REPUBLIC OF KENYA - Kenya Electricity Generating … TEND… · 1 kenya electricity generating...

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1 KENYA ELECTRICITY GENERATING COMPANY LIMITED KGN-BDD-10-2016 TENDER FOR ENGINEERING, PROCUREMENT, CONSTRUCTION AND FINANCING (EPC+F) OF MODULAR GEOTHERMAL POWER PLANTS PROJECT AT OLKARIA FOR KENYA ELECTRICITY GENERATING COMPANY LIMITED. Kenya Electricity Generating Company Limited Stima Plaza Phase III, Kolobot Road, Parklands P.O. BOX 47936-00100 NAIROBI. Website: www.kengen.co.ke September, 2016

Transcript of REPUBLIC OF KENYA - Kenya Electricity Generating … TEND… · 1 kenya electricity generating...

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KENYA ELECTRICITY GENERATING COMPANY LIMITED

KGN-BDD-10-2016

TENDER FOR

ENGINEERING, PROCUREMENT, CONSTRUCTION AND FINANCING (EPC+F)

OF

MODULAR GEOTHERMAL POWER PLANTS PROJECT AT OLKARIA

FOR KENYA ELECTRICITY GENERATING COMPANY LIMITED.

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

P.O. BOX 47936-00100 NAIROBI.

Website: www.kengen.co.ke

September, 2016

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TABLE OF CONTENTS

CONTENTS

SECTION I: INVITATION FOR TENDERS (ITT) ........................................................................... 4

SECTION II: INSTRUCTION TO TENDERERS .............................................................................. 5

SECTION III: TENDER DATA SHEET (TDS) ............................................................................... 28

SECTION IV: GENERAL CONDITIONS OF CONTRACT ............................................................ 43

SECTION V: PARTICULAR CONDITIONS OF CONTRACT ....................................................... 44

SECTION VI: TECHNICAL SPECIFICATIONS .............................................................................. 48

SECTION VII: DRAWINGS ......................................................................................................... 98

SECTION VIII: PRICE SCHEDULES ........................................................................................... 102

SECTION IX: STANDARD FORMS ........................................................................................... 103

SECTION X: FORMS OF SECURITY ......................................................................................... 127

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List of acronyms

(EPC+F) Engineering, Procurement, Construction and Financing

TDS Tender Data Sheet GCC General Conditions of Contract

PCC Particular Conditions of Contract ITT Instruction to Tenders PPOA Public Procurement Oversight Authority PPADA, 2015 Public Procurement and Assets Disposal Act, 2015 MWe megawatts of electricity FIDIC Federation Internationale des Ingenieurs-Conseils USD United States Dollar

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SECTION I:

INVITATION FOR TENDERS (ITT)

The Company invites sealed tenders from eligible bidders for the Tender for Engineering, Procurement, Construction and Financing (EPC+F) For Modular Geothermal Power Plants Project at Olkaria whose specifications are detailed in the Tender Document. Interested eligible bidders may obtain further information from and inspect the Tender Documents during official working hours starting at the date of advert at the office of:

Supply Chain Director Tel: (254) (020) 3666000 Email: [email protected]; and copy to [email protected]; [email protected];

where the tender document may be collected upon payment of a non-refundable fee of KShs.1, 000.00 paid in cash or through a bankers cheque at any KenGen finance office. The document can also be viewed and downloaded from the website www.kengen.co.ke and www.suppliers.treasury.go.ke. Bidders who download the tender document from the website are advised to forward their particulars to facilitate any subsequent tender clarifications and addenda. Downloaded copies are free of charge.

Bidders are advised from time to time to be checking the website for any uploaded further information on this tender. Unless otherwise stated, tenders MUST be accompanied by a security in the format and amount specified in the tender documents, must be submitted in a plain sealed envelope and marked “Tender for Engineering, Procurement, Construction and Financing (EPC-F) For Modular Geothermal Power Plants Project at Olkaria” and addressed to: The Company Secretary & Legal Affairs Director Kenya Electricity Generating Company Limited 10th Floor, Kengen Pension Plaza 2 Kolobot Road, Parklands P.O. Box 47936-00100 Nairobi, Kenya To be received on or before: (22nd December 2016, 10.00AM) and placed in the tender box located at the ground floor of Stima Plaza Phase II There will be a mandatory site visit on Thursday 10th November 2016 as from 10.00am in Olkaria at Geothermal Spa Conference room. Only technical proposals shall be opened on 22nd December 2016 at 10.30am in the presence of the candidates’ representatives who choose to attend at Stima Plaza III, Executive Committee Room, 7th Floor. Financial proposals shall remain unopened until the technical proposal have been evaluated. SUPPLY CHAIN DIRECTOR

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SECTION II

A. Introduction:

INSTRUCTION TO TENDERERS

1. Scope of tender 1.1 The Procuring Entity indicated in the Tender Data Sheet (TDS) invites Tenders for the construction of works as specified in the Tender Data Sheet

1.2 The successful Tenderer will be expected to complete the works by the completion date he/she has indicated.

1.3 The objectives of the works are listed in the Technical Specifications

2. Eligible Tenderers 2.1 A Tenderer may be a natural person, private or public company, government-owned institution, subject to sub-Clause 3.4 or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture/Consortium, or association. In the case of a Joint Venture/Consortium, or association, all parties shall be jointly and severally liable.

2.2 The Invitation for Tenders is open to all Contractors as defined in the Public Procurement and Disposal Act, 2005 and the Public Procurement and Disposal Regulations, 2006 except as provided hereinafter.

2.3 National Tenderers shall satisfy all relevant licensing and/or registration with the appropriate statutory bodies in Kenya, such as the Ministry of Public Works, National Construction Authority or the Energy Regulatory Commission.

2.4 A Tenderer shall not have a conflict of interest. All Tenderers found to have a conflict of interest shall be disqualified. A Tenderer may be considered to have a conflict of interest with one or more parties in this Tendering process, if they: a) Are associated or have been associated in the past

directly or indirectly with employees or agents of the Procuring Entity or a member of a board or committee of the Procuring Entity;

b) Are associated or have been associated in the past,

directly or indirectly with a firm or any of its affiliates which have been engaged by the Procuring Entity to provide consulting services for the preparation of the design, specifications and other documents to be used for the procurement of the works under this Invitation for Tenders;

c) Have controlling shareholders in common; or

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d) Receive or have received any direct or indirect subsidy

from any of them; or e) Have the same legal representative for purposes of this

Tender; or f) Have a relationship with each other, directly or

through common third parties, that puts them in a position to have access to information about or influence on the Tender of another Tenderer, or influence the decisions of the Procuring Entity regarding this Tendering process; or

g) Submit more than one Tender in this Tendering

process. However, this does not limit the participation of subcontractors in more than one Tender, or as Tenderer and subcontractor simultaneously.

2.5 A Tenderer will be considered to have a conflict of interest

if they participated as a consultant in the preparation of the design or technical specification of the project and related services that are the subject of the Tender.

2.6 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government of Kenya in accordance with TDS and GCC

2.7 Government owned enterprises in Kenya may participate only if they are legally and financially autonomous, if they operate under commercial law, are registered by the relevant registration board or authorities and if they are not a dependent agency of the Government.

2.7 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall reasonably request.

3. One Tender per

Tenderer

3.1 A firm shall submit only one Tender, in the same Tendering process, either individually as a Tenderer or as a partner in a Joint Venture/Consortium pursuant to ITT Clause 5.

3.2 No firm can be a subcontractor while submitting a Tender individually or as a partner of a Joint Venture/ in the same Tendering process.

3.3 A firm, if acting in the capacity of subcontractor in any Tender, may participate in more than one Tender but only in that capacity.

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3.4 A Tenderer who submits or participates in more than one Tender (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the Tenders in which the Tenderer has participated to be DISQUALIFIED.

4. Alternative Tenders

by Tenderers

4.1 Tenderers shall submit offers that comply with the requirements of the Tendering documents, including the basic Tenderer’s technical design as indicated in the specifications and Drawings and Bill of Quantities. Alternatives will not be considered, unless specifically allowed for in the Tender Data Sheet. If so allowed, sub-Clause 4.2 and 4.3 shall govern.

4.2 When alternative times for completion are explicitly invited, a statement to that effect will be included in the Tender Data Sheet as will the method of evaluating different times for completion.

4.3 If so allowed in the Tender Data Sheet, Tenderers wishing to offer technical alternatives to the requirements of the Tendering documents must also submit a Tender that complies with the requirements of the Tendering documents, including the basic technical design as indicated in the specifications. In addition to submitting the basic Tender, the Tenderer shall provide all information necessary for a complete evaluation of the alternative by the Procuring Entity, including technical specifications, breakdown of prices, and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Tenderer conforming to the basic technical requirements shall be considered by the Procuring Entity.

5. Cost of Tendering 5.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Procuring Entity shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

6. Site Visit and Pre-

Tender Meeting

6.1 The Tenderer, at the Tenderer’s own responsibility and risk, is advised to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Tender and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Tenderer’s own expense.

6.2 The Procuring Entity may conduct a site visit and a pre-Tender meeting. The purpose of the pre-Tender meeting

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will be to clarify issues and to answer questions on any matter that may be raised at that stage.

6.3 The Tenderer’s designated representative is invited to attend a site visit and pre-Tender meeting which, if convened, will take place at the venue and time stipulated in the Tender Data Sheet.

6.4 The Tenderer is requested as far as possible, to submit any questions in writing or by electronic means to reach the procuring Entity before the pre-Tender meeting. It may not be practicable at the meeting to answer all questions, but questions and responses will be transmitted in accordance with sub-Clause 6.5.

6.5 Minutes of the pre-Tender meeting, including the text of the questions raised and the responses given together with any responses prepared after the pre-Tender meeting will be transmitted within the time stated in the Tender Data Sheet to all purchasers of the Tendering documents. Any modification of the Tendering documents listed in sub-Clause 8.1 that may become necessary as a result of the pre-Tender meeting shall be made by the Procuring Entity exclusively through the issue of an Addendum pursuant to ITT sub Clause 10.2 and not through the minutes of the pre-Tender meeting.

6.6 Non-attendance during the site visit or pre-Tender meeting will not be a cause for disqualification of a Tenderer unless specified to the contrary in the Tender Data Sheet.

B. Tendering Documents

7 Content of Tendering

Documents

7.1 The works required, Tendering procedures, and contract terms are prescribed in the Tendering Documents. In addition to the Section I Invitation for Tenders, Tendering documents which should be read in conjunction with any addenda issued in accordance with ITT sub Clause 9.2 include:

Section II Instructions to Tenderers Section III Tender Data Sheet Section IV General Conditions of Contract Section V Contract Data Sheet Section VI Specifications Section VII Drawings Section VIII Bill of Quantities Section IX Forms of Tender

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Form of Tender

Appendix to Tender

Confidential Business Questionnaire

Integrity Declaration

Letter of Acceptance

Form of Contract Agreement

Section X Forms of Security a) Tender Security Form b) Performance Bank or Insurance Guarantee c) Advance Payment Guarantee

7.2 The number of copies to be completed and returned with the Tender is specified in the Tender Data Sheet.

7.3 The Invitation for Tenders (Section I) issued by the Procuring Entity is not part of the Tendering Documents and is included for reference purposes only. In case of discrepancies between the Invitation for Tenders and the Tendering Documents listed in sub-Clause 7.1 above, the said Tendering Documents will take precedence.

7.4 The Procuring Entity is not responsible for the completeness of the Tendering Documents and their addenda, if they were not obtained directly from the authorized staff of the Procuring Entity.

7.5 The Tenderer is expected to examine all instructions, forms, terms and specifications in the Tendering documents. Failure to furnish all information required by the Tendering Documents or to submit a Tender substantially responsive to the Tendering documents in every respect will be at the Tenderer’s risk and may result in the rejection of its Tender.

8. Clarification of

Tendering

Documents

8.1 A prospective Tenderer requiring any clarification of the Tendering documents may notify the Procuring Entity in writing, e-mail or facsimile at the Procuring Entity's address indicated in the Tender Data Sheet.

8.2 The Procuring Entity will within the period stated in the Tender Data Sheet respond in writing to any request for clarification provided that such request is received no later than the period indicated in the Tender Data Sheet prior to the deadline for the submission of Tenders prescribed in sub-Clause 21.1.

8.3 Copies of the procuring entity's response will be forwarded to all Purchasers of the Tendering

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documents, including a description of the inquiry, but without identifying its source.

8.4 Should the Procuring Entity deem it necessary to amend the Tendering documents as a result of a clarification, it shall do so following the procedure under ITT Clause 9

9. Amendments of the

Tendering

Documents

9.1 Before the deadline for submission of Tenders, the Procuring Entity may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, modify the Tendering documents by issuing addenda.

9.2 Any addendum issued shall be part of the Tender documents pursuant to sub-Clause 7.1 and shall be communicated in writing, by e-mail or facsimile to all who have obtained the Tendering documents directly from the Procuring Entity.

9.3 In order to allow prospective Tenderers reasonable time in which to take an addendum into account in preparing their Tenders, the Procuring Entity at its discretion shall extend, as necessary, the deadline for submission of Tenders, in accordance with sub-Clause 21.2

C. Preparation of Tenders

10. Language of Tender 10.1 The Tender, and all correspondence and documents

related to the Tender exchanged by the Tenderer and the Procuring Entity shall be written in the Tender language stipulated in the Tender Data Sheet. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages in the above stated language, in which case, for purposes of interpretation of the Tender, the translation shall prevail.

11. Documents

Constituting the

Tender

11.1 The Tender submitted by the Tenderer shall consist of the following components: a) The Form of Tender (in the format indicated in

Section IX) completed in accordance with ITT Clause 14, 15 and 16;

b) Information requested by Instructions to Tenderers

ITT sub-Clause 12.2; 12.3 and 12.4;

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c) Tender Security or Tender Securing Declaration in accordance with Instructions to Tenderers ITT Clause 18;

d) Priced Bill of Quantities; e) Qualification Information Form and Documents; f) Alternative offers where invited in accordance with

Instructions to Tenderers ITT Clause 4; g) Written confirmation authorizing the signatory of

the Tender to commit the Tenderer in accordance with Instructions to Tenderers ITT sub Clause 18.2; and

h) And any information or other materials required to

be completed and submitted by Tenderers, as specified in the Tender Data Sheet.

12. Documents

Establishing

Eligibility and

Qualifications

of the

Tenderer

12.1 Pursuant to ITT Clause 12, the Tenderer shall furnish, as part of its Tender, documents establishing the Tenderer’s eligibility to Tender and its qualifications to perform the contract if its Tender is accepted.

12.2 In the event that pre-qualification of potential Tenderers has been undertaken, only Tenders from pre-qualified Tenderers will be considered for award of contract. These qualified Tenderers should submit their Tenders with any information updating the original pre-qualification applications or, alternatively, confirm in their Tenders that the originally submitted pre-qualification information remains essentially correct as of the date of Tender submission. The update or confirmation should be provided in Section IX.

12.3 If the Procuring Entity has not undertaken pre-qualification of potential Tenderers, to qualify for award of the contract, Tenderers shall meet the minimum qualifying criteria specified in the Tender Data Sheet:

12.4 Tenders submitted by a Joint Venture/ of two or more firms as partners shall comply with the following requirements, unless otherwise stated in the Tender Data Sheet: a) The Tender shall include all the information listed in

the Tender Data Sheet pursuant to sub-Clause 12.3 above for each Joint Venture/ partner;

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b) The Tender shall be signed so as to be legally binding on all partners;

c) One of the partners will be nominated as being in

charge, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners;

d) The partner in charge shall be authorized to incur

liabilities and receive instructions for and on behalf of any and all partners of a Joint Venture/Consortium and the entire execution of the Contract, including payment, shall be done exclusively with the partner in charge;

e) All partners of the Joint Venture/Consortium shall

be liable jointly and severally for the execution of the contract in accordance with the contract terms and a statement to this effect shall be included in the authorization mentioned under (c) above as well as in the Tender and in the Agreement (in case of a successful Tender); and

f) A copy of the Joint Venture/Consortium agreement

entered into by all partner shall be submitted with the Tender. Alternatively, a Letter of Intent to execute a Joint Venture/Consortium agreement in the event of a successful Tender shall be signed by all partners and submitted with the Tender, together with a copy of the proposed Agreement.

g) The Tender Security and Tender Securing

Declaration as stated in accordance with ITT Clause 18, and in case of a successful Tender, the Agreement, shall be signed so as to be legally binding on all partners.

13. Lots Package 13.1 When Tendering for more than one contract under the

lots arrangements, the Tenderer must provide evidence that it meets or exceeds the sum of all the individual requirements for the lots being tendered in regard to: a) Average annual turnover; b) Particular experience including key production

rates; c) Financial means, etc; d) Personnel capabilities; and e) Equipment capabilities.

13.2 In case the Tenderer fail to fully meet any of these criteria, it may be qualified only for those lots for which the Tenderer meets the above requirement.

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14. Form of

Tender

14.1 The Tenderer shall fill the Form of Tender furnished in the Tendering Documents. The Form of Tender must be completed without any alterations to its format and no substitute shall be accepted.

15. Tender Prices 15.1 The Contract shall be for the whole Works, as described in sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Tenderer.

15.2 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the Tenderer will not be paid for by the Procuring Entity when executed and shall be deemed covered by the other rates and prices in the Bill of quantities.

15.3 All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 15 days prior to the deadline for submission of Tenders, shall be included in the rates, prices and total Tender price submitted by the Tenderer.

15.4 The rates and prices quoted by the Tenderer shall be subject to adjustment during the performance of the Contract if provided for in the Tender Data Sheet and the provisions of the Conditions of Contract. The Tenderer shall submit with the Tender all the information required under the Contract Data Sheet.

16. Tender

Currencies

16.1 The unit rates and prices shall be quoted by the Tenderer in the currency as specified in the Tender Data Sheet.

16.2 Tenderers shall indicate details of their expected foreign currency requirements in the Tender, if any. The rates of exchange to be used by the Tenderers in arriving at the local currency equivalent shall be the selling rates for similar transactions established by the authority specified in the Tender Data Sheet prevailing on the date 28 days prior to the latest deadline for submission of Tenders. These exchange rates shall apply for all payments so that no exchange risk will be borne by the Tenderer. In any case, payments will be computed using the rates quoted in the Tender.

16.3 Tenderers may be required by the Procuring Entity to clarify their foreign currency requirements and to substantiate that the amounts included in the rates and

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prices and in the Contract Data Sheet are reasonable and responsive to sub-Clause 16.1.

17.Tender

Validity

Period

17.1 Tenders shall remain valid for the period specified in the Tender Data Sheet after the Tender submission deadline prescribed by the Procuring Entity, pursuant to ITT Clause 21. A Tender valid for a shorter period shall be rejected by the Procuring Entity as non responsive.

17.2 In exceptional circumstances, prior to expiry of the original Tender validity period, the Procuring Entity may request that the Tenderers extend the period of validity for a specified additional period. The request and the Tenderers' responses shall be made in writing or by cable. A Tenderer may refuse the request without forfeiting its Tender Security or causing to be executed its Tender Securing declaration. A Tenderer agreeing to the request will not be required or permitted to otherwise modify the Tender, but will be required to extend the validity of its Tender Security or Tender Securing declaration for the period of the extension, and in compliance with ITT Clause 18 in all respects.

17.3 In the case of fixed price contracts, if the award is delayed by a period exceeding sixty (60) days beyond the expiry of the initial Tender validity period, the contract price will be increased by a factor specified in the request for extension. The Tender evaluation shall be based on the Tender price without taking into consideration on the above correction.

18. Tender

Security

and Tender

Securing

Declaration

18.1 Pursuant to ITT Clause 11, where required in the Tender Data Sheet, the Tenderer shall furnish as part of its Tender, a Tender Security in original form and in the amount and currency specified in the Tender Data Sheet. A Tender Securing Declaration as specified in the Tender Data Sheet in the format provided in section X shall be provided as a mandatory requirement.

