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    KENYA ELECTRICITY GENERATING

    COMPANY LIMITED

    KGN-OLK-96-2013

    TENDER FOR SUPPLY OF ELECTRICALSPARES FOR WATER SUPPLY SYSTEMS FOR

    OLKARIA GEOTHERMAL PROJECT

    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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    2SECTION Page

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

    Section B: Instructions to Tenderers ................................................................................ 3

    Section C: General Conditions of Contract ..................................................................... 14

    Section D: Special Conditions of Contract ...................................................................... 19

    Section E: Technical Specifications and Price Schedules .............................................. 21

    Section F: Tender Form .................................................................................................... 35

    Section G: Tender Security Form .................................................................................... 36

    Section H: Mandatory Confidential Business Questionnaire ....................................... 37

    Section I: Contract Form ................................................................................................. 42

    Section J: Performance Security Form........................................................................... 44

    Section K: Manufacturer's Authorization Form ............................................................ 45

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    SECTION A

    INVITATION FOR TENDERS

    SUPPLY OF ELECTRICAL SPARES FOR WATER SUPPLY SYSTEMS FOR

    OLKARIA GEOTHERMAL PROJECT

    Kenya Electricity Generating Company Limited (KenGen) invites sealed tenders for supply

    of electrical spares for water supply systems whose specifications are detailed in this Tender

    Document.

    Interested firms may obtain further information from, and inspect the Tender Document at the

    office of the Supply Chain Manager, Tel: (254) (020) 3666000, Email:

    [email protected],[email protected]:[email protected];

    [email protected]

    Where the tender document may be collected upon payment of a non-refundable fee of

    KShs.1,000.00paid in cash or through a bankers cheque at any KenGen finance office. The

    document can also be viewed and downloaded from the websitewww.kengen.co.ke,and the

    Bidders who download the tender document from the website must forward their

    particulars immediately for records and any further tender clarifications and addenda.

    Downloaded copies are FREE.

    Tenders MUSTbe accompanied by a Bid Security in the form and amount specified in the

    Tender Document, and must be delivered in plain sealed envelope clearly marked

    TENDER FOR SUPPLY OF ELECTRICAL SPARES FOR WATER SUPPLY

    SYSTEMS and addressed to;

    Company Secretary/Legal & Corporate Affairs Director

    Kenya Electricity Generating Company Ltd.

    7thFloor, Stima Plaza Phase III

    Kolobot Road, Parklands

    P.O. Box 47936 - 00100

    NAIROBI, KENYA

    On or before: 2ndDecember 2013 at 11.00 a.m.

    Tenders will be opened the 2ndDecember 2013 at 11.30 a.m.in the presence of tenderers'representatives who choose to attend in the Executive Room, 7thFloor, Stima Plaza Phase III.

    SUPPLY CHAIN MANAGER

    mailto:[email protected]:[email protected]:[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]:[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 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, Schedule of Requirements and Prices(f) Tender Form(g) Tender Security Form(h) Mandatory Confidential Business Questionnaire(i) Contract Form(j) Performance Security Form(k) Manufacturers Authorization Form

    3.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications inthe tender 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

    A prospective tenderer requiring any clarification of the tender document may notifyKenGen in writing or facsimile at our address indicated in the Invitation for tenders.

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    KenGen will respond in writing to any request for clarification of the tender documents,

    which it receives seven (7) days prior to the deadline for the submission of tenders.

    Written copies of KenGen's response (including an explanation of the query but without

    identifying the source of inquiry) will be sent to all prospective tenderers that have

    received the tender document.

    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 amendmentinto 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 relevantpassages 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, 9

    and 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 thetender document, indicating the goods to be supplied, a brief description of the goods,

    their country of origin, quantity and prices.

    9. Tender Prices

    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.

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    9.2 For local suppliers, prices indicated on the Price Schedule shall be Delivered 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 its

    tender 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 dulyauthorized by the goodss Manufacturer or producer to supplythe 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 supplyunder 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 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 inthe form of literature, drawings, and data, and shall consist of:

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

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    (b)a clause-by-clause commentary on KenGens Technical Specificationsdemonstrating substantial responsiveness of the goods to those specifications, or a

    statement of deviations and exceptions to the provisions of the Technical

    Specifications.

    13. Tender Security

    13.1 The tenderer shall furnish, as part of its tender,a tender security in the amount of KES500,000.00.

    13.2 The tender security is required to protect KenGen against the risk of tenderers conduct,which would warrant the securitys forfeiture, pursuant to Clause 13.7.

    13.3 The tender security shall be denominated in Kenya Shillings or in another freely

    convertible currency, and shall be in the form of a bank guarantee, bank draft issued by a

    reputable bank located in Kenya or abroad or an insurance company approved by the

    Public Procurement Oversight Authority (PPOA), in the form provided in the tenderdocument or another form acceptable to KenGen and valid till 1stApril 2014

    13.4 Any tender not secured in accordance with Clause 13.1 and 13.3 will be rejected by

    KenGen as non-responsive, pursuant to Clause 21.

    13.5 Unsuccessful tenderers tender security will be discharged or returned as promptly aspossible, but not later than thirty (30) days after the expiration of the period of tender

    validity prescribed by KenGen.

