TENDER FOR PROCUREMENT OF CONSULTING SERVICES FOR … · 2020. 8. 25. · TENDER FOR PROCUREMENT OF...

TENDER FOR PROCUREMENT OF CONSULTING SERVICES FOR OLKARIA I REHABILITATION

PROJECT

KGN-BDD-006-2020

REQUEST FOR PROPOSALS (RFP)

Kenya Electricity Generating Company PLC

Stima Plaza, Kolobot Road, Parklands P.O. Box 47936, 00100 NAIROBI

Website: www.kengen.co.ke

August 25, 2020

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

RFP for Olkaria I Units 1, 2 & 3 Rehab Consulting Services

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TABLE OF CONTENTS

Page INTRODUCTION ……………………………………………………………. 1

SECTION I Letter of Invitation…..…………………………….. 3

SECTION II Information to Consultants ………….………….. 6

Appendix to information to Consultants……… 15 SECTION III Technical Proposal ………………………….….…. 20

SECTION IV Financial Proposal ………… ………………..…. 31

SECTION V Terms of Reference ………………………………… 39

SECTION VI Standard Forms of Contract ……………………… 51 Appendices: ………………………………………… 84

SECTION VII Mandatory Confidential Business Questionnaire 95


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SECTION I - LETTER OF INVITATION

Our Ref: Olkaria I Rehab/001/RA/cm/mk

Date: August 25, 2020

Dear Sir/Madam,

Kenya Electricity Generating Company PLC invites proposals for the provision of Consultancy

Services for Implementation of the Olkaria I Units 1, 2 & 3 Rehabilitation Geothermal Power

Project. Details on the services are provided in the attached Terms of Reference. Further,

1. The Request for Proposals (RFP) is open to all competent bidders

2. Firms may submit their proposal in association with other competent firms. A maximum

of three firms shall be allowed to associate

3. A firm shall not appear in association of two or more different bids.

4. A bidder will be selected under Quality and Cost Based Selection and the procedures

described in this RFP.

5. Bidders shall attach a declaration in the proposal, that they are not debarred from

participating in procurement proceedings and that they will not engage in any corrupt

practice.

6. The RFP includes the following documents:

Section I -Letter of Invitation

Section II - Information to Consultants

Section III - Technical Proposal - Standard Forms

Section IV - Financial Proposal - Standard Forms

Section V - Terms of Reference

Section VI - Standard Form of Contract.

Section VII – Mandatory Confidential Business Questionnaire.

7. There will be a pre-bid meeting on September 9, 2020.

8. The original and three copies plus a USB Flash disk of the tender proposals must be

delivered to:

The Company Secretary & Legal Affairs Director

Kenya Electricity Generating Company PLC.

10th Floor, KenGen Pension Plaza 2,

Kolobot Road, Parklands

P O Box 47936 - 00100

NAIROBI, KENYA

On or before September 30, 2020 at 10:00Hr East African Standard Time clearly

marked “REQUEST FOR PROPOSALS FOR PROVISION OF CONSULTING

SERVICES FOR OLKARIA I UNITS 1, 2 & 3 REHABILITATION PROJECT”

9. Technical proposals will be opened on September 30, 2020 at 10:30Hr East African

Standard Time in the presence of the bidder’s’ representatives who choose to attend at

Stima Plaza III, KenGen Pension Plaza 2, 11th Floor.

Yours sincerely,

For: KENYA ELECTRICITY GENERATING COMPANY PLC.

Philip Yego

SUPPLY CHAIN DIRECTOR


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SECTION II – INFORMATION TO CONSULTANTS (ITC) Table of Contents Page 2.1 Introduction ………………………………………………………. 6 2.2 Clarification and amendment of RFP document ………….. 7 2.3 Preparation of Technical Proposal…………………………….. 7 2.4 Financial proposal…………………….………………………….. 9 2.5 Submission, Receipt and opening of proposals……..…….. 9 2.6 Proposal evaluation general…………………..……………….. 10 2.7 Evaluation of Technical proposal…………………………….. 10 2.8 Public opening and Evaluation of financial proposal.……. 11 2.9 Negotiations……………………………………………..………….. 12 2.10 Award of Contract……………………………..………………….. 13 2.11 Confidentiality…………………………………………..………….. 13 2.12 Corrupt or fraudulent practices……………………..…..…….. 14


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SECTION II: - INFORMATION TO CONSULTANTS (ITC) 2.1 Introduction

2.1.1 The Client named in the Appendix to “ITC” will select a firm among

those invited to submit a proposal, in accordance with the method

of selection detailed in the appendix. The method of selection shall be as indicated by the procuring entity in the Appendix.

2.1.2 The Bidders (Consulting Firms) are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Appendix “ITC” for consulting services required for

the assignment named in the said Appendix. A Technical Proposal only may be submitted in assignments where the Client intends to

apply standard conditions of engagement and scales of fees for professional services which are regulated as is the case with Building and Civil Engineering Consulting services. In such a case

the highest ranked firm of the technical proposal shall be invited to negotiate a contract on the basis of scale fees. The proposal will be

the basis for Contract negotiations and ultimately for a signed Contract with the selected firm.

2.1.3 The Consulting Firm(s) must familiarize themselves with local conditions and take them into account in preparing their proposals. To obtain first-hand information on the assignment and on the local

conditions, the Consulting Firm(s) are encouraged to liase with the Client regarding any information that they may require before

submitting a proposal and to attend a pre-proposal conference where applicable. The Consulting Firm(s) should contact the officials named in the Appendix “ITC” to arrange for any visit or to

obtain additional information on the pre-proposal conference. The Consulting Firm(s) should ensure that these officials are advised of

the visit in adequate time to allow them to make appropriate arrangements.

2.1.4 The Procuring entity will provide the inputs specified in the Appendix “ITC”, facilitate the firm in obtaining licenses and permits needed to carry out the services and make available relevant project

data and reports.

2.1.5 Please note that: (i) the costs of preparing the proposals and of negotiating the

Contract, including any visit to the Client or Clients project

area are not reimbursable as a direct cost of the assignment; and

(ii) the Client is not bound to accept any of the proposals

submitted.


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2.1.6 The procuring entity’s employees, committee members, board members and their relatives (spouse and children) are not eligible

to participate.

2.1.7 The price to be charged for the tender document shall be Kshs.1,000/=.

2.1.8 The procuring entity shall allow the tenderer to review the tender document free of charge before purchase.

2.2 Clarification and Amendment of RFP Documents

2.2.1 The Consulting Firm(s) may request a clarification of any of the RFP documents only up to fourteen [14] days before the proposal submission date. Any request for clarification must be sent in

writing by electronic mail to the Client’s address indicated in the Appendix “ITC”. The Client will respond by electronic mail to such

requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited Consulting Firm(s) who intend to submit

proposals. The responses to requests for clarifications shall be uploaded to the client’s website.

2.2.2 At any time before the submission of proposals, the Client may for any reason, whether at his own initiative or in response to a

clarification requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by electronic mail to all invited Consulting Firm(s) and

will be binding on them. Such addenda shall also be uploaded on the client’s website.

2.2.3 The Client may at his discretion extend the deadline for the submission of proposals. The correspondence on extension of the

bid closing deadline will be uploaded on the client’s website; an electronic email will also be send out to all participating bidders.

2.3 Preparation of Technical Proposal

2.3.1 The Consulting Firm(s) proposal shall be written in English language

2.3.2 In preparing the Technical Proposal, the Consulting Firm(s) are

expected to examine the documents constituting this RFP in detail. Material deficiencies in providing the information requested shall result in rejection of a proposal.

2.3.3 While preparing the Technical Proposal, the Consulting Firm(s) must

give particular attention to the following:


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(i) If a firm considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating

with individual Consulting Firm(s) and/or other firms or entities in a joint venture or sub-consultancy as appropriate. The

Consulting Firm(s) shall not associate with the other Consulting Firm(s) invited for this assignment. Any firms associating in contravention of this requirement shall automatically be

disqualified. (ii) For assignments on a staff-time basis, the estimated number of

professional staff-time is given in the Appendix. The proposal shall however be based on the number of professional staff-time

estimated by the firm.

(iii) It is desirable that the majority of the key professional staff

proposed be permanent employees of the firm or have an extended and stable working relationship with it.

(iv) Proposed professional staff must as a minimum, have the

experience indicated in Appendix, preferably working under

conditions similar to those prevailing in Kenya. (v) Alternative professional staff shall not be proposed and only one

Curriculum Vitae (CV) shall be submitted for each position.

2.3.4 The Technical Proposal shall provide the following information using the attached Standard Forms;

(i) A brief description of the firm’s organization and an outline of recent experience on assignments of a similar nature. For each assignment the outline should indicate inter alia, the profiles of the

staff proposed, duration of the assignment, contract amount and firm’s involvement.

(ii) Any comments or suggestions on the Terms of Reference, a list of

services and facilities requested to be provided by the Client.

(iii) A description of the methodology and work plan for performing the

assignment.

(iv) The list of the proposed staff team by specialty, the tasks that would

be assigned to each staff team member and their timing.

(v) CVs recently signed by the proposed professional staff and the authorized representative submitting the proposal. Key information should include number of years working for the

firm/entity and degree of responsibility held in various assignments during the last ten (10) years.


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(vi) Estimates of the total staff input (professional and support staff staff-time) needed to carry out the assignment supported by bar

chart diagrams showing the time proposed for each professional staff team member.

(vii) A detailed description of the proposed methodology, staffing and

monitoring of training, if Appendix “A” specifies training as a major

component of the assignment.

(viii) Any additional information requested in Appendix “A”.

2.3.5 The Technical Proposal shall not include any financial information.

2.4 Preparation of Financial Proposal

2.4.1 In preparing the Financial Proposal, the Consulting Firm(s) are expected to take into account the requirements and conditions

outlined in the RFP documents. 2.4.2 The Financial Proposal should follow Standard Forms (Section IV).

It lists all costs associated with the assignment including; (a)

remuneration for staff (in the field and at headquarters), and; (b) reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and

demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance,

printing of documents, surveys, and training, if it is a major component of the assignment. If appropriate, these costs should be broken down by activity.

2.4.3 The Financial Proposal should clearly identify as a separate

amount, the local taxes, duties, fees, levies and other charges

imposed under the law on the Consulting Firm(s), the sub- Consulting Firm(s) and their personnel, unless Appendix “A”

specifies otherwise. 2.4.4 The Consulting Firm(s) shall express the price of their services in

Kenya Shillings (KES), US Dollars (USD) or Euro.

2.4.5 Local Registration Fees, Commissions and gratuities, if any, paid or to be paid by Consulting Firm(s) and related to the assignment will be listed in the Financial Proposal submission Form.

2.4.6 The Proposal must remain valid for 60 days after the submission

date. During this period, the Consulting Firm(s) is expected to

keep available, at his own cost, the professional Consulting Firm(s) staff proposed for the assignment. The Client will make

his best effort to complete negotiations within this period. If the Client wishes to extend the validity period of the proposals, the Consulting Firm(s) shall agree to the extension.


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2.5 Submission, Receipt and Opening of Proposals

2.5.1 The original proposal (Technical Proposal and, if required, Financial

Proposal; see para. 1.2) shall be prepared in indelible ink. It shall

not have any interlineation or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initialed by the persons or person authorized to sign the

proposals.

2.5.2 For each proposal, the Consulting Firm(s) shall prepare the number

of copies indicated in Appendix “A”. Each Technical Proposal and

Financial Proposal shall be marked “ORIGINAL” or “COPY” as

appropriate. If there are any discrepancies between the original and the copies of the proposal, the original shall govern.

2.5.3 The original and all copies of the Technical Proposal shall be placed

in a sealed envelope clearly marked “TECHNICAL PROPOSAL,”

and the original and all copies of the Financial Proposal in a sealed

envelope clearly marked “FINANCIAL PROPOSAL” and warning:

“DO NOT OPEN WITH THE TECHNICAL PROPOSAL”. Both

envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other

information indicated in the Appendix “ITC” and be clearly marked,

“DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING COMMITTEE.”

2.5.4 The completed Technical and Financial Proposals must be delivered

at the submission address on or before the time and date stated in the Appendix “ITC”. Any proposal received after the closing time for submission of proposals shall be returned to the respective

Consulting Firm(s) unopened.

2.5.5 After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the opening committee. The Financial Proposal shall remain sealed and deposited with a

responsible officer of the client department up to the time for public opening of financial proposals.

2.6 General Proposal Evaluation

2.6.1 From the time the bids are opened to the time the Contract is awarded, if any Consulting Firm(s) wishes to contact the Client on any matter related to his proposal, he should do so in writing at the


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address indicated in the Appendix “ITC”. Any effort by the firm to influence the Client in the proposal evaluation, proposal

comparison or Contract award decisions may result in the rejection of the Consulting Firm(s) proposal.

2.6.2 Evaluators of Technical Proposals shall have no access to the

Financial Proposals until the technical evaluation is concluded.

2.7 Evaluation of Technical Proposal

2.7.1 The evaluation committee appointed by the Client shall evaluate the proposals on the basis of their responsiveness to the Terms of

Reference, applying the evaluation criteria as stated in the Appendix “ITC”.

Each responsive proposal will be given a technical score (St). A proposal shall be rejected at this stage if it does not respond to

important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Appendix “ITC”.

2.8 Public Opening and Evaluation of Financial Proposal

2.8.1 After Technical Proposal evaluation, the Client shall notify those

Consulting Firm(s) whose proposals did not meet the minimum qualifying mark or were considered non-responsive to the RFP and

Terms of Reference, indicating that their Financial Proposals will be returned after completing the selection process. The Client shall simultaneously notify the Consulting Firm(s) who have secured the

minimum qualifying mark, indicating the date and time set for opening the Financial Proposals and stating that the opening ceremony is open to those Consulting Firm(s) who choose to attend.

The opening date shall not be sooner than seven (7) days after the notification date. The notification may be sent by registered letter,

or electronic mail. 2.8.2 The Financial Proposals shall be opened publicly in the presence of

the Consulting Firm(s’) representatives who choose to attend. The name of the Consulting Firm(s), the technical scores and the

proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of the public opening.