18.2 The Tender Security or Tender Securing Declaration is required to protect the Procuring Entity against the risk of Tenderer’s conduct which would warrant the security’s forfeiture, pursuant to ITT sub-Clause 18.9.

18.3 The Tender Security shall be denominated in the currency of the Tender and shall be in one of the following forms: a) Cash; b) A Bank Guarantee;

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c) An Insurance Bond issued by an insurance firm

approved by the PPOA located in Kenya; d) An irrevocable letter of credit issued by a reputable

bank.

18.4 The Tender Security shall be in accordance with the Form of the Tender Security included in Section X or another form approved by the Procuring Entity prior to the Tender submission.

18.5 The Tender Security shall be payable promptly upon written demand by the Procuring Entity in case any of the conditions listed in sub-Clause 18.8 are invoked.

18.6 Any Tender not accompanied by a Tender Security in accordance with sub-Clauses 18.1 or 18.3 shall be rejected by the Procuring Entity as non-responsive, pursuant to ITT Clause 27.

18.7 The Procuring Entity shall immediately release any Tender Security if: a) The procuring proceedings are terminated; b) The Procuring Entity determines that none of the

submitted Tenders is responsive; c) A contract for the procurement is entered into.

19.8 The Tender Security shall be forfeited and the Tender Securing Declaration executed if the Tenderer: a) Withdraws its Tender after the deadline for

submitting Tenders but before the expiry of the period during which Tenders must remain valid;

b) Rejects a correction of an arithmetic error pursuant

to sub-Clause 28.2; c) Refuse to enter into a written contract in accordance

with ITT Clause 39; d) Fails to furnish the Performance Security in

accordance with ITT Clause 40.

18.9 The Tender Security and Tender Securing Declaration of a Joint Venture/Consortium must be in the name of the Joint Venture/Consortium submitting the Tender.

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18.10 A Tenderer shall be suspended from being eligible for Tendering in any contract with the Procuring Entity for the period of time indicated in the Tender Securing Declaration: a) If the Tenderer withdraws its Tender, except as

provided in ITT sub-Clauses 17.2 and 28.2; or b) In the case of a successful Tenderer, if the Tenderer

fails within the specified time limit to:

(i) Sign the contract; or (ii) Furnish the required Performance Security.

19. Format and

Signing of

Tender

19.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in ITT Clause 11 of these Instructions to Tenderers, with the Form of Tender, and clearly marked “ORIGINAL”. In addition, the Tenderer shall submit copies of the Tender, in the number specified in the Tender Data Sheet, and clearly marked as “COPIES”. In the event of discrepancy between them, the original shall prevail.

19.2 The original and all copies of the Tenders shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Tenderer. This authorization shall consist of a written confirmation as specified in the Tender Data Sheet and shall be attached to the Tender. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Tender, except for un-amended printed literature, shall be initialled by the person or persons signing the Tender.

19.3 Any interlineations, erasures, or overwriting shall be valid only if they are initialled by the person or persons signing the Tender.

19.4 The Tenderer shall furnish information as described in the Form of Tender on commissions or gratuities, if any, paid or to be paid to agents relating to this Tender and to contract execution if the Tenderer is awarded the contract

D. Submission of Tenders

20. Sealing

and Marking

20.1 The Tenderer shall seal the original and each copy of the Tender in separate envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be

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of Tenders

sealed in an outer envelope securely sealed in such a manner that opening and resealing cannot be achieved undetected.

20.2 The inner and outer envelopes shall: a) Be addressed to the Procuring Entity at the address given

in the Tender Data Sheet; and b) Bear the Project name indicated in the Tender Data

Sheet, the Invitation for Tenders (IFT) title and number indicated in the Tender Data Sheet, and a statement: “DO NOT OPEN BEFORE,” to be completed with the time and the date specified in the Tender Data Sheet, pursuant to ITT sub-Clause 21.1.

20.3 In addition to the identification required in sub-Clause

20.2, the inner envelopes shall also indicate the name and address of the Tenderer to enable the Tender be returned unopened in case it is declared late, pursuant to sub-Clause 21.1 and for matching purpose under ITT Clause 22

20.4 If the outer envelope is not sealed and marked as required by ITT sub clause 20.2, the Procuring Entity shall assume no responsibility for misplacement or premature opening of the Tender.

21. Deadline for

Submission

of Tenders

21.1 Tenders shall be received by the Procuring Entity at the address specified under ITT sub-Clause 20.2 no later than the date and time specified in the Tender Data Sheet.

21.2 The Procuring Entity may, in exceptional circumstances and at its discretion, extend the deadline for the submission of Tenders by amending the Tendering documents in accordance with ITT Clause 8, in which case all rights and obligations of the Procuring Entity and Tenderers previously subject to the deadline will thereafter be subject to the new deadline.

21.3 The extension of the deadline for submission of Tenders shall not be made later than the period specified in the Tender Data Sheet before the expiry of the original deadline.

22. Late Tenders 22.1 The Procuring Entity shall not consider for evaluation any Tender that arrives after the deadline for submission of Tenders, in accordance with ITT Clause 21.

22.2 Any Tender received by the Procuring Entity after the deadline for submission of Tenders shall be declared late, rejected and returned unopened to the Tenderer

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23. Modification,

Substitution

and

Withdrawal

of Tenders

23.1 A Tenderer may modify or substitute or withdraw its Tender after it has been submitted, provided that written notice of the modification, including substitution or withdrawal of the Tender, is received by the Procuring Entity prior to the deadline prescribed for submission of Tenders prescribed under ITT sub-Clause 21.1.

23.2 The Tenderer’s modification or substitution or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of ITT Clauses 19 and 20 with the outer and inner envelopes additionally marked “MODIFICATION” or SUBSTITUTION or “WITHDRAWAL” as appropriate. The notice may also be sent by electronic mail and facsimile, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of Tenders.

23.3 No Tender may be withdrawn, replaced or modified 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 shall result in the Tenderer’s forfeiture of its Tender Security or execution of Tender Securing Declaration, pursuant to the ITT sub-Clause 18.9.

23.4 Withdrawal of a Tender between the deadline for submission of Tenders and the expiration of the period of Tender validity specified in the Tender Data Sheet or as extended pursuant to sub-Clause 21.2 shall result in the forfeiture of the Tender Security and execution of Tender Securing Declaration pursuant to ITT sub-Clause 18.9.

23.5 Tenderers may only offer discounts to, or otherwise modify the prices of their Tenders by submitting Tender modifications in accordance with this Clause, or included in the original Tender submission.

E. Opening and Evaluation of Tenders

24. Opening of

Tenders

24.1 The Procuring Entity will open all Tenders including modifications, substitution or withdraw notices made pursuant to ITT Clause 23, in public, in the presence of Tenderers or their representatives who choose to attend and other parties with legitimate interest and Tender proceedings, at the place on the date and at time specified in the Tender Data Sheet. The Tenderers’ representatives who are present shall sign a register as proof of their attendance.

24.2 Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenders for which an acceptable notice of withdrawal has been submitted pursuant to ITT Clause 23 shall not be

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opened but returned to the Tenderer. If the withdrawal envelope does not contain a copy of the “Power of Attorney” confirming the signature as a person duly authorized to sign on behalf of the Tenderer, the corresponding Tender will be opened. Subsequently, all envelopes marked "MODIFICATION" shall be opened and the submissions therein read out in appropriate detail. Thereafter all envelopes marked or "SUBSTITUTION" opened and the submissions therein read out in appropriate detail.

24.3 All other envelopes shall be opened one at a time. The Tenderers' names, the Tender prices, the total amount of each Tender and of any alternative Tender (if alternatives have been requested or permitted), any discounts, the presence or absence of Tender security, and such other details as the appropriate tender opening committee may consider appropriate, will be announced by the Secretary of the Tender Opening Committee at the opening.

24.4 Tenders or modifications that are not opened and not read out at Tender opening shall not be considered further for evaluation, irrespective of the circumstances. In particular, any discount offered by a Tenderer which is not read out at Tender opening shall not be considered further.

24.5 Tenderers are advised to send in a representative with the knowledge of the content of the Tender who shall verify the information read out from the submitted documents. Failure to send a representative or to point out any un-read information by the sent Tenderer’s representative shall indemnify the Procuring Entity against any claim or failure to read out the correct information contained in the Tenderer’s Tender.

24.6 No Tender will be rejected at Tender opening except for late Tenders which will be returned unopened to the Tenderer, pursuant to ITT Clause 22.

24.7 The Secretary of the appropriate tender opening committee shall prepare minutes of the Tender opening. The record of the Tender opening shall include, as a minimum: the name of the Tenderers and whether or not there is a withdrawal, substitution or modification, the Tender price per Lot if applicable, including any discounts and alternative offers and the presence or absence of a Tender Security or Tender Securing Declaration.

24.8 The Tenderers’ representatives who are present shall be requested to sign the record. The omission of a Tenderer’s signature on the record shall not invalidate the contents and affect the record.

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24.9 A copy of the minutes of the Tender opening shall be furnished to individual Tenderers upon request.

25. Confidentiality 25.1 Information relating to the examination, clarification, evaluation, and comparison of Tenders and recommendations for the award of a Contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced.

25.2 Any effort by a Tenderer to influence the Procuring Entity’s processing of Tenders or award decisions may result in the rejection of his Tender.

25.3 Notwithstanding sub-Clause 25.2, from the time of Tender opening to the time of Contract award, if any Tenderer wishes to contact the Procuring Entity on any matter related to the Tendering process, it should do so in writing.

26. Clarification of

Tenders

26.1 To assist in the examination, evaluation, comparison of Tenders and post-qualification of the Tenderer, the Procuring Entity may, at its discretion, ask a Tenderer for clarification of its Tender including breakdown of prices. Any clarification submitted by a Tenderer that is not in response to a request by the Procuring Entity shall not be considered.

26.2 The request for clarification and the response shall be in writing. No change in the prices or substance of the Tender shall be sought, offered, or permitted except to confirm the correction of arithmetic errors discovered by the Procuring Entity in the evaluation of Tenders in accordance with ITT Clause 27.

26.3 From the time of Tender opening to the time of Contract award if any Tenderer wishes to contact the Procuring Entity on any matter related to the Tender it should do so in writing.

27. Preliminary

Examination of

Tenders

27.1 Prior to the detailed evaluation of Tenders, the Procuring Entity will determine whether: a) The Tender has been submitted in the required format; b) Any Tender Security submitted is in the required form,

amount and validity period; c) The Tender has been signed by the person lawfully

authorized to do so; d) The required number of copies of the Tender have been

submitted; e) The Tender is valid for the period required;

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f) All required documents and information have been submitted; and

g) Any required samples have been submitted.

27.2 The Procuring Entity will confirm that the documents and information specified under ITT Clause 11 and ITT Clause 12 have been provided in the Tender. If any of these documents or information is missing, or is not provided in accordance with the Instructions to Tenderers, the Tender shall be rejected. The evaluation shall be carried out in three phases comprising compliance to preliminary or general requirements, compliance to technical specifications and financial evaluation. Tenderers deemed to be non-compliant to preliminary or general requirements shall be disqualified henceforth and their bid not subjected to the second phase of evaluation of compliance to Technical Specifications. Similarly, tenderers whose bids shall be deemed to be non-compliant to Technical Specifications shall be disqualified at that stage and their bids not subjected to the final phase of financial evaluation. Bids established to be compliant to both Preliminary or General Requirements shall be subjected to financial evaluation and tender awarded to the lowest evaluated tenderer. Apart from the requirements captured in Section 27.0, some of the Preliminary or General Requirements are captured in Sections IX (A-I) and Section X.

27.3 The Procuring Entity may waive any minor informality, nonconformity, 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.

27.4 A substantially responsive Tender is one which conforms to all the terms, conditions, and specifications of the Tendering documents, without material deviation or reservation. A material deviation or reservation is one that: a) Affects in any substantial way the scope, quality, or

execution of the Works; b) Limits in any substantial way, inconsistent with the

Tendering documents, the Procuring Entity's rights or the Tenderer’s obligations under the Contract; or

c) If rectified, would affect unfairly the competitive position of

other Tenderers presenting substantially responsive Tenders.

27.5 If a Tender is not substantially responsive, it will be rejected by the Procuring Entity, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation.

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28. Correction of

Errors

28.1 Tenders determined to be substantially responsive will be checked by the Procuring Entity for any arithmetic errors. Errors will be corrected by the Procuring Entity as follows: a) If there is a discrepancy between unit prices 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, unless in the opinion of the Procuring Entity there is an obvious misplacement of the decimal point in the unit price, in which the total price as quoted shall govern and the unit price shall be corrected;

b) If there is an error in a total corresponding to the addition or

subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and

c) Where there is a discrepancy between the amounts in figures

and in words, the amount in words will govern.

28.2 The amount stated in the Tender will be adjusted by the Procuring Entity in accordance with the above procedure for the correction of errors and, with, the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount, its Tender will then be rejected, and the Tender Security may be forfeited and the Tender Securing Declaration may be executed in accordance with sub-Clause 18.9.

29. Conversion to

Single

Currency

29.1 To facilitate the evaluation and comparison, the Procuring Entity will convert all Tender prices expressed in the amounts in various currencies in which the Tender prices are payable to Kenya Shillings at the selling exchange rate established for similar transactions by the Central Bank of Kenya ruling on the date specified in the Tender Data Sheet.

30. Comparison of

Tenders

30.1 The Procuring Entity shall evaluate and compare only the Tenders determined to be substantially responsive in accordance with ITT Clause 27.

30.2 In evaluating the Tenders, the Procuring Entity will determine for each Tender the evaluated Tender price by adjusting the Tender price as follows: Making any correction for errors pursuant to ITT Clause 28; Excluding provisional sums and the provision, if any for contingencies in the Bill of Quantities, but including Day work, where priced competitively; and Making appropriate adjustments to reflect discounts or other price modifications offered in accordance with sub-Clause 23.5.

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30.3 The Procuring Entity may waive any minor informality or non-conformity, which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative standing of any Tenderer. Variations, deviations, and alternative offers and other factors, which are in excess of the requirements of the Tendering documents or otherwise result in unsolicited benefits for the Procuring Entity will not be taken into account in Tender evaluation.

31. National

Preference

31.1 In the evaluation of Tenders the Procuring Entity shall apply exclusive preference to citizens of Kenya where: a) The funding is 100% from the Government of Kenya or a

Kenyan body; b) The amounts are below the prescribed threshold in the

Tender Data Sheet

31.2 To qualify for the preference the candidate shall provide evidence of eligibility by: a) Proving Kenyan citizenship by production of a Kenyan

Identity Card; or b) Providing proof of being a “citizen contractor” in terms of

section 3(1) of the Act, i.e. being a natural person or an incorporated company wholly owned and controlled by persons who are citizens of Kenya.

c) Foreign successful tenderer must incorporate a mix of local

expertise either through subcontracting, or technical expertise

31.3 The Minister of Finance may prescribe additional preference

and/or reservation schemes, for example for procurements above these thresholds. If such additional preference schemes apply, details will be given in the Tender Data Sheet.

32. Determination

of the Lowest

Evaluated

Tender

32.1 The Tender with the lowest evaluated price from among those which are eligible, compliant and substantially responsive shall be the lowest evaluated Tender.

33. Post-

Qualification of

Tenderer

33.1 If specified in the Tender Data Sheet, post-qualification shall be undertaken.

33.2 The Procuring Entity will determine to its satisfaction whether the Tenderer that is selected as having submitted the lowest evaluated responsive Tender is qualified to perform the contract

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satisfactorily, in accordance with the criteria listed in sub-Clause 12.3.

33.3 The determination will take into account the Tenderer’s financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the Tenderer’s qualifications submitted by the Tenderer, pursuant to sub-Clause 12.3, as well as such other information as the Procuring Entity deems necessary and appropriate. Factors not included in these Tendering documents shall not be used in the evaluation of the Tenderer’s qualifications.

33..4 An affirmative determination will be a prerequisite for award of the contract to the Tenderer. A negative determination will result in rejection of the Tenderer’s Tender, in which event the Procuring Entity will proceed to the next lowest evaluated Tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily.

F. Award of Contract

34. Criteria of

Award 34.1 Subject to ITT Clause 34 and 35, the Procuring Entity will award

the Contract to the Tenderer whose Tender has been determined to be substantially responsive to the Tendering documents and who has offered the lowest Evaluated Tender Price, provided that such Tenderer has been determined to be: a) Eligible in accordance with the provisions of ITT Clause 2; b) Is determined to be qualified to perform the Contract

satisfactorily; c) Successful negotiations have been concluded.

35.2 If, pursuant to sub-Clause 13.1, this Contract is being awarded on a “lot and package” basis, the lowest evaluated Tender price will be determined when evaluating this Contract in conjunction with other Contracts to be awarded concurrently, taking into account any discounts offered by the Tenderer for award of more than one Contract.

35. Clarifications 35.1 Clarifications may be undertaken with the lowest evaluated Tenderer relating to the following areas:

(i) A minor alteration to the technical details of the statement of requirements;

(ii) Reduction of quantities for budgetary reasons, where the

reduction is in excess of any provided for in the Tendering documents;

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(iii) A minor amendment to the Contract Data Sheet; (iv) Finalizing payment arrangements; (v) Mobilization arrangements; (vi) Agreeing final delivery or work schedule to accommodate

any changes required by the Procuring Entity; (vii) The methodology or staffing; or (viii) Clarifying details that were not apparent or could not be

finalized at the time of Tendering.

35.2 Clarifications shall not change the substance of the tender.

36. Procuring Entity’s Right to

Accept any Tender and to

Reject any or all Tenders

36.1 Notwithstanding ITT Clause 34, the Procuring Entity reserves the right to accept or reject any Tender, and to cancel the Tendering process and reject all Tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected Tenderer or Tenderers.

36.2 Notice of the rejection of all Tenders shall be given promptly within 14 days to all Contractors that have submitted Tenders.

36.3 The Procuring Entity shall upon request communicate to any Tenderer the grounds for its rejection of its Tenders, but is not required to justify those grounds.

37 Procuring Entities Right to

Vary Quantities at the Time

of Award

37.1 The Procuring Entity reserves the right at the time of contract award to increase or decrease the quantity of goods or related services originally specified in these Tendering documents (schedule of requirements) provided this does not exceed by the percentage indicated in the Tender Data Sheet, without any change in unit price or other terms and conditions of the Tender and Tendering documents.

38. Notification of Award

38.1 The Tenderer whose Tender has been accepted will be notified of the award by the Procuring Entity prior to expiration of the Tender validity period by e-mail or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Procuring Entity will pay the Contractor in consideration of the provision and maintenance of the Work(s) as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).

38.2 The notification of award will constitute the formation of the Contract, subject to the Tenderer furnishing the Performance

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Security in accordance with ITT Clause 39 and signing the Contract in accordance with sub-Clause 38.2

38.3 At the same time as the person submitting the successful Tender is notified, the Procuring Entity will notify each unsuccessful Tenderer, the name of the successful Tenderer and the Contract amount and will discharge the Tender Security and Tender Securing Declaration of the Tenderer pursuant to ITT sub Clause 18.7.

38.4 If, after notification of award, a Tenderer wishes to ascertain the grounds on which it’s Tender or application for pre-qualification was unsuccessful, it should address its request to the secretary of the Tender Committee that authorized the award of contract. The secretary of the Tender Committee shall, within fourteen days after a request, provide written reasons as to why the Tender, proposal or application to be pre-qualified was unsuccessful. However, failure to take this opportunity to clarify the grounds for rejection does not affect the Tenderer’s right to seek immediate review by the Public Procurement Administrative Review Board under Clause 45.

39. Signing of Contract

39.1 Promptly, and in no case later than 14 days, after notification, Procuring Entity shall send the successful Tenderer the Agreement and Contract Data Sheet, incorporating all agreements between the parties obtained as a result of Contract negotiations.

39.2 Within the period specified in the notification or Tender Data Sheet but not earlier than fourteen (14) days since notification of award of contract, the successful Tenderer shall sign and date the contract and return it to the Procuring Entity.

