderer Mustquote for the complete quantities including delivery to Olkaria Rig Storein order to qualify as responsive. A tender with an incomplete schedule will be rejected.

4. If there is a discrepancy between words and figures, the amount in words shall prevail. If

there is a discrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and the total price shall

be corrected.

5. Delivery Period

The delivery period shall be within one (1) month after the date of signing the Contract.

Delivery must be for the complete schedule. Partial delivery shall not be accepted.

TECHNICAL REQUIREMENTS: POWER CABLE

Cables type & size shall be in accordance to the following specifications:

4 core, 70mm sq Copper 0.6/1KV, SWA, and PVC Cable: Armoured cables are to have

shaped or round stranded copper conductors, PVC sheathed, single wire armoured and

PVC sheathed overall complying with BS 5467 and BS 6346.

Glands for SWA, PVC cable shall be heavy duty indoor /outdoor type, in brass or gunmetal

with suitable armour clamps and earthing provision. Outdoor glands shall be shrouded.


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SCHEDULE OF MATERIALS, QUANTITIES AND PRICES

ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

1

4 core, 70mm sq 0.6/1KV, SWA, and PVC

Cable: Armoured cables are to have shaped

or round stranded copper conductors, PVC

sheathed, single wire armoured and PVC

sheathed overall complying with BS 5467 and

BS 6346. Complete with Indoor and outdoor

cable glands as descri bed in section E above

Supply in one drum

M 1000

Total Cost

Discount (%) if any

Local Taxes e.g. Duty, VAT, GoK fees, etc

Other Charges e.g. transport, handling, etc

Total Cost to Olkaria Power StationCountry of Origin

Currency of Tender

Delivery period (in days). Delivery time is of essence.

Tenderers name (Company) _______________________________________________

Signature & Rubber-stamp_____________________________Date_________________

NOTES

In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical

Specifications mustbe provided.

The bids must as per the Technical Specifications in the Tender Document. Bids thatdo not conform to the Technical Specifications will be disqualified.


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SECTION F

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 dulyacknowledged, we, the undersigned, offer to supply .(description of

Goods)in conformity 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 thedelivery schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to10% 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 us and 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 mayreceive.

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 of

bidding 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 inany contract with the Purchaser for the period of time of [12 months] starting on

[insert date of signing this form], if we are in breach of our obligation(s) under the bid

conditions, because wea) Have withdrawn our Bid during the period of bid validity specified by us in theBidding Data Sheet; or

b)Having been notified of the acceptance of our Bid by the Purchaser during theperiod 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 thesuccessful Bidder, 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

legally constituted at the time of bidding, the Bid Securing Declaration shall be in the

names of all future partners as named in the letter of intent.

Signed: [insert signature of person whose name and capacity are shown] in the capacity of

[insert legal capacity of person signing the 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 Kenya

Electricity Generating Company Limitedof Kenya(hereinafter called the Employer) of

the one part and __________________________________________ (hereinafter called the

Contractor) of the other part:

WHEREAS the Employer invited tenders for Tender for Supply of Electrical Power Cable

for Olkaria Geothermal Project and ancillary services, viz., Supply of Electrical Power Cable

for Olkaria Geothermal Project and has accepted a tender by the Contractor for the provision

of the supply in the sum of

_____________________________________________________________________(words)

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

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part of

this 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 as

hereinafter 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 the

Contract

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


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IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with their respective laws the day and year first above written.

Signed

For the Employer in the presence of:

COMPANY SECRETARY )

)

)

)

)

)

)

WITNESS )

)

Signed

For the Contractor in the presence of:

DIRECTOR )

)

)

))

)

)

SECRETARY )

)


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SECTION J

PERFORMANCE SECURITY FORM(To be on the Letterhead of the Bank)

To: Kenya Electricity Generating Company Ltd,

Stima Plaza Phase III, Kolobot Road, Parklands,

P.O Box 479360-00100,

NAIROBI. KENYA

WHEREAS _____________________________________________________[name of

Contractor] (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 shall

furnish you with a bank guarantee by a reputable bank for the sum specified therein

Performance Security for compliance with the Contractors performance obligations in

accordance with the Contract.

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

the Contractor, up to a total

_______________________________________________________________________________(words)_____________(figures], and we undertake to pay you,

upon your first written demand declaring the Contractor to be in default under the Contract

and without cavil or argument, any sum or sums within the limits

of_______________________________________

_____________________________________as aforesaid, without your needing to prove or

to show grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the _____ day of __________2013.

Signature and seal of the Guarantors

[Name of bank]

[Address]

[Date]


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SECTION K

MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE

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

Name of Appli cant (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) must be filled.

You are advised that giving wrong or false information on this Form will lead to automatic

disqualification / 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 written

document.

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

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

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 etors

Full names .....

Nationality .. Country of Origin ....

*Citizenship details.....


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

public companies)

Part 2 (b) Partnerships

Give details of partners as follows:

Full Name Nationality Citizenship Details Shares

1

2

3

4

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 FOR

DOMESTIC PREFERENCE.

Full Name Nationality Citizenship

Details

Percentage of

Shares

Age/Gender

1

2

3

4

Part 2 (d) Debarment

I/We declare that I/We have not been debarred from any procurement process and shall not

engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen

and any 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 Offence


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

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

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a

procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings.

Signed.

For and on behalf of M/s ..

In the capacity of .

Dated this day of .2013.

Suppliers / Companys Official Rubber Stamp

Part 2 (f)Confl ict of I nterest

I/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


Part 2 (g) I nterest in the F irm:

Is there any person / persons in KenGen or any other public institution who has interest in the

Firm? Yes / No? .. (Delete as necessary)

Institution Title Signature Date

12

3

4

Part 2(h) Exper ience

Please list here below similar projects accomplished or companies / clients you have supplied

with similar items or equipments in the last two (2) years.

Company

Name

Country Contract/Order

No.

Value Contact

person(Full

E-mail

address

Cell

phoneNo.


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Names)

1

2

3

4

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 / We

give Procurement Entity 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 .2013.


*Attach proof of citizenship

* Attach certified copies of the following documents:

a) Previous orders from companies supplied beforeb)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.

KGN OLK 86 2013 Tender for Supply of Electrical Power Cable for Olkaria Geothermal Project

Documents

Transcript of KGN OLK 86 2013 Tender for Supply of Electrical Power Cable for Olkaria Geothermal Project