2.8.3 The evaluation committee will determine whether the financial

proposals are complete (i.e. whether the Consulting Firm(s) has

costed all the items of the corresponding Technical Proposal and correct any computational errors. The cost of any unpriced items

shall be assumed to be included in other costs in the proposal. In all cases, the total price of the Financial Proposal as submitted shall prevail.


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2.8.4 While comparing proposal prices between local and foreign firms

participating in a selection process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous Kenyans

own 51% or more of the share capital shall be allowed a 10% preferential bias in proposal prices. However, there shall be no such preference in the technical evaluation of the tenders. Proof of

local incorporation and citizenship shall be required before the provisions of this sub-clause are applied. Details of such proof shall be attached by the Consulting Firm(s) in the financial

proposal.

2.8.5 The formulae for determining the Financial Score (Sf) shall, unless an alternative formulae is indicated in the Appendix “ITC”, be as follows:-

Sf = 100 X Fm/F where Sf is the financial score; Fm is the lowest

priced financial proposal and F is the price of the proposal under consideration. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights

(T=the weight given to the Technical Proposal: P = the weight given to the Financial Proposal; T + p = I) indicated in the Appendix. The

combined technical and financial score, S, is calculated as follows:- S = St x T % + Sf x P %. The firm achieving the highest combined

technical and financial score will be invited for negotiations. 2.8.6 The tender evaluation committee shall evaluate the tender within

30 days from the date of opening the tender. 2.8.7 Contract price variations shall not be allowed for contracts not

exceeding one year (12 months). 2.8.8 Where contract price variation is allowed, the variation shall not

exceed 10% of the original contract price

2.8.9 Price variation requests shall be scrutinized, checked keenly and communicated to the applicant by the procuring entity within 45 days of receiving the request.

2.9 Negotiations

2.9.1 Negotiations will be held at the same address as “address to send

information to the Client” indicated in the Appendix “ITC”. The aim

is to reach agreement on all points and sign a contract.

2.9.2 Bidders are notified that it is illegal for an individual Engineer or

an Engineering Consulting Firm to practice the profession in Kenya, if not registered with the Engineer’s Board of Kenya (EBK) under

the Engineers Act, No. 43 of 2011. Details of Regulations are specified in the Engineers Rules 2019. Thus, the winning Consultant (or Association) will be required to register the firm and


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each practising staff member (Engineers) before entering into contract negotiations. The Contract negotiations will only be carried

out with registered firms (as per Section (21) of Engineers Act) and individuals (proof of documents to be provided). In order to ensure

full compliance with this requirements of the Engineers Act, the winning tenderer will be required to confirm their registration before start of pre-Contract negotiations. The pre-Contract

negotiations will be carried out only after confirmation of the registration status by EBK. Costs for registration of the firm and all individual staff members are to be included in the financial

proposal. Costs for the firms are to be treated as miscellaneous costs ; for individuals, the costs are to be included in the respective

fees 2.9.3 Negotiations will include a discussion of the Technical Proposal, the

proposed methodology (work plan), staffing and any suggestions

made by the firm to improve the Terms of Reference. The Client and firm will then work out final Terms of Reference, staffing and

bar charts indicating activities, staff periods in the field and in the head office, staff-months, logistics and reporting. The agreed work plan and final Terms of Reference will then be incorporated in the

“Description of Services” and form part of the Contract. Special attention will be paid to getting the most the firm can offer within the available budget and to clearly defining the inputs required from

the Client to ensure satisfactory implementation of the assignment.

2.9.4 Unless there are exceptional reasons, the financial negotiations will not involve the remuneration rates for staff (no breakdown of fees).

2.9.5 Having selected the firm on the basis of, among other things, an evaluation of proposed key professional staff, the Client expects to negotiate a contract on the basis of the experts named in the

proposal. Before contract negotiations, the Client will require assurances that the experts will be actually available. The Client

will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to

meet the objectives of the assignment. If this is not the case and if it is established that key staff were offered in the proposal without

confirming their availability, the firm may be disqualified. 2.9.6 The negotiations will conclude with a review of the draft form of the

Contract. To complete negotiations the Client and the selected firm will initial the agreed Contract. If negotiations fail, the Client will invite the firm whose proposal received the second highest score to

negotiate a contract.

2.9.7 The procuring entity shall appoint a team for the purpose of the negotiations.


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2.10 Award of Contract

2.10.1The Contract will be awarded following negotiations. After negotiations are completed, the Client will promptly notify other

Consulting firm(s) on the shortlist that they were unsuccessful and return the Financial Proposals of those Consulting firm(s) who did not pass the technical evaluation.

2.10.2 The selected firm is expected to commence the assignment on the

date and at the location specified in Appendix “A”.

2.10.3 The parties to the contract shall have it signed within fifteen (15)

days from the date of notification of contract award unless there is an administrative review request.

2.10.4 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any

person for the termination. 2.10.5 The procuring entity shall give prompt notice of the termination to

the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.

2.10.6 To qualify for contract awards, the tenderer shall have the following:

(a) Necessary qualifications, capability, experience, services, equipment and facilities to provide what is being procured.

(b) Legal capacity to enter into a contract for procurement.

(c) Be registered with the Engineer’s Board of Kenya (EBK) under the Engineers Act, No. 43 of 2011

(d) Shall not be insolvent, in receivership, bankrupt or in the

process of being wound up and is not the subject of legal proceedings relating to the foregoing.

(e) Shall not be debarred from participating in public procurement. 2.11 Confidentiality

2.11.1Information relating to evaluation of proposals and

recommendations concerning awards shall not be disclosed to the Consulting firm(s) who submitted the proposals or to other persons not officially concerned with the process, until the winning firm

has been notified that it has been awarded the Contract. 2.12 Corrupt or fraudulent practices

2.12.1The procuring entity requires that the Consulting firm(s) observe

the highest standards of ethics during the selection and award of the consultancy contract and also during the performance of the


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assignment. The tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices.

2.12.2 The procuring entity will reject a proposal for award if it determines

that the Consulting Firm(s) recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.

2.12.3 Further a Consulting Firm(s) who is found to have indulged in

corrupt or fraudulent practices risks being debarred from

participating in public procurement in Kenya.


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Appendix to Information to Consulting firm(s) The following information for procurement of consultancy services and selection of Consulting firm(s) shall complement or amend the provisions

of the information to Consulting firm(s), wherever there is a conflict between the provisions of the information to Consulting firm(s) and the provisions of the appendix, the provisions of the appendix herein shall prevail over those

of the information to Consulting firm(s).

Clause Reference 2.1.1 The name of the Client is: Kenya Electricity Generating Company

PLC, “KenGen” 2.1.1 The method of selection is: Quality and Cost-Based Selection

2.1.2 Technical and Financial Proposals are requested: Yes

The name, objectives, and description of the assignment are:

Name – Consultancy Services for Implementation of the Olkaria I Units 1, 2 & 3 Rehabilitation Geothermal Power Project.

Objectives and descriptions of the assignment are as follows: - The Consulting firm(s) shall, among others, carry out the following:

i. Risk analysis and mitigation ii. Confirmation of technical data checks and brief Grid study;

iii. Review of detailed designs submitted by the EPC Contractor iv. Review and approval of method statements submitted by the EPC

Contractor for execution of the Works v. Review of all technical data and ensuring its accuracy vi. Supervision of construction works

vii. Contract management for the EPC Contract viii. Participating in Site Acceptance Testing and commissioning of the

plant and confirming the outcomes as true and correct data. ix. Training of KenGen staff.

2.1.3 A pre-proposal conference will be held: Yes

Date: September 9, 2020

Time: 1000hrs Venue: TBC

The name(s), address and telephone numbers of the Client’s official(s) for purposes of clarifications during bidding are:


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Project Execution Manager, Kenya Electricity Generating Company PLC,

P.O. Box 47936 – 00100 Nairobi, KENYA.

Telephone + 254 20 3666511 Fax + 254 20 3666565 E-mail address: [email protected]

Cc: [email protected]

Cc: [email protected] Cc: [email protected] Cc: [email protected]

2.1.4 The Client will provide the following inputs:

a) Letters of Introduction to various government institutions b) Feasibility study report for KenGen, Feasibility Study Olkaria I

Rehabilitation.

c) Provide assistance to access the site

2.1.5 Downloaded copies of this RFP are free of charge

2.1.6 Client address for clarifications of the RFP document is as indicated

under 2.1.3 above.

Clarifications may be sought for up to 14-days before the submission date.

2.3.3 (ii) The estimated number of professional staff months required for the assignment is; 452 man-months

(iv) The minimum required qualification and experience of proposed professional staff is as detailed below:

A) OFF-SITE TEAM

A-1 Project Manager

• Must have a University Engineering Degree.

• Must be a registered Professional/Consulting Engineer in Country of

Origin

• Must meet registration requirements by the Engineers Board of Kenya.

• Total verifiable professional experience of at least 15 years

• At least 10 years of practical experience, where two (2) of which must have

been supervision of a rehabilitation project.

• Must have worked as a project manager in Geothermal power plant

projects where scope of works included steam field works, HV substation

works and HV transmission lines works; together or separately.

• He/She must have undertaken assignments as project leader in the scope

of works in project implementation (phase I), management of Defects

mailto:[email protected]






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Liability Period (Phase II) and Transfer of knowledge (Phase III) for works

of similar nature and complexity.

A-2 Mechanical Team lead

• Must have a University Degree in Mechanical Engineering


Origin

• Must meet registration requirements by Engineers Board of Kenya.

• Must have attained at least a total relevant professional experience of 15

years

• At least 10 years verifiable project experience in Geothermal power plant

projects.





A-3 Process Design Team lead

• Must have a University Degree in Mechanical or process Engineering

• Must be a registered Professional Engineer/consulting in Country of

Origin



years

• At least 10 years’ experience in geothermal power plant projects, including

design of steam gathering system.





A-4 Electrical Team lead

• Must have a University Degree in Electrical Engineering

• Must be registered Professional/consulting Engineer in Country of Origin



years

• At least 10 years’ experience in the design of Electrical power systems

protection in Geothermal power plant projects, including high voltage

(HV) substations and transmission lines

• He/She must have undertaken assignments as Electrical power system

protection and control design lead, in the scope of works in project


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implementation (phase I), management of Defects Liability Period (Phase

II) and Transfer of knowledge (Phase III) for works of similar nature and

complexity.

A-5 Instrumentation and Control Team lead

• Must have a University Degree in Electrical and Electronic Engineering or

Instrumentation & Control Engineering or other relevant degree.

• Must be a registered Professional/consulting Engineer in Country of

Origin.



years

• At least 10 years’ experience in the design of Instrumentation & Control

systems in Geothermal power plant projects, HV substations and

transmission lines

• He/She must have undertaken assignments as Instrumentation &

Control design lead, in the scope of works in project implementation

(phase I), management of Defects Liability Period (Phase II) and Transfer

of knowledge (Phase III) for works of similar nature and complexity.

A-6 Civil and Structural Team lead

• Must have a University Degree in Civil and Structural Engineering

• Must be a registered Professional/consulting Engineer in Country of

Origin



years

• At least 10 years’ experience in Civil & Structural Engineering Design

works within power plant projects.

• He/She must have undertaken assignments as the Civil & Structural

design Team leader, in the scope of works in project implementation


of knowledge (Phase III) for works of similar nature and complexity.

B) ON-SITE TEAM

B-1 Site Project Manager

• Must have a University Degree in engineering field.

• Must be a registered Professional Engineer in Country of Origin


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• Non-Kenyan Citizens must meet registration requirements by Engineers

Board of Kenya as a Temporary Professional Engineer

• Must have attained a total relevant professional experience of at least 15

years

• Must have an experience as a team lead or projects manager on at least

two (2) Geothermal power plant projects.

• Must have previous experience working in the developing world or areas

similar to the proposed project area.

• Must have attained at least 12 years verifiable experience in site

supervision and construction of geothermal power plant projects.

• Must have at least 8 years experience in design & design reviews for

geothermal power plant projects.

• Must have undertaken assignments as site project manager in the scope


Liability Period (Phase II) and Transfer of knowledge (Phase III) for at

least two geothermal power plant projects of similar complexity.

• Must have a good command of English and be able to communicate

clearly and proficiently .

B-2 Site Contract and commercial manager

• Must have a University Degree in engineering, quantity survey or any

other relevant field


years in preparation and administration of power plant project contracts.

• Must have experience working in the developing world or areas similar to

the proposed project area.

• Must have attained at least 12 years’ experience as expert in contract

administration for a construction projects of similar complexity with

responsibility for reviewing and assessing Contractor Notices of claims,

review the Claims and advise the client on settlement of the claims..

• Must have at least 8 years experience in review and approval of

contractor’s work measurements, applications for payments and approval

for payments in a construction project of similar complexity

• Must have undertaken assignments as site contract manager in the scope


Liability Period (Phase II) and Transfer of knowledge (Phase III) for at least

two geothermal power plant projects of similar complexity

• Must have undertaken assignments for at least two (2) Projects including

as a site Contract administration of ENAA model of Contract.

B-3 Site Mechanical Team Lead

• Must have a University Degree in Mechanical Engineering field.


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Board of Kenya as a Temporary Professional Engineer.


years

• Must have attained at least 12 years experience in site supervision of

construction works for geothermal power plants of similar complexity

• Must have at least 8-years experience in site acceptance testing &

commissioning of construction works for geothermal power plant projects

of similar complexity as a team leader

• Must have at least 4 years’ experience in geothermal power plant

rehabilitation projects in the scope of works involving project


II) and Transfer of knowledge (Phase III) for at least one geothermal power

plant projects of similar complexity.

• Must have practical of experience of similar environment in developing

countries


proficiently

B-4 Site Mechanical Expert

• Must have a University Degree in Mechanical Engineering field.




• Must have attained at least 3 years’ experience in site supervision of

construction works, design reviews, works measurement/assessment,

monitoring and reporting for a geothermal power plant construction

contract

• Must have at least 3-years experience in geothermal power plant projects

as mechanical works expert in the scope of works involving project



plant project of similar complexity.