40. Performance Security

40.1 Within fifteen (15) days but after 7days after receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Procuring Entity a Performance Security in the amount and in the form stipulated in the Tender Data Sheet and the Contract Data Sheet, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the Conditions of Contract.

40.2 If the Performance Security is provided by the successful Tenderer in the form of a Bank Guarantee or Insurance Bond, it shall be issued either: At the Tenderer’s option, by a bank or insurance firm located in Kenya, or a foreign bank or insurance firm through a correspondent bank or insurance firm located in Kenya; a) With the consent of the Procuring entity, directly by a foreign

bank acceptable to the Procuring entity.

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40.3 Failure of the successful Tenderer to comply with the requirement of sub-Clause 40.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security, in which event the Procuring Entity may make the award to the next lowest evaluated Tenderer or call for new Tenders.

41. Advance Payment

41.1 The Procuring Entity will provide an Advance Payment as stipulated in the Conditions of Contract, subject to a maximum amount, as stated in the Tender Data Sheet.

41.2 The Advance Payment request shall be accompanied by an Advance Payment Security (Guarantee) in the form provided in Section X. For the purpose of receiving the Advance Payment, the Tenderer shall make an estimate of, and include in its Tender, the expenses that will be incurred in order to commence work. These expenses will relate to the purchase of equipment, machinery, materials, and on the engagement of labour during the first month beginning with the date of the Procuring Entity’s “Notice to Commence” as specified in the Contract Data Sheet.

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SECTION III

TENDER DATA SHEET (TDS)

Instructions to Tenderers Clause Reference

TDS Ref.

No

ITT Clause No

Amendments of, and Supplements to, Clauses in the Instruction to Tenderers

A. Introduction

1. 1.1 The “Procuring Entity” also called Employer is Kenya Electricity

Generating Company Limited (KenGen). 2. 1.1 The works includes

a. Package 1- Design, procure (manufacture), Supply, install

commission Geothermal Modular Power Plants including all related infrastructure and services with a guaranteed minimum net power output of 23 MWe using the wells tabulated below. The contractor is required to arrange for project funding facility.

Well Pressure

(Bar) Steam (t/hr)

Brine (t/hr)

Mass (t/hr)

Enthalpy (KJ/Kg)

OW-733 10.3 27.1 13 42.5 1984 OW-733A 8.45 76.7 31 113.8 2119 OW-733B 6.8 41.7 15.97 60.9 2081 OW-732B 10 33.8 121.2 169.6 1060 OW-734B 5.6 38.6 70.5 117.9 1327 Total 217.9 251.67 504.7

Allow for 10% steam flow reserve

b. Package 2- Design, procure (manufacture), Supply, install commission Geothermal Modular Power Plants including all related infrastructure and services with a guaranteed minimum net power output of 23.3 MWe using the wells tabulated below. The contractor is required to arrange for project funding facility.

Well Pressure (Bar)

Steam (t/hr)

Brine (t/hr)

Mass (t/hr)

Enthalpy (KJ/Kg)

OW-40A 11.5 92.3 66 168.9 1793.2 OW-40V 6.6 24.2 88 122.7 1086 OW-50A 6.5 32.6 85.9 128.9 1172.3 OW-50B 10.5 70.6 4.5 78.3 2548 Total 195.5 156.4 376.1

Allow for 10% steam reserve

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3. 1.2 The duration of implementation from commencement date of the works to the date of issue of the Taking Over Certificate shall be twenty months (20).

4. 1.3 In addition to the technical specifications, the main objective of the project is design, manufacture, installation and commissioning of geothermal power plants for use to generate electricity into the Kenyan grid using geothermal steam from wells that are already drilled by utilising Modular Power Plants.

5. 2.2 Replace “Public Procurement and Disposal Act, 2005” with “ Public Procurement and Assets Disposal Act, 2015”

6. 2.3 Add the following to sub-clause 2.3 This tender is an open International tender Foreign tenderers will be required to satisfy all relevant licensing and/or registration with the appropriate statutory bodies in their country of origin. Only the foreign firms whose tenders are successful will be required to register and obtain relevant business licences in Kenya such as the National Construction Authority and ministry of Labour. All tenderers must have a quality assurance system implemented in accordance to ISO9001 standards or equivalent. Tenderers who are not certified to ISO 9001 must submit details of their quality management system demonstrating their substantive compliance with this standard or equivalent. All tenderers must have a Environmental management system implemented in accordance to ISO14001 standards or equivalent. Tenderers who are not certified to ISO 14001 must submit details of their Environmental management system demonstrating their substantive compliance with this standard or equivalent.

7. 2.6 Corruption and ethical standards The Government requires that Procuring Entities (including beneficiaries of Government funded projects) as well as Tenderers/Suppliers/Contractors under Government financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. It is the responsibility of the Procuring Entity to ensure that Tenderers, suppliers, and contractors and their subcontractors observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy:

For the purpose of this provision, the following definitions are provided: (i). “Corruption” has the meaning assigned to it in the

Anti Corruption and Economic Crime Act 2003 and

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includes the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement or disposal process or in contract execution;

(ii). “Fraudulent Practice” includes a misrepresentation of fact in order to influence a procurement or disposal process or the execution of a contract to the detriment of the Procuring Entity and includes collusive practices amongst Tenderers prior to or after Tender submission designed to establish Tender prices at artificial non competitive levels and deprive the Procuring Entity of the benefits of free and open competition;

(iii). “Collusive Practice” means an arrangement between two or more suppliers, contractors and subcontractors designed to achieve an improper purpose, including to influence improperly the actions of the Procuring Entity prior to or after Tender submission , designed to establish Tender prices at artificial non competitive levels and to deprive the Procuring Entity of the benefit of free and open competition;

(iv). “Coercive Practice” means impairing or harming, or threatening to impair or harm, directly or indirectly a supplier, contractor or subcontractor or the property of any of them to influence improperly the actions of a Procuring Entity;

(v). “Obstructive Practice” means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation.

A Procuring Entity has the right to require that Tenderers, suppliers, and contractors and their subcontractors permit persons duly appointed by KACC/PPOA/KNAO to inspect their accounts and records and other documents relating to the Tender submission and contract performance;

The Procuring Entity will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt, fraudulent practices in competing for the contract;

The Procuring Entity will cancel the portion of the funds allocated to a contract for goods, works, or services if it at any time determines that corrupt or fraudulent practices were engaged in

31

by representatives of the Procuring Entity or Approving Authority or of a beneficiary of the funds during the procurement or the execution of that contract;

In the event that the Procuring Entity or Approving Authority does not take timely and appropriate action satisfactory to the Government of Kenya to remedy the situation, then the Director-General may order an investigation of procurement proceedings for the purpose of determining whether there has been a breach of the Public Procurement and Assets Disposal Act, 2015.

8. 3.4 Add the following at the end of the sub clause 3.4

“in case the tenderer is a Joint Venture/Consortium, not more than one Joint Venture/Consortium agreement of the same firm from this tenderer will be acceptable”

9. 4.1

Alternative offers are allowed in accordance with ITT clause 4.3 i.e “Only the technical alternatives, if any, of the lowest evaluated Tenderer conforming to the basic technical requirements shall be considered by the Procuring Entity”

10. 4.2

Alternative times for completion are not allowed.

11. 6.3

Pre-tender site visit and bidders conference shall be held on Date: 10th November 2016. Day: Thursday Time: 10.00AM Venue: Geothermal Spa, Olkaria, Naivasha, Kenya

12. 6.5 The minutes of the pre-Tender meeting will be made available within five days from the date of thereof.

13. 6.6 Non-attendance at the pre-tender meeting will result in disqualification. Tenderers are strongly advised to visit site and obtain for themselves information adequate for them to prepare a responsive bid.

14. 7.2 The number of copies to be completed and returned with the Tender is three (3).

15. 8.1 Period to respond to request for clarification by the Procuring Entity; at most seven (7) days prior to tender closure. Period Prior to deadline for submission of Tenders for Tenderers to request clarification shall be at least 14 days prior to deadline

16. 8.2 Potential tenderers are advised to regularly check KenGen website for any uploaded information on this tender. Any issued Addenda/Clarification shall be uploaded by Procuring entity on the website.

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17. 10.1 Language of Tender and all correspondence shall be English.

18. 12 National Tenderers shall be required to provide evidence of their fulfilment of requirements under Sub-Clause 3.3.

19. 12.4 Consortiums will be considered the same way as Joint Venture/Consortiums. Tenderers shall submit clear and legally binding Joint Venture/Consortium agreements stating the responsibility of each party. The tenderer shall submit the Power of Attorney indicating all authorised to sign or execute on behalf of the Joint Venture/Consortium

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C. Preparation of Tenders

20. 13.1 This tender consists of two lots (packages) being: Package 1- Design, procure (manufacture), Supply, install commission Geothermal Modular Power Plants, including all related infrastructure and services, with a guaranteed minimum net power output of 23 MWe. The contractor is required to arrange for project funding facility. And Package 2- Design, procure (manufacture), Supply, install commission Geothermal Modular Power Plants, including all related infrastructure and services, with a guaranteed minimum net power output of 23.3 MWe. The contractor is required to arrange for project funding facility. The two packages will be evaluated and awarded separately. Tenderers may tender for one or both of the packages.

21.

15.3

a) "Taxes" means all present and future taxes, levies, duties,

charges, assessments, deductions or withholdings

whatsoever, including any interest thereon, and any

penalties and fines with respect thereto, wherever

imposed, levied, collected, or withheld pursuant to any

regulation having the force of law and "Taxation" shall

be construed accordingly.

b) Local Taxation

i). Nothing in the Contract shall relieve the Contractor

and/or his Sub-Contractors from their responsibility to

pay any taxes, statutory contributions and levies that may

be levied on them in Kenya in respect of the Contract. The

Contract Price shall include all applicable taxes and

shall not be adjusted for any of these taxes.

ii). The Contractor shall be deemed to be familiar with the

tax laws in the Employer's Country and satisfied

themselves with the requirements for all taxes, statutory

contributions and duties to which they may be subjected

during the term of the Contract.

iii.) In instances where discussions are held between the

Employer and the Contractor regarding tax matters, this

34

shall not be deemed to constitute competent advice and

hence does not absolve the Contractor of their

responsibility in relation to due diligence on the tax issue

as per 3 .21 .2 above.

c) Tax Deduction

i). If the Employer is required to make a tax deduction by

Law, then the deduction shall be made from payments

due to the Contractor and paid directly to the Kenya

Revenue Authority. The Employer shall upon remitting

the tax to Kenya Revenue Authority furnish the

Contractor with the relevant tax deduction certificates.

ii). Where the Contractor is paid directly by the Financiers

and the Employer is not able to deduct tax, then the

Contractor will be required to pay the tax deduction to

Kenya Revenue Authority in the name of the Employer

and furnish the Employer with an original receipt

thereof as evidence of such payment. In absence of the

said evidence, the Employer will not process any

subsequent payments to the Contractor.

d) Tax Indemnity

i). The Contractor shall indemnify and hold the Employer

harmless from and against any and all liabilities, which

the Employer may incur for any reason of failure by the

Contractor to comply with any tax laws arising from

the execution of the Contract whether during the term

of the Contract or after its expiry.

ii) The Contractor warrants to pay the Employer (within

fourteen (14) days of demand by the Employer), an

amount equal to the loss, liability or cost which the

Employer determines has been (directly or indirectly)

suffered by the Employer for or on account of the

Contractor’s Tax liability arising from the Contract.

iii). Where the amount remains unpaid after the end of the

fourteen (14) days moratorium, the Employer shall be

entitled to compensation for financing charges.

20 15.4 The rates and prices quoted by the Tenderer shall be fixed during the

performance of the Contract.

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21 15.3.1

Taxes

The currency in which the prices shall be quoted shall be: Kenya Shillings or in any freely convertible currencies. However, the maximum number of currencies shall be limited to two (2).

22 16.1

The preferred currency applicable for this tender shall be United States Dollars. The authority for establishing the rates of exchange shall be Central Bank of Kenya. The applicable date for exchange rates for tendering and evaluation purposes is the exchange rate at the closing date.

23 16.2

The tender shall remain valid and open for acceptance for a period of one hundred and Eighty (180) calendar days from the specified date of tender opening or from the extended date of tender opening (in accordance with clause 21) whichever is the later.

24 17.3 Not applicable 25 18.1 The Tenderer shall furnish as part of his tender, a Tender Security in

the amount of Five Million Kenya Shilling Only (KES 5,000,000/=) or

equivalent in a freely convertible currency. Mean Central Bank of

Kenya prevailing at the time of submission of tender shall apply.

The unconditional Tender Security shall be denominated in Kenya

Shillings or in another freely convertible currency, and shall be in

the form of a bank guarantee or a bank draft issued by a reputable

bank in Kenya or a foreign bank through a corresponding bank

located in Kenya in the form provided in the tender document.

The Tender Security shall be valid for thirty (30) days beyond the

tender validity period, i.e. 210 days

Any tender not accompanied by a Tender Security above will be

rejected by the Employer as non-responsive

The Tender Security of unsuccessful tenderers will be returned as

promptly as possible but, in respect to the successful tenderer, not

later than thirty (30) days after concluding the Contract execution

and after a Performance Security has been furnished by the

successful tenderer. The Tender Security of the successful tenderer

will be returned upon the tenderer executing the Contract and

furnishing the required Performance Security

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26 19.1

The documents submitted should be 1 original and 3 Copies. A CD ROM will be submitted separately in the Technical and Financial Submissions.

27 19.2 Tenders shall be submitted to: The Company Secretary & Legal Affairs Director Kenya Electricity Generating Company Limited 10th Floor, Kengen pension plaza 2 Kolobot Road, Parklands P.O. Box 47936-00100 Nairobi, Kenya

28 20.1 This is a Single-Stage Two-Envelope Bidding process.

The tenderer shall seal the original and copy of the tender in

separate envelopes for each package, duly marking the envelopes as

“ORIGINAL TECHNICAL” and “COPY TECHNICAL”; and “ORIGINAL

FINANCIAL” and “COPY FINANCIAL”. The envelopes shall then be

sealed in an outer envelope. The tenderer shall supply One

ORIGINAL and three COPIES

A CD-ROM labelled and containing the technical proposal and CD-

ROM containing the financial aspects shall be included and well

labelled in the ORIGINAL Submission of each envelope i.e Technical

and Financial Envelope

The inner envelopes shall each indicate the name and address of the

tenderer and the Package Details (Package 1 or Package 2) to enable

the tender to be returned unopened in case it is declared “late”,

while the outer envelope shall bear no mark indicating the identity

of the tenderer

Contents of bid Envelopes

A) Technical Envelope

The technical envelope shall contain two components:

1. Technical – EPC contractor’s technical Proposal and

2. Technical – Financier commercial proposal

The Technical Envelope shall contain the EPC Contractor’s technical

proposal with the following documents:

Tender submission letter

Joint Venture/Consortium agreements

37

Notarized Powers of attorney

Certificate of Incorporation (or equivalent) and

Country of origin (each must meet requirement in

case of Joint Venture/Consortium)

List of major subcontractors and suppliers

Experience of subcontractors in similar works in the

immediate five years

Manufacturer’s authorization

Performance guarantees

Tender Security

Confidential Business Questionnaire

Integrity Declaration

Tenderers qualifications and experience

o Curriculum vitae of key personnel

o Firms experience in the immediate past eight

years

o Schedule of ongoing works and expected

completion dates

o Certificate for Quality and environmental

assurance system implemented in accordance

to the requirements in ISO9001 and

ISO14001standards or equivalent

Tenderers audited accounts for the immediate three

years. In case of Joint Venture/Consortium each

member must meet this requirement

Current tax compliance certificate. In case of Joint

Venture/Consortium each member must meet this

requirement.

Litigation history certified by commissioner of oaths.

Technical proposal including:

o Tender design

o Energy and mass balance diagram

o Schedule of works

38

o Schedule of major construction equipment

Drawings

o Plant layouts including 3D models

o Process flow diagrams

o Steam gathering system design

o Civil and structural drawings of plant

List of mandatory spare parts required for two years’

operation

List of plant consumables required for two years’

operation

The Technical Envelope shall also contain the EPC’s Financier

commercial proposal with the following documents:

Notarized Powers of attorney

Certificate of Incorporation (or equivalent) and

Country of origin

Confidential Business Questionnaire

Integrity Declaration

Financier’s qualifications and experience

o List of similar projects financed in the last

10(ten) years

o Schedule of ongoing financed projects

o Certificate for Quality assurance system

implemented in accordance to the

requirements in ISO9001 standard or

equivalent

Audited accounts for the immediate three years.

Current tax compliance certificate or equivalent

Litigation history certified by commissioner of oaths.

B) Financial Envelope

39

The financial envelope shall contain two components:

1. Financial – EPC Contractor’s Financial Proposal and

2. Financial – Financier Loan proposal

The Financial Envelope shall contain the EPC Contractor’s financial

proposal with the following documents:

Duly filled Form of Tender

Bill of Quantities and Price schedule

Price schedule of mandatory spare parts for two years

(not part of bid price)

Price schedule of recommended spare parts and

consumables for five years (not part of the bid price)

The Financial Envelope shall also contain the EPC Financier’s loan

proposal with the following documents:

EPC financing terms sheet

Duly filled Loan schedule

29 20.2 a)

The name and identification of the project is: Tender for Engineering, Procurement, Construction and Financing (EPC+F) For Modular Geothermal Power Plants Project at Olkaria The tender number is: KGN-BDD-10-2016 Date and Time for submission is: 22nd December 2016 at 10am

If the outer envelope is not sealed and marked as instructed above, the

Employer will assume no responsibility for the misplacement or

premature opening of the tender. A tender opened prematurely for

this cause will be rejected by the Employer and returned to the

tenderer

D. Submission of Tenders

30 21.2 b)

The deadline for Tender submission is: 22nd December 2016 at 10am

31 21.3 The tender shall remain valid and open for acceptance for a period of one hundred and eighty (180) calendar days from the specified date of tender opening or from the extended date of tender opening (in accordance with clause 21 here above) whichever is the later.

40

32 21.4 The extension of the deadline for submission of Tenders shall be made not later than five (5) days before the expiry of the tender deadline.

33 21.3 The Tender opening shall take place at: Company: Kenya Electricity Generating Company Street address: Kolobot Road off Limuru Road Building/Plot No: Stima Plaza Floor/Room No: 7th Floor City/Town : Nairobi Country : Kenya The amount on the Tender form shall be assumed to be inclusive of all offered discounts and all applicable taxes.

E. opening and evaluation of tenders 34 24.1

The date applicable is the closing date of the tenders

35 24.3 Only the technical bids shall be opened on the Tender Opening date. Those whose technical bids are successful shall be invited for financial bid opening at a later date. Both shall be public events.

27.1 For a tender to be considered responsive, the tenderer must meet the following PRELIMINARY/MANDATORY EXAMINATION OF TENDERS Provide the following for the EPC contractor:

Tender submission letter

Joint Venture/Consortium agreements

Notarized Powers of attorney

Certificate of Incorporation (or equivalent) and

Country of origin (each must meet requirement in

case of Joint Venture/Consortium)

Manufacturer’s authorization

Tender Security

Confidential Business Questionnaire

Integrity Declaration

Tenderers audited accounts for the immediate three

years, In case of Joint Venture/Consortium each

41

member must meet this requirement.

Current tax compliance certificate. In case of Joint

Venture/Consortium each member must meet this

requirement.

Litigation history certified by commissioner of oaths.

Evidence of mandatory site visit

Provide the following for the financier:

Notarized Powers of attorney

Certificate of Incorporation (or equivalent) and Country

of origin

Confidential Business Questionnaire

Integrity Declaration

Audited accounts for the immediate three years.

Current tax compliance certificate or equivalent

Litigation history certified by commissioner of oaths.