    13.6 The successful tenderers tender security will be discharged upon the tenderer signing thecontract, pursuant to Clause 28, and furnishing the performance security, pursuant toClause 29.

    13.7 The tender security may be forfeited:

    (a) if a tenderer withdraws its tender during the period of tender validity specified by

    KenGen on the Tender Form; or

    (b) in the case of a successful tenderer, if the tenderer fails:

    (i) to sign the contract in accordance with Clause 28or

    (ii) to furnish performance security in accordance with Clause 29.

    14. Validity of Tenders

    14.1 Tenders shall remain valid for 90 daysor as specified in the tender document after dateof tender opening prescribed by KenGen, pursuant to Clause 19. 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 extension

    of 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 its

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    tender security. A tenderer granting the request will not be required nor permitted to

    modify its tender.

    15. Format and Signing of Tender

    15.1 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 event of

    any discrepancy between them, the original shall govern.

    15.2 The original and copies of the tender shall be typed or written in indelible ink and shall

    be signed by the tenderer or a person or persons duly authorized to bind the tenderer to

    the contract.

    15.3 The tender shall have no interlineation, erasures, or overwriting except as necessary to

    correct errors made by the tenderer, in which case such corrections shall be initialed by

    the person or persons signing the tender.

    Submission of Tenders

    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 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, "SUPPLY OF ELECTRICAL SPARES FOR WATER SUPPLYSYSTEM ", and the statement: DO NOT OPEN BEFORE 2

    NDDECEMBER

    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 Tenders

    17.1 Tenders must be received by KenGen at the address specified under Clause 16.2 not laterthan 2ndDecember 2013 at 11.00 a.m.

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    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 Tenders

    18.1 The tenderer may modify or withdraw its tender after the tenders submission, providedthat 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.

    Opening and Evaluation of Tenders

    19. Opening of Tenders

    19.1 KenGen will open all tenders in the presence of tenderers representatives who choose toattend on 2

    nd December 2013 at 11.30 a.m. The tenderers representatives who are

    present shall sign a register evidencing their attendance.

    19.2 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.

    19.3 KenGen will prepare minutes of the tender opening.

    20. Clarification of Tenders

    20.1 To assist in the examination, evaluation and comparison of tenders KenGen may, at itsdiscretion, 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.

    21. Preliminary Examination

    21.1 KenGen will examine the tenders to determine whether they are complete, whether anycomputational errors have been made, whether required sureties have been furnished,

    whether the documents have been properly signed, and whether the tenders are generally inorder.

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    21.2 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.

    21.3 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.

    21.4 Prior to the detailed evaluation, pursuant to Clause 22, 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 withoutrecourse to extrinsic evidence.

    21.5 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.

    21.6 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.

    22. Evaluation and Comparison of Tenders

    22.1 Mandatory Preliminary Evaluation Criteria

    This shall include confirming to the following:-

    a) Tender securityValidity, authenticity and sufficiency.Tender Security has to be valid to (1

    stApril 2014) One Hundred and Twenty (120) days.

    b) Tender Bid Security KES.500,000.00c) Tender validity period shall be 90 daysd) Duly completed Tender Forme)

    Duly completed Price Schedule (must be completed in the format provided and no other.Any deviation shall be considered non-compliance and bid shall be disqualified).

    f) Delivery period offered in the tender. The delivery/completion period should not exceed3 monthsafter the date of signing the Contract.

    g) Duly completed Confidential Business Questionnaireh) Manufacturers Authorization Form; if goods to be supplied are not manufactured by the

    Tenderer.

    i) Manufacturers literature/brochures and Technical datasheets of all the items must beattached

    j) Copies of the following documents MUST be submitted together with the tender.i. Copy of Certificate of Incorporation

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    ii. Copy of Valid Tax Compliance Certificate issued by KRA (For Local Bidders)iii. Authentic Audited Financial Statements for the last 2 years

    22.2. Technical Evaluation

    Evaluation of the technical proposals will be based on the criteria outlined below.

    (i) Compliance to the Technical specifications(ii)ExperiencePast performance in delivery of similar items(iii)Warranty as specified in the general conditions of the Contract

    22.3. Financial Evaluation

    a) Preliminary ExaminationKenGen will examine the tenders to determine whether they are complete, whether any

    computational errors have been made, whether the documents have been properly signed, and

    whether the tenders are generally in order. Those tenders found to be incomplete, or non-compliant with the tender requirements will be rejected.

    b) Price Evaluation and Comparison

    (i) Correction of Arithmetic Errors

    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 total price shall be corrected. Similarly, the sum of total item prices

    shall prevail and the total prices 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.

    (ii) Delivery/Completion Period

    The differences in delivery/completion periods offered by Tenderers will be evaluated. The

    base date will be Three (3) months from the date of signing the Contract. Tenders offering

    deliveries beyond the base date will attract penalties as follows: -

    o For purposes of evaluation, tenders whose delivery period exceeds the four months will be

    adjusted upwards by 0.5% of the total price for each week of delay up to a maximum of 2

    months.

    No bonus will be offered for earlier deliveries, and tenders offering deliveries beyond two

    months from the base date will be treated as non-responsive and will be rejected.