B-5 Site Electrical Team lead

• Must have a University Degree in Electrical Engineering field.





years


22





of similar complexity as a team lead







countries


proficiently

B-6 Site electrical expert (Power Plant and HV substation)






years



monitoring and reporting for power plant, HV substations and

transmission lines

• Must have at least 3-years experience in power plant projects as electrical

works expert in the scope of works involving project implementation


of knowledge (Phase III) for at least one geothermal power plant project of

similar complexity.

B-7 Site electrical expert (Steamfield electrical power supply)






years




23

monitoring and reporting for power plant, medium voltage system and

distribution lines

• Must have at least 3-years experience in electrical power projects as

electrical works expert in the scope of works involving project


II) and Transfer of knowledge (Phase III) for at least one electrical power

project.

B-8 Site Civil & structural Works Team lead

• Must have a University Degree in Civil & Structural Engineering field.





years


construction works for power plant structural works of similar complexity

• Must have at least 8-years experience as a team lead in construction

works for power plant projects with similar structural complexity

• Must have at least 4 years’ experience in power plant rehabilitation

projects involving analysis, modification and demolition works of existing

structural concrete.


countries


proficiently

B-9 Site Civil and structural Works expert

• Must have a University Degree in Civil & Structural Engineering field.





years



monitoring and reporting for power plant civil & structural works.

• Must have at least 3-years experience in power plant projects as civil &

structural works expert for at least one power plant project.


24

B-10 Site Environment, safety and Health (ESH) lead

• Must have a University Degree in Environmental Science or any other

relevant field

• Must have a total relevant professional experience of at least 15 years

• Must be registered with the relevant professional body including the

international certification.

• Must have at least 10 years’ experience as ESH in power plant projects as

site ESH team lead for a project of similar nature and complexity.


proficiently

B-11 Site Control & Instrumentation Team Lead

• Must have a University Degree in Electrical & Electronics Engineering or



Origin


Board of Kenya as a Temporary Professional Engineer


years





of similar complexity as a team lead







countries


proficiently

B-12 Site Instrumentation and Control expert

• Must have a University Degree in Electrical & Electronic Engineering or





25




years



monitoring and reporting for power plant, HV substations and steamfield

• Must have at least 3-years experience in power plant projects as

Instrumentation & Control works expert in the scope of works involving

project implementation (phase I), management of Defects Liability Period

(Phase II) and Transfer of knowledge (Phase III) for at least one geothermal

power plant project of similar complexity.

B-13 Site Quantity Surveyor

• Must have a University Degree in Building Economics or Quantity

Surveying

• Must be a registered Professional Quantity Surveyor in his country of

origin

• Non-Kenyan Citizens must meet registration requirements by the Board

of Registration of Architects and Quantity Surveyors

• Must have a total relevant professional experience of at least 15 years

• Must have at least 10 years experience in power plant projects with

specific experience in measurement and assessment of works quantities,

monitoring and reporting.

• Must have at least 10 years’ experience in reviewing of payment

applications for contractors and processing of interim and final payment

certificates.


countries


proficiently

NB:-The Consulting Firm(s) shall provide an experienced support team at the

home office to offer the required support to the site team and also undertake

other necessary home office assignments.


26

2.3.4 Training is a specific component of this assignment: Yes

Training shall be provided to the employer’s staff as indicated in the Terms of Reference (ToR) for this RFP.

Additional information in the Technical Proposal includes:

-Company Profiles, Experience in similar projects.

-In addition to company profile on Geothermal power plants, the submissions should elaborate on the following:

Firm’s track record

❖ A track record of relevant experience in consulting services on Geothermal power plants including feasibilities studies, Geothermal resource assessment and site classification

❖ Experience in design of Geothermal power plants of greater or

similar nature and size

❖ Experience in design of geothermal steam gathering system of

greater or similar nature and complexity

❖ Experience in design/Design Review of HV substation and

transmission systems of similar nature and size.

❖ Experience in supervision of construction, installation, testing and commissioning of Geothermal power plants including Turbine/ Generator erection of greater or similar nature and

complexity.

❖ Experience in supervision of construction works for geothermal steam gathering system of greater or similar nature and complexity

❖ Experience in supervision of Construction, installation, testing and commissioning of HV electrical power system substation and transmission lines of greater or similar nature and size

including works on connection and integration to existing substation and grid networks.

2.4.5 The Proposal must remain valid for 60 days after the submission date.

2.5.2 Consulting firm(s) must submit an original and three (3)

additional copies of each proposal.


27

2.5.3 The proposal submission address is: The Company Secretary & Legal Affairs Director

Kenya Electricity Generating Company PLC. 10th Floor, KenGen Pension Plaza 2,

Kolobot Road, Parklands P O Box 47936 - 00100 NAIROBI, KENYA

Tel +254 20 3666708 Fax + 254 20 248848.

Information on the outer envelope should also include: Confidential, Request for Proposal for Consultancy Services

for Olkaria I Rehabilitation Project. 2.5.4 Proposals must be submitted no later than the following date and

time:

Date: September 30, 2020 Submission time: on or before 1000hrs East African Time Opening of the Technical proposal:

Date: September 30, 2020 Time: 10:30hrs East African Standard Time Venue: Stima Plaza III, KenGen Pension Plaza 2, 11th Floor

2.6.1 The address to send request for clarifications to the Client is:

Project Execution Manager, Kenya Electricity Generating Company PLC,

P.O. Box 47936 Nairobi 00100, KENYA. Telephone + 254 711036516

Email: [email protected]

Email Correspondence to be copied to: Cc: [email protected] Cc: [email protected]

Cc: [email protected] Cc: [email protected]

2.7.1 The minimum technical score required to pass: 70 points






28

EVALUATION CRITERIA SCORE

(i) Experience

a) General

A track record of NOT less than 12 years relevant experience in consulting services

on Geothermal power plants including feasibilities studies, Geothermal resource assessment and site classification. The experience should include consultancy in at least three different geothermal

power plants that have been constructed and commissioned within the past 10-years. 8

b) Specific

• A track record of relevant experience in design of at least two (2) different geothermal power plants

• The capacity of each power plant cited should be equivalent to or greater than 40MW with at least two units in the same power plant complex

• The technology used for each of the power plants should be single-flash or double-flash.

• Geothermal Power plants using Organic Rankine Cycle (ORC) technology are NOT admissible for consideration under this criteria 4

• Experience in design of at least two (2) different geothermal steam gathering systems for use in power plants using single-flash or double-flash technology.

• Steam flow in the geothermal steam gathering system should be a minimum of 500-tons/hr at pressure of at least 5-Bar.

• Minimum length of the cross-country pipeline for the steam gathering system for each of the two projects should be 5km. 4

• A track record of design for at least two (2) different HV electrical power substations and transmission systems of 132kV or higher including connection and integration to existing HV substations and grid networks. 4

• A track record of relevant experience in supervision of construction, installation and commissioning of at least two (2) different single-flash or double-flash Geothermal power plants including Turbine/Generator erection

• The capacity of each power plant cited in the experience should be equivalent to or greater than 40MW with at least two units in the same power plant complex

• The technology used for each power plant cited in the experience should be single-flash or double flash 4

• Experience in supervision of construction works for geothermal steam gathering system of at least two (2) different geothermal power plants

systems

• The technology used for each power plant cited in the experience should be single-flash or double-flash technology.

• Steam flow in the geothermal steam gathering system should be a minimum of 500-tons/hr at pressure of at least 5-Bar or greater 4

• A track record in supervision of Construction, installation and commissioning of at least two (2) different HV electrical power substations and transmission systems with voltage rating of 132kV or higher including connection and

integration to existing HV substations and grid networks. 4

Totals 32

(ii) Adequacy to TOR


29

- Technical Approach and methodology 8

- Quality of Work plan and project period in total 6

- Organization and staffing 4

Totals 18

(iii) Qualification and Experience of key staff:(Refer to Key staff qualifications) R

A-1 Project Manager 3

A-2 Mechanical Team lead 3

A-3 Process Design Team lead 3

A-4 Electrical Team lead 3

A-5 Instrumentation and Control Team lead 2

A-6 Civil and Structural Team lead 3

B-1 Site Project Manager 3

B-2 Site Contract and commercial manager 2

B-3 Site Mechanical Team Lead 3

B-4 Site Mechanical Expert 1

B-5 Site Electrical Team Lead 3

B-6 Site electrical expert (Power Plant and HV substation) 1

B-7 Site electrical expert (Steamfield electrical power supply) 1

B-8 Site Civil & structural Works Team Lead 3

B-9 Site Civil and structural Works expert 1

B-10 Site Environment, safety and Health (ESH) Lead 1

B-11 Site Control & Instrumentation Team Lead 2

B-12 Site Instrumentation and Control expert 1

B-13 Site Quantity Surveyor 1

Totals 40

(iv) Suitability of the transfer of knowledge (training) program:

a) Relevance of Proposed training program 1

b) Training approach and methodology 2

c) Qualifications and relevancy of proposed training sub-consulting firm/s 2

Totals 5

(v) Participation by nationals among proposed key staff 5

GRAND TO CONSULTING FIRM(S) 100

2.8.5 Alternative formula for determining the financial scores is the following:

Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration.

The weights given to the Technical (T) and Financial (P) Proposals are:

T= 0.7 P= 0.3

The single currency for price conversions is: Kenya Shilling.


30

The source of official selling rates is: Central Bank of Kenya.

The date of exchange rates is: 14 days prior to the bid closing date.

2.10.2 The assignment is expected to commence in December 2020 Location: Olkaria in Nakuru County, Kenya.


31

SECTION III: - TECHNICAL PROPOSAL Notes on the preparation of the Technical Proposals

3.1 In preparing the technical proposals the Consulting Firm(s) is/are

expected to examine all terms and information included in the RFP. Failure to provide all requested information shall be at the Consulting Firm(s) own risk and may result in rejection of the Consulting Firm(s) proposal.

3.2 The technical proposal shall provide all required information and any

necessary additional information and shall be prepared using the standard forms provided in this Section.

3.3 The Technical proposal shall not include any financial information

3.4 The technical proposal should show separately the schedule of man-hours

for: i) Each staff ii) One-Time commissioning expatriates


32

SECTION III - TECHNICAL PROPOSAL

Table of Contents

1. Technical proposal submission form

2. Firms references

3. Comments and suggestions of Consulting Firm(s) on the Terms of reference and on data, services and Facilities to be provided by the

procuring entity

4. Description of the methodology and work plan for performing the

assignment.

5. Team composition and task assignments

6. Format of curriculum vitae (CV) for proposed Professional staff

7. Time schedule for professional personnel

8. Activity (work schedule)


33

1. TECHNICAL PROPOSAL SUBMISSION FORM

[_______________ Date]

To:______________________[Name and address of Client) Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for __________________

_______________________________[Title of consulting services] in accordance with your Request for Proposal dated ______________________[Date] and our

Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.

We are submitting our Proposal in association with:[insert a list with full name and address of each associate CONSULTING FIRM(S)]

We hereby declare that all the information and statements made in this

proposal are true and accept that any misinterpretation contained in it may lead to disqualification.

If negotiations are held during the period of validity of the proposal as per ITC 2.4.5 above, we undertake to negotiate on the basis of the proposed staff. Our

proposal is binding upon us and subject to the modifications resulting from the contract negotiations.

We understand you are not bound to accept any Proposal that you receive. We remain,

Yours sincerely,

_______________________________[Authorized Signature]: ________________________________[Name and Title of Signatory] : _________________________________[Name of Firm] : _________________________________[Address:]


34

2. FIRM’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which

your firm either individually, as a corporate entity or in association, was

legally contracted.

Firm’s Name: ___________________________________

Name and title of signatory; ________________________

Assignment Name: Country:

Location within Country:

Professional Staff provided by Your Firm/Entity (profiles):

Name of Client:

Clients contact person for the assignment.

Address:

No of Staff-Months;

Duration of Assignment:

Start Date (Month/Year):

Completion Date (Month/Year):

Approx. Value of Services

Name of Associated Consulting Firm(s). If any:

No of Months of Professional Staff provided by Associated Consulting Firm(s):

Name of Senior Staff (Project Director/Coordinator, Team Leader/expert/specialist) Involved and Functions Performed:

Narrative Description of project:

Description of Actual Services Provided by Your Staff:


35

(May be amended as necessary)

3. COMMENTS AND SUGGESTIONS OF CONSULTING FIRM(S) ON THE

TERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO

BE PROVIDED BY THE CLIENT.

On the Terms of Reference:

(i)

(ii)

(iii)

(iv)

(v)

On the data, services and facilities to be provided by the Client:

(i)

(ii)

(iii)

(iv)

(v)


36

4 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT (Use additional sheets if need be)


37

5. TEAM COMPOSITION AND TASK ASSIGNMENTS

A. Off-site activities

1. Technical and Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

B. Site activities

1. Technical and Managerial Staff

Name Position Task

2. Support Staff

Name Position Task


38

6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED

PROFESSIONAL STAFF

Proposed Position:

_____________________________________________________________ Name of Firm:

_________________________________________________________________

Name of Staff: __________________________________________________________________

Profession: _____________________________________________________________________

Date of Birth: __________________________________________________________________

Years with Firm: ___________________________ Nationality: ______________________

Membership in Professional Societies:

__________________________________________

Detailed Tasks Assigned: _______________________________________________________

Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations].

Education: [Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree[s] obtained.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]


39

Languages:

[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

Certification:

I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.

_________________________________________________________ Date:

________________ [Signature of staff member] ___________________________________________________________________ Date; ______________

[Signature of authorized representative of the firm]

Full name of staff member: _____________________________________________________

Full name of authorized representative: _________________________________________


40

7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name Position Reports

Due/

Activities

1

2

3

4

5

6

7

8

9

10

11

…

Number of months

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Reports Due: _________

Activities Duration: _________

Signature: ________________________ (Authorized representative)

Full Name: ________________________

Title: ______________________________

Address: ___________________________


41

8. ACTIVITY (WORK) SCHEDULE

(a). Field Investigation and Study Items

[1st,2nd,etc, are months from the start of assignment)

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Activity (Work)

(b). Completion and Submission of Reports (See Terms of Reference)

Reports Date

1

2

3

4


42

SECTION IV: - FINANCIAL PROPOSAL

Notes on preparation of Financial Proposal 4.1 The Financial proposal prepared by the consulting firm(s) should list the

costs associated with the assignment. These costs normally cover remuneration for staff, subsistence, transportation, services and equipment, printing of documents, surveys and any other items that may be applicable. The costs should be broken down to be clearly understood by the Client.