36 27.2 Add the following at the end of the sub-clause

“The preliminary and technical evaluation will be carried out in the first phase of the evaluation.” Financial bids for the tenderers who are successful in the technical evaluation will then be opened for evaluation

37 28 Not applicable 38 30.1 Additional information of detailed technical evaluation criteria is

found in Appendix A 39 30.2 Additional information of detailed financial evaluation criteria is

found in Appendix B 40 32.1

Add the following at the end of clause 32.1 The award criteria will be as follows: EPC Price A Add Cost of Loan B Add Penalty for late completions

(ref Appendix A, clause 1.2.1 (a)) C

Subtract Value of Extra MW (ref Appendix A, clause 1.2) D Add Omitted obligations (ref Appendix A, clause 1.2 (a)) E SUM TOTAL EVALUATED BID PRICE A+B+C-D+E

42

41 33.1 Post- qualification shall be undertaken. The employer reserves right to authenticate all information and documents provided for purposes of this tender

F. Award of contract 42 36.1 Add the following at the end of sub-clause 36.1

“Notification of Tender Award will be subject to successful negotiation of PPA (power purchase Agreement) and successful negotiation of financing agreement”

43 40.1 Within thirty 30 days The amount of Performance Security shall be ten (10) percent of the Contract price. Only bank guarantee will be acceptable.

44 40.2 Within 30 days from the date of receipt of the notification of award from the employer, the successful tenderer shall furnish the employer with a Performance Security in an amount stated in the appendix to instruction to tenderers. The Performance Security to be provided by the successful tenderer shall be an unconditional Bank Guarantee issued at the tenderer’s option by an established and a reputable Bank approved by the Employer and located in the Republic of Kenya, or a foreign bank through a correspondent bank located in Kenya and shall be divided into two elements namely, a performance security payable in foreign currencies (based upon the exchange rates determined in accordance with the Conditions of Contract and a performance security payable in accordance with the Conditions of Contract. The value of the two securities shall be in the same proportions of foreign and local currencies as requested in the form of foreign currency requirements. Failure of the successful tenderer to lodge the required Performance Security shall constitute a breach of Contract and sufficient grounds for the annulment of the award and forfeiture of the Tender Security and any other remedy under the Contract and the Employer may award the Contract to the next ranked tenderer.

45 41.1 The Advance Payment shall not apply

46 41.2 Not applicable

43

SECTION IV:

GENERAL CONDITIONS OF CONTRACT

The Conditions of Contract comprise the “General Conditions” which form part of the “Conditions of Contract for “EPC/Turnkey Projects” First Edition 1999 published by the Federation Internationale des Ingenieurs-Conseils (FIDIC) and the following “Particular Conditions” which include amendments and additions to such General Conditions.

44

SECTION V

PARTICULAR CONDITIONS OF CONTRACT

The General Conditions of Contract in Part I shall be modified by the Special Conditions set out below: -

Particular Conditions of Contract (PCC) The following Particular Conditions of Contract (hereinafter referred to as PCC) shall supplement the General Conditions of Contract in Section IV. Whenever there is a conflict, the provisions herein the PCC shall prevail over those in the GCC.

PCC Ref.

No

GCC Clause No

Amendments of, and Supplements to, Clauses in the GCC

1 1.1

Add the following to the clause 1.1

Modular geothermal power plant means geothermal power plants constructed

with standardized units or dimensions of approximately 6MW turbine unit(s)

and allowing laying of simple foundations on the well pad

1. 1.4 The contract shall be governed by the Laws of the Republic of Kenya. The ruling language and the language for communications shall be English

2. 1.5

The priority of documents is as follows: a. The contract agreement b. The letter of award and acceptance thereof c. The particular conditions of contract and attachments thereto d. General conditions of contract, in this case “EPC/Turnkey Projects”

First Edition 1999 published by the Federation Internationale des Ingenieurs-Conseils (FIDIC)

e. The employer’s tender document f. The contractor’s bid document

3. 1.6 The notification of award shall not constitute the formation of a contract until The Contract Agreement is signed by both parties

4. 2.1

Add the following at the end of sub-clause 2.1 “The site is located in Hell’s Gate National park. The park regulations can be downloaded from the Kenya Wildlife Services webpage www.kws.go.ke. The park regulations shall be complied with at all times. Some of the highlights are:

Access is controlled and requires prior clearance which shall be arranged by the Employer upon request by the Contractor.

The normal working hours are Monday-Saturday 7am-6pm local time.”

5. 2.4 Add the following at the end of sub-clause 2.4 “The EPC will be accompanied by financing. The EPC Contractor shall arrange for financing will details shown below:

45

a. The financing to be effective on the date of signing the EPC Contract Agreement

6. 4.2

Performance security shall be the 10% of the contract price in the currencies and the proportions for which the contract is payable.

The Performance Security shall be in the form of an irrevocable Unconditional Bank Guarantee as attached in Section X (Forms of Security). The Performance Security shall be issued by either a bank located in the Country of the Employer, or a foreign bank through a correspondent bank located in the Country of the Employer.

7. 4.3 Add the following at the end of sub-clause 4.3 “The Contractor’s representative and an adequate number of staff of the Contractor shall be fluent in the English language.”

8. 4.17 Add the following at the end of sub-clause 4.17 “The Contractor shall not remove from site any major items of contractor equipment without the consent of the Employer’s representative.”

9. 4.19

The Contractor shall be responsible for supply of electricity and water at the construction site at their own cost. However, the Employer, at the Contractor’s request can provide water at a rate of USD 1.82 per m3. In this case, The contactor shall be required to supply a suitable reservoir.

10. 6.1

Add the following at the end of sub-clause 6.1 “The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour with appropriate qualifications and experience from sources within Kenya.”

11. 6.5

Add the following at the end of sub-clause 6.5 “The normal working hours are Monday-Saturday 7am-6pm local time. The Contractor shall respect the Country’s recognized festivals, days of rest and religious and other customs.”

12. 6.7 Without limiting the generality of the foregoing the Contractor shall strictly abide by the Kenyan regulations concerning safety on the site of the Works

13. 6.8

Insert at the end of Sub-Clause 6.8: “A reasonable proportion of the Contractor’s superintending staff shall have a working knowledge of the English Language

14. 7.4

Add the following at the end of the sub clause: “As a minimum the following tests will be undertaken to acceptable international standards by the contractor and witnessed by the Employer

(i) Factory acceptance tests for a. Turbine b. Generator and excitation system c. Condenser d. Hot-well pumps e. Containerised Control system

(ii) On site tests

46

a. Construction materials i.e. reinforcement bars, ballast, sand cement.

b. Concrete testing, c. Compaction testing d. Welding of steam system and support structures e. All pre-commissioning tests f. Noise levels

(iii) All materials and equipment will have to be accompanied with tests certificates from their factories of origin”

15. 8.7

Replace sub-clause 8.7 with “Failure to meet the Time for Completion in accordance with Clause 1.1.3.3, entitles the Employer to a reduction in the Contract Price of 0.1% of the Contract Price per day of delay up to a maximum of 10%. However, the payment of the liquidated damages for delay shall not in any way preclude other rights and remedies available to the Employer

No payments for early completion will be made by the Employer.”

16. 9.1

Insert at the end of Sub-Clause 9.1: “ The tests shall include the following

a. Performance guarantees of power output and steam rate b. 30 days reliability run c. Other tests include, noise levels, vibrations and performance tests

for each equipment.”

17. 9.4

Insert at the end of Sub-Clause 9.4: The factor for reducing the contract price due to the EPC contractor failure to meet his guaranteed output will be as shown in the table below

Guarantee Contract reduction factor

Guaranteed package Output at NCR

US$ 3,688.00 per kW of Output less than the guaranteed Net Package Output at NCR

Availability No adjustment No credit will be given for exceeding guaranteed output

18. 10.2

Insert at the end of Sub-Clause 10.2: Partial takeover is restricted to successful completed and commissioned modular generating unit within a package

19. 11 Defects Notification Period is 1(one) calendar year, from the date of Taking-over Certificate

20. 11.3

Defects Notification Period (Defects Liability Period) shall be extended as follows:

(i) Major equipment replaced will be subject to recommencement of a new 1(one) year Defects liability period

(ii) Items that are repaired will get an extension of DLP for the period they were out of service

21. 12.4 The following additional test will be undertaken;

(i) Power purchase agreement tests shall be undertaken in accordance with the requirements of Kenya Power Lighting

47

Company and Kenya Electricity Generating Company Limited power purchase Agreement

(ii) Commissioning tests and performance tests shall be repeated if major equipment are replaced during the defects liability period. Major equipment includes, turbine, generator, hot well pump and cooling tower fans

22. 14.2 Advance payment is not applicable

23. 14.3

Retention shall be 10% payable as follows (i) 50% of retained amount on taking over of the entire package (ii) 50 % upon successful end of Defects Liability Period

24. 16.2 (a)

Not applicable

48

SECTION VI

TECHNICAL SPECIFICATIONS

PROJECT SCOPE AND SPECIFICATIONS

I. Scope of Works

The TENDERER shall be responsible for the finance, design, procurement/manufacture,

supply, and delivery, installation including civil works, testing and commissioning of:

a. Geothermal Modular Power Plant(s)

b. Infrastructure from the Wellhead master valve to the Modular Plant(s).

c. Infrastructure from the modular plant to the nearest step-up HV Substation.

The EPC Contractor shall be responsible for ascertaining the accuracy and

completeness of the data provided by the Employer.

II. The Site

a. The Project is located in the Hell’s Gate National Park. The Hell’s Gate National

Park is controlled and administered by the Kenya Wildlife Service (KWS). All

Works associated with this project shall comply fully with the requirements of

KWS where it impacts upon operation of the National Park

b. Civil infrastructure facilities consisting of access roads, site and plant water supply

systems, domestic waste disposal system, water reticulation system and any other

associated infrastructure. Overhead distribution power supply lines for

construction works are about 5km from the Project area. The contractor will liaise

with KPLC for connection and meet the cost of extending it to the working site.

III. Minimum Extent of Works/Supply

In pursuance to its obligations under Section I (above); the TENDERER shall be

responsible for but not limited to:

a. Engineering, Procurement, Construction and arrangement for Financing of the

Modular Power Plants, based on the configuration(s) agreed upon with the

Employer.

The minimum specifications for the Modular Power Plant shall be:-

49

i) It is preferred that each Modular Power Plant unit should be rated between 4 and

8 MWe.

ii) The Employer prefers condensing turbines but binary power plants will also be

considered as alternatives provided the foot print area does not exceed 5,000 M2

iii) The Modular Power Plants should have a design life of at least 20 years.

iv) The control system house should be a movable container. And the controls system

should be DCS type with capability for remote operations and control.

v) Utility interconnection including metering and protection

vi) The modular plant equipment such as turbine, generators, separators and

condensers should be supplied as single units and to be as potable as possible

vii) The Non Condensable Gas ejection system for the Modular Power Plants should

be hybrid with gas ejectors and vacuum pumps to reduce noise and steam

consumption.

viii) The total auxiliary power consumption should not exceed 5% of the gross

output.

ix) Cold Reinjection system. The excess power plant condensate at the cooling tower

shall be piped to the designated reinjection wells using high density polyethylene

pipes.

b. Civil Works

i. Detailed geotechnical and topographic survey

ii. Site development including associated earth works, gravel surfacing, ground

compaction and drainage facilities within and around the site and

landscaping.

iii. Construction of reinforced concrete foundations

iv. Construction of other necessary structural supports including equipment

skids and supports

v. Construction of secure fence around the Site.

vi. Construction of cable trenches.

vii. Waste disposal systems

c. Steam processing facilities

These include:

i. Two phase piping from the master valves to separator(s) including

associated valves, controls, metering devices, insulation and cladding

ii. Steam separators preferably cyclone type with all controls, monitoring

and metering devices. The separator should be designed to separate steam

50

at least 99.9 purity. The EPC contractor shall design pressure operating

points that:

Optimises well output

Ensures no deposition both in the production and hot

reinjection wells and surface equipment and pipelines

Ensures no deposition in the cold end equipment, pipelines

and cold reinjection wells.

To facilitate this design, well discharge characteristics and well discharge

chemistry datasheets are provided in Appendix C.

iii. Steam pipes to the Modular Power Plant including associated valves,

condensate traps, controls, metering devices (including but not limited to

flow, pressure, temperature meters), insulation and cladding.

iv. Hot reinjection brine pipes to designated hot reinjection wells, control,

instrumentation and measuring devices

v. Cold reinjection pipelines to designated cold reinjection wells control,

instrumentation and measuring. The pipeline shall be high density

polyethylene material with connection ends and valves being stainless

steel where applicable

vi. Insulation and cladding. The pipes and separation vessels shall be

insulated with Rock wool, calcium silicate or equivalent materials to be

approved by the Employer. The cladding shall be aluminium sheets

painted to camouflaged colours similar to jungle green military colours.

vii. Fully furnished 40ft Containerised office at each Modular Power Plant site

with office and small kitchen; including lighting and Air conditioning

units

viii. A 20ft containerised lavatory and bathroom facility for both genders

ix. A 20ft storage container complete with appropriate racks

The design and construction of Steamfield facilities shall conform to recognized

internationals standards such as API, ASME and ISO. The actual standards used

shall be agreed with the employer.

d. Plant Mechanical Works

i. Modular Power Plant;

Silencer

51

Turbine and accessories

Governor and main stop valves and accessories

Condenser and accessories

Gas Ejector System. (Vacuum pumps are mandatory)

Cooling Towers and accessories

Pipelines interconnecting equipment

ii. Necessary control and metering/monitoring equipment and accessories

iii. Necessary special tools

The noise level from each equipment shall be less than 85 db at 1m

distance.

e. Plant Electrical Works

i. Electrical equipment; including main and auxiliary transformers

ii. Containerized metal clad switchgear, control switchboard; motor control

centre, including control panels, direct current system complete with

battery charger and inverters

iii. A 200KVA or suitably rated outdoor standby diesel generator with

automated change over with enough capacity to supply wellhead modular

plants essential power requirements.

iv. Required high voltage Equipment devices and accessories including

necessary cables and hardware for interconnection to the nearest HV

Substation

v. Unit gross generation and tariff metering of approved metering class

vi. p r o t e c t i o n f o r all auxiliary loads

vii. Protection system for electrical systems up to and including the 11 KV bus

bar.

viii. Required instrumentation indicators, protection, control and automation of

steam turbine units and their auxiliaries, complete with necessary

supervisory devices, electronic modules for control and protection, data

acquisition system, for safe and reliable operation of the Modular power

plant

ix. Air conditioning system for the protection of electrical equipment and

instruments at the control room.

x. Fire protection and alarm systems.

xi. Instrument air system (if necessary).

xii. Handling facilities for maintenance and repair.

52

xiii. Miscellaneous electrical works, including lighting ( indoor and outdoor),

grounding and lightning protection.

xiv. Voice and data communication systems to and from the Operations

Centre

f. Plant Control system (DCS/SCADA)

I. PLCs shall be redundant to enhance availability

II. Server/historian shall be provided for purpose of event, alarm and trip logging

storage up to at least three months

III. Engineering programming tools and accessories, Software, licenses and all necessary

passwords/access rights of all software based systems shall be provided and necessary

effective user instructions and training conducted to employer operations &

maintenance staff.

IV. The DCS/SCADA shall have provisions for remote control and monitoring away from

the well pad.

V. Plant control logics shall be availed in the DCS operator station HMI for viewing and

ease of troubleshooting without and alteration

VI. It shall be possible to start up, synchronize and regulate the units from DCS/ SCADA

VII. All energy metering including the tariff meters shall be incorporated in the DCS and

shall be possible to accurately read the tariff energy via DCS/SCADA

VIII. It shall be possible to control and monitor all electrically operable equipment and

instruments including but not limited to instruments, switchgears, motors, valves,

emergency diesel generator, STG auxiliaries, substation switchgears, temperatures,

pressures, levels, flows, Current, Voltage, MW, Mwh, Mvar, frequency, OLTC

position etc.

h) Excitation system

Excitation system shall be preferably brushless and PMG based. It shall be capable of

operating in AVR mode, PF modes or Var mode with a selectable droop range of 0 to 6 %

with capability of house load operation.

i) Turbine governor

The turbine governor system shall be a suitable one with capability of house load

operation, Load limit and governor mode control with frequency influence with a

selectable droop range of 0 to 6 % with capability of compliance to Kenyan grid code

contribution to system stability and house load operation.

j) Synchronisation system

53

It shall be possible to synchronize from start-up both locally on the control panels

and also by DCS.

It shall also be possible to re-synchronize from house load operation after grid

restoration

k) House load operation/ Islanding operation

The units shall be capable of riding through system faults and disconnecting from the grid

reverting to house load operation/Islanding operation in the event a grid related fault and

continue generating to supply its own auxiliaries and be ready to resynchronize when the

grid is restored without having to shut down for a re-start. The steam turbine governor,

excitation, protection and any other relevant systems shall be configured to house load

capability

l) Kenya Grid code: All the relevant clauses of the Kenyan Grid code shall be complied with

in terms of frequency control, voltage control, faults ride through capabilities, protection

etc.

m) Site security system including lighting

IV. Miscellaneous Contractor Obligations

i. Supply two (2) number 4WD-double cab utility vehicle for each package

for use by the Employer staff. Minimum specifications are: Turbo-diesel

engine capacity of 2.5L. Each vehicle shall be supplied with a tool box, high

lift jack, fully equipped First Aid box, Warning triangles and tow-rope. The

Contractor shall be responsible for fuelling, insurance and servicing of the

vehicle, and employment of full time drivers during the implementation

phase of the project. The vehicles shall be handed over to the Employer at

the end of the project.

ii. Computers and Software. Supply five (5) laptop computers per package

with minimum specifications: Core i7, 3.1GHz, 16GB RAM, 1 TB flash

storage space. Fully installed with Mac os-x, latest AutoCAD software, MS

office upon commencement of the project.

iii. Training and Knowledge Transfer

Prior to commencement of installation of the modular plants the following

training shall be provided for ten employer staff per package:

54

Design, operation and maintenance of turbine, generator,

transformers, control and instrumentation system, switch gear and

protection system, turbine and generation foundations,

communication, steam system and cold end. It is preferred to

conduct these trainings at the technology manufacturer’s design

office for effective knowledge transfer. The contactor is responsible

for airfare, transfers and accommodation for the training

participants.

Project supervision and management

Embed at least three Employer staff during installation of the

Modular Power Plant.

Additional training for operation and maintenance staff during

commissioning and reliability run of the modular plants

V. Factory acceptance tests

The contractor will finance and facilitate travel and subsistence

allowances for at least two Employers staff for a maximum period of

four days for the following major equipment as a minimum

o Turbine o Generator and excitation system o Condenser o Hotwell pumps o Containerised Control system

VI. List of Documents to be reviewed and approved

a. Approval

i. Concept design

ii. Plant layout

iii. Pipeline route

iv. Process and Instrumentation Diagrams

v. Process Flow Diagrams

vi. Specifications of major equipment

vii. Civil and structural designs and drawings

viii. Schedule of works

ix. As built drawings

x. Operation and maintenance manuals

xi. 11KV Power evacuation route and design to HV substation

55

56

CONSTRUCTION TIMETABLE

(To be inserted from the TENDERERs Proposal)

57

ANNEX A: FORM OF DISPUTE ADJUDICATION AGREEMENT

[for each member of a three-person DAB]

Name and details of Contract Name and address of Employer Name and address of Contractor Name and address of Member Whereas the Employer and the Contractor have entered into the Contract and desire jointly to appoint the Member to act as one of the three persons who are jointly called the "DAB" [and desire the Member to act as chairman of the DAB] to adjudicate a dispute which has arisen in relation to * The Employer, Contractor and Member jointly agree as follows: 1. The conditions of this Dispute Adjudication Agreement comprise the "General Conditions of

Dispute Adjudication Agreement", which is appended to the General Conditions of Contract. In these provisions, which include amendments and additions to the General Conditions of Dispute Adjudication Agreement, words and expressions shall have the same meanings as areas signed to them in the General Conditions of Dispute Adjudication Agreement.

2. [Details of amendments to the General Conditions of Dispute Adjudication Agreement, if any.] 3. In accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the

Member shall be paid a daily fee of……….. per day. 4. In consideration of these fees and other payments to be made by the Employer and the Contractor

in accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement, the Member undertakes to serve, as described in this Dispute Adjudication Agreement, as one of the three persons who are jointly to act as the DAB.