    (iii) Comparison of Evaluated Prices

    For the purpose of tender comparison, all the tender prices and rates shall be converted into

    Kenya Shillings. The conversion rates of all foreign currencies to Kenya Shillings shall be the

    mean exchange rates as published by the Central Bank of Kenya on the Tender Closing Date.

    23. Contacting KenGen

    23.1 Subject to Clause 20, no tenderer shall contact KenGen on any matter relating to itstender, from the time of the tender opening to the time the contract is awarded.

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    23.2 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

    24. Award Criteria

    24.1 Subject to Clauses 9, 22 and 26 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.

    25. KenGens Right to Vary Quantities

    25.1 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.

    26. KenGens Right to Accept or Reject Any or All Tenders

    26.1 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.

    27. Notification of Award

    27.1 Prior to the expiration of the period of tender validity, KenGen will notify the successfultenderer in writing that its tender has been accepted.27.2 Upon the successful tenderers furnishing of the performance security pursuant to Clause

    29, KenGen will promptly notify each unsuccessful tenderer and will discharge its tender

    security, pursuant to Clause 13.

    28. Signing of Contract

    28.1 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.

    28.2 Within fifteen (15) days of receipt of the Contract Form, the successful tenderer shallsign and date the contract and return it to KenGen.

    29. Performance Security

    29.1 Within fifteen (15) days after signing of the contract, the successful tenderer shall furnish

    the performance security in accordance with the Conditions of Contract, in the

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

    acceptable to KenGen.

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    29.2 Failure of the successful tenderer to comply with the requirement of Clause 28 or Clause

    29 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.

    30. Corrupt or Fraudulent Practices

    30.1 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 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 influencea 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 beawarded 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.

    30.2 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 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 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, orany provision 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 anydocument or information enumerated in Clause 5.1 above.

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    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 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 fifteen (15) days after signing of the Contract award, the Supplier shall furnish to

    KenGen the performance security in the amount 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 the

    Contract.

    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 bank

    guarantee or an 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 andassistance, 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.

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    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 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 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.

    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 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

    manner 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 the

    most recent or current models, and that they incorporate all recent improvements indesign 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 thecountry.

    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 destination

    indicated in the Contract.

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

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    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 to

    KenGen.

    12.5 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 such

    remedial 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 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 the

    exception 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.

    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, uponsuch terms 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 suchGoods.

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    18. Liquidated Damages

    18.1 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 the delayed 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 requirethat the dispute 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,

    Kolobot Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and

    includes its legal representatives, successors or assigns.

    2. Application

    The 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.

    3. Performance Security

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

    4. 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 processto 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.

    5. Delivery Period

    The goods shall be delivered within 3 months after the date of contract award.

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

    6. Payment Terms and Conditions

    6.1. Local Suppliers

    a) KenGens payment terms are 30 days upon receipt of certified invoices and deliverynotes confirming that the invoiced material has been delivered and is in accordance with

    the contract.

    b)Payment shall be made through KenGens cheque or telegraphic transfer for the amountof contract. The terms shall be strictlyDelivered and Duty Paid (DDP).

    c) Local tenderers who request for Letters of Credit (hereinafter abbreviated as LC) shall berequired to meet all the LC costs. Indicative costs levied by the banks include opening

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    charges: about 0.475% per quarter, confirming charges: about 0.5% and any

    amendment charges. The number of LC extensions shall be limited to a maximum of

    two (2) only, but not exceeding one quarter (3 months) each, at the cost of the Tenderer.

    6.2. Foreign SuppliersPayment shall be made through an irrevocable Letter of Credit (LC) and within a credit

    period of 30 days under the following conditions:-

    a) Payment shall be effected upon presentation of a complete set of shipping documents tothe advising bank as will be stipulated in the Letter of Credit (LC).

    b) The Tenderer shall be required to meet all LC bank charges incurred in their country;while KenGen will meet those incurred in Kenya.

    c) Any extension and or amendment charges and other costs that may result from theTenderers delays, requests, mistakes or occasioned howsoever by the Tenderer shall be tothe Tenderers account.

    d) The number of LC extensions shall be limited to a maximum of two (2) only, but notexceeding one quarter (3 months) each, at the cost of the Tenderer.

    e) Should the Tenderer require a confirmed LC, then all confirmation and any other relatedcharges levied by both the Tenderers and KenGens bank shall be to the Tenderers

    account.

    f) The LC shall be opened only for the specific order within the validity period of thecontract.

    g) The Tenderer shall be required to submit a Proforma Invoice for each lot or schedule foruse in the placement of order and opening of the LC. The Proforma Invoice shall be on

    total Cost and Freight (CFR) basis showing the freight charges separately from the Free on

    Board (FOB) cost. KenGen will meet the Freight Insurance cost.

    h) A copy of the Performance Security, stamped and certified as authentic by KenGen, whoseexpiry date should not be less than 30 days from the LC expiry date, shall form part of

    the documents to be presented to the bank before any payment is made.

    7. Advance PaymentAdvance payment is not applicable.

    8. Prices

    Prices shall be fixed during the Suppliers performance of the Contract and not

    subject to variation 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 100% genuine and of the latest design.2. A tenderer may quote for supply of any or all the schedules. Each schedule quoted for must

    be COMPLETEin order to qualify as responsive.