4.2 The financial proposal shall either be in Kenya Shillings, US Dollar or Euro and shall take into account the Consulting Firm(s) liability and cost of insurances specified in the request for proposal.

4.3 The financial proposal should be prepared using the Standard forms provided in this part

4.4 The financial proposal should show separately the following costs;

I. Head office staff – Responsible for project management and design reviews

II. Site based staff – Responsible for supervision of site construction works, management of defects liability period and transfer of knowledge

III. Reimbursable costs


43

SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS

Table of Contents

Page

1. Financial proposal submission Form

2. Summary of costs

3. Breakdown of price per activity

4. Breakdown of remuneration per activity

5. Reimbursable per activity

6. Miscellaneous expenses


44

1. FINANCIAL PROPOSAL SUBMISSION FORM

________________[ Date]

To: ______________________________________

______________________________________ ______________________________________

[Name and address of Client] Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for (____________)

[Title of consulting services] in accordance with your Request for Proposal dated (__________________) [Date] and our Proposal. Our attached Financial Proposal

is for the sum of (_________________________________________________________________) [Amount in words and figures] inclusive of the taxes.

We remain,

Yours sincerely,

_____________________________[Authorized Signature] :

_____________________ [Name and Title of Signatory]:

_______________________ [Name of Firm] ______________________ [Address]


45

2. SUMMARY OF COSTS

2.1 Overall Costs Summary

No. Description Currency Amount

1. Sub-total (Lumpsum plus Time-

based components)

2. Taxes

3 Grand Total Amount of Financial Proposal (inclusive of all applicable

taxes)

2.2 Lumpsum Component


1. Remuneration

2. Reimbursables

3. Miscellaneous

4. Sub-Total

5. Taxes

6. Sub-Total for Lumpsum Component

2.3 Time-Based Component


1. Remuneration

2. Reimbursables

3. Miscellaneous

4. Sub-Total

5. Taxes

6. Sub-Total for Time-based

Component


46

3. BREAKDOWN OF PRICE PER ACTIVITY

3.1 Activity Description – Phase I – Project implementation (Design Reviews by

Consultant head office)

No. Item Description Currency Amount

1. Remunerations

2. Reimbursables

3. Miscellaneous Expenses

3. Sub-Total

3.2 Activity Description – Phase I – Project implementation (Supervision of site

Construction Activities)


1. Remunerations

2. Reimbursables


4. Sub-Total

3.3 Activity Description – Phase II – Management of Defects Liability Period


1. Remunerations

2. Reimbursables


4. Sub-Total

3.4 Activity Description – Phase III – Transfer of Knowledge


1. Remunerations

2. Reimbursables


4. Sub-Total


47

4. BREAKDOWN OF REMUNERATION PER ACTIVITY



No. Designation Staff Name Estimated

Total Man-

Hours for

the project

Duration

Rate

(Consultant

to indicate

the

currency)

Amount

1. Project Manager 990

2. Civil/structural

Design Engineer

1,320

3. Electrical Design

Engineer

1,320

4. Electrical Power

System Protection

Design Engineer

1,320

5. Mechanical Design

Engineer

1,320

6. Process Design

Engineer

1,320

7. Instrumentation and

Control Design

Engineer

1,320

Sub-Total for Design Reviews by Consultant’s Head Office


48



No. Designation Staff Name Estimated

Man-

Months

(Duration

during

which the

expert will

be at site)

Rate

(Consultant

to indicate

the

currency)

Amount

1. Site Project Manager 33

2. Site Contracts and

Commercial Manager

33

3. Site Civil/structural

Team Lead

33

4. Civil/structural expert 33

5. Site Electrical Team

Lead

25

6. Site Electrical

Powerplant/substation

Expert

33

7. Site Electrical

Steamfield expert

33

8. Site Mechanical

Team Lead

30

9. Site Mechanical

powerplant/steamfield

expert

33

10. Site Instrumentation

and Control team lead

24


and Control Expert

33

12. Site Quantity

surveyor

33

13. Site ESH Expert 33

Sub-Total for Supervision of site Construction Activities


49


No. Designation Staff Name Man-

Months

allocated to

expert for

(DLP)

Rate

(Consultant

to indicate

the

currency)

Amount


2. Site Contracts and

Commercial Manager

3


Team Lead

2

4. Civil/structural expert 4


Lead

3

6. Site Electrical

Powerplant/substation

Expert

4

7. Site Electrical

Steamfield expert

0

8. Site Mechanical

Team Lead

3

9. Site Mechanical

powerplant/steamfield

expert

4


and Control team lead

3


and Control Expert

4

12. Site Quantity

surveyor

5

13. Site ESH Expert 2

Sub-Total for Management of Defects Liability Period


50


No. Designation Staff Name Man-

Months

allocated to

expert for

Transfer of

Knowledge

Rate

(Consultant

to indicate

the

currency)

Amount



Team Lead

1


Lead

1

4. Site Mechanical

Team Lead

1


and Control team

lead

1

Sub-Total for Transfer of Knowledge


51

5. REIMBURSABLES PER ACTIVITY



No. Description Unit Quantity Unit Price

(Consultant to

indicate currency)

Amount

1. International Flights Trip

2. Miscellaneous Travel

Expenses

Trip

3. Subsistence Allowance Day

4. Local Transportation

Costs

5. Office Rent,

Accommodation or

clerical assistance

6. Sub-Total for reimbursables for Design Reviews by Head Office

Staff




(Consultant to

indicate currency)

Amount



Expenses

Trip



Costs

5. Office Rent,

Accommodation or

clerical assistance

6. Sub-Total for reimbursables for Supervision of Site Construction

Activities


52



(Consultant to

indicate currency)

Amount



Expenses

Trip



Costs

5. Office Rent,

Accommodation or

clerical assistance

6. Sub-Total for reimbursables for Management of Defects Liability

Period



(Consultant to

indicate currency)

Amount



Expenses

Trip



Costs

5. Office Rent,

Accommodation or

clerical assistance

6. Sub-Total for reimbursables for Transfer of Knowledge


53

6. MISCELLANEOUS EXPENSES




(Consultant to

indicate currency)

Amount

1. Communication costs

(telephone, telegram,

telex)

2. Drafting, reproduction

of reports

3. Administrative support

services (Back office)

4. Software Costs

5. Sub-Total for miscellaneous expenses for Design Reviews by Head

Office Staff




(Consultant to

indicate currency)

Amount



telex)


of reports



4. Software Costs

5. Sub-Total for miscellaneous expenses for Supervision of Site

Construction Activities


54



(Consultant to

indicate currency)

Amount



telex)


of reports



4. Software Costs

5. Sub-Total for miscellaneous expenses for Management of Defects

Liability Period



(Consultant to

indicate currency)

Amount



telex)


of reports


services (Back office).

4. Software Costs

5. Sub-Total for miscellaneous expenses for Transfer of Knowledge


55

SECTION V: - TERMS OF REFERENCE

1. BACKGROUND

Kenya Electricity Generating Company PLC (KenGen) intends to undertake

rehabilitation of Olkaria I 45MW geothermal power plant in order to enhance power output for another 25-years and improve efficiency. The project entails upgrading or replacement of existing: -

i. Well pad, vent station, and demisters (steam separators) ii. Turbine/generator,

iii. Cooling tower and auxiliary systems, iv. Condenser and seal pit, v. Electrical systems and balance of plant

The project is packaged into one lot, incorporating Steam-field Rehabilitation,

Power Plant and HV Substation Rehabilitation - Civil, Electrical and Mechanical EPC Contract). The scope of the contract is as detailed hereunder:

a. Steam-field rehabilitation Section

The objectives of this section is to rehabilitate and upgrade the steam gathering system such as well-pads and steam lines, vent station, and the separator stations (demisters) for processing steam from the wells and delivering it to the

power plant boundary and to dispose the separated brine to the reinjection wells.

This section shall constitute supply, installation and testing of the Steam-gathering/transmission system from the wells to the new power stations and

for conveying the condensate for reinjection to the reinjection wells using both hot and cold reinjection. It shall include the following:

(i) Upgrade and rehabilitate the existing Well Pad Power & Instrumentation

by installing AC electrical power (for lighting or auxiliary power usage)

and Instrumentation and control (I&C) system (ii) Rehabilitation of well pad lighting and flow measurement orifices and

Differential Pressure (DP) transmitters and pressure gages and

transmitters (iii) Supply and installation of bi-phase transmission pipelines, the separator

stations, the steam pipelines, manifold and vents system including the interface to the power plant.

(iv) Rehabilitation of well pad columns, pipe supports and shoes (anchors)

(v) Replacement of damaged and vandalized steamfield insulation and cladding

(vi) Supply and installation of a new steam vent station and rock muffler and

installation of flanges on the isolation valves upstream and downstream (vii) Rehabilitation and or replacement of the I&C panels of each of the rock

mufflers (viii) Rehabilitation of the security lighting to rock muffler structures


56

(ix) Rehabilitation of steam scrubbers with spray wash system to remove condensates and particulates in the steam gathering system.

(x) The contract will include all the associated civil and structural works to be undertaken for the rehabilitation and installation.

The contract will be executed as follows

a) There shall be no concept design nor detailed design, or preparation of Bills of Quantities etc. since the works have already been executed under a separate contract.

b) The construction contract will be an EPC Contract. c) The consultant will amongst other tasks be responsible for:

i. Risk analysis and propose mitigation measures ii. Review EPC Contractor’s program for Works and make appropriate

recommendations to ensure completion of works is achieved within the

contractual period iii. Management of the EPC Works Contract

iv. Review Contractor’s applications for payment and prepare Payment Certificates

v. Review and approval of the detailed designs submitted by the EPC

Contractor vi. Review and approval of the construction and installation method

statements submitted by the EPC Contractor

vii. Supervise the equipment installation, site testing and commissioning viii. Review the site tests results as submitted by the EPC Contractor to

ensure compliance with the Employer’s technical specifications and requirements

ix. Review the As-Built Drawings and documents submitted by the EPC

Contractor to ensure compliance with Employer’s requirements x. Review the Operations & Maintenance manuals and documents as

submitted by the EPC Contractor for compliance with Employer’s

requirements

The units may be rehabilitated one at a time. It is the intention of the employer to maintain part of the steamfield operational so as to supply steam to the other operational unit/s. As the existing steam gathering system will be in operation,

it is assumed that:

• The consultant shall review the EPC Contractor’s overall schedule for the steamfield rehabilitation including the interfaces between the three

activities of (i) steam field rehabilitation (construction activities), (ii) HV substation rehabilitation works, installation, testing and commissioning and (iii) power plant rehabilitation, installation, testing and

commissioning that will be taking place by different teams consecutively and simultaneously.

• All design reviews and necessary site design changes shall be carried out by the Consultant’s staff at site. These reviews and site changes shall be undertaken by a team incorporating consultant’s site engineers as well as

client’s respective engineers. As part of the client’s efforts to ensure hands


57

on and practical design knowledge is transferred to the staff carrying out the project, the client intends to nominate 2 staff members that will be

incorporated in the team carrying out these design reviews and changes. The consultant shall therefore allow as part of his site team, this

requirement.

• The Consultant shall be required to review and recommend to the Employer on any modifications which had originally been overlooked but which might be crucial in proper implementation of the project and operation of the plant. This shall include recommendations from the

Employer.

b. Power Plant and HV Substation Rehabilitation - Civil, Electrical and Mechanical Section

This Section shall constitute the Power Plant and HV substation including all Civil, Structural, Electrical, Mechanical, Control and Instrumentation works for

the rehabilitation and upgrade of the 3x15MW units at Olkaria I power plant.

This construction section shall include necessary design and supply, installation, testing and commissioning in order to realize the following among others:

- Redesign and replace Turbine and Generator to maximize steam

utilization.

- A new cooling tower in existing basin, cooling water systems, compressed air system, treatment systems for circulating and cooling water

- Condensers to be cleaned, plugged or damaged nozzles replaced and seal pit and barometric leg fixed or repaired with FRP piping.

- Replacement of Seal water pumps to provide cooling water to the Liquid

Ring Vacuum Pumps (LRVP’s) which shall also be replaced, flash pipes and the after condenser for quenching of the NCG’s before they are

extracted to the cooling tower. - Blow-down re-injection system, steamfield control valves and remote

connected instrumentation;

- New main generator 11kV circuit breakers, 3.3kV and 0.415kV switchboards with wellhead distribution system

- Supply of new generator transformers for feeding generated power into

the grid system. All other transformers, DC and secure AC systems, Electrical control/mimic panel, control and instrumentation;

- New electrical protection relays and control system to be installed - Upgrade the HVAC system to provide H2S filtration of the conditioned air

supplied to the control and electrical rooms. Provide a 2x100% system to

provide redundancy. - Supply of a new diesel generator and fire-fighting system, turbine hall

and workshop cranes

- Supply of a new DCS system for the Steamfield and the power plant. Measurement devices for each turbine shall be connected with the DCS

system with instantaneous and totalizing displays as necessary.