5. The Employer and the Contractor jointly and severally undertake to pay the Member,

inconsideration of the carrying out of these services, in accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement.

SIGNED by: For and on behalf of the Employer in the presence of Witness: Name: Address: Date: SIGNED by: For and on behalf of the Contractor in the presence of

58

Witness: Name: Address: Date: SIGNED by: The Member in the presence of Witness: Name: Address: Date:

.

59

PROPOSED WORK PLAN

60

APPENDIX A:

DETAILED TECHNICAL EVALUATION CRITERIA

1. EVALUATION OF EPC TECHNICAL PROPOSAL 1.1 Technical Evaluation In addition to the requirements of the Instructions to Tenderers (ITT 27.2) the following requirements shall apply:

1.1.1 Personnel

The Tenderer shall demonstrate that it has the personnel for the key positions that meet the following requirements:

No. Position Total Work Experience (years)

Experience in Similar Works (years)

1 One (1) Project Manager

Total professional experience of at least 15 years.

At least 10 years’ experience as a project manager with at least 8 years’ experience in Geothermal power plant projects.

2 Construction Manager

Total professional experience of at least 15 years

At least 10 years’ experience in site supervision and construction of power plant projects, within which the staff has undertaken assignments as a construction site manager to the contract in the scope of works

3 Engineering manager

Total professional experience of at least 15 years

At least 10 years’ experience, with at least 5 years’ experience in Geothermal power plant design

4 Quality assurance

engineer

Total professional experience of at least 10 years in identification and management of risk and quality assurance for power projects in developing countries.

Total professional experience of at least 8 years in identification and management of risk and quality assurance for power plant projects.

61

5 Health & Safety (Accident Prevention) Officer

Total professional experience of at least 10 years

At least 8 years’ experience as ESH in power plant projects within which the staff has undertaken assignments as site ESH team lead in the area of expertise for the respective scope of works

The Tenderer shall provide details of the proposed personnel and their experience records in the Tender Forms.

1.1.2 Equipment

The Tenderer shall demonstrate that it has the key equipment listed hereafter:

No.

Equipment Type and Characteristics

Minimum Number required

1 Mobile Crane < 20T 1

2 Mobile Crane < 40T 1

3 Excavator 1

4 Compactor 1

5 Grader 1

5 Tippers 3

6 Concrete Mixers 2

7 Mobile Welding Machines 4

For the above equipment tenderers are required to provide evidence of ownership or lease. The Tenderer shall provide further details of proposed items of equipment using forms Bidding Forms.

1.2 Functional Guarantees of the Plant and Installation Services

The minimum (or maximum) requirements stated in the Specification for functional guarantees required in the Specification are:

Package 1

Functional Guarantee Minimum ( or Maximum, as

appropriate) Requirement

Net Package Output at NCRs 23.0 MWe

Total Specific Steam Consumption per Plant (This is Total Steam Supplied after Separator over (divide by) net electricity output (A/F)

8.5 t/hr/MW

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Availability (included maintenance) 94%

[NCR = Nominal Continuous Rating]

Package 2

Functional Guarantee Minimum ( or Maximum, as

appropriate) Requirement

Net Package Output at NCRs 23.3 MWe

Total Specific Steam Consumption per Plant (This is Total Steam Supplied after Separator over (divide by) net electricity output (A/F)

8.5 t/hr/MW

Availability (included maintenance) 94%

For avoidance of doubt, the steam for performance guarantee is measured at point A

(Total Steam) and net power is measured at point F (Net Power into the Grid) as

shown in the schematic diagram below;

In the above tables, the functional guarantees for Net Package Output are minimum

values and the functional guarantees for Total Specific Steam Consumption are

maximum values.

Tenders offering functional guarantees that are below the minimum values for Net

Package Output, and/or offering functional guarantees that are greater than

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maximum values for Total Specific Steam Consumption, shall be rejected. For the purposes of evaluation in order to establish the Tenderer’s evaluated bid price, where Tenderer’s offer functional guarantees of the proposed Plant and Installation Services for:

Net Plant Output which are greater than the minimum values indicated in the table

above, an adjustment calculated at the rate indicated in the following table will be

subtracted from the bid price, and

Unit Adjustment Rate

Net Package Output per Unit at NCR

US$ 3,688.00 per kW of Output greater than the minimum Net Package Output required per Unit at NCR stated in table above

Availability No adjustment

The Tenderer shall provide Process Flow Diagrams (PFDs) with heat and mass balance for the Design Point, in the following conditions:

NCR operation 100% load, all plant available;

Operation at maximum wet bulb temperature, 100% load, for each unit;

Operation at minimum wet bulb temperature, 100% load, for each unit;

Repeat diagrams, with one cooling tower cell out of service;

With any other single plant item out of service that is not provided with 100% redundancy.

(a) Work, services, facilities, etc., to be provided by the Employer

Where tenders include the undertaking of work or the provision of services or facilities by the Employer in excess of the provisions allowed for in the Bidding Documents, the Employer shall assess the costs of such additional work, services and/or facilities during the duration of the Contract. Such costs shall be added to the Bid Price for evaluation.

1.3 Alternatives Technical Solutions

Alternatives technical solutions will be evaluated as follows:

The evaluation by the Employer of any alternative technical solutions that are offered by the Lowest Evaluated Tenderer shall be based upon:

The Employers assessments of operating and maintenance costs taken from

its experience in operating power plant facilities and other data

available for geothermal power generation.

The Net Package Output at NCR at the rates as indicated above,

The Total Specific Steam Consumption at NCR at the rates as indicated above, and

The Employer's assessments of costs for any additional Work, services, facilities,

64

etc., to be provided by the Employer for the particular alternative technical

solution.

65

2.2 Eligibility, Experience And Financial Situation

66

Qualification Criteria COMPLIANCE REQUIREMENTS

DOCUMENTATION

No. Factor/

Sub-Factor Requirement Single Entity

Joint Venture/Consortium (existing or

intended) Submission

Requirements

All Parties Combined

Each Member

One Member

2.2 Financial Resources

i) The tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the cash flow requirements estimated as USD 10,000,000 (United States Dollars Ten Million only) the subject contract(s) net of the tenderer’s other commitments.

Must meet requirement

Must meet requirement

Must meet Thirty percent (30%) of the requirement

Must meet Fifty percent (50%) of the requirement

Standard forms

67

Qualification Criteria COMPLIANCE REQUIREMENTS

DOCUMENTATION

No. Factor/

Sub-Factor Requirement Single Entity

Joint Venture/Consortium (existing or

intended) Submission

Requirements

All Parties Combined

Each Member

One Member

EPC

Contractor experience

i) The tenderer shall demonstrate experience in Engineering Procurement and Construction of geothermal modular plants with a cumulative installed capacity of 30MWe in the last 10 years

ii) The tenderer shall demonstrate having engineered and constructed modular units similar (both in size and architecture) to the ones they propose that have been in operation for past five years

Must meet requirement

Must meet requirement

N/A N/A Standard forms

EPC

Contractor turnover

The tenderer shall demonstrate having an annual turnover of not less than USD 75 million in each of the immediate past three years

Must meet requirement

Must meet requirement

Must meet Thirty percent (30%) of the requirement

Must meet Fifty percent (50%) of the requirement

Standard forms

68

Qualification Criteria COMPLIANCE REQUIREMENTS

DOCUMENTATION

No. Factor/

Sub-Factor Requirement Single Entity

Joint Venture/Consortium (existing or

intended) Submission

Requirements

All Parties Combined

Each Member

One Member

EPC

Contractor net-worth

The tenderer shall demonstrate having a positive net-worth in each of the immediate past three years. This is Total Assets less Total Liabilities

Must meet requirement

Must meet requirement

Must meet

requirement

Must meet requireme

nt

69

2.3 Subcontractors/manufacturers Subcontractors/manufacturers for major items of supply or services identified in the prequalification document must meet or continue to meet the minimum criteria specified therein for each item.

Subcontractors/manufacturers for the following additional major items of supply or services shall meet the following minimum criteria, herein listed for that item:

Item No. Description of Item Minimum Criteria

1 Steel pipe and fittings 8 years 2 Valves 8 years 3 Steel used in fabrication of pressure

vessels. 8 years

4 Control Panels 8 years 5 Instrumentation and controls 8 years 6 Pumps and compressors 8 years 7 Civil & structural Works 8 years

Failure to comply with this requirement will result in the rejection of the Subcontractor.

In the case of a Tenderer who offers to supply and install major items of supply under the Contract that the Tenderer did not manufacture or otherwise produce, the Tenderer shall provide the manufacturer’s authorization, using standard form provided in the Bidding Forms, showing that the Tenderer has been duly authorized by the manufacturer or producer of the related plant and equipment or component to supply and/or install that item in the Employer’s country. The Tenderer is responsible for ensuring that the manufacturer or producer complies with the requirements of the minimum criteria in the specification

70

1.2 EVALUATION OF THE QUALIFICATIONS OF EPC FINANCIER

1.2.1 Evaluation In addition to the requirements of the Instructions to Tenderers (ITT 27.2) the following factors shall apply:

REQUIREMENTS

Description Requirements Tenor 15 years Grace Period 3 years Currency USD or any freely convertible currency Borrower Kenya Electricity Generating Company Limited Interest Rate Both Fixed and variable rate should be offered. The employer will

choose between the variable and fixed rate Security Unsecured. Negative pledge clause Ranking Pari passu with other present and future unsecured and

unsubordinated payment obligations. Covenants No financial covenants, No restrictive conditions/covenants Payment Both principal and interest to be paid twice a year (biannually) Early repayment Allowed without any penalty Fees All fees should be indicated

71

APPENDIX B:

DETAILED FINANCIAL EVALUATION CRITERIA

1. EVALUATION OF EPC FINANCIAL PROPOSAL 1.1 EPC Contractor Financial Evaluation In addition to the requirements of the Instructions to Tenderers (ITT 27.2) the following requirements shall apply:

1.2 EPC Commercial Evaluation

[Any adjustments in price that result from the procedures outlined below shall be added, for purposes of comparative evaluation only, to arrive at an “Evaluated Bid Price.” Bid Prices quoted by Tenderers shall remain unaltered.]

1.2.1 Evaluation requirements

The following requirements and methods will apply under ITT; (a) Time Schedule

Time to complete the Plant and Installation Services from the effective date specified in TDS Clause 3 for determining time for completion.

It is MANDATORY for the Tenderer to provide a work schedule in MS Project or equivalent showing major milestones.

Failure to provide a work schedule will lead to automatically disqualification of the Tender

No credit will be given for earlier completion. The adjustment rate in the event of completion beyond the period stated above (up to a maximum of 30 days from the dates specified) shall be:

Tenders offering a completion date beyond the maximum designated period (30 Days from the dates specified) shall be rejected.

(b) Adjustment for Functional Guarantees A credit will be awarded for evaluation purposes only for:

Net Plant Output which are greater than the minimum values

Works or Unit Layout - Units Power Plant

1 Rate per Works US$ 45,000 per day for each day beyond the period.

72

Unit Adjustment Rate

Net Package Output per Unit at NCR

US$ 3,688.00 per kW of Output greater than the minimum Net Package Output required per Unit at NCR stated in table above

Availability No adjustment

(c) Work, services, facilities, etc., requested by the EPC Contractor

Where tenders include the undertaking of work or the provision of services or facilities by the Employer in excess of the provisions allowed for in the Bidding Documents, the Employer shall assess the costs of such additional work, services and/or facilities during the duration of the Contract. Such costs shall be added to the Bid Price for evaluation.

1.3 Alternatives Technical Solutions

Only the alternative proposals for the lowest evaluated tenderer shall

be evaluated

73

2. EVALUATION OF COMMERCIAL QUALIFICATIONS OF EPC FINANCIER

1.2.1 Evaluation In addition to the requirements of the Instructions to Tenderers (ITT 27.2) the following factors shall apply:

The total cost of financing shall be calculated and added to the EPC Contract price

for purposes of comparison of tenders. Tenderers shall be required to provide the

following details to facilitate this evaluation

o Conditions of the loan. Loans without punitive and restrictive

covenants will be preferred by the Employer

o Principal equivalent to EPC cost

o Interest rates

o Investor fees and other related financing fees

o Grace period

o Payback period

o Early payback terms

o Late payment terms

o Source of capital

o Currency of the financing

o Schedule of re-payments in the format shown below

Tenderers who provide financing with restrictive covenants/conditions will be considered

non responsive.

74

Schedule of re-payments

EPC Cost Funding (Principal) Fees Forex Insurance Principal Interest Total Debt Service

$0 $0 $0 $0 $0 $0

0 Re-Payment 1

Re-Payment 2

1 Re-Payment 3

Re-Payment 4

2 Re-Payment 5

Re-Payment 6

3 Re-Payment 7

Re-Payment 8

4 Re-Payment 9

Re-Payment 10

5 Re-Payment 11

Re-Payment 12

6 Re-Payment 13

Re-Payment 14

7 Re-Payment 15

Re-Payment 16

8 Re-Payment 17

Re-Payment 18

9 Re-Payment 19

Re-Payment 20

10 Re-Payment 21

Re-Payment 22

11 Re-Payment 23

Re-Payment 24

12 Re-Payment 25

Re-Payment 26

13 Re-Payment 27

Re-Payment 28

14 Re-Payment 29

Re-Payment 30

15 Re-Payment 31

Total

Year from Project Start Re-Payments Balance of Principal

75

Appendix C

WELL DATA Package 1

Production Wells:

Northings

(m)

Eastings

(m)

Elevation

(masl)

OW-733 9905424.457 200024.429 2106.925

OW-733A 9905410.299 200057.264 2106.945

OW-733B 9905406.772 200093.973 2107.04

OW-732B 9905077.212 200966.623 2162.98575

OW-734B 9905486.741 201562.28 2191.43575

Location of Modular Plants: Well pad 733

Reinjection Wells:

Hot Brine: OW-703

Condensate: OW-R1

Northings

(m)

Eastings

(m)

Elevation

(m.a.sl.)

OW-703 9905175.68 199810.19 2088.65

OW-R1 9905194.45 198610.47 1971.49

Package 2

Production Wells:

Northings

(m)

Eastings

(m)

Elevation

(m.a.sl.)

OW-40A 9903426.073 201652.172 2043.7265

OW-40V 9903405.937 201621.933 2043.54725

OW-50A 9902895.966 201292.172 2053.68125

OW-50B 9902912.673 201316.2367 2053.552

Location of Modular Plants: Well pad R5

Reinjection Wells:

Hot Brine: OW-718

Condensate: OW-R5

Northings

(m)

Eastings

(m)

Elevation

(m.a.sl.)

OW-718 9903543.368 199829.493 2073.499

OW-R5 9901375.629 204790.4972 1984.134

76

WELL DISCHARGE CHARACTERISTICS

PACKAGE 1 OW-733

OW-733 DISCHARGE AND WELL MONITORING

DATE PIPE WHP (Bars) Mass (t/hr) Enthalpy Kj/Kg

Brine (t/hr) Steam (t/hr)

Discharging on 8" lip pressure pipe

4-Feb-12 8" 4.70 93.90 1706.37 40.30 47.40

5-Feb-12 8" 4.25 93.20 1715.88 39.60 47.60

10-Mar-12 8" 3.90 97.40 1652.96 44.00 46.70

11-Mar-12 8" 3.70 95.60 1678.12 42.30 47.10

12-Mar-12 8" 3.56 93.60 1711.11 39.90 47.60

13-Mar-12 8" 3.35 92.80 1723.67 39.10 47.80

14-Mar-12 8" 3.21 90.10 1772.47 36.00 48.30

15-Mar-12 8" 4.87 60.90 1347.00 35.80 20.40

16-Mar-12 8" 4.80 59.20 1382.00 34.00 20.80

17-Mar-12 8" 4.73 57.60 1417.00 32.10 21.20

18-Mar-12 8" 4.68 56.60 1440.00 31.00 21.50

8" 4.71 57.10 1428.50 31.55 21.35

Discharging on 6" lip pressure pipe

21-Mar-12 6" 6.18 59.70 1459.00 32.10 23.20

22-Mar-12 6" 6.10 59.10 1559.00 29.20 25.80

23-Mar-12 6" 6.10 59.50 1522.00 30.40 24.90

24-Mar-12 6" 6.10 56.01 1606.00 26.51 25.67

25-Mar-12 6" 5.83 56.49 1594.00 27.04 25.56

26-Mar-12 6" 5.63 57.00 1582.00 27.60 25.50

27-Mar-12 6" 5.42 49.80 1473.00 26.50 19.70

28-Mar-12 6" 5.42 48.80 1499.00 25.50 19.90

29-Mar-12 6" 5.42 46.60 1564.00 23.00 20.40

Discharging on 5" lip pressure pipe

30-Mar-12 5" 7.01 57.40 1633.00 26.50 27.00

31-Mar-12 5" 6.87 59.90 1573.00 29.20 26.50

1-Apr-12 5" 7.01 53.00 1758.00 21.50 28.10

2-Apr-12 5" 7.01 54.30 1720.00 23.00 27.80

3-Apr-12

4-Apr-12 5" 6.87 52.00 1741.00 21.50 27.20

5-Apr-12 5" 6.87 59.90 1573.00 29.20 26.50

Discharging on 4" lip pressure pipe

6-Apr-12

7-Apr-12

77

8-Apr-12 4" 10.45 51.70 1630.00 23.90 24.30

9-Apr-12

10-Apr-12 4" 10.59 50.90 1656.00 23.00 24.50

11-Apr-12 4" 10.59 52.30 1643.00 23.90 24.90

12-Apr-12 4" 8.87 33.90 2132.00 8.20 24.00

13-Apr-12 4" 10.59 52.30 1643.00 23.90 24.90

14-Apr-12 4" 9.07 35.00 2115.00 8.70 24.50

15-Apr-12 4" 10.45 51.70 1631.00 23.90 24.30

16-Apr-12 4" 9.90 37.30 1756.00 15.20 19.70

17-Apr-12 4" 10.45 51.50 1668.00 23.00 25.10

18-Apr-12 4" 11.14 49.80 1840.00 18.40 28.30

19-Apr-12 4" 10.45 52.30 1642.00 23.90 24.90

20-Apr-12

21-Apr-12 4" 10.59 48.10 1772.00 19.30 25.80

25-Apr-12 4" 10.60 46.60 1825.00 17.60 26.20

27-Apr-12 4" 9.50 41.60 1951.00 13.40 25.90

28-Apr-12 4" 10.45 53.20 1617.00 25.00 24.70

29-Apr-12 4" 10.31 45.00 1816.00 17.10 25.10

30-Apr-12 4" 10.31 42.20 1998.00 12.70 27.20

1-May-12 4" 10.38 45.90 1851.00 16.70 26.30

2-May-12 4" 8.52 29.00 2505.00 2.20 25.70

3-May-12 4" 10.32 42.50 1984.00 13.00 27.10

4-May-12 4" 10.45 43.10 1958.00 13.70 26.90

5-May-12 4" 10.94 42.50 2122.00 10.40 29.90

6-May-12 4" 10.25 41.60 1988.00 12.70 26.60

7-May-12 4" 7.21 25.50 2538.00 1.54 22.90

8-May-12 4" 10.11 41.00 2050.00 11.30 27.40

9-May-12 4" 10.66 45.50 1864.00 16.30 26.40

10-May-12 4" 9.42 36.90 2056.00 10.10 24.80

13-May-12 4" 9.01 29.60 2460.00 2.80 25.60

14-May-12 4" 10.11 40.10 2018.00 11.70 26.20

15-May-12 4" 11.35 46.80 1978.00 14.40 29.70

16-May-12 4" 10.25 36.90 2056.00 10.10 24.80

17-May-12 4" 10.25 38.30 1988.00 11.70 24.50

18-May-12 4" 6.18 25.70 1911.00 8.70 15.50

19-May-12 4" 8.18 27.10 2503.00 2.10 24.00

19-May-12 PC CHANGED TO 3´´ 12:00 HRS

20-May-12 3" 5.49 13.70 1535.00 6.90 5.80

21-May-12 3" 6.45 20.30 1583.00 9.80 9.10

22-May-12 3" 15.62 43.80 2005.00 13.00 28.40

23-May-12 3" 5.83 18.20 1597.00 8.70 8.30

24-May-12 3" 16.31 42.10 1978.00 13.00 26.70

25-May-12 3" 15.83 40.70 1935.00 13.40 25.00

25-May-12 PC CHANGED TO 8´´ X 1 11:00 HRS

25-May-12 8" 4.80 51.70 2271.00 9.20 40.00

26-May-12 8" 4.50 45.10 2240.00 8.70 34.20

78

27-May-12 8" 3.97 43.30 2221.00 8.70 32.40

28-May-12 8" 4.39 49.40 2015.00 14.40 32.20

29-May-12 8" 4.04 42.60 2139.00 10.10 30.30

OW-733A

OW-733A DISCHARGE AND WELL MONITORING

DATE PIPE WHP (Bars) Mass (t/hr) Enthalpy (Kj/Kg)