    3. Relevant descriptive literature of the Goods showing conformity to the technicalspecifications shall be provided with the bid. Irrelevant literature downloaded from the

    Internet shall not be accepted.

    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 three (3) monthsafter the date of signing the Contract.

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

    a)Schedule of RequirementsSchedule Description

    A Cables and Cable Accessories

    B Contactors and Breakers

    C Pump Control Accessories

    D Pump Motor Bearings

    b)Schedule on performance to be completed by all Bidders:Past performance of delivery of similar items.

    Type of spares

    Name of

    Company

    delivered to

    Date of

    order

    Delivery

    Time

    Fully,

    partial or

    not

    delivered

    A Cables and Cable Accessories

    B Contactors and Breakers

    C Pump Control Accessories

    D Pump Motor Bearings

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    Schedule A: CABLES AND CABLE ACCESSORIES

    LOCAL SUPPLIER:

    ITEM DESCRIPTION UNIT

    OFISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 Copper Cable, 4.0mm , 4 Core, Flexible Rubber,Sheathed, Oil and Acid Resistant

    M 200M

    2 Copper Cable, 10.0mm , 4 Core, Flexible Rubber,Sheathed, Oil and Acid Resistant

    M 200M

    3 70mm, 4-core, Armoured copper cable. M 200M

    4 95mm,4-core, Armoured copper cable. M 100M

    5 95mm, 3-core, single wire screened rubber

    insulated copper cable.

    M 100M

    6 125mm, 3-core, single wire screened rubber

    insulated copper cable.M 100M

    7 Splicing kit for 4mm cable Pcs 20Splicing kit for 10mm cable Pcs 20

    Splicing kit for 70mm cable Pcs 20

    Splicing kit for 95mm cable Pcs 20

    Splicing kit for 125mm cable Pcs 20

    8 Cable Lugs for 4mm cable Pcs 100

    Cable Lugs for 10mm cable Pcs 100

    Cable Lugs for 70mm2cable Pcs 100

    Cable Lugs for 95mm2cable Pcs 100

    Cable Lugs for 125mm2cable Pcs 50

    9 Cable Glands for 4mm2cable c/w cable chutes Pcs 100

    Cable Glands for 10mm2

    cable c/w cable chutes Pcs 100Cable Glands for 70mm cable c/w cable chutes Pcs 100

    Cable Glands for 95mm cable c/w cable chutes Pcs 100

    Cable Glands for 125mm cable c/w cable chutes Pcs 50

    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 Station

    Country of Origin

    Currency of Tender

    Delivery Period in months

    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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    Schedule A: CABLES AND CABLE ACCESSORIES

    FOREIGN SUPPLIER:

    ITEM DESCRIPTION UNIT OF

    ISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 Copper Cable, 4.0mm , 4 Core, Flexible Rubber,Sheathed, Oil and Acid Resistant

    M 200M

    2 Copper Cable, 10.0mm , 4 Core, Flexible Rubber,Sheathed, Oil and Acid Resistant

    M 200M

    3 70mm , 4-core, Armoured copper cable. M 200M

    4 95mm ,4-core, Armoured copper cable. M 100M

    5 95mm , 3-core, single wire screened rubber

    insulated copper cable.

    M 100M

    6 125mm, 3-core, single wire screened rubber

    insulated copper cable.M 100M

    7 Splicing kit for 4mm cable Pcs 20Splicing kit for 10mm cable Pcs 20

    Splicing kit for 70mm cable Pcs 20

    Splicing kit for 95mm cable Pcs 20

    Splicing kit for 125mm cable Pcs 20

    8 Cable Lugs for 4mm cable Pcs 100

    Cable Lugs for 10mm cable Pcs 100

    Cable Lugs for 70mm2cable Pcs 100

    Cable Lugs for 95mm2cable Pcs 100

    Cable Lugs for 125mm2cable Pcs 50

    9 Cable Glands for 4mm2cable c/w cable chutes Pcs 100

    Cable Glands for 10mm2cable c/w cable chutes Pcs 100

    Cable Glands for 70mm2cable c/w cable chutes Pcs 100

    Cable Glands for 95mm2cable c/w cable chutes Pcs 100

    Cable Glands for 125mm cable c/w cable chutes Pcs 50

    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 Station

    Country of Origin

    Currency of Tender

    Delivery Period in months

    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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    Schedule B: CONTACTORS AND BREAKERS

    LOCAL SUPPLIER:

    ITEM DESCRIPTION UNIT OF

    ISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 3 pole contactor, Asea, EH100, SK824-100/AM or

    its tested equivalent, complete with its voltage coils,rated at 240/415V, 50Hz, 55KW, 200A, surfacemounted, with a provision for a side mountedauxiliary contacts

    Pcs 3

    2 Spare voltage coil for SK824100 or its testedequivalent (coil for EH100 contactor item No.1above) rated at 240V/415V, 50Hz

    Pcs 6

    3 4 pole contactor, Asea, EH6-31E, SK811011-AM orits tested equivalent, with 3NO and 1NC complete

    with its voltage coils, rated at 240/415V, 50Hz,

    5.5KW, DIN rail mounted with a provision for a topmounted auxiliary contact

    Pcs 3

    4 Spare voltage coil for SK811011-AM or its testedequivalent (coil for EH100 contactor item No.3above) rated at 240V/415V, 50Hz