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- The power plant to be integrated to the Remote-Control Center Room (RCCR) at Olkaria IAU power plant for remote monitoring and control

- Rehabilitation of the existing 132kV HV substation & switchgear for evacuation of power from Olkaria I power plant. This work includes

modification of the existing HV substation electrical protection system to enable the rehabilitated facilities integrate with existing grid

- All civil works associated with the rehabilitation of the HV substation

The objective of this contract is to rehabilitate the turbines so that each unit will be generating upwards of 16.9MW gross, using the available 500Tons/hr

of steam and a net plant steam rate of 7.8 kg per KWhr. With needed modifications, the plant availability is expected to stay at 93% or greater for

the next 25-years. The plant will receive steam at the power plant boundary, to be defined by the EPC contractor, convert the steam energy into electricity through the generator/s, ready for step-up and transmission to the national

grid. This section will be executed as follows: a) There shall be no concept design nor detailed design, preparation of

Bills of Quantities etc. since this scope has already been executed under a separate contract.

b) The construction contract will be Engineer, Procure and Construct

(EPC) type; c) The consultant will amongst other tasks be responsible for:

i. Risk analysis and propose mitigation measures

ii. Review EPC Contractor’s program for Works and make appropriate recommendations to ensure completion of works is

achieved within the contractual period iii. Management of the EPC Works Contract iv. Review Contractor’s applications for payment and prepare

Payment Certificates v. Review and approval of the detailed designs submitted by the

EPC Contractor

vi. Review and approval of the construction and installation method statements submitted by the EPC Contractor

vii. Supervise the equipment installation, site testing and commissioning

viii. Review the site tests results as submitted by the EPC

Contractor to ensure compliance with the Employer’s technical specifications and requirements

ix. Review the As-Built Drawings and documents submitted by the EPC Contractor to ensure compliance with Employer’s requirements

x. Review the Operations & Maintenance manuals and documents as submitted by the EPC Contractor for compliance with Employer’s requirements.

To this end, KenGen intends to engage the services of a consultant for

supervision of the construction works.


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The Consultancy contract will be of lump sum for head office works and time based for site works based on estimated time of engagement. It is

estimated that the Contract shall take 33 Calendar months which include 19 months for shut down of plant as part of the 33 months. An estimated total

of about 452 professional person months shall be for the following activities: A. Lumpsum activities

The lumpsum activity is for all Head Office staff and includes all overheads for the following activities:

Phase Activity Period

(Months)

Remarks

i Overall project

administration and management

33 This is the estimated duration

for execution of the site works

ii. Design reviews 33 Review of EPC Contractors designs is expected to continue for the duration of the site

works. However, majority of the design reviews are expected to

be completed within the first 18-months of the EPC Contract

iii. Management of

Defects Liability Period including

project closure

12 This is the duration for DLP

including preparation of final accounts

B. Time Based activities The Time based activities shall only apply to site staff and includes all overheads for the following activities:

Phase Activity Period

(Months)

Remarks

i. Supervision of

Construction Works, Site Acceptance Testing &

Commissioning

33 This is the estimated duration

for execution of the site works

ii. Management of

Defects Liability Period including project closure

12 Specific experts have been

allocated respective man-months during which they may be required at site during

the DLP

iii. Knowledge Transfer To be carried out in parallel

with supervision of construction works, Site Acceptance Testing and

commissioning works


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The Consultant shall act as the Owner’s Engineer during the project implementation for contract.

The total project consultancy period will be approximately Forty-Five (45) months.

2. OBJECTIVES

The objectives for the Consultancy Services assignment include the following:

i) Project management; ii) All project related Construction works supervision;

iii) Facilitating and Training of the Employer’s staff.

3. SCOPE OF SERVICES

The Consultant shall endeavour to collate, gather, compile, review all the project documents and ascertain all information both from within and

outside sources so as to be in a position for an output that is able to deliver optimum benefits to the Employer. No liability shall be placed on the employer for omissions, commissions and failure by the Consultant to verify

and ascertain the accuracy and/or appropriateness of information provided by the Employer.

Phase I: Project Implementation

This is a time-based contract for site activities and lump-sum contract for head office assignment based on estimated time for implementation of project. The Consultant shall;

a) Review the Contractor’s detailed project control program based on

Critical Path Method (CPM) together with bar charts, curves and detailed

reports of critical activities, percentage completion, interface points, etc. for design, procurement and construction of the civil, mechanical and

electrical works.

b) Prepare and continuously review the Project Risk management and

Project Execution plans. The Consultant shall assist the Employer in identifying risks in earlier phases of the project cycle and defining risk

mitigation measures.

c) Coordinate work on activities to be undertaken by the Employer

including approval of all engineering and design related construction. This includes design review for the Works.

d) Review and approve EPC Contractor’s site construction drawings, facilitate site discussions with Contractor on the construction drawings


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as submitted and make appropriate changes where necessary to suit site construction after getting authorization from the Employer.

e) Review and approve Contractor’s design information, drawings,

calculations and reports for compliance with Specifications, codes and standards, and sound engineering practice for the EPC Works in consultation with the Employer.

f) Assist, support, co-ordinate, supervise, make decisions and issue

instructions for all engineering and design related to the construction

activities to ensure compliance to required specifications, quality assurance and safety of the project in consultation with the Employer.

g) Provide suitably qualified site staff to supervise the construction,

installation, testing and commissioning of the works and approving all

tests including but not limited to performance tests and the pressure testing of vessels using the applicable international standards.

h) Examination/Review and approval of the contractor’ design proposals

for compliance with specifications, and with the objective of ensuring

compatibility with and interface between various sections of the Works. The site staff should be able on their own to undertake design reviews and make recommend changes as necessary to suit site construction

conditions for all the Works. Any changes to be approved with consent of the Employer.

i) In addition, provide qualified staff to provide environmental support and

administration roles including safety supervision and Contract

Administration.

j) Examine and approve the contractor’s design information, drawings and

reports for compliance with specifications, codes and standards, and sound engineering practice.

k) Examine and approve the contractor’s energy efficiency strategy

including proposed specifications, codes and standards to ensure it

conforms to best engineering practice. Coordinate energy efficiency studies and audits as necessary and ensure that suitable reports are

produced.

l) Issue all necessary instructions to the contractor, after getting consent

from the Employer.

m) Inspect and witness Factory acceptance testing during manufacture of

electrical, mechanical machinery, process equipment and plant before shipment for incorporation in the works. Ensuring that relevant and

adequate knowledge transfer for the Employer’s staff are carried out at manufacturers' premises.


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n) Monitor the progress of the project and update implementation schedules. Update costs, project cash flow requirements and prepare

reports to the Employer at regular intervals in agreed formats. Prepare monthly, quarterly and annual or other regular reports as required by

the Employer, Financiers and other stakeholders.

o) Hold regular meetings with the Employer and contractors to review the

implementation progress. Prepare and distribute minutes of such meetings.

p) Upon evidence of possible or impeding negative impact on project schedule, cost, integrity, quality and progress, propose and ensure

implementation of remedial measures are achieved in consultation with the Employer as necessary.

q) Identify potential opportunities for contractor’s claims against the Employer and take immediate remedial action to forestall such claims.

Report the same to the Employer.

r) Receive and verify Contractor’s invoices, issue certificates for payment

according to the conditions of the contract for works, and advising the Employer when payments are due. All invoices and the necessary backups shall have a soft copy forwarded to the Employer immediately

the Consultant receives them. Approved payment certificates shall be forwarded later to the Employer.

s) Prepare change orders/variations and evaluate claims, if any, in

accordance with the provisions of the contract.

t) Arrange for review and delivery to KenGen on completion of the works

such records as as-built drawings, manufacturers’ manuals and

Operation and Maintenance (O & M) manuals as are necessary to enable the Employer to operate and maintain the facilities. Ensuring that

relevant and adequate operation and maintenance training programs for Employer’s staff are carried out at site.

u) Provide both site and home office-based staff during the 12 months plant guarantee period to meet Employer’s requirements.

v) On completion of the works, issue Performance Certificates and

Takeover Certificates .Project Completion Reports shall be expected from

the consultant within 3 months after TOC.

w) Provide the Employer with relevant technical and financial reports,

which may be required from time to time.

x) Assess adequacy of spares and consumables provided by the contractor to support the project operation of the steam fields, the power plant, the substations and the transmission systems. At the same time review the


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recommended list of spares and tools provided by the contractor and advice the client accordingly.

y) Assess the adequacy of training materials and time prepared by the

Contractor to enable the operations and maintenance staff to take over and safely operate the Steam-fields, Power plant, substation and HV transmission line.

z) Establishment, review and update of project management system,

including Risk Management and Hazard and Operability (HAZOP) study,

and procedures to monitor and control the cost and time schedule to enable timely corrective measures,

aa) Arrange for orderly and timely transfer of all intellectual property

accruing from the project to the Employer who remains the owner of the

same and retain the right to use it at will without further reference to any party except where specifically agreed. This will include design data,

calculations and reports; drawings and their basis; etc. The property will be provided in both hard and soft (in USB Flash disk) format.

bb) Coordinate and ensure smooth and formalize the takeover of the project by the Operations and Maintenance staff.

cc) Assist the Employer in Preparation of various reports as may be required by Financiers and other stakeholders during all phases of the

Project.

dd) The employer shall provide rights of an established information

management system to the consultant and therein the consultant shall utilize the same for all project information and data.

Phase II: Defects Liability Phase

a) Put in place tools for capturing defects during the defects liability period and communicating the same to the contractor for action.

b) Ensure that all defects are addressed to the satisfaction of the Employer’s staff and as per the contract/s.

Phase III: Transfer of Knowledge 1. SITE STEAMFIELD TRAINING.

The consultant shall facilitate the specialized trainings alongside O&M

trainings to be delivered by the contractor. It is recommended that the

trainings shall run across O&M for the plant, HV Substations, MV

distribution Line for steamfield supplies , Steamfield geothermal steam

gathering system and any other necessary training. The content of the


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training shall be prepared by the contractor, reviewed by the consultant

and approved by the employer

2. OTHER TRAININGS

The Consultant will be expected to coordinate on-the-job training to the

Employer’s Project Team members at site and overseas as follows: Training Stage Number of

Employer Staff

Location Duration (Days)

Design review of power plant detailed design drawings at Contractor’s office

Construction Supervision

4 Overseas 10

Design review of the HV Substation & Transmission

Lines detailed design drawings at Contractor’s office

Construction Supervision

4 Overseas 10

Design review of the detail designs of the steamfield and

power plant at Contractor’s office

Construction supervision

4 Overseas 10

The Consultant will propose training approaches and methods to undertake these tasks.

The Consultant will include all his costs, necessary to carry out the training in their Financial Proposal, including time, overseas economy air travel, office

space, training materials, e-mail service, overseas transport and local expenses.

The Consultant shall make arrangement for adequate on-the-job training at site, and the appraisal of counterpart personnel on a half yearly basis with a format to be agreed on with the Employer

The Consultant will propose training approaches and methods to undertake this task.

4. FACILITIES AND COUNTERPART PERSONNEL TO BE PROVIDED

The following office facilities will be provided near the site;

(i) Four furnished container offices at Olkaria Sites with desks and

chairs. The consultant shall provide office equipment, such as telephone, fax, computers, printers and internet-based systems.

Provision of all office services including security, cleaning, maintenance, provision of potable water, electricity bills, stationery, etc. shall also be the Consultant’s responsibility.

(ii) One container with fixed shelves shall be provided for document storage.

Alternatively, an office block with 4 rooms shall be given within 3 Km distance.


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(a) The Consultant is made aware that the provision of the following

facilities/services shall be their responsibility:

The provision of all vehicles and transport arrangements on site.

Medical arrangements.

Accommodation of the consultant staff and any other related requirements.

Maintenance of security and cleanliness in and around the facilities occupied by their staff and the entire office building.

In addition, the Consultant is made aware that the Contractor and the Employer are not obliged to provide any recreational facilities at the

Olkaria Site for the Consultant’s personnel. In the event that no such facilities are provided, or should the Contractor choose not to allow the Consultant to make use of their facilities, the Consultant will need to

make their own arrangements in this regard.

(b) The following KenGen staff will be provided as counterpart staff. They will join the Consultant team mainly for supervision of construction and equipment installation.

i) Steamfield Engineer (1) ii) Electrical Engineer (1)

iii) Mechanical Engineer (1) iv) Civil Engineer (1)

v) Instrumentation & control Engineer (1)

Additional staff may be attached to the Consultant on agreement with the

Employer for training purposes.

5. REPORTING

i) Monthly Progress Reports to be prepared in a format to be agreed

with the lending institutions and Employer and also availed in soft copy.

ii) Prepare and maintain a Combined plan of works schedule (in

Primevera P6 or other equivalent software) for all the Works based on

critical activities (hard copy and soft copy). Additionally, also cause the execution contractor to prepare and maintain a works schedule

as required in the contract.

iii) Quarterly reports on Environmental Monitoring and Management

during Construction and submitted in soft copies

iv) Operation and Maintenance Manuals (8 copies)

v) As-Built drawings (8 copies)


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vi) Project Completion Reports (5 copies)

vii) The Consultant shall assist the Employer to prepare various reports and documents requested by the financiers and other stakeholders

from time to time

In addition to the hard copies, all the reports shall also be provided on soft copy/USB Flash Disk on suitable software. The As-Built drawings shall also be provided in transparencies.

The consultant shall also allow KenGen Project staff to have access to all the

design documents for purposes of information, review and comments. The consultant shall take into account the review comments from the employer.

6. IMPROVEMENT OF TOR

The Consultant may offer suggestions and improvements in the Terms of Reference, which they consider would result in better implementation of the

project. Such proposals if accepted will form part of the Terms of Reference of the proposals submitted by the consultant. The effect on time and cost estimates given under the above clause shall be clearly identified.


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SECTION VI:

CONTRACT FOR CONSULTANCY SERVICES

between

KENYA ELECTRICITY GENERATING COMPANY PLC.

and

[Name of the Consultancy Firm]

Dated:


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CONTRACT AGREEMENT

THIS AGREEMENT made on the _________ day of _____________ 2014 between Kenya Electricity Generating Company PLC of P.O. Box 47936 - 00100 Nairobi,

Kenya (hereinafter called the “Client”) of the one part and __________________ of P.O. Box _______________________ (hereinafter referred to as the “CONSULTING FIRM(S)”) of the other part:

WHEREAS the Client invited bids for the Consultancy Services for OLKARIA I Units 1, 2 & 3 Rehabilitation Power Project and the Consulting Firm(s)

accepted to provide these services for a consideration of a sum of _________________________________ (________) inclusive of all applicable taxes

(hereinafter called “the Contract Price”). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

as are respectively assigned to them in the Conditions of Contract referred to.