Brine (t/hr) Steam (t/hr)

Discharging on 8" lip pressure pipe

10/3/2012 8" 6.7 99.6 2483 9.2 86.3

10/3/2012 8" 6.7 99.3 2416 11.4 83.6

11/3/2012 8" 6.2 96.6 2273 17.2 74.8

12/03/2012 8" 6.0 94.0 2126 22.8 65.8

13/03/2012 8" 6.0 92.2 2054 25.4 61.9

14/03/2012 8" 6.0 92.2 2054 25.4 61.9

15/03/2012 8" 6.0 96.6 1987 30.1 61.0

Discharging on 6" lip pressure pipe

16/03/2012 6" 6.8 100.7 2073 26.9 68.1

17/03/2012 6" 6.8 97.4 2120 23.9 68.4

23-Apr-12 6" 7.69 2602.20 110.07 3.52 102.38

24-Apr-12 6" 7.07 2546.93 100.05 5.64 90.45

26-Apr-12 6" 6.80 2386.65 98.50 12.60 81.50

27-Apr-12 6" 6.80 2275.07 101.30 17.90 78.60

28-Apr-12 6" 6.80 2234.21 104.20 20.40 78.70

29-Apr-12 6" 6.80 2237.40 101.60 19.70 77.00

4/30/2012 6" 6.8 2040 54 15.2 35.8

2224 50.7 10.1 38.1

5/1/2012 6" 6.8 2099 52.3 13.4 36.2

2169 52.2 11.7 37.8

5/2/2012 6" 6.8 2156 50.8 11.7 36.5

2224 50.7 10.1 38.1

Discharging on 5'' pc pipe x 2

5/2/2012 5" 8.45 2092 51.7 13.4 35.6

2181 56.4 12.3 41.2

2138 108.1 25.7 76.8

5/3/2012 5" 8.45 2102 52.6 13.4 36.5

2149 57.3 13.4 41

2145 109.9 26.8 77.5

79

5/4/2012 5" 8.45 2044 54.3 15.2 36.1

2149 57.3 13.4 41

2129 111.6 28.6 77.1

5/5/2012 5" 8.45 1973 56.5 17.6 35.7

2149 57.3 13.4 41

2119 113.8 31 76.7

Discharging on 4'' pc pipe x 2

5/5/2012 4" 11.56 1948 57.1 18.4 35.4

2088 54.1 14.1 37.1

5/6/2012 4" 11.63 1987 56.3 17.2 36

2139 53.4 12.7 38

5/7/2012 4" 11.63 2046 54.5 15.2 36.4

2151 53.1 12.3 38

5/8/2012 4" 11.63 2058 54.2 14.8 36.4

2128 53.7 13 37.9

Discharging on 3'' pc pipe x 2

5/8/2012 3" 17.9 1992 44.2 13.4 28.3

2084 49.7 13 34

5/9/2012 3" 18.38 2028 44.2 12.7 29.1

2084 51 13.4 34.9

5/10/2012 3" 18.52 2026 45.2 13 29.7

2084 51 13.4 34.9

5/13/2012 3" 18.59 1975 46.5 14.4 29.4

2092 51.7 13.4 35.6

5/14/2012 3" 18.59 2038 44.9 12.7 29.8

2103 51.4 13 35.6

Discharging on 8'' pc pipe x 2

5/14/2012 8" 5.76 2080 54.8 14.4 37.4

2071 47.3 12.7 32.1

5/15/2012 8" 5.76 2044 54.3 15.2 36.1

2043 46.4 13 30.9

5/16/2012 8" 5.76 2030 53.1 15.2 35

2030 46.7 13.4 30.8

80

5/17/2012 8" 5.76 2089 51.5 13.4 35.3

2030 46.7 13.4 30.8

5/18/2012 8" 5.76 2053 52.4 14.4 35.1

2042 46.4 13 30.9

OW-733B

OW-733B DISCHARGE AND WELL MONITORING

DATE PIPE WHP (Bars) Mass (t/hr) Enthalpy (Kj/Kg)

Brine (t/hr) Steam (t/hr)

Discharging on 8" lip pressure pipe

9/28/2013 8" 5.97 66.2 1249 41.8 19.1

76.1 1101 53.1 16.6

9/28/2013 8" 5.63 76.1 1101 53.1 16.6

79.7 1056 57.2 15.7

9/29/2013 8" 4.94 66.2 1249 41.8 19.1

72.6 1148 49.1 17.5

9/30/2013 8" 5.07 76.8 1092 53.9 16.4

63.2 1303 38.4 19.9

10/1/2013 8" 4.59 63.2 1303 38.4 19.9

52.6 1538 26.5 22.4

10/1/2013 14:30 HRS SHUT-IN POND BREAKS

10/29/2013 REOPENED AFTER POND REPAIRS

10/30/2013 8" 5.28 48.2 1667 21.5 23.4

63.2 1303 38.4 19.9

11/1/2013 8" 4.66 48.2 1667 21.5 23.4

46.1 1733 19.3 23.9

11/2/2013 8" 4.25 47.4 1693 20.6 23.6

46.1 1733 19.3 23.9

11/3/2013 8" 4.18 45.4 1760 18.4 24.1

39.3 2005 11.7 25.4

11/4/2013 8" 3.9 37.9 2073 10.1 25.7

39.3 2005 11.7 25.4

11/5/2013 8" 3.9 51.7 1563 25.5 22.6

40.2 1964 12.7 25.2

11/6/2013 8" 3.7 48.6 1653 22 23.3

39.3 2005 11.7 25.4

11/6/2013 AT 11:00 HRS BLANKED ONE SIDE 8'' X 1

11/7/2013 8" 5.42 76.2 1595 36.5 34.5

11/7/2013 AT 12:00 HRS PC CHANGED TO 6'' X 2

11/7/2013 6" 4.25 35.6 1397 20.1 12.8

27.2 1835 10.1 15.4

11/8/2013 6" 4.25 34.8 1426 19.3 13

26.7 1868 9.5 15.5

11/9/2013 6" 4.52 39.8 1317 23.9 12.8

81

30.9 1701 13.3 15.6

11/10/2013 6" 4.52 38.9 1344 23 13

29.1 1772 11.7 15.6

11/11/2013 6" 4.11 32.8 1524 16.7 13.8

25.4 1926 8.4 15.5

11/12/2013 6" 4.32 37.9 1337 22.5 12.5

28 1786 11 15.2

11/12/2013 AT 12:00 HRS PC CHANGED TO 5'' X 2

11/12/2013 5" 5.42 44.2 1503 23 18.1

37 1962 11.7 23.2

11/13/2013 5" 5.01 37.3 1687 16.3 18.5

32.6 2128 7.9 23

11/14/2013 5" 5.35 44.2 1503 23 18.1

36 1944 11.7 22.2

11/15/2013 5" 5.14 44.2 1503 23 18.1

35.4 1972 11 22.4

11/16/2013 5" 5.28 41.5 1531 21.1 17.6

35.1 1987 10.7 22.4

11/17/2013 5" 5.07 40 1587 19.3 17.9

32.9 2040 9.2 21.8

11/19/2013 5" 4.8 35.3 1775 14.1 19

29.9 2222 6 22.4

11/20/2013 5" 4.87 35.6 1760 14.4 18.9

29.7 2235 5.8 22.5

11/21/2013 5" 4.87 35.6 1760 14.4 18.9

29.7 2235 5.8 22.5

11/22/2013 AT 11:00 HRS PC CHANGED TO 4'' X 2

11/22/2013 4" 7 33.9 1737 14.1 17.6

31.4 2195 6.8 23.1

11/23/2013 4" 7.42 39.2 1639 18 18.6

35.4 2010 10.4 23

11/24/2013 4" 7.42 39.9 1611 18.8 18.4

35.4 2010 10.4 23

11/25/2013 4" 7.56 37.6 1741 15.6 19.6

33.2 2172 7.4 24.1

11/28/2013 4" 6.87 32.9 1919 11 20

30 2286 5.2 23.4

11/29/2013 4" 6.8 31.4 1905 10.7 18.9

28.4 2352 4.1 23

11/30/2013 4" 6.8 32.3 1860 11.7 18.7

29.4 2278 5.2 22.8

12/1/2013 4" 6.8 32.3 1860 11.7 18.7

29.2 2290 5 22.9

12/2/2013 4" 7.56 42.1 1571 20.6 18.6

37.1 1965 11.7 23.3

12/3/2013 4" 6.8 31.7 1890 11 18.8

29.2 2290 4.97 22.9

12/5/2013 4" 6.8 31.7 1890 11 18.8

82

29.2 2290 4.97 22.9

12/6/2013 4" 6.8 31.7 1890 11 18.8

29.2 2290 4.97 22.9

60.9 2081.79 15.97 41.7

12/6/2013 PC CHANGED TO 3'' X 2

12/7/2013 3" 11.14 35 2033 10.1 23

31.2 2301 5.2 24.6

12/8/2013 3" 11.83 32.9 2168 7.4 23.8

34.1 2099 8.7 23.6

12/9/2013 3" 11.35 36.8 1959 11.7 23

30.5 2321 4.8 24.3

12/10/2013 3" 11.83 41.3 1761 16.7 22

35.4 2030 10.1 23.3

12/11/2013 3" 11.62 39.2 1802 15.2 21.6

33.4 2088 8.7 22.9

12/12/2013 3" 11.62 44.1 1621 20.6 20.5

34 2080 9 23.2

12/13/2013 3" 11.62 40.3 1782 15.9 21.8

33.7 2094 8.7 23.2

12/14/2013 3" 11.62 33.7 2094 8.7 23.2

39.6 1810 15.2 22

12/15/2013 3" 11.62 39.2 1802 15.2 21.6

33.4 2088 8.7 22.9

12/17/2013 PC CHANGED TO 8'' X 2

12/17/2013 8" 3.7 46.1 1733 19.3 23.9

37.1 2112 9.2 25.9

12/18/2013 8" 3.21 37.9 2072 10.1 25.7

33.4 2325 5.2 26.7

12/19/2013 8" 3.14 38.2 2059 10.4 25.7

32.8 2359 4.6 26.8

12/20/2013 8" 3.42 43.5 1828 16.3 24.5

34.3 2266 6.2 26.5

12/21/2013 8" 3.7 46.9 1706 20.1 23.7

36.1 2165 8.2 26.1

12/22/2013 BLANKED ONE SIDE AT 10:00 HRS

12/22/2013 8" 4.52 61.3 1965 19.3 38.5

12/23/2013 8" 4.94 68.7 1838 25.5 39.1

12/24/2013 8" 5.07 72.1 1760 29.2 38.3

OW-732B

OW-732B DISCHARGE AND WELL MONITORING

DATE PIPE WHP (Bars) Mass (t/hr) Enthalpy Kj/Kg Brine (t/hr)

Steam (t/hr)

8'' lip pressure pipe changed at 1600hrs

4/24/2013 8" 2.4 137.4 1208 89.3 37.0

4/25/2013 8" 2.4 145.9 1143 99.0 34.8

83

4/26/2013 8" 2.3 143.2 1162 97.6 35.1

4/27/2013 8" 2.3 137.6 1206 89.5 36.9

4/28/2013 8" 2.3 137.6 1206 89.5 36.9

4/29/2013 8" 2.3 131.2 1259 82.2 38.5

4/30/2013 8" 4.9 144.6 1153 97.5 35.2

5/1/2013 8" 5.3 181.4 938 139.6 25.7

5/2/2013 8" 2.9 66.2 1249 41.8 19.1

5/3/2013 8" 2.3 66.2 1249 41.8 19.1

5/4/2013 8" 3.8 72.6 1148 49.1 17.5

5/5/2013 8" 2.7 153.6 1091 107.8 32.9

6'' lip pressure pipe changed at 1600hrs

5/6/2013 6" 2.3 152.9 1095 107.0 33.1

5/7/2013 6" 5.5 156.6 902 123.0 19.5

5/8/2013 6" 5.5 172.9 854 139.5 17.6

5/9/2013 6" 4.5 156.8 775 132.0 10.1

5/10/2013 6" 6.7 172.2 1004 127.5 29.7

5/11/2013 6" 6.2 167.6 958 127.5 25.3

5/12/2013 6" 7.1 178.3 1062 127.5 35.7

5/14/2013 6" 5.8 175.0 913 136.7 22.7

5'' lip pressure pipe changed at 1600hrs

5/16/2013 5" 8.0 173.0 1024 126.6 31.6

5/17/2013 5" 7.1 141.5 1033 103.1 26.4

5/18/2013 5" 6.0 160.2 875 127.8 17.9

5/19/2013 5" 6.6 152.7 982 114.6 24.8

5/21/2013 5" 8.0 168.5 1080 143.0 35.1

4'' lip pressure pipe changed at 1600hrs

5/22/2013 4" 8.2 156.3 948 119.6 22.9

5/24/2013 4" 9.7 161.1 1037 119.7 31.2

5/25/2013 4" 10.0 167.2 1074 118.7 36.4

5/26/2013 4" 10.0 166.6 1077 117.9 34.6

5/27/2013 4" 10.0 168.0 1069 119.6 34.2

5/31/2013 4" 10.0 167.2 1074 118.7 34.4

6/1/2013 4" 10.0 169.4 1060 121.2 33.8

6/2/2013 4" 10.0 169.6 1060 121.2 33.8

6/3/2013 4" 10.0 169.6 1060 121.2 33.8

6/4/2013 4" 10.0 169.6 1060 121.2 33.8

6/5/2013 4" 10.0 169.6 1060 121.2 33.8

6/6/2013 4" 10.0 169.6 1060 121.2 33.8

6/7/2013 4" 10.0 169.6 1060 121.2 33.8

6/8/2013 4" 10.0 169.6 1060 121.2 33.8

6/9/2013 4" 10.0 169.6 1060 121.2 33.8

6/10/2013 4" 10.0 169.6 1060 121.2 33.8

3'' lip pressure pipe changed at 1600hrs 1000hrs

6/12/2013 3" 14.6 153.4 1113 106.2 34.4

6/13/2013 3" 14.6 155.5 1099 108.6 33.9

6/15/2013 3" 14.6 140 1176 93 35.6

6/16/2013 3" 14.6 149.5 1133 102.2 35

6/17/2013 3" 14.5 155.1 1095 108.5 33.4

84

6/18/2013 Changed to 8'' at 1000hrs

6/18/2013 8" 14.6 155.1 1095 108.6 33.6

6/18/2013 Blanked one side at 1400hrs

6/18/2013 8" 7.0 186.8 1102 130.2 49

6/20/2013 8" 6.45 181.8 1034 132.1 34

6/21/2013 8" 6.45 181.8 1034 132.1 34

6/22/2013 8" 6.45 181.8 1034 132.1 34

6/23/2013 8" 6.45 181.8 1034 132.1 34

OW-734B

OW-734B DISCHARGE AND WELL MONITORING

DATE PIPE WHP (Bars) Mass (t/hr) Enthalpy Kj/Kg Brine (t/hr)

Steam (t/hr)

29.4.2016 8'' 4.94 50.3 1601 23.9 22.9

57.6 1416 32.1 21.2

30.4.2016 6'' 5.76 45.4 1717 19.3 23.2

48.2 1554 23.9 20.9

1.5.2016 6'' 5.76 49.6 1585 23.9 22.2

61.0 1254 38.4 17.8

2.5.2016 6'' 5.76 49.6 1585 23.9 22.2

61.0 1254 38.4 17.8

4.5.2016 6'' 5.63 49.6 1585 23.9 22.2

44.0 1687 19.3 21.9

5.5.2016 6'' 5.70 49.6 1585 23.9 22.2

50.5 1490 26.5 20.4

5.5.2016 Shut-in. Pond breaks due to heavy rainfall.

11.5.2016 5'' 1.97 23.6 1432 13.0 8.8

26.6 1286 16.3 8.1

12.5.2016 5'' 1.83 23.6 1432 13.0 8.9

25.5 1333 15.2 8.4

13.5.2016 5'' 1.77 23.6 1432 13.0 8.9

26.2 1301 16.0 8.2

14.5.2016 6'' 5.83 65.6 1284 40.4 20

65.4 1232 41.8 18.4

15.5.2016 6'' 5.83 65.6 1284 40.4 20

66.7 1212 43.2 18.1

85

17.5.2016 6'' 5.63 58.2 1310 35.2 18.5

64.0 1201 41.8 17.0

18.5.2016 6'' 5.63 58.2 1310 35.2 18.5

64 1201 41.8 17

19.5.2016 6'' 5.63 56.9 1400 32.1 20.8

61 1254 38.4 17.8

20.5.2016 6'' 5.63 56.9 1400 32.1 20.8

61 1254 38.4 17.8

21.5.2016 6'' 5.63 56.9 1400 32.1 20.8

61 1254 38.4 17.8

22.5.2016 6'' 5.63 56.9 1400 32.1 20.8

61 1254 38.4 17.8

23.5.2016 6' 5.63 56.9 1400 32.1 20.8

61 1254 38.4 17.8

24.5.2016 6'' 5.63 56.9 1400 32.1 20.8

61 1254 38.4 17.8

25.5.2016 6'' 5.63 55.8 1424 31 20.7

61.6 1244 39.1 17.6

26.5.2016 6'' 5.63 56.4 1412 31.6 20.6

59.9 1276 37.1 18.1

27.5.2016 6'' 5.63 56.9 1400 32.1 20.5

58.2 1310 35.2 18.5

28.5.2016 6'' 5.63 56.9 1400 32.1 20.5

58.2 1310 35.2 18.5

29.5.2016 6'' 5.63 56.9 1400 32.1 20.5

58.2 1310 35.2 18.5

31.5.2016 6'' 5.63 56.9 1400 32.1 20.5

58.2 1310 35.2 18.5

1.6.2016 6'' 5.63 56.9 1400 32.1 20.5

61.0 1254 38.4 17.8

2.6.2016 6'' 5.63 59.6 1342 35.2 19.8

61.0 1254 38.4 17.9

86

3.6.2016 6'' 5.63 56.9 1400 32.1 20.5

58.2 1310 35.2 18.5

4.6.2016 6'' 5.63 56.9 1400 32.1 20.5

58.2 1310 35.2 18.5

5.6.2016 6'' 6.18 59.6 1342 35.2 19.8

64.0 1201 41.8 17.0

6.6.2016 6'' 5.49 55.5 1368 32.1 19.1

59.6 1221 38.4 16.4

7.6.2016 6'' 5.49 55.5 1368 32.1 19.1

59.6 1221 38.4 16.4

8.6.2016 8'' 6.66 108.4 1204 70.7 29.0

9.6.2016 8'' 6.66 108.4 1204 70.7 29.0

10.6.2016 8'' 6.66 108.4 1204 70.7 29.0

11.6.2016 8'' 6.66 108.4 1204 70.7 29.0

12.6.2016 8'' 6.73 110.8 1236 70.7 31.3

13.6.2016 8'' 6.66 111.5 1283 68.8 34

14.6.2016 8'' 6.52 106.7 1279 66.0 32.3

15.6.2016 8'' 6.59 104.3 1248 66.0 30

16.6.2016 8'' 6.66 103.6 1136 70.7 24.4

17.6.2016 8'' 6.59 106.7 1279 66.0 32.3

18.6.2016 8'' 6.59 105.9 1230 67.8 29.6

19.6.2016 8'' 6.59 105.9 1230 67.8 29.6

20.6.2016 8'' 6.59 105.9 1230 67.8 29.6

21.6.2016 8'' 6.59 105.9 1230 67.8 29.6

22.6.2016 8'' 6.52 104.3 1247 66.0 30.1

23.6.2016 8'' 6.52 104.3 1247 66.0 30.1

87

24.6.2016 8'' 6.52 104.3 1247 66.0 30.1

25.6.2016 8'' 6.52 104.3 1247 66.0 30.1

26.6.2016 8'' 6.52 104.3 1247 66.0 30.1

27.6.2016 8'' 6.52 108.4 1204 70.7 29.0

28.6.2016 On vertical for repairs on silencer and torn gasket and subsequently change of pc pipe to 5''.

29.6.2016 On vertical for repairs on silencer and torn gasket and subsequently change of pc pipe to 5''

1.7.2016 diverted to silencer thro 6'' after repairs

1.7.2016 6'' 1.42 20.4 2245 3.9 15.5

2.7.2016 6'' 1.01 18.1 2511 1.30 16.0

3.7.2016 6'' 1.49 26.1 1800 10.1 14.3

4.7.2016 6'' 1.63 30.6 1558 15.2 13.3

5.7.2016 6'' 1.56 30.6 1556 15.2 13.3

6.7.2016 6'' 1.63 30.6 1556 15.2 13.3

7.7.2016 pc pipe changed to 5''(fork)