    Pcs 6

    5 4 pole contactor, Asea, EH6-40E, SK811001-AM or

    its tested equivalent, with 4NO contacts completewith its voltage coils, rated at 240/415V, 50Hz,

    5.5KW, DIN rail mounted with a provision for a topmounted auxiliary contact

    Pcs 3

    6 Spare voltage coil for SK811001-AM or its testedequivalent (coil for EH100 contactor item No.5

    above) rated at 240V, 50Hz

    Pcs 6

    7 3 pole contactor, Telemechanique/Stromberg or itstested equivalent, complete with its voltage coils,

    rated at 240/415V, 50Hz, 4KW, 10A, with 2extra NOand NC contacts

    Pcs 3

    8 Spare voltage coil (for item No.7 above) rated at240V, 50Hz

    Pcs 6

    9 3 pole contactor, Asea, EH630, or its testedequivalent, complete with its voltage coils, rated at240/415V, 50Hz, 400KW, 1000A, surface mountedwith a provision for a side mounted auxiliarycontacts

    Pcs 3

    10 3 pole contactor, Telemechanique/Stromberg or itstested equivalent, complete with its voltage coils,rated at 240V, 50Hz, 45A

    Pcs 6

    11 3-Phase block contactors P/No.A210-30

    Rated Operational power: 160KWRated Operational Voltage: 690VRated Operational Current: 350AMain Contacts NO(Normally Open) :3Side Mounted Auxiliary contacts: 2NO,2NC

    Terminal type: screw

    Pcs 5

    12 3-Phase block contactors P/No.A185-30

    Rated Operational power: 132KWRated Operational Voltage: 690V

    Pcs 2

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    Rated Operational Current: 275AMain Contacts NO(Normally Open) :3Side Mounted Auxiliary contacts: 2NO,2NCTerminal type: screw

    13 4-Pole Contactors: P/No: A75-22,110V,50Hz c/w110V Coil

    Pcs 10

    14 4- Pole Contactors p/No:A50-40,220-230V, 50Hz,c/w 240V Coil

    Pcs 10

    15 MCCB, 630A, 4-Pole, 690VAC, Electronic trip Pcs 10

    16 Vacuum Circuit breakerSpec: BSEN60947Rated Insulation Voltage 660V,50/60Hz,short

    time,(50kA) (1) secRated operational voltage 220/550VMaking capacity (50kA)Rated enclosed current 2500A at 35

    0C/ 2300A at

    450C

    Average Ambient Temp. 2400A at 40oC / 2200A at

    50o C

    Pc 1

    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 Station

    Country of Origin

    Currency of Tender

    Delivery period (in months)

    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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    Schedule B: CONTACTORS AND BREAKERS

    FOREIGN SUPPLIER:

    ITEM DESCRIPTION UNIT OF

    ISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 3 pole contactor, Asea, EH100, SK824-100/AM or

    its tested equivalent, complete with its voltage coils,rated at 240/415V, 50Hz, 55KW, 200A, surfacemounted, with a provision for a side mountedauxiliary contacts

    Pcs 3

    2 Spare voltage coil for SK824100 or its testedequivalent (coil for EH100 contactor item No.1above) rated at 240V/415V, 50Hz

    Pcs 6

    3 4 pole contactor, Asea, EH6-31E, SK811011-AM orits tested equivalent, with 3NO and 1NC complete

    with its voltage coils, rated at 240/415V, 50Hz,

    5.5KW, DIN rail mounted with a provision for a topmounted auxiliary contact

    Pcs 3

    4 Spare voltage coil for SK811011-AM or its testedequivalent (coil for EH100 contactor item No.3above) rated at 240V/415V, 50Hz

    Pcs 6

    5 4 pole contactor, Asea, EH6-40E, SK811001-AM or

    its tested equivalent, with 4NO contacts completewith its voltage coils, rated at 240/415V, 50Hz,

    5.5KW, DIN rail mounted with a provision for a topmounted auxiliary contact

    Pcs 3

    6 Spare voltage coil for SK811001-AM or its testedequivalent (coil for EH100 contactor item No.5

    above) rated at 240V, 50Hz

    Pcs 6

    7 3 pole contactor, Telemechanique/Stromberg or itstested equivalent, complete with its voltage coils,

    rated at 240/415V, 50Hz, 4KW, 10A, with 2extra NOand NC contacts

    Pcs 3

    8 Spare voltage coil (for item No.7 above) rated at240V, 50Hz

    Pcs 6

    9 3 pole contactor, Asea, EH630, or its testedequivalent, complete with its voltage coils, rated at240/415V, 50Hz, 400KW, 1000A, surface mountedwith a provision for a side mounted auxiliarycontacts

    Pcs 3

    10 3 pole contactor, Telemechanique/Stromberg or itstested equivalent, complete with its voltage coils,rated at 240V, 50Hz, 45A

    Pcs 6

    11 3-Phase block contactors P/No.A210-30

    Rated Operational power: 160KWRated Operational Voltage: 690VRated Operational Current: 350AMain Contacts NO(Normally Open) :3Side Mounted Auxiliary contacts: 2NO,2NC