2. The documents in this section shall constitute an integral part of the Contract and shall be interpreted in the following order of priority;

(a) This Contract Agreement; (b) The Client’s Notification of Award and Letter of Acceptance;

(c) Special Conditions of Contract and Appendices; (d) General Conditions of Contract; (e) Client’s Request for Proposal; and

(f) Consulting Firm(s) Proposal.

3. In consideration of the payments to be made by the Client to the

Consulting Firm(s) as hereinafter mentioned, the Consulting Firm(s) hereby covenants with the Client to provide the services and to remedy defects therein in conformity in all respects with the provisions of the

Contract. 4. The Client hereby covenants to pay the Consulting Firm(s) in

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

under the provisions of the Contract at the times and in the manner prescribed by the Contract.

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

written. Signed by, for and on behalf of the Client


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: ________________________________________________ Managing Director & CEO

Kenya Electricity Generating Company PLC. In the presence of:-

: ___________________________________________ Company Secretary, Legal & Corporate Affairs Director

Kenya Electricity Generating Company PLC.

Signed by, for and on behalf of the CONSULTING FIRM(S)

Name: _________________________________________________ Title: _____________________________________________________

(Consultancy services Firm) in the presence of

Name: _________________________________________________ Title: _____________________________________________________

(Consultancy services Firm)


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I. SPECIAL CONDITIONS OF CONTRACT

Below are the Special Conditions of Contract with reference to the General

Conditions of Contract.

GCC reference Clause

Special Conditions of Contract (SC)

1.1 (a) The Contract shall be interpreted in accordance with the laws of

Kenya

1.1 (b) The following documents shall form the Contract and shall be interpreted in the following order of priority:

(a) This Contract Agreement; (b) The Client’s Notification of Award and Letter of Acceptance;

(c) Special Conditions of Contract and Appendices; (d) General Conditions of Contract; (e) Client’s Request for Proposal; and

(f) Consulting Firm(s)’s Proposal.

1.1 (c) The Contract Price is made up of: a lump-sum component of______________________________________ and (i) A time-based component of up to a ceiling of

_______________________________

1.1 (s) The Client is Kenya Electricity Generating Company PLC of Stima Plaza, Kolobot Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi.

The Consulting Firm(s) is _______________________________

______________________________________________ ______________________________________________

1.1 (t) “day” means calendar day and “year” means 365 days.

1.1 (u) “Reimbursable (at cost)” means a mode of payment which shall be

reimbursed in accordance with the amount actually spent by the Consultant within the ceiling. The Consultant shall attach the receipts to the invoices.

1.4 The Contract shall be written in English language. All correspondence and other documents pertaining to the Contract

which are exchanged by the Parties shall be written in the English language.

1.6.1 The Client’s address for purposes of notice is:


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The Company Secretary, Legal & Corporate Affairs Director

Kenya Electricity Generating Company PLC, Stima Plaza, Kolobot Road, Parklands,

P.O. BOX 47936 - 00100 GPO, Nairobi.

Attention: Mr. Paul Ndungi

Facsimile: 254 20 2248848 The Consulting Firm(s) address for purposes of notice is:

___________________

___________________ ___________________ ___________________

Attention: _________________

Email: ______________________

Notices will be deemed to be effective as follows: (a) in the case of personal delivery, on delivery;

(b) in the case of registered mail, seven (7) business days following dispatch;

(d) in the case of facsimiles, one (1) business day following confirmed transmission.

1.6.2 A notice shall be effective when delivered or on the notices effective date, whichever is later.

1.8 The Member in Charge for purposes of this Contract shall be

_____________

1.9 Authorized representatives shall be the respective duly designated representatives of the Client or the CONSULTING FIRM(S) as listed

below and as may be communicated in writing from time to time. CONSULTING FIRM(S) Authorized representative is

________________________ ________________________________________________

________________________________________________ ________________________________________________

Clients Authorised representative is:


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The Managing Director & Chief Executive Officer or a designated

representative as communicated from time to time.

1.10 The CONSULTING FIRM(S) shall be responsible for all applicable

taxes

1.10 (a) Value Added Tax is applicable on the local portion. Withholding tax shall be deducted from the contract price in

accordance with the laws of Kenya.

2.1 The Effective Date shall be the date upon which both parties sign the Contract.

In the event that the Contract is signed on different dates the later date shall be applicable.

2.3 The Commencement Date shall be the Effective Date.

2.4 This Contract shall remain in force for forty five (45) months from Commencement Date but may be extended by the Client by written

notice to the Consultant.

3.4 (a) Except in case of gross negligence or wilful misconduct on the part of the Consulting Firm(s) or on the part of any person or firm

acting on behalf of the Consulting Firm(s) in carrying out the Services, the Consulting Firm(s) to the Client’s property shall not be

liable to the Client: (i) For any indirect or consequential loss or damage; and

(ii) For any direct loss or damage that exceeds (A) the total

payments for professional fees and reimbursable expenditures made or expected to be made to the Consulting Firm(s) hereunder, or (B) The proceeds the

Consulting Firm(s) may be entitled to receive from any insurance maintained by the Consulting Firm(s) to cover such a liability (which is limited to a maximum of 110% of

the Contract ceiling amounts), whichever of (A) or (B) is higher.

(b) This limitation of liability shall not affect the Consulting Firm(s)liability, if any, for damage to Third Parties cause by the

Consulting Firm(s)or any person or firm acting on behalf of the Consulting Firm(s) in carrying out the Services.’’

3.5 The risks and coverage shall be:

(i) Employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consulting Firm(s) and of any

Sub- Consulting Firm(s), in accordance with the relevant provisions of the Applicable Law; and


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(ii) Professional liability insurance – at least 110% of the Contract

Price;

(iii) Insurance against Loss or damage to

(a) the Consulting Firm(s’) property used in the performance of

Services, and

(b) Any document prepared by the Consulting Firm(s) in the

performance of the Services.

(c) Equipment given to the Consulting Firm(s) by the Client for

the performance of the Services.

4.5 If and when the Consultant considers it necessary to work outside normal working hours or on Public Holidays and Sundays so as to meet the Time for Completion, there has to be prior written consent

of the Client to authorize such Works. The Client will not unreasonably deny such a request to work outside the normal

working hours.

4.9 At any given time both the Site Project Manager and the Contract &

Commercial Manager shall not be away from site at the same time. Either one or both shall always be present at site to take charge of the Works.

6.3 (i) Payment shall be made within Sixty (60) days upon receipt of the Consulting Firm(s) invoice.

(ii) The payment for off-site (head office based) experts shall

constitute part of the lumpsum component of the Contract Price

and shall be paid according to the following schedule and milestones:

No. Milestone % Payment Remarks

1. Review and approval of EPC Contractor's design drawings

20% Six (6) months after commencement of the EPC Contract

2. Review and approval of EPC Contractor's

design drawings

20% Twelve (12) months after commencement

of the EPC Contract

3. Review and approval

of EPC Contractor's design drawings

20% Eighteen (18) months

after commencement of the EPC Contract

4. Review and approval of EPC Contractor's design drawings

15% Upon Commissioning of first unit

5. Review and approval of EPC Contractor's

design drawings

15% Upon Commissioning of second unit


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6. Review and approval

of EPC Contractor's design drawings

10% Upon Commissioning

of third unit

The financial proposal shall have distinct costs as per the milestones above.

(iii) The payment for on-site experts shall constitute the time-based

component of the Contract Price shall be paid as follows:

(a) Subject to the ceilings specified in Clause SC 1.1(c)(ii) hereof,

the Client shall pay to the Consulting Firm(s) (i) remuneration

as set forth in Clause GC 6.3(iii)(b), and (ii) reimbursable expenditures as set forth in Clause GC 6.3(iii)(c).

(b) Remuneration for the Personnel shall be determined on the

basis of time actually spent by such Personnel in the

performance of the Services after the date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or such

other date as the Parties shall agree in writing).

(c) Reimbursable expenditures actually and reasonably incurred

by the Consulting Firm(s) in the performance of the Services, as specified in Clause SC 6.3 (iii)(b).

(d) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the

Consulting Firm(s)’ home office and directly attributable to the Services (one hour being equivalent to 1/176th of a month) and on a calendar-day basis for time spent away from home office

(one day being equivalent to 1/22nd of a month).

(iv) The Consulting Firm(s) bank accounts for purposes of payments are:

for foreign currency payments: [insert account] for local currency payments: [insert account]

6.4 (i) Remuneration for foreign Personnel shall be paid in foreign currency and remuneration for local Personnel shall be paid in local currency.

(ii) The reimbursable expenditures in foreign currency shall be the

following:


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(a) Per diem allowance for each of the foreign or local Personnel for

every day in which such Personnel shall be absent from his home office and shall be outside the country for the purpose of the Services at the daily rate specified in Appendix ____;

(b) Cost of international transportation of the foreign Personnel by

the most appropriate means of transport and the most direct

practicable route to and from the consulting firm(s)’ home office; in the case of air travel, this shall be by less than first

class;

(c) Cost of communications (other than those arising in Kenya)

reasonably required by the Consulting Firm(s) for the purposes of the Services;

(d) Cost of printing, reproducing and shipping of the documents,

reports, drawings, etc. specified in Appendix _________;

(e) Cost of training of the Client’s personnel outside Kenya, as

specified in Appendix ___;

(f) Cost of laboratory tests on materials, model tests and other

technical services authorized or requested by the Client, as specified in Appendix ___; and

(g) Cost of items not covered in the foregoing but which may be required by the consulting firm(s) for completion of the

Services, subject to the prior authorization in writing by the Client.

(iii)The reimbursable expenditures in local currency shall be the following:

(a) Per diem allowance at a rate in local currency equivalent to the rates specified in Appendix ___ per day, for each of the short-

term foreign Personnel (i.e., with less than thirty six (36) months consecutive stay in Kenya) for the first ninety (90) days during which such Personnel shall be in Kenya;

(b) Per diem allowance at a rate in local currency equivalent to the

rates specified in Appendix ____ month, for each of the short-

term foreign Personnel for each day in excess of ninety (90) days during which such Personnel shall be in Kenya;

(c) Living allowance for each of the long-term foreign Personnel

(thirty six (36) months or longer consecutive stay in Kenya) at

the rates specified in Appendix _____;


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(d) Cost of the following locally procured items: local

transportation, office accommodations, camp facilities, camp services, subcontracted services, soil testing, equipment rentals, supplies, utilities and communication charges arising

Kenya, all if and to the extent required for the purpose of the Services, at rates specified in Appendix _____;

(e) Cost of equipment, materials and supplies to be procured locally in Kenya as specified in Appendix _____;

(f) Local currency cost of any subcontract required for the Services

and approved in writing by the Client; and

(g) Cost of such further items as may be required by the consulting

firm(s) for the purpose of the Services, as agreed in writing by the Client.

6.5 Billings and payments in respect of the Services shall be made as follows:

(a) The Client shall cause to be paid to the consulting firm(s) an

advance payment as specified in the SC 6.3. The advance

payment will be due after provision by the consulting firm(s) to the Client of a bank guarantee by a bank acceptable to the Client in

an amount specified in SC 6.3 and in a currency (or currencies) of the Contract, such bank guarantee (i) to remain effective until the advance payment has been fully set off as provided in the SC 6.3,

and (ii) to be in the form set forth in Appendix _____ hereto or in such other form as the Client shall have approved in writing.

(b) As soon as practicable and not later than fifteen (15) days after the end of each calendar month during the period of the Services,

the consulting firm(s) shall submit to the Client, in duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and other appropriate supporting materials, of the

amounts payable pursuant to Clauses SC 6.3 and 6.4 for such month. Separate monthly statements shall be submitted in respect of amounts payable in foreign currency and in local

currency. Each such separate monthly statement shall distinguish that portion of the total eligible costs which pertains

to the lumpsum component from that portion which pertains to the time-based component.

(c) The Client shall cause the payment of the consulting firm(s)’ monthly statements within sixty (60) days after the receipt by the

Client of such statements with supporting documents. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found

to exist between actual payment and costs authorised to be


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incurred by the consulting firm(s), the Client may add or subtract

the difference from any subsequent payments. (d) The final payment under this Clause shall be made only after the

final report and a final statement, identified as such, shall have been submitted by the consulting firm(s) and approved as satisfactory by the Client. The Services shall be deemed completed

and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory

ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90)-day period, gives written notice to the consulting firm(s) specifying

in detail deficiencies in the Services, the final report or final statement. The consulting firm(s) shall thereupon promptly make

any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with

this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the consulting firm(s) to the Client within thirty (30)

days after receipt by the consulting firm(s) of notice thereof. Any such claim by the Client for reimbursement must be made within

thirty-six (36) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above.

(e) All payments under this Contract shall be made to the accounts

of the Consulting Firm(s) specified in the SC.

8.2 Any dispute between the Parties as to matters arising pursuant to this Contract or its interpretation that cannot be settled amicably

within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement shall be referred for settlement

by a single arbitrator.

The arbitrator shall be agreed upon by the Parties within 30 days of the notification of a dispute by either party to the other and in default of agreement as to the single arbitrator the same shall be appointed

by the Chairman for the time being of the Nairobi Centre for International Arbitration (NCIA).

Every award made under this Clause shall be expressed to be made under the Arbitration Act 1995 or other Act or Acts for the time being in force in Kenya.


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II. GENERAL CONDITIONS OF CONTRACT

1.0 General Provisions

1.1

Definitions

Unless the context otherwise requires, the following

terms whenever used in this Contract have the following meanings:

(a) “Applicable Law” means the laws and any other

instruments having the force of law in Kenya.