7.7.2016 5'' 1.42 19.7 1682 8.7 9.8

21.0 1590 10.1 9.5

8.7.2016 5'' 1.35 20.3 1645 9.2 9.6

21.0 1590 10.1 9.5

9.7.2016 5'' 1.35 21.0 1590 10.1 9.5

21.0 1590 10.1 9.5

10.7.2016 5'' 1.35 19.8 1682 8.7 9.8

19.8 1682 8.7 9.8

11.7.2016 5'' 1.35 20.3 1645 9.2 9.6

20.3 1645 9.2 9.6

12.7.2016 pc pipe changed to 6'' fork. Diverted 15:00hrs 13.7.2016

13.7.2016 6'' 1.08 23.6 1968 7.4 14.9

24.3 1918 8.2 14.7

88

PACKAGE 2 OW-40A

OW-40A DISCHARGE AND WELL MONITORING

Date PIPE WHP (bar)

Mass (t/hr) Enthalpy (kJ/kg) Water (t/hr)

Steam (t/hr)

8"*1 lip pipe

02/03/2016 8" 39.1 124.4 2144 29.2 88.7

03/03/2016 8" 11.5 168.9 1793.2 66 92.3

04/03/2016 8" 11.6 168.4 1662.7 75.5 81.6

05/03/2016 8" 12.9 168.4 1594.7 80.6 76.2

06/03/2016 8" 12.6 157.2 1660.6 70.7 76.1

07/03/2016 Shut-in since its pond was full

Well compressed thrice to 530Psi

09/16/16 8" 13.4 165 2103 41.8 114.4

OW-40V

OW-40V DISCHARGE AND WELL MONITORING

Date PIPE WHP (bar)

Mass (t/hr) Enthalpy (kJ/kg) Brine(t/hr) Steam (t/hr)

29.4.2016 8'' 3.56 107.3 925 83.2 14.5

14.5.2016 8'' 3.70 59.9 1572 29.3 26.5

15.5.2016 8'' 3.97 110.2 961 83.7 16.8

17.5.2016 8'' 4.25 107.9 1096 75.5 23.3

18.5.2016 8'' 4.32 107.3 1044 77.5 20.5

19.5.2016 8'' 4.32 107.3 1044 77.5 20.5

20.5.2016

21.5.2016 8'' 4.59 109.9 1021 80.6 19.8

22.5.2016 8'' 4.59 108.1 103.6 78.5 20.3

23.5.2016 8''

25.5.2016 6'' 5.63 91.1 1152 61.5 22.1

89

26.5.2016 6'' 5.76 96.4 1131 66 22.5

27.5.2016 6'' 5.97 100.6 1089 70.7 21.4

28.5.2016 6'' 5.83 100.6 1089 70.7 21.4

29.5.2016 6'' 5.97 97.8 1153 66.0 23.8

31.5.2016 6'' 6.04 97.8 1153 66.0 23.8

1.6.2016 6'' 6.18 103.9 1160 69.7 25.6

2.6.2016 6'' 6.18 1190 996 88.6 20.1

3.6.2016 6'' 6.25 99.2 1174 66.0 25.1

4.6.2016 6'' 6.25 99.2 1174 66.0 25.1

5.6.2016 6'' 6.39 100.6 1195 66.0 26.5

6.6.2016 6'' 6.38 104 1193 68.3 27.3

7.6.2016 6'' 6.38 117.1 1072 83.2 24

8.6.2016 6'' 6.38 114.8 109.1 80.6 24.6

9.6.2016 6'' 6.52 119.4 1053 85.9 23.4

10.6.2016 6'' 6.52 119.4 1053 85.9 23.4

11.6.2016 6'' 6.52 119.4 1053 85.9 23.4

12.6.2016 6'' 6.52 119.4 1053 85.9 23.4

13.6.2016 6'' 6.59 119.4 1053 85.9 23.4

14.6.2016 6'' 6.80 120.8 1071 85.9 24.7

15.6.2016 6'' 6.59 120.8 1071 85.9 24.7

16.6.2016 6'' 6.66 1227 1056 88.0 24.2

90

17.6.2016 6'' 6.59 125.6 1034 91.3 23.5

18.6.2016 6'' 6.66 122.7 1056 88.0 24.2

19.6.2016 6'' 6.59 91.3 1034 91.3 23.5

20.6.2016 6'' 6.59 125.6 1034 91.3 23.5

21.6.2016 6'' 6.04 120.8 1071 85.9 24.7

22.6.2016 6'' 6.80 119 1087 83.7 25.2

23.6.2016 5'' 7.40 100.7 1093 70.7 21.6

24.6.2016 5'' 7.40 101.7 1108 70.7 22.6

25.6.2016 5'' 7.56 104.3 1083 73.6 21.9

26.6.2016 5'' 7.50 105.9 1067 75.5 21.5

27.6.2016 5'' 7.50 105.0 1052 75.5 20.5

28.6.2016 5'' 7.56 109.5 1014 80.6 19.4

29.6.2016 5'' 7.56 109.5 1014 80.6 19.4

30.6.2016 5'' 7.63 108.6 1044 78.5 20.8

1.7.2016 5'' 7.56 108.2 1047 78 20.9

1.7.2016 pc pipe changed to 4''

2.7.2016 4'' 8.14 81.5 1032 59.3 15.1

3.7.2016 4'' 8.25 80.5 1072 57.2 16.5

4.7.2016 4'' 8.66 74.1 1178 49.2 18.9

5.7.2016 4'' 8.38 72.9 1153 49.2 17.7

6.7.2016 4'' 8.38 73.5 1165 49.2 18.3

91

7.7.2016 4'' 8.38 74.1 1156 49.9 18.1

8.7.2016 4'' 8.38 73.5 1165 49.2 18.3

9.7.2016 4'' 8.38 75.5 1136 51.5 17.8

10.7.2016 4'' 8.45 74.7 1190 49.2 19.5

11.7.2016 4'' 7.56 95.9 779 80.6 6.3

12.7.2016 4'' 8.52 81.8 1096 57.2 17.7

13.7.2016 4'' 8.52 81.8 1096 57.2 17.7

14.7.2016 4'' 8.52 81.8 1096 57.2 17.7

15.7.2016 4'' 8.59 81.4 1100 56.8 17.8

16.7.2016 4'' 8.59 78.1 1142 53.1 18.6

17.7.2016 4'' 8.59 81.4 1100 56.8 17.8

18.7.2016 4'' 8.66 74.1 1177 49.2 18.9

19.7.2016 4'' 8.59 74.1 1178 49.2 18.9

20.7.2016 4'' 8.59 73.5 1165 49.2 18.3

21.7.2016 4'' 8.66 73.6 1227 47.3 20.5

23.7.2016 4'' 8.66 77.5 1130 53.1 18

24.7.2016 4'' 8.73 81.1 1084 57.2 17.1

24.7.2016 pc pipe changed to 3''

25.7.2016 3'' 8.73 45.3 1245 28.7 13.0

26.7.2016 3'' 8.80 47.2 1277 29.3 14.3

27.7.2016 3'' 8.80 53.4 1107 37.1 11.8

92

28.7.2016 3'' 9.01 47.6 1287 29.3 14.6

29.7.2016 3'' 8.94 47.2 1277 29.3 14.3

30.7.2016 3'' 8.94 46.9 1266 29.3 13.9

31.7.2016 3'' 8.94 46.5 1255 29.3 13.6

1.8.2016 3'' 9.07 51.2 1258 32.1 15.0

2.8.2016 3'' 9.07 51.2 1258 32.1 15.0

3.8.2016 3'' 9.07 57.4 1165 38.4 14.3

4.8.2016 3'' 9.07 58.2 1120 40.1 13.2

5.8.2016 3'' 9.07 56.0 1126 38.4 12.9

6.8.2016 3'' 9.21 56.4 1136 38.4 13.3

7.8.2016 3'' 9.14 54.9 1163 36.8 13.6

8.8.2016 3'' 9.01 49.8 1217 32.1 13.6

9.8.2016 3'' 9.07 52.4 1160 35.2 12.9

10.8.2016 3'' 9.14 49.0 1196 32.1 12.9

11.8.2016 3'' 9.14 49.0 1196 32.1 12.9

12.8.2016 3'' 9.01 49.0 1327 29.3 16.0

13.8.2016 3'' 8.94 49.9 1287 30.7 15.3

14.8.2016 3'' 9.01 47.2 1277 29.3 14.3

15.8.2016 3'' 9.07 52.4 1160 35.2 12.9

16.8.2016 3'' 9.07 52.4 1160 35.2 12.9

16.8.2016 orifice(2'') installed. Pc remains 3''.

16.8.2016 3'' 5.83 10.9 1800 4.2 6.0

93

17.8.2016 10:00 hrs well found dead.

31.08.2016 Compressed to 700 psi and discharged on 8"x1

01.09.2016 8" 3.83 114.8 1090 80.6 24.5

02.09.2016 8" 4.8 115.7 1082 81.6 24.3

03.09.2016 8" 5.01 124.2 1115 85.9 28

04.09.2016 8" 5.14 124.2 1115 85.9 28

05.09.2016 8'' 5.28 119.2 1208 77.5 32.1

05.09.2016 Pc pipe changed to 5''x1

06.09.2016 5'' 7.01 86.1 1175 57.2 21.8

OW-50A

OW-50A DISCHARGE AND WELL MONITORING

DATE PIPE WHP(bar) MASS(t/hr) ENTHALPY BRINE(t/hr) STEAM(t/hr)

Discharging on 8'' x2 lip pipes

19.6.2014 8" 2.66 60.3 1358 35.2 20.6

57.6 1416 32.1 21.2

20.6.2014 8" 4.73 72.6 1148 49.1 17.5

79.7 1055 57.2 15.7

24.6.2014 8" 5.42 80.7 1122 55.5 18.4

85.9 1060 61.5 17.1

25.6.2014 8" 2.66 63.2 1303 38.4 19.9

66.2 1249 41.8 19.1

26.6.2014 8" 4.8 75.4 1110 52.3 16.8

79.7 1055 57.2 15.7

Well shut to allow retention pond repair

2/22/2015 8" 6.5 128.9 1172.3 85.9 32.6

94

2/24/2015 8" 3.6 72.6 1148.2 49.2 17.5

2/25/2015 8" 6.87 111.4 1338.5 66 36.9

OW-50B

OW-50B DISCHARGE AND WELL MONITORING

DATE PIPE WHP(bara) MASS(t/hr) ENTHALPY BRINE(t/hr) STEAM(t/hr)

Discharging on 8'' x2 lip pipes

19.06.2014 8" 4.97 54.1 1500 28.1 22.1

44.2 1800 17.1 24.3

8" 4.59 72.6 1148 49.1 17.5

55.1 1476 29.2 21.8

8" 5.14 64.4 1375 37.1 22.5

52.7 1650 23.9 25.2

20.6.2014 8" 4.04 65 1270 40.4 19.4

52.6 1538 26.5 22.4

Well shut to allow retention pond repair

Discharging on 8'' lip pipe

2/22/2015 8" 5.1 65.7 2576 2.8 60.4

2/24/2015 8" 4.9 67 2534 4.1 60.2

2/25/2015 8" 4.9 64.8 2611 1.8 60.5

2/24/2015 8" 4.9 67 2534.3 4.1 60.2

2/25/2015 8" 4.9 64.8 2761.2 1.8 60.5

6''*2 lip pipe

2/26/2015 6" 5.6 76.3 2540.9 4.6 68.8

2/28/2015 6" 5.8 73.3 2625.1 1.6 69.1

3/1/2015 6" 5.8 73.3 2625.1 1.6 69.1

3/3/2015 6" 5.6 77.5 2547.8 4.4 70

3/4/2015 6" 5.7 78 2489.8 6.5 68.3

3/6/2015 6" 5.6 76 2465.8 7.2 65.6

3/7/2015 6" 5.6 78.1 2486.1 6.6 68.3

3/8/2015 6" 5.6 78.1 2486.1 6.6 68.3

3/9/2015 6" 5.6 78.1 2486.1 6.6 68.3

5''*2 lip pipe

95

3/10/2015 5" 7.1 81.7 2563.3 4.1 74.5

3/11/2015 5" 7.1 80.9 2557.6 4.2 74.5

3/12/2015 5" 7.2 79.8 2559.9 4.1 72.7

3/13/2015 5" 9.8 79.9 2501.9 6.2 70.4

4''*2 lip pipe

3/13/2015 4" 9.8 79.9 2502 6.2 70.4

3/14/2015 4" 10.5 79.2 2555.2 4.2 71.9

3/15/2015 4" 10.5 78.9 2563.7 3.9 71.9

3/16/2105 4" 10.5 78.3 2548 4.5 70.6

3''*2 lip pipe

3/17/2015 3" 15.9 71.7 2513.6 5.2 63.6

3/19/2015 3" 16.7 72.3 2495.5 5.8 63.5

3/21/2015 3" 16.7 73.3 2486.8 6.1 64.2

3/22/2015 3" 16.7 75.6 2399.9 9.4 62.9

3/23/2015 3" 16.7 72.2 2485.3 6.1 63.1

8''*2 lip pipe

3/25/2015 8" 4 73 2437.2 7.6 61.8

96

WELL DISCHARGE CHEMISTRY

Sample Date Ide

ntity

WHP (Bar-g)

SSP (Bar-g)

Enthalpy

(kj/kg)

Massflow (Kg/S)

WeirFlow (kg/s)

LPD (inches

)

Cond (µΩ/cm)

TDS (ppm)

pH @20

OW-733 17-May-12

WS 9.97 5 1859 10.69 3.25 8 2717 1361 10.03

OW-733A 15-May-12

WS 4.4 3.2 2292 16.8 2.8 8 3492 1750 9.81

OW-733B 11-Dec-13

WS 10.5 10.4 2482 14.6 1.2 4*2 2930 1470 9.94

OW-732B 12-May-13

WS 6.93 4.134 1325 19.7 11.6 6 2660 1330 9.37

OW 734B 21-Jan-16

WS 12 6 1301 28 17.08 5*1 743 373 9.04/25

OW 50A 25-Feb-15

WS 6 5 1437 29.4 15.9 8*1 1860 930 9.35

OW 50B 18-Mar-15

WS 15 15 2377 10.3 1.3 3*2 1218 609 9.05

OW 40V 13-Jun-16

WS 12 6 1201 601 9.632

Sample Date Identity

B(ppm)

SO4 (ppm)

Cl(ppm) CO2(ppm)

F(ppm)

H2S (ppm)

SiO2 (ppm)

Ca (ppm)

Li(ppm)

Na (ppm)

K (ppm)

Mg (ppm)

OW-733 17-May-12

WS 3.51 221.1 741.921 182.82

155.91

1.533 577 1.53 2.509 765.6 135.9 0.132

OW-733A 15-May-12

WS 4.134 170.4 748.5456

237.38

180.68

1.567 646 1.372 2.325 828.1 134.5 0.1

OW-733B 11-Dec-13

WS 2.06 30.33 731.55 129.9 72.99 7.4 621 0.123 1.016 469.5 162.3 0

97

OW-732B 12-May-13

WS 2.49 248 351.66 270.01

27.85 7.82 530.5 0.1 1.449 494.7 53 0.006

OW 734B 21-Jan-16

WS 2 83.4 341.21 290.25

29.92 0.949 441 311.11 30.23

OW 50A 25-Feb-15

WS 1.8 78.1 267.74 255.2 67.34 16.79 571 0.2 2.142 567.088

20.634

0.4

OW 50B 18-Mar-15

WS 2.3 187.63 237.43 327.8 42.4 21.76 555 0.2 0.84 369.567

17.2 0.3

OW 40V 13-Jun-16

WS 0.29 96.6 269.98 263.8 93.89 9.384 663 0.2 1.33 494.79 59.74 0.12

Sample Date Identity

CO2 H2S CH4 H2 N2 O2

mmole/100 moles H2O

OW-733 17-May-12

WS 251.4 1.93 0.27 3.71 54.98 0

OW-733A 41044 WS 234 1.54 0.26 4.99 15.51 0

OW-733B 41619 WS 199.4 4.44 0.45 2.98 23.8 0

OW-732B 41406 WS 679 3.58 2.38 0 126.84

0

OW 734B 42390 WS 140.6 2.51 1.43 8.08 25.77 0

OW 50A 42060 WS 443.8 6.88 1.53 13.81 41.5 0

OW 50B 42081 WS 198.8 12.83 0.35 14.09 2.5 0

OW 40V 42534 WS 345.6 2.94 0.07 0 15.25 0

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SECTION VII:

DRAWINGS

List of drawings: 1. General map of Olkaria showing location of the project 2. Detailed map of package 1 sites 3. Detailed map of package 2 sites

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1. General map of Olkaria showing location of the project

100

2 Detailed map of package 1 sites

101

3 Detailed map of package 2 sites

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SECTION VIII:

PRICE SCHEDULES

The priced schedule shall be in the format below

Price schedules

No description unit quantity unit rates total

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SECTION IX:

STANDARD FORMS

A. FORM OF TENDER

NAME OF CONTRACT: TO: The Company Secretary, Legal Affairs Director The Kenya Electricity Generating Company Ltd P.O. Box 47936-00100 Nairobi00100, Kenya We have examined the Conditions of Contract, Employer’s Requirements, Schedules, Technical Specifications, Tender Drawings, the attached Addenda Nos _____________________ for the above-named Works. We have examined, understood and checked these documents and have ascertained that they contain no errors or other defects. We accordingly offer to design, execute and complete the Works and remedy any defects therein, in conformity with this Tender which includes all these documents and the enclosed Proposal, for the lump sum of (in currencies of payment) ______________________________________inclusive of taxes.

We agree to abide by this Tender until _________________ and it shall remain binding upon us and may be accepted at any time before that date.

If this offer is accepted, we will provide the specified Performance Security, commence the Works as soon as is reasonably practicable after the Commencement Date, and complete the Works in accordance with the above-named documents within the Time for Completion. We guarantee that the Works will then conform with the Schedule of Guarantees.

Unless and until a formal Agreement is prepared and executed this Letter of Tender, together with your written acceptance thereof, shall constitute a binding Contract between us.

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

Signature _____________________ in the capacity of ___________________________

duly authorised to sign tenders for and on behalf of ___________________________

Address: _________________________________________________________________________ _________________________________________________________________________

Date: ______________________________

Note: In accordance with Clause 82 of the Public Procurement and Asset Disposal Act 2015

“The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction, adjustment or amendment in any way by any person or entity.