    Terminal type: screw

    Pcs 5

    12 3-Phase block contactors P/No.A185-30

    Rated Operational power: 132KWRated Operational Voltage: 690V

    Pcs 2

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    Rated Operational Current: 275AMain Contacts NO(Normally Open) :3Side Mounted Auxiliary contacts: 2NO,2NCTerminal type: screw

    13 4-Pole Contactors: P/No: A75-22,110V,50Hz c/w110V Coil

    Pcs 10

    14 4- Pole Contactors p/No:A50-40,220-230V, 50Hz,c/w 240V Coil

    Pcs 10

    15 MCCB, 630A, 4-Pole, 690VAC, Electronic trip Pcs 10

    16 Vacuum Circuit breakerSpec: BSEN60947Rated Insulation Voltage 660V,50/60Hz,short

    time,(50kA) (1) secRated operational voltage 220/550VMaking capacity (50kA)Rated enclosed current 2500A at 35

    0C/ 2300A at

    450C

    Average Ambient Temp. 2400A at 40oC / 2200A

    at 50o C

    Pc 1

    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 Station

    Country of Origin

    Currency of Tender

    Delivery period (in months)

    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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    Schedule C: PUMP CONTROL ACCESSORIES

    LOCAL SUPPLIER:

    ITEM DESCRIPTION UNIT OF

    ISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 Float switch, type flyght ENH-10 or its testedequivalent

    Pcs 20

    2 Thermal overload relay, c/w base, Rated thermalcurrent setting 1.0-1.6Amps

    Pcs 10

    Thermal overload relay, Rated thermal currentsetting 0.6-1.0A, c/w base

    Pcs 10

    Thermal overload relay, current setting,10-45A Pcs 10

    3 Cartridge fuse , 4A Pcs 50

    Cartridge fuse , 6A Pcs 50

    Cartridge fuse , 20A Pcs 50

    Cartridge fuse, 32A Pcs 50

    Cartridge fuse, 400A Pcs 20

    Cartridge fuse, 200A Pcs 20

    Cartridge fuse 2A, 690V Pcs 20

    Cartridge fuse 63A, 690V Pcs 20

    High Voltage HRC Fuse, 3.3/3.6KV, 140AP/No. 3.3WFFNO140

    Pcs 20

    High Voltage HRC fuse, 3.3/3.6kv, 3.15A,P/No. 3.3ABWNA3

    Pcs 20

    HRC, gL/ gG Bottle neck 4A, 400V fuse Pcs 50

    HRC, gL/ gG 160A, 500V fuse 50

    HRC, gL, NH1, 200A, 500V Fuse 50

    4 Fuse carrier and Base

    Type: GEC 200A 550V.(RS)

    Pcs 5

    5 Fuse carrier and base for three (3)160A HRC fuses Pcs 5

    6 Electronic off delay timer 0.1s10s, 240V Pcs 20

    Electronic off delay timer, for Star-Delta, Railmounted,Time:3s-120s, Voltage: 240VPause time: 30ms, 60ms, 90ms, 120ms,

    Pcs 20

    7 Pneumatic timer, off-delay, 0.1-40sec, 1NO & 1NCP/No.TP401A

    Pcs 20

    8 3-PH, 415V,50Hz, Over-voltage & Under-voltageRelay. Rail Mounted

    Pcs 20

    9 3-PH, 415V,50Hz, Phase Sequence Relay. RailMounted

    20

    10 Electronic thermostat, 110V, 50HZ Pcs 10

    11 11 PIN Relay, 10A, 250V, c/w Base Pcs 10

    12 Motor starting auto-Transformer, 415 V, 50Hz ,Tappings:65/70/80% Taps Shops Set on 65% Taps

    Pcs 2

    13 Voltmeter, Analog range, 0-600V, Panel mounted Pcs 5

    14 Ammeter, Analog range, 0-1000A, Panel mounted Pcs 5

    Total Cost

    Discount (%) if any

    Sea Freight Charges to Mombasa Port

    Other Charges (if any)Total Cost & Freight (CFR) Mombasa Port

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    Country of Origin

    Currency of Tender

    Delivery period (in months)

    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 TechnicalSpecifications 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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    Schedule C: PUMP CONTROL ACCESSORIES

    FOREIGN SUPPLIER:

    ITEM DESCRIPTION UNIT OF

    ISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 Float switch, type flyght ENH-10 or its tested

    equivalent

    Pcs 20

    2 Thermal overload relay, c/w base, Rated thermal

    current setting 1.0-1.6Amps

    Pcs 10

    Thermal overload relay, Rated thermal current

    setting 0.6-1.0A, c/w base

    Pcs 10

    Thermal overload relay, current setting,10-45A Pcs 10

    3 Cartridge fuse , 4A Pcs 50

    Cartridge fuse , 6A Pcs 50

    Cartridge fuse , 20A Pcs 50

    Cartridge fuse, 32A Pcs 50Cartridge fuse, 400A Pcs 20

    Cartridge fuse, 200A Pcs 20

    Cartridge fuse 2A, 690V Pcs 20

    Cartridge fuse 63A, 690V Pcs 20

    High Voltage HRC Fuse, 3.3/3.6KV, 140A

    P/No. 3.3WFFNO140

    Pcs 20

    High Voltage HRC fuse, 3.3/3.6kv, 3.15A,

    P/No. 3.3ABWNA3

    Pcs 20

    HRC, gL/ gG Bottle neck 4A, 400V fuse Pcs 50

    HRC, gL/ gG 160A, 500V fuse 50

    HRC, gL, NH1, 200A, 500V Fuse 50

    4 Fuse carrier and Base

    Type: GEC 200A 550V.(RS)