(b) “Contract” means the Contract signed by the Parties,

to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause 2 of such signed Contract Agreement;

(c) “Contract Price” means the amount specified in the

Special Conditions of Contract [SC])

(d) “Effective Date” means the date on which this

Contract comes into force and effect pursuant to Clause GC 2.1;

(f) “Foreign Currency” means any currency other than the currency of the Republic of Kenya;

(f) “GC” means these General Conditions of Contract;

(g) “Government” means the Government of the Republic of Kenya;

(h) “Local Currency” means the currency of the Republic of Kenya;

(i) “Member,” in case the consulting firm(s) consist of a

joint venture or a consortium of more than one

entity, means any of these entities; and “Members” means all these entities;

(j) “Party” means the Client or the consulting firm(s), as the case may be, and “Parties” means both of them;

(k) “Personnel” means persons hired by the consulting

firm(s) or by any Subcontract or Sub-consultancy or

as employees and assigned to the performance of the Services or any part thereof;


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(l) “Foreign Personnel” means such persons who at the time of being so hired had their domicile outside

Kenya;

(m) “Local Personnel” means such persons who at the time of being so hired had their domicile inside Kenya; and

(n) “Key Personnel” means the Personnel referred to in

Clause GC 4.2(a);

(o) “SC” means the Special Conditions of Contract by

which the GC may be amended or supplemented; (p) “Services” means the work to be performed by the

consulting firm(s) pursuant to this Contract, as described in Appendix A hereto;

(q) “Sub-consulting firm(s)” or “Subcontractor” means

any person or entity to whom/which the consulting

firm(s) subcontracts or sub-consults any part of the Services in accordance with the provisions of Clause GC 3.7.

(r) “Third Party” means any person or entity other than

the Government, the Client, the consulting firm(s) or a Subcontractor and/or Sub-consulting firm(s).

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of

principal and agent as between the Client and the consulting firm(s). The consulting firm(s), subject to this

Contract, has complete charge of Personnel and Subcontract/Sub-consulting firm(s), if any, performing the Services and shall be fully responsible for the

Services performed by them or on their behalf hereunder.

1.3 Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the

Applicable Law.

1.4 Language

This Contract has been executed in the language specified in the SC, which shall be the binding and

controlling language for all matters relating to the meaning or interpretation of this Contract.


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1.5 Headings The headings shall not limit, alter or affect the meaning

of this Contract.

1.6 Notices 1.6.1 Any notice, request or consent required or

permitted to be given or made pursuant to this

Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an

authorized representative of the Party to whom the communication is addressed, or when sent by

registered mail or facsimile to such Party at the address specified in the SC.

1.6.2 Notice will be deemed to be effective as specified in the SC.

1.6.3 A Party may change its address for notice

hereunder by giving the other Party notice of such

change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2.

1.7 Location The Services shall be performed at such locations as are

specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in Kenya or elsewhere, as the Client may

approve.


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1.8 Authority of member in

charge

In case the consulting firm(s) consists of a joint venture

or consortium of more than one entity, the members hereby authorize the entity specified in the Special

Conditions (SC) to act on their behalf and to make all official communication under this contract to the client and the main contact entity for the consulting firm(s),

including without limitation the receiving of instructions on behalf of the consulting firm(s), communicating any response on behalf of the consulting firm(s) and invoicing

the client in relation to all the consulting firm(s) members.

1.9 Authorized

Representatives

of the Consulting Firm(s)

Any action required or permitted to be taken, and any

document required or permitted to be executed, under this Contract by the Client or the CONSULTING FIRM(S)

may be taken or executed by the officials specified in the SC.

1.10 Consulting Firm(s) Taxes and Duties

Unless otherwise specified in the SC, the CONSULTING FIRM(S), Sub-CONSULTING FIRM(S) and Personnel shall

pay such Consulting Firm(s) taxes, duties, fees and other impositions as may be levied under the Applicable Law.

The Client shall withhold Consulting Firm(s) taxes from payments to the CONSULTING FIRM(S) where applicable and issue the CONSULTING FIRM(S) with withholding

Consulting Firm(s)x certificates. 2. Commencement, Completion, Modification and Termination of

Contract

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the

CONSULTING FIRM(S) instructing the CONSULTING FIRM(S) to begin carrying out the Services. This notice

shall confirm that the effectiveness conditions, if any, listed in the SC have been met.

2.2 Termination of Contract for Failure to Become

Effective


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If this Contract has not become effective within such time period after the date of the Contract signed by the Parties

as shall be specified in the SC, either Party may, by not less than four (4) weeks’ written notice to the other Party,

declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect

hereto.

2.3 Commencement

of Services

The CONSULTING FIRM(S) shall begin carrying out the Services at the end of such time period after the Effective

Date as shall be specified in the SC.

2.4 Expiration of

Contract

Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall terminate at the end of such

time period after the Effective Date as shall be specified in the SC.

2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or

representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any

statement, representation, promise or agreement not set forth herein.

2.6 Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services,

may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 hereof, however, each

Party shall give due consideration to any proposals for modification made by the other Party.

2.7 Force Majeure

2.7.1 Definition (a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s

performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances and includes, but

is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather

conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party


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invoking Force Majeure to prevent), confiscation or any other action by government agencies.

(b) Force Majeure shall not include any event which is

caused by the negligence or intentional action of a Party or such Party’s Subcontract/Sub-CONSULTING FIRM(S) or agents or employees, or agents or

employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (a) Consulting Firm(s)ke into account at the time of the

conclusion of this Contract and (b) avoid or overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds

or failure to make any payment required hereunder.

2.7.2 No Breach of

Contract

The failure of a Party to fulfill any of its obligations under

the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the

Party affected by such an event (a) has Consulting Firm(s)ken all reasonable precautions, due care and reasonable alternative measures in order to carry out the

terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the

occurrence of such an event.

2.7.3 Measures to

be taken

(a) A Party affected by an event of Force Majeure shall

Consulting Firm(s)ke all reasonable measures to remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall

notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event,

providing evidence of the nature and cause of such event, and shall similarly give notice of the

restoration of normal conditions as soon as possible. (c) The Parties shall Consulting Firm(s)ke all reasonable

measures to minimize the consequences of any event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or Consulting Firm(s)sk,

shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.


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2.7.5 Payment

Not later than thirty (30) days after the CONSULTING FIRM(S), as the result of an event of Force Majeure, have

become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in

the circumstances. In the event of Force Majeure, the CONSULTING FIRM(S) shall be entitled to be paid for any Services already performed or for any payments that are

already due to the CONSULTING FIRM(S).

2.8 Suspension

The Client may, by written notice of suspension to the CONSULTING FIRM(S), suspend all payments to the CONSULTING FIRM(S) hereunder if the CONSULTING

FIRM(S) fails to perform any of their obligations under this Contract, including the carrying out of the Services,

provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the CONSULTING FIRM(S) to remedy such failure within a

period not exceeding thirty (30) days after receipt by the CONSULTING FIRM(S) of such notice of suspension.

2.9 Termination

2.9.1 By the Client The Client may, by not less than Thirty (30) days’ written notice of termination to the CONSULTING FIRM(S) (except as a result of any applicable law or regulation in which

case, termination shall occur immediately) terminate this Contract:

(a) if the CONSULTING FIRM(S) fails to remedy a failure in the performance of their obligations hereunder, as

specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such

further period as the Client may have subsequently approved in writing;

(b) if the CONSULTING FIRM(S) or any one of the

Members of the CONSULTING FIRM(S) becomes

insolvent or bankrupt; (c) if the CONSULTING FIRM(S) fails to comply with any

final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof;


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(d) if the CONSULTING FIRM(S) submits to the Client a statement which has a material effect on the rights,

obligations or interests of the Client and which the CONSULTING FIRM(S)s know to be false;

(e) if, as the result of Force Majeure, the CONSULTING

FIRM(S) is unable to perform a material portion of the

Services for a period of not less than sixty (60) days; or

(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.

(g) If the CONSULTING FIRM(S), in the judgment of the

Client, has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract. For the purpose of this clause:

“corrupt practice” means the offering, giving,

receiving or soliciting of anything of value to

influence the action of a public official in the selection process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the

execution of a contract to the detriment of the borrower, and includes collusive practice among CONSULTING FIRM(S) (prior to or after submission

of proposals) designed to establish prices at artificial non-competitive levels and to deprive the borrower of the benefits of free and open competition.

2.9.2 By the

CONSULTING FIRM(S)

The CONSULTING FIRM(S) may, by not less than Sixty

(60) days’ written notice to the Client, (unless termination is required as a result of any applicable law or regulation in which case, termination shall occur immediately)

terminate this Contract:

(a) if the Client fails to pay any money due to the CONSULTING FIRM(S) pursuant to this Contract and not subject to dispute pursuant to Clause GC 8

hereof within Sixty (60) days after receiving written notice from the CONSULTING FIRM(S) that such payment is overdue; and

(b) if, as the result of Force Majeure, the CONSULTING

FIRM(S) are unable to perform a material portion of the Services for a period of not less than sixty (60) days.


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. 2.9.3 Cessation of

Rights and Obligations

Upon termination of this Contract pursuant to Clauses

GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and

obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of

confidentiality set forth in Clause GC 3.3 hereof, (iii) the CONSULTING FIRM(S)’s obligation to permit inspection, copying and auditing of their accounts and records set

forth in Clause GC 3.6(ii) hereof, and (iv) any right which a Party may have under the Applicable Law.

2.9.4 Cessation of

Services

Upon termination of this Contract by notice of either Party

to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the CONSULTING FIRM(S) shall, immediately

upon dispatch or receipt of such notice, Consulting Firm(s)ke all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make

every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the CONSULTING FIRM(S) and equipment

and materials furnished by the Client, the CONSULTING FIRM(S) shall proceed as provided, respectively, by

Clauses GC 3.9 or GC 3.10 hereof.

2.9.5 Payment

upon Termination

Upon termination of this Contract pursuant to Clauses

GC 2.9.1 or GC 2.9.2 hereof, the Client shall make the following payments to the CONSULTING FIRM(S):

(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective

date of termination; and (b) in the case of termination pursuant to paragraphs

(b), (e) and (f) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the

prompt and orderly termination of the Contract.

2.9.6 Disputes

about Events of Termination

If either Party disputes whether an event specified in

paragraphs (a) through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination

from the other Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall

not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.


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3. Obligations of the CONSULTING FIRM(S) 3.1 General

3.1.1 Standard of

Performance

The consulting firm(s) shall perform the Services and carry out their obligations hereunder with all due

diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management

practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The consulting firm(s) shall always act, in

respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at

all times support and safeguard the Client’s legitimate interests in any dealings with Subcontract/Sub-consulting firm(s) or Third Parties.

3.1.2Law

Governing Services

The consulting firm(s) shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Subcontract/Sub-

consulting firm(s), as well as the Personnel of the consulting firm(s) and any Subcontract/Sub-consulting firm(s), comply with the Applicable Law.

3.2 Conflict of Interests

3.2.1 Consulting Firm(s) Not

to Benefit from Commission

s Discounts, etc.

The remuneration of the consulting firm(s) pursuant to Clause GC 6 hereof shall constitute the consulting

firm(s)’ sole remuneration in connection with this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the consulting firm(s) shall not accept for their

own benefit any trade commission, discount or similar payment (save for any placement fees) in connection with

activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the consulting firm(s) shall use their best efforts to ensure

that any Subcontract/Sub-consulting firm(s), as well as the Personnel and agents of either of them, similarly

shall not receive any such additional remuneration.

3.2.2

Procurement Rules of

Funding Agencies

If the consulting firm(s), as part of the Services, have the

responsibility of advising the Client on the procurement of goods, works or services, the consulting firm(s) shall

comply with any applicable procurement guidelines of the funding agency, as the case may be, and shall at all times exercise such responsibility in the best interest of

the Client. Any discounts or commissions obtained by the consulting firm(s) in the exercise of such


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procurement responsibility shall be for the account of the Client.

3.2.3

CONSULTING FIRM(S) and

Affiliates Not to Engage in Certain

Activities

The consulting firm(s) agree that, during the term of this

Contract and after its termination, the consulting firm(s) and any entity affiliated with the consulting firm(s), as well as any Subcontract/Sub-consulting firm(s) and any

entity affiliated with such Subcontract/Sub-consulting firm(s), shall be disqualified from providing goods, works or services (other than the Services and any continuation

thereof) for any project resulting from or closely related to the Services.

3.2.4Prohibition

of

Conflicting Activities

The consulting firm(s) shall not engage, and shall cause their Personnel as well as their Subcontract/Sub-

consulting firm(s) and their Personnel not to engage, either directly or indirectly, in any of the following

activities: (a) during the term of this Contract, any business or

professional activities in Kenya which would conflict with the activities assigned to them under this Contract; and

(b) after the termination of this Contract, such other

activities as may be specified in the SC.

3.3 Confidentiality

The consulting firm(s), its Subcontractor and/or Sub-consulting firm(s) and the Personnel of either of them shall not, either during the term or within two (2) years

after the expiration of this Contract, disclose any proprietary or confidential information relating to the

Services, this Contract or the Client’s business or operations without the prior written consent of the Client.

3.4 Liability of the

consulting firm(s)

Subject to additional provisions, if any, set forth in the

SC, the consulting firm(s)’ liability under this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be taken Out by the consulting

firm(s)

The consulting firm(s) (i) shall take out and maintain, and shall cause any Subcontract/Sub-consulting firm(s)

to Consulting Firm(s)ke out and maintain, at their (or the Subcontract’s/Sub-consulting FIRM(S)’s, as the case

may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverages, as shall be specified in the SC, and (ii) at the


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Client’s request, shall provide evidence to the Client showing that such insurance has been Consulting

Firm(s)ken out and maintained and that the current premiums therefore have been paid.

3.6 Accounting,

Inspection and

Auditing

The consulting firm(s) (i) shall keep accurate and

systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and

detail as will clearly identify all relevant time changes and costs, and the bases thereof (including such bases

as may be specifically referred to in the SC), and (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or

termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by

auditors appointed by the Client and (iii) shall permit the funding agency to inspect the consulting firm(s)’s accounts and records relating to the performance of the

consulting firm(s) and to have them audited by auditors approved by the Bank, if so required by the Bank.

3.7 CONSULTING FIRM(S)’s

Actions Requiring Client’s Prior

Approval

The consulting firm(s) shall obtain the Client’s prior

approval in writing before Consulting Firm(s)king any of the following actions:

(a) appointing such members of the Personnel not listed by name in Appendix C (“Key Personnel and Sub-consulting firm(s)s”); and

(b) entering into a subcontract/sub-consultancy for the

performance of any part of the Services, it being understood (i) that the selection of the Subcontract/Sub-consulting firm(s) and the terms

and conditions of the subcontract/sub-consultancy shall have been approved in writing by the Client

prior to the execution of the subcontract/sub-consultancy, and (ii) that the consulting firm(s) shall remain fully liable for the performance of the

Services by the Subcontract/Sub-consultancy and its Personnel pursuant to this Contract;

(d) any other action that may be specified in the SC.