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B. ELIGIBILITY & QUALIFICATION DATA

Tender Questionnaire

Please fill in block letters. 1. Full names of Tenderer ……………………………………………………………………………………… 2. Full address of Tenderer to which tender correspondence is to be sent (unless

an agent has been appointed below) ……………………………………………………………………………………… 3. Telephone number (s) of Tenderer ……………………………………………………………………………………… 4. E-mail and Fax address of Tenderer ……………………………………………………………………………………… 5. Name of Tenderer’s representative to be contacted on matters of the tender

during the tender period ……………………………………………………………………………………… 6. Details of Tenderer’s nominated agent (if any) to receive tender notices. This is

essential if the Tenderer does not have his registered address in Kenya (name, address, telephone, e-mail)

……………………………………………………………………………………… ……………………………………………………………………………………… _________________ Signature of Tenderer Make copy and deliver to: ___________________________ (Name of Employer

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C. CONFIDENTIAL BUSINESS QUESTIONNAIRE You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2(c) and 2(d) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this Form. Part 1 – General Business Name ……………………………………………………………………… Location of business premises; Country/Town………………………. Plot No……………………………………… Street/Road ………………………… Postal Address……………………………… Tel No……………………………….. Nature of Business………………………………………………………………….. Current Trade Licence No…………………… Expiring date………………… Maximum value of business which you can handle at any time: K. pound……………………….. Name of your bankers……………………………………………………………… Branch………………………………………………………………………………… Part 2 (a) – Sole Proprietor Your name in full…………………………………… Age………………………… Nationality………………………………… Country of Origin………………… Citizenship details ………………………………………………………………… Part 2 (b) – Partnership Give details of partners as follows: Name in full Nationality Citizenship Details Shares 1 ……………………………………………………………………………………… 2 ……………………………………………………………………………………… 3 ………………………………………………………………………………………

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Part 2(c) – Registered Company: Private or public ………………………………………………… State the nominal and issued capital of the company- Nominal Ksh……………………………………………………… Issued Kshs………………………………………………………… Give details of all directors as follows: Name in full. Nationality. Citizenship Details*. Shares. 1. ……………………………………………………………………………………………… 2. ……………………………………………………………………………………………… 3. ……………………………………………………………………………………………… 4. ……………………………………………………………………………………………… Part 2(d) – Interest in the Firm: Is there any person/persons in………………………… (Name of Employer) who has interest in this firm? Yes/No …………….. (Delete as necessary) I certify that the above information is correct. ……………………………… ……………………… ……………… (Title) (Signature) (Date) * Attach proof of citizenship

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B3. Details of Subcontractors

Name of Applicant or partner of a Joint Venture/Consortium

The Tenderer shall indicate in this schedule, the proposals for subcontracting elements of the Works together with the names and addresses of the subcontractors he proposes to employ (if any).

A statement of similar works executed by each of the proposed subcontractors shall be provided, which shall include details of the work executed, year of completion, value of the works and the name and address of the client.

Work to be Subcontracted Name and Address of Subcontractor

Similar works previously executed

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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Key Personnel Capabilities

Name of Tenderer

For specific positions essential to Contract implementation, applicants should provide the names of candidates qualified to meet the specified requirements stated for each position set out in Instructions to Tenderers Sub-Clause 13.3 part 2. The data on their experience should be supplied in separate sheets using one Form (B5) for each candidate.

1. Title of position: Name of candidate:

2. Title of position: Name of candidate:

3. Title of position: Name of candidate:

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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CVs of Key Personnel

Name of Tenderer: Position Candidate information 1. Name of candidate

2. Date of birth

3. Professional qualifications

Present employment 4. Name of employer

Address of employer

Telephone Contact (manager/personnel officer)

Fax

E-mail

Job title of candidate

Years with present employer

Summarise professional experience over the last 10 years, in reverse chronological order. Indicate particular technical and managerial experience relevant to the Project.

From To Company/Project/Position/ Relevant technical and management experience

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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Programme of Works

Name of Applicant or partner of a Joint Venture/Consortium

Based on the specified completion periods given under Sub-Clause 1.2 of the Instructions To Tenderers, the Tenderer shall provide a proposed programme of Works in a bar chart form showing the sequence of work and time duration for each activity.

The proposed programme shall include activities such as design, schedule for the drawing submittal, ordering and procurement of materials, manufacturing, fabrication, shop assembly and testing, transportation, erection, site testing and commissioning of the Plant to be supplied under the Contract.

We offer to complete all the works as required under tender within __________calendar days as per the attached schedule.

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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Contractors and Suppliers Quality Assurance Details

Name of Applicant or partner of a Joint Venture/Consortium

The Tenderer shall provide copies of valid certificates issued by competent Quality Assurance Agencies showing that the transformer manufacturer conforms to the Quality System Standard ISO 9001 or its equivalent.

The Tenderer is required to list below the valid certificates submitted with his tender.

Name of Tenderer, subcontractor or supplier

Equipment or service being supplied

ISO 9001 or equivalent certificate provided

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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Deviations from Specifications

Name of Applicant or partner of a Joint Venture/Consortium

Any deviations from the Conditions of Contract or the Technical Specifications shall be clearly indicated in the table below and reasons given.

Clause or

Section No.

Deviation Reason for Deviation

1.Commercial / Contractual Deviations

2. Technical Deviations

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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Drawings and Documentation to be Submitted with Tender

Name of Applicant or partner of a Joint Venture/Consortium

Pursuant to Clause 5of Instructions to Tenderers (ITT), the Tenderer is required to submit drawings, brochures, technical data, type test certificates, etc. for the plant and equipment to be incorporated in the Works, sufficient to demonstrate compliance with the technical specifications. The Tenderer is required to list under each item in the table below, those documents being submitted with the tender. The reference number of the document shall be included so that the document can easily be identified.

Section Description Document Type Document Reference

1.

2.

3.

4.

5.

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………...……… Position in the Firm…………………………………… Date………………………

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Proposed Work Plan & Methodology

The Tenderer shall submit a write up on the proposed work plan and methodology for performing the works covering design, supply, installation commissioning and training (overseas and on site)

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Turn-Over

Name of Applicant or partner of a Joint Venture/Consortium

The Tenderer is requested to complete the information in this form for all individual firms, all partners of a Joint Venture/Consortium and for the turbine and generator suppliers. The information supplied should be the annual turnover of the Tenderer (or each member of a Joint Venture/Consortium), in terms of the amounts billed to clients for each year for work in progress or completed, converted to USDollars at the rate of exchange at the end of the period reported. The annual turnover for each entity should not be less than the turnovers specified in Sub-Clause 13.3part 3 of Instructions To Tenderers (Tender Data Sheet). Use a separated sheet for each partner of a Joint Venture/Consortium and each supplier.

Annual Turnover Data

Year Turnover USD or equivalent

1.

2.

3.

4.

5.

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature……………… Position in the Firm…………………………………… Date………………………

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Particular Experience Record of the Tenderer

Name of Applicant or partner of a Joint Venture/Consortium

The Tenderer or partner of a Joint Venture/Consortium is required to list below the names of at least three (3) Contracts meeting the requirements of Sub-Clause 13.3 part 1 of Instructions to Tenderers (Tender Data Sheet). The detail of each of the listed contracts is to be summarised on Form (B15).

Names of Contracts meeting the specified requirements

Capacity (MW)

Contract Amount (USD or equivalent)

Form B15 Completed (yes/no)

1. 2. 3.

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature……………… Position in the Firm…………………………………… Date………………………

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Details of Contracts of a Similar Nature and Complexity

Name of Applicant or partner of a Joint Venture/Consortium

Use a separate sheet for each Contract.

1. Number of Contract

Name of Contract

Country

2. Name of employer

3. Employer’s address

4. Nature of works and special features relevant to the Contract for which the Tenderer wishes to bid

5. Contract role (check one)

Sole Contractor Subcontractor

Partner in a Joint Venture/Consortium

6. Portion of the total Contract (in specified currencies at completion, or at date of award for current contracts) undertaken by the Tenderer.

7. Equivalent value of item 6 in USD

8. Date of award

9. Date of completion

10 Contract duration (years and months)

______years ______months

11. Specified requirements1

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12. Details of Works meeting qualification criteria

13. Client Certificate confirming two years satisfactory operation attached? (Yes/No).

14. Contact details of a senior person in the client’s organisation, whom can be contacted to verify details of the Client certificate

1Insert any specific criteria required for the execution of the Contract. This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature……………… Position in the Firm…………………………………… Date………………………

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Financial Information

Name of Tenderer or partner of a Joint Venture/Consortium

Pursuant to Sub- Clause 13.3 part 4 of Instructions to Tenderers, the Tenderer, including each of the partners of a Joint Venture/Consortium, and the main suppliers should provide the financial information requested below demonstrating the current soundness of their financial positions and long term profitability as well as evidence of financial resources to meet the Contract cash flow. A separate sheet should be used for each partner of a Joint Venture/Consortium as well as for the principal suppliers. 1. Financial reports for the last three years, balance sheets, profit and loss

statements, certified independent auditors’ reports etc. List them below and attach copies.

........................................................................................................................................................ ........................................................................................................................................................ ........................................................................................................................................................ ........................................................................................................................................................ 2. Evidence of access to lines of credit and availability of other financial resources

sufficient to meet the Contract cash flow over one year, net of the Tenderer’s or supplier’s commitments for other contracts. The cash flow should at least meet the requirements of “Instructions to Tenderers” Clause 2.6. List the documents submitted as evidence and attach copies.

........................................................................................................................................................ ........................................................................................................................................................ ........................................................................................................................................................ ........................................................................................................................................................ 3. Name, address, telephone, e-mail, fax numbers of the Tenderer’s Bankers who

may provide reference if contacted by the Employer. ........................................................................................................................................................ ........................................................................................................................................................ ........................................................................................................................................................ ........................................................................................................................................................ This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature……………..… Position in the Firm…………………………………… Date………………………

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Contractor’s Equipment

Name of Tenderer or partner of a Joint Venture/Consortium

The Tenderer should fill in major items of Contractor’s equipment proposed for carrying out the Works.

Item of Equipment

Description, Make and Age(years)

Condition(new, good, poor) and Number available

Owned, Leased (from whom?), or to be purchased (from whom?)

121

C. INTEGRITY DECLARATION

UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT AND

COMPLIANCE PROGRAMME

1. Each Tenderer must submit a statement, as part of the Tender documents, in either of the two given formats which must be signed personally by the Chief Executive Officer or other appropriate senior corporate officer of the Tendering company and, where relevant, of its subsidiary in the Kenya. If a Tender is submitted by a subsidiary, a statement to this effect will also be required of the parent company, signed by its Chief Executive Officer or other appropriate senior corporate officer.

2. Tenderers will also be required to submit similar No-bribery commitments from their

subcontractors and consortium partners; the Tenderer may cover the subcontractors and consortium partners in its own statement, provided the Tenderer assumes full responsibility.

3.

a) Payment to agents and other third parties shall be limited to appropriate compensation for legitimate services.

b) Each Tenderer will make full disclosure in the Tender documentation of the

beneficiaries and amounts of all payments made, or intended to be made, to agents or other third parties (including political parties or electoral candidates) relating to the Tender and, if successful, the implementation of the contract.

c) The successful Tenderer will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the execution of the contract.

d) Within six months of the completion of the performance of the contract, the

successful Tenderer will formally certify that no bribes or other illicit commissions have been paid. The final accounting shall include brief details of the goods and services provided that they are sufficient to establish the legitimacy of the payments made.

e) Statements required according to subparagraphs (b) and (d) of this paragraph

will have to be certified by the company's Chief Executive Officer, or other appropriate senior corporate officer.

4. Tenders which do not conform to these requirements shall not be considered.

5. If the successful Tenderer fails to comply with its No-bribery commitment, significant

sanctions will apply. The sanctions may include all or any of the following:

a) Cancellation of the contract;

122

b) Liability for damages to the public authority and/or the unsuccessful competitors in the Tendering possibly in the form of a lump sum representing a pre-set percentage of the contract value (liquidated).

6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery

Policy/Code of Conduct, if any, and of their-general or project - specific - Compliance Program.

7. The Government of Kenya has made special arrangements for adequate oversight of the

procurement process and the execution of the contract, and has invited civil society and other competent Government Departments to participate in the oversight. Those charged with the oversight responsibility will have full access to all documentation submitted by Tenderers for this contract, and to which in turn all Tenderers and other parties involved or affected by the project shall have full access (provided, however, that no proprietary information concerning a Tenderer may be disclosed to another Tenderer or to the public).

123

D. ANTI-CORRUPTION DECLARATION PLEDGE

(Sections39, 40,41,42,43 & of the PPAD Act, 2015) I/We/Messrs……………………………………………………………………………. of Street, Building, P O Box…………………………………………………………… ………………………………………………………………………………………….. Contact/Phone/E mail………………………………………………………………….. declare that Public Procurement is based on a free and fair competitive Tendering process which should not be open to abuse. I/We ..………………………………………………………………………………….. declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any public officer, their relations or business associates, in connection with Tender/Tender No ………………………..………………………………………………. for or in the subsequent performance of the contract if I/We am/are successful. Authorized Signature................................................................................................ Name and Title of Signatory……………………………………………………………

124

E: FORM OF CONTRACT AGREEMENT

This Agreement made the ....................day of .................................. 20 ..........................

Between

Kenya Electricity Generating Company Limited of [or whose registered office is situated at] Stima Plaza Phase III, Kolobot Road, Parklands, P.O. Box 47936-00100, NAIROBI, KENYA (hereinafter called “the Employer”) of the one part,

and

.............................................................................. of [or whose registered office is situated at].............................................................................. ...................................................(hereinafter called “the Contractor”) of the other part. WHEREAS the Employer is desirous that the Contractor executes …………………….

(hereinafter called “the Works”) located at ………………………and the Employer has accepted the Tender submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein, for the Contract Price of .......[Amount in figures], ......................................... [Amount in words].

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 hereinafter referred to.

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

a) The Letter of Acceptance dated ..................................

b) The Letter of Tender dated ...............................

c) The Addenda nos ..............................

d) The Conditions of Contract

e) The Employer’s Requirements

f) The completed Technical Schedules

g) The Completed Guarantee Schedules

h) The priced Schedule of Prices.

i) The Technical Specifications

j) The Contractor’s Tender.

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 design, execute and complete the Works and remedy any defects therein, in conformity in all respects with the provisions of the Contract.

125

4. The Employer hereby covenants to pay the Contractor, in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The common Seal of ............................................................................................................ Was hereunto affixed in the presence of ............................................................................. Signed Sealed, and Delivered by the said ............................................................................ Binding Signature of Employer ............................................................................................. Binding Signature of Contractor ............................................................................................ In the presence of

i). Name .................................................................................................. Address .............................................................................................. Signature ............................................................................................

ii). Name .................................................................................................

Address.............................................................................................. Signature............................................................................................

126

H.SCHEDULES OF GUARANTEES

Name of Applicant or partner of a Joint Venture/Consortium

The Tenderer shall record below the guaranteed values of the Plant. This completed Schedule of Guarantees will be used to calculate any non-performance damages due under the Contract. The provisions for retesting and the consequences for failure to meet the performance guarantees are detailed in the Section V: Particular Conditions of Contract Clause 9.4 sets out the reduction in Contract Price to be applied should the Plant fail to meet the guarantees.

Guaranteed Value

This information is declared to be correct by (Tenderer’s authorised representative) Name………………………………………… Signature………………

127

SECTION X

FORMS OF SECURITY

A. TENDER SECURITY (BANK GUARANTEE)

[If required, the Bank /Tenderer shall fill in this Guarantee form in accordance with the

instructions indicated in brackets.]

[Insert bank’s name, and address of issuing branch or office]

Beneficiary: [insert name and address of Procuring Entity]

Date: [insert date]

TENDER GUARANTEE No.: [insert number]

We have been informed that [insert name of the Tenderer; if a Joint Venture/Consortium,

list complete legal names of partners] (hereinafter called "the Tenderer") has submitted to

you its Tender dated [insert date] (hereinafter called "the Tender") for the execution of

[insert name of Contract] under Invitation for Tenders No. [insert IFT number] (“the

IFT”).

Furthermore, we understand that, according to your conditions, Tenders must be

supported by a Tender Guarantee.

At the request of the Tenderer, we [insert name of bank ] hereby irrevocably undertake to

pay you any sum or sums not exceeding in total an amount of [insert amount in figures

expressed in the currency of the Purchaser’s Country or the equivalent amount in an

international freely convertible currency] ([insert amount in words]) upon receipt by us

of your first demand in writing accompanied by a written statement stating that the

Tenderer is in breach of its obligation(s) under the Tender conditions, because the

Tenderer;

a) Has withdrawn its Tender during the period of Tender validity specified by

the Tenderer in the Form of Tender; or

b) Does not accept the correction of errors in accordance with the Instructions

to Tenderers (hereinafter “the ITT”) of the IFT; or

128

c) Having been notified of the acceptance of its Tender by the Procuring Entity

during the period of Tender validity;

(i). Fails or refuses to execute the Contract Form, if required, or

(ii). Fails or refuses to furnish the Performance Security, in accordance

with the ITT.

This Guarantee shall expire;

a) If the Tenderer is the successful Tenderer, upon our receipt of copies of the

Contract signed by the Tenderer and of the Performance Security issued to

you by the Tenderer; or

b) If the Tenderer is not the successful Tenderer, upon the earlier of;

(i) Our receipt of a copy of your notification to the Tenderer that the

Tenderer was unsuccessful, or

(ii) Thirty days after the expiration of the Tenderer’s Tender.

Consequently, any demand for payment under this Guarantee must be received by us at

the office on or before that date.

_____________________________

[signature(s) of authorized representative(s)]

129

C. PERFORMANCE BANK GUARANTEE [UNCONDITIONAL]

(On Letterhead Of Bank)

[The Bank or /successful Tenderer providing the Guarantee shall fill in this form in

accordance with the instructions indicated in brackets, if the Procuring Entity requires

this type of security.]

[insert bank’s address of issuing branch or office]

Beneficiary: [insert name and address of Procuring Entity]

Date: [insert date]

PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]

We have been informed that [insert name of Contractor] (hereinafter called "the

Contractor") has entered into Contract No. [insert reference number of the Contract]

dated with you, for the execution of [insert name of Contract and brief description of

Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a

Performance Guarantee is required.

At the request of the Contractor, we [insert name of Bank] hereby irrevocably undertake

to pay you any sum or sums not exceeding in total an amount of [insert amount in

figures] ([insert amount in words]), such sum being payable in the types and proportions

of currencies in which the Contract Price is payable, upon receipt by us of your first

demand in writing accompanied by a written statement stating that the Contractor is in

breach of its obligation(s) under the Contract, without your needing to prove or to show

grounds for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor

before presenting us with the demand.

We further agree that no change, addition or other modification of the terms of the

Contract or of the Works to be performed there under or of any of the Contract

documents which may be made between you and the Contractor shall in any way release

us from any liability under this Guarantee, and we hereby waive notice of any change,

addition, or modification.

This guarantee shall expire not later than thirty days from the date of issuance of the

Taking-Over Certificate.

[signature(s) of an authorized representative(s) of the Bank]

130

MANUFACTURER’S AUTHORIZATION FORM

To: KENYA ELECTRICITY GENERATING COMPANY LIMITED WHEREAS ………………………………………………………………………………….

[Name of the

Manufacturer]

Who are established and reputable manufacturers of………………………………………….

[Name and/or description for Goods]

having factories at…………………………………………………………………………. [address of factory]

Do hereby authorize…………………………………………………………………………….

[Name and address of

Agent] to submit a tender, and subsequently negotiate and sign the Contract with you against TENDER FOR ENGINEERING, PROCUREMENT, CONSTRUCTION AND FINANCING (EPC+F) OF MODULAR GEOTHERMAL POWER PLANTS PROJECT AT OLKARIA

for the above Goods manufactured by us. We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the Goods offered for supply by the above firm against this Invitation for Tenders.

[Signature for and on behalf of Manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and

should be signed by an authorised signatory.