    Pcs 5

    5 Fuse carrier and base for three 160A HRC fuses Pcs 5

    6 Electronic off delay timer 0.1s10s, 240V Pcs 20

    Electronic off delay timer, for Star-Delta, Rail

    mounted,

    Time:3s-120s, Voltage: 240V

    Pause time: 30ms, 60ms, 90ms, 120ms,

    Pcs 20

    7 Pneumatic timer, off-delay, 0.1-40sec, 1NO &

    1NC P/No.TP401A

    Pcs 20

    8 3-PH, 415V,50Hz, Over-voltage & Under-

    voltage Relay. Rail Mounted

    Pcs 20

    9 3-PH, 415V,50Hz, Phase Sequence Relay. Rail

    Mounted

    20

    10 Electronic thermostat, 110V, 50HZ Pcs 10

    11 11 PIN Relay, 10A, 250V, c/w Base Pcs 10

    12 Motor starting auto-Transformer, 415 V, 50Hz ,

    Tappings:65/70/80% Taps Shops Set on 65%

    Taps

    Pcs 2

    13 Voltmeter, Analog range, 0-600V, Panelmounted Pcs 5

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    14 Ammeter, Analog range, 0-1000A, Panel

    mounted

    Pcs 5

    Total Cost

    Discount (%) if any

    Sea Freight Charges to Mombasa Port

    Other Charges (if any)Total Cost & Freight (CFR) Mombasa Port

    Country of Origin

    Currency of Tender

    Delivery period (in months)

    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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    Schedule D: PUMP MOTOR BEARINGS

    LOCAL SUPPLIER:

    ITEM DESCRIPTION UNIT

    OFISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 Ball Bearings P/No: 3307 Pcs 20

    3310 Pcs 20

    3307/C3 Pcs 20

    3316/C3 Pcs 20

    6205-2Z/C3 Pcs 20

    6206-2Z/C3 Pcs 20

    6207 Pcs 20

    6208-2Z/C3 Pcs 20

    6307-2Z/C3 Pcs 20

    6308- 2Z/C3 Pcs 206309-2Z/C3 Pcs 20

    6310-2Z/C3 Pcs 20

    6310-RSI/C3 Pcs 20

    6314-2RSI/C3 Pcs 20

    6316/C3 Pcs 20

    2 Cylindrical Roller Bearings:

    NU 316 ECJ/C3 Pcs 20

    N216E Pcs 20

    3 Roller Bearing P/No: 6308-ZZ/J30 Pcs 20

    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 Station

    Country of Origin

    Currency of Tender

    Delivery period (in months)

    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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    Schedule D: PUMP MOTOR BEARINGS

    FOREIGN SUPPLIER:

    ITEM DESCRIPTION UNIT

    OFISSUE

    QTY UNIT

    PRICE

    TOTAL

    PRICE

    1 Ball Bearings P/No: 3307 Pcs 20

    3310 Pcs 20

    3307/C3 Pcs 20

    3316/C3 Pcs 20

    6205-2Z/C3 Pcs 20

    6206-2Z/C3 Pcs 20

    6207 Pcs 20

    6208-2Z/C3 Pcs 20

    6307-2Z/C3 Pcs 20

    6308- 2Z/C3 Pcs 206309-2Z/C3 Pcs 20

    6310-2Z/C3 Pcs 20

    6310-RSI/C3 Pcs 20

    6314-2RSI/C3 Pcs 20

    6316/C3 Pcs 20

    2 Cylindrical Roller Bearings:

    NU 316 ECJ/C3 Pcs 20

    N216E Pcs 20

    3 Roller Bearing P/No: 6308-ZZ/J30 Pcs 20

    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 Station

    Country of Origin

    Currency of Tender

    Delivery period (in months)

    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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    Summary of Price Schedules

    SCHEDULE NO. & DESCRPTION CURRENCY AMOUNT

    A Cables and Cable Accessories

    B Contactors Breakers

    C Pump Control Accessories

    D Pump Motor Bearings

    TOTAL COST (To be inserted in the Tender Form)

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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 in

    accordance 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 19 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.

    7. We hereby declare that we have not been debarred from any procurement process andshall not engage in any fraudulent or corrupt act with regard to this purchase.

    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 G: TENDER SECURITY FORM

    (To be on the Letterhead of the Bank)

    Whereas ............................................(name of the tenderer)(hereinafter called the

    Tenderer) has submitted its tender dated .................................... (date of submission of

    tender) for the supply of ..(description of Goods)(hereinafter called the

    Tender).

    KNOW ALL PEOPLE by these presents that WE ..........................................(name of the

    bank)of ............................................(address of bank)(hereinafter called the Bank), are

    bound unto KenGen in the sum of (2% of tender price).......................

    .................................................... ......................................................(amount in words and

    figures)for which payment well and truly to be made to the said KenGen , the Bank binds

    itself , its successors, and assigns by these presents. Sealed with the Common Seal of the said

    Bank this ___________ day of ___________________ 2013.

    THE CONDITIONS of this obligation are:

    1. If the Tenderer withdraws its Tender during the period of tender validity specified by theTenderer on the Tender Form; or

    2. If the Tenderer, having been notified of the acceptance of its Tender by KenGen duringthe period of tender validity:

    (a) fails or refuses to execute the Contract Form, if required; or(b) fails or refuses to furnish the performance security, in accordance with the

    Instructions to Tenderers;

    We undertake to pay to KenGen up to the above amount upon receipt of its first written

    demand, without KenGen having to substantiate its demand, provided that in its demand

    KenGen will note that the amount claimed by it is due to it, owing to the occurrence of one or

    both of the two conditions, specifying the occurred condition or conditions.

    This guarantee will remain in force up to 1stApril 2014,and any demand in respect thereof

    should reach the Bank not later than the above date.

    __________________________________

    (Signature of the Bank)

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    Section H: Insurance Tender Security Form

    Tender No.: --------------------------------------------------Supply and delivery of -----------------

    -------------------------------

    To: Kenya Electricity Generating Company Limited

    WHEREAS [insert: name of Tenderer](hereinafter called the Tenderer) has submitted its

    tender dated [insert: date of tender] for the performance of the above-named Contract

    (hereinafter called the Tender)

    KNOW ALL PERSONS by these present that WE [insert: name of the insurance company]

    of [insert: address of insurance company] (hereinafter called the Guarantor) are bound

    unto Kenya Electricity Generating Company Limited (hereinafter called the Purchaser) in

    the sum of Kshs 200,000, for which payment well and truly to be made to the said Purchaser,

    the guarantor binds itself, its successors and assigns by these presents.

    Sealed with the Common Seal of the said Guarantor this [insert:number

    ]day of [insert:month],[insert: year].

    THE CONDITIONS of this obligation are the following:

    1. If, after the tender submission deadline, the Tenderera) withdraws its tender during the period of tender validity specified by the Tenderer in

    the Tender Form, or

    b) does not accept KenGen corrections of arithmetic errors in accordance with theInstructions to Tenderers; or

    c)does not at all reply to KenGen requests for clarification2. If the Tenderer, having been notified of the acceptance of its tender by KenGen during

    the period of tender validity

    a) Fails or refuses to sign the Contract Agreement when required; orb) Fails or refuses to issue the performance security in accordance with the Instructions

    to Tenderers.

    We undertake to pay to KenGen up to the above amount upon receipt of its first written

    demand, without the KenGen having to substantiate its demand, provided that in its demand

    KenGen will note that the amount claimed by it is due it, owing to the occurrence of any oneof the two above-named CONDITIONS, and specifying the occurred condition or conditions.

    This guarantee will remain in full force up to 1stApril 2014, and any demand in respect

    thereof must reach the Guarantor not later than the above date.

    For and on behalf of the

    Signed:

    Date:

    in the capacity of: [ insert: ti tle or other appropriate designation]

    Common Seal of the Guarantor

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    Section I: 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 1General

    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) ...

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    (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 etor

    Full names .....

    Nationality .. Country of Origin ....

    *Citizenship details.....

    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 ...

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    List of top ten (10) shareholders and distribution of shareholding in the company.

    Give details of all directors as follows:-

    Full Name Nationality Citizenship Details Shares

    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

    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

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    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

    Suppliers / Companys Official Rubber Stamp

    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

    1

    2

    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

    (FullNames)

    E-mail

    address

    Cell

    phone

    No.

    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 / Wegive Kenya Electricity Generating Company Limited authority to seek any other references

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    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.

    Suppliers / Companys Official Rubber Stamp

    *Attach proof of citizenship

    * Attach certified copies of the following documents:

    a) Previous orders from companies supplied beforeb)Certificate of Incorporation / Registrationc) Valid Tax Compliance Certificate (for local suppliers)d)Audited Financial Statements / Accounts for the last two (2) yearse) Valid Local Authority / Trade License (for local suppliers)

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    Section J: Contract Form

    THIS AGREEMENT made the ................. day of ...................................... 2013 between

    KenGen of the one part and ................................. (name of Supplier) of

    .....................................................(city and country of Supplier) (hereinafter called theSupplier) of the other part:

    WHEREAS KenGen invited tenders for the supply of certain goods, viz.,...................

    (description of Goods)and has accepted a tender by the Supplier for the supply of those

    Goods in the sum of ............................................................................................................

    ..........................(Contract Price in words and 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 are respectively

    assigned to them in the Conditions of Contract.

    2. The following document 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 Supplier;

    (b) the Technical Specifications, Schedule of Requirements and Prices;

    (c) the General Conditions of Contract;

    (d) the Special Conditions of Contract; and

    (e) KenGens Notification of Award.

    3. In consideration of the payments to be made by KenGen to the Supplier as hereinafter

    mentioned, the Supplier hereby covenants with KenGen to provide the Goods and to remedy

    defects therein in conformity in all respects with the provisions of the Contract

    4. KenGen hereby covenants to pay the Supplier in consideration of the provision of the Goods

    and the remedying of defects therein, the Contract Price or such other sum as may become

    payable under the provisions of the Co