3.8 Reporting

Obligations


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The consulting firm(s) shall submit to the Client the reports and documents specified in Appendix B hereto,

in the form, in the numbers and within the time periods set forth in the said Appendix.

3.9 Documents

Prepared by the

consulting firm(s) to be the Property of the

Client

All plans, drawings, specifications, designs, software,

reports, other documents and models prepared by the consulting firm(s) for the Client under this Contract shall become and remain the property of the Client, and the

consulting firm(s) shall, not later than upon termination or expiration of this Contract, deliver all such documents

to the Client, together with a detailed inventory thereof. 3.10 Equipment and

Materials

Furnished by the Client

Equipment and materials made available to the

consulting firm(s) by the Client, or purchased by the consulting firm(s) with funds provided by the Client,

shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the consulting firm(s) shall make available to

the Client an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Client’s instructions. While in

possession of such equipment and materials, the consulting firm(s), unless otherwise instructed by the

Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.

4. CONSULTING FIRM(S) PERSONNEL AND/SUB-CONSULTING FIRM(S)

4.1 General The consulting firm(s) shall employ and provide such

qualified and experienced Personnel and Subcontract/Sub-Consulting firm(s) as are required to

carry out the Services.

4.2 Persons in the

Service of Employer

The Consultant shall not recruit or attempt to recruit

staff and labour from amongst the Clients personnel

4.3 Labour Laws The Consultant shall comply with all local labour laws applicable to their personnel including Laws relating to

their employment, health, safety, welfare, immigration and shall allow them all their legal rights.

The Consultant shall, in all dealings with its personnel and personnel of its sub-consultants currently

employed or connected with the Contract, pay due regard to all recognized festivals, official Public


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Holidays, religious or other customs and all local laws and regulations pertaining to employment of personnel.

4.4 Rates of Remuneration, Wages and

Conditions of Labour

The Consultant shall pay rates of remuneration and

wages, and observe conditions of employment which are not lower than those established for the level of expertise or industry.

The Consultant shall inform its personnel about their liability to pay personal income taxes in the country in

respect of their salaries, wages and allowances as are chargeable under the Laws for the time being in force,

and the Consultant shall perform such duties in regards to such deductions thereof as may be imposed by the Laws.

4.5 Working Hours a) Normal Working Days shall be Monday to Friday, unless there is a Public Holiday.

b) Normal Working Hours shall be between 08:00Hr to

17:00Hr during normal working days. There shall be

a lunch break from 12:30Hr to 14:00Hr.

c) Saturday shall be considered as half-day working;

working hours on Saturday shall be between 08:00Hr to 13:00Hr.

d) There shall be no work on Public Holidays or Sundays unless the Work is unavoidable or necessary for protection of life and property or for

the safety of the facilities. 4.6 Description of

Personnel (a) The title, agreed job description, minimum

qualification, period of engagement and hourly

charge-out rates in the carrying out of the Services of each of the consulting firm(s)’ Key Personnel are

described in Appendix C. If any of the Key Personnel has already been approved by the Client, his/her name is listed as well.

(b) If additional work is required beyond the scope of

the Services specified in Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in

writing between the Client and the consulting firm(s), provided that any such increase shall not, except as otherwise agreed in writing, cause

payments under this Contract to exceed the ceilings set forth in Clause GC 6.1 of this Contract.


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4.7 Approval of Personnel

The Key Personnel and Subcontract/Sub-consultancy listed by title as well as by name in Appendix C are

hereby approved by the Client. In respect of other Key Personnel which the consulting firm(s) propose to use

in the carrying out of the Services, the consulting firm(s) shall submit to the Client for review and approval a copy of their biographical data and any other

such information the Client may reasonably require before giving the said approval.

4.8 Removal

and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for

any reason beyond the reasonable control of the consulting firm(s), it becomes necessary to replace any of the Personnel, the consulting firm(s) shall

forthwith provide as a replacement a person of equivalent or better qualifications.

(b) If the Client (i) finds that any of the personnel has

committed serious misconduct or has been

charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the

consulting firm(s) shall, at the Client’s written request specifying the grounds therefore, forthwith

provide as a replacement a person with qualifications and experience acceptable to the Client.

(c) the consulting firm(s) shall have no claim for

additional costs arising out of or incidental to any

replacement of personnel under this Contract.

4.9 Resident

Consulting

Firm(s)

The consulting firm(s) shall ensure that at all times during the consulting firm(s) performance of the Services in Kenya a resident Authorised

Representative, acceptable to the Client, shall take charge of the performance of such Services.

5. Obligations of the Client

5.1 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties

which increases or decreases the cost incurred by the consulting firm(s) in performing the Services, then the

remuneration and reimbursable expenses otherwise payable to the consulting firm(s) under this Contract shall be increased or decreased accordingly by


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agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling

amounts specified in Clause GC 6.1.

5.2 Services, Facilities and Property of the

Client

The Client shall make available to the consulting firm(s) and the Personnel, for the purposes of the Services the

services, facilities and property described in Appendix A.

5.3 Payment

In consideration for the Services performed by the consulting firm(s) under this Contract, the Client shall

make to the consulting firm(s) such payments and in such manner as is provided by Clause GC 6 of this Contract.

6. Payments to the consulting firm(s)

6.1

Remuneration

The consulting firm(s)’s total remuneration shall not exceed Contract Price.

The Contract Price may only be increased above the amounts stated in Clause 1.1 (c) if the Parties have agreed to additional payments in accordance with

Clause 4.2 (b).

6.2 Remuneration for Additional Services

For purposes of determining the remuneration due for additional services as may be agreed under Clause 4.2, a breakdown of the Contract Price is provided under

Appendix D.

6.3 Terms and

Conditions of Payments

Payments will be made to the account of the consulting

firm(s) and according to the payment schedule stated in the SC. Any other payment shall be made after the

conditions listed in the SC for such payment have been met and the consulting firm(s) has submitted an invoice to the Client specifying the amount due.

Where the Contract provides for an advance payment

to be made to the consulting firm(s), the consulting firm(s) shall deposit with the Client a bank guarantee in an amount equal to such advance payment to cover

the period of Contract or such other period as may be required by the Client to recover the value of such advance payment from the consulting firm(s).

7. Fairness and Good Faith

7.1 Good Faith


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The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt

all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of

the Contract The Parties recognize that it is impractical in this

Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract

shall operate fairly as between them, and without detriment to the interest of either of them, and that, if

during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be

necessary to remove the cause or causes of such unfairness but no failure to agree on any action

pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.

8. Settlement of Disputes

8.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this

Contract or the interpretation thereof.

8.2 Dispute

Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one

Party of the other Party’s request for such amicable settlement may be submitted by either Party for

settlement in accordance with the provisions specified in the SC.

II. Appendices

APPENDIX A – DESCRIPTION OF THE SERVICES

The description of the service is made up of the following:

Terms of Reference

Methodology

Schedules indicating activities and staff assignments in home office.


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APPENDIX B – REPORTING REQUIREMENTS

The Consultant shall prepare or cause the EPC Contractor to prepare and submit to KenGen the following documents and reports:

i. Monthly Progress Reports to be prepared in a format to be agreed with

the lending institutions and Employer and also availed in both soft copy and hard copy.

ii. Prepare and maintain a Combined plan of construction activities

(works) schedule in Oracle Primavera P6 Software based on critical

activities. (hard copy and soft copy). iii. Cause the EPC Works Contractors to prepare and maintain a

combined works schedule in Oracle Primavera P6 Software as required in the contract.

iv. Prepare Quarterly reports on Environmental Monitoring and

Management during Construction and submitted in soft copies

v. Cause the EPC Works Contractors to prepare and submit both hard

and soft copies of Operation and Maintenance Manuals (8 copies). vi. Cause the EPC Works Contractors to prepare and submit both hard

and soft copies of As-Built drawings (8 copies). One set of the As-Built Drawings hard copy to be submitted in transparencies.

vii. Cause the EPC Works Contractors to prepare and submit Project Completion Reports (5 copies)

viii. The Consultant shall assist KenGen to prepare various reports and

documents requested by the financiers and other stakeholders from

time to time.

ix. The Consultant shall incorporate the review comments from the

employer in all their comments on EPC Contractor’s design documents.

APPENDIX C– KEY PERSONNEL AND SUBCONSULTING FIRM(S)S

List under: C-1 Titles [and names, if already available], detailed job

descriptions and minimum qualifications of Key foreign Personnel to be assigned to work in the Government’s country, and staff-months for each.

C-2 Same information as C-1 for Key local Personnel.


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C-4 Same as C-1 for Key Personnel to be assigned to work outside the Government’s country.

C-4 List of approved Sub-consulting firm(s) (if already available);

same information with respect to their Personnel as in C-1 through C-4.


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Appendix D — Medical Certificate

Not Applicable


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APPENDIX E — Hours of Work for Key Personnel

List here the hours of work for Key Personnel; travel time to and from the country of the Republic of Kenya for foreign Personnel (Clause GC 4.4(a)); entitlement, if any, to overtime pay, sick leave pay, vacation leave pay, etc.


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APPENDIX F – SERVICES AND FACILITIES PROVIDED BY THE CLIENT Refer to Appendix A: Terms of Reference – Facilities and counterpart personnel to be provided


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APPENDIX G—COST ESTIMATES IN FOREIGN CURRENCY

List hereunder cost estimates in foreign currency: 1. (a) Monthly rates for foreign Personnel (Key Personnel and other

Personnel) (b) Monthly rates for local Personnel (Key Personnel and other

Personnel). Note: This should be added if local Personnel is also being paid in foreign currency.

2. Reimbursable expenditures

a) Per diem allowances. b) Air transport for foreign Personnel. c) Transport of personal effects. d) International communications. e) Printing of documents specified in Appendices A and B hereof. f) Acquisition of specified equipment and materials to be imported by the

CONSULTING FIRM(S) and to be paid for by the Client (including transportation to Kenya).

g) Other foreign currency expenditures, like use of computers, foreign training of Client’s staff, various tests, etc.


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APPENDIX H — Cost Estimates in Local Currency

List hereunder cost estimates in local currency: 1. Monthly rates for local Personnel (Key Personnel and other Personnel) 2. Reimbursable expenditures as follows:

(a) Per diem rates for subsistence allowance for foreign short-term Personnel, plus estimated totals.

(b) Living allowances for long-term foreign Personnel, plus estimated totals.

(c) Cost of local transportation. (d) Cost of local communication (e) Cost of other local services, rentals, utilities, etc.


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Appendix I — Form of Bank Guarantee for Advance Payments

Note: See Clause GC 6.4(a) and Clause SC 6.4(a). The Client should insert here an acceptable form of a bank guarantee. An example is set forth below. TO: [Name and Address of Client]

[Name of Contract for CONSULTING FIRM(S)’ Services]

Gentlemen: In accordance with the provisions of Clauses GC 6.4(a) and SC 6.4(a) of the above-

mentioned Contract (hereinafter called “the Contract”), [name and address of consulting

firm(s)] (hereinafter called “the consulting firm(s)”) shall deposit with [name of Client] a

bank guarantee to guarantee their proper and faithful performance under the said provisions of the Contract in an amount of [amount of Guarantee], [amount of Guarantee

in words].3

We, the [bank or financial institution], as instructed by the consulting firm(s), agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety

merely, the payment to [name of Client] on his first demand without whatsoever right of objection on our part and without his first claim to the consulting firm(s), in the

amount not exceeding [amount of Guarantee], [amount of Guarantee in words]. We further agree that no change or addition to or other modification of the terms

of the Contract which may be made between [name of Client] and the consulting firm(s), shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance

payment under the Contract until [name of Client] receives full repayment of the same amount from the consulting firm(s).

Yours truly,

Signature and Seal

Name of Bank/Financial Institution Address

Date

Section VII:

3 An amount is to be inserted by the bank or financial institution as specified in Clause SC 6.4(a).


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MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE

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

Name of Applicant (S)

………………………………………………………………………………………………………………………

.

You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever

applies to your type of business. Part 2 (d) to part 2(i) must be filled.

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

disqualification / termination of your business proposal at your cost. Part 1 – General

Business

Name:……………………………………………………………………………..……………..…………..

Certificate of Incorporation / Registration No.

………………………………………………………………. Location of business premises: Country

…………………………………..……….…………….

Physical address …………………………….Town ………………………………….……………………….

Building……………………………… Floor…………………………………………………………….

Plot No. …………………………………………….Street / Road ……..………………….……………………

Posta)l Address …………………………………Postal / Country Code……………………………………. Telephone No’s ……………………………………………… Fax No’s. ……………………….………………

E-mail address

…………………………………………………………………………………………………………

Website ………………………………………………………………………………………

Contact Person (Full Names) …………………………… Direct / Mobile No’s. ………………..…

Title ……………………………………… Power of Attorney (Yes / No) If Yes, attach written document.

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

(Applicable to Local suppliers only)

Local Authority Trading License No. …………………… Expiry Date

……………………………………..

Value Added Consulting Firm(s)x

No.…………………………………………….……………………………………………….

Value of the largest single assignment you have undertaken to date (US$/KShs) …………

Was this successfully undertaken? Yes / No. ………………………….(If Yes, attach reference) Name (s) of your banker (s)

………………………………………………………………………..……………..

Branches …………………………………………………………. Tel No’s. ……….………………………….

Part 2 (a) – Sole Proprietor

Full names ……..………………………………………..………………………………..………………………. Nationality ……………………………………………….. Country of Origin …………....…………………..

*Citizenship details

……………………………………………………………………..……..………………….

Company Profile ………………………. (Attach brochures or annual reports in case of public companies)

Part 2 (b) – Partnerships

Give details of partners as follows:


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Full Names Nationality Citizenship Details Shares

1. …………………………. ………………… …………………………. ……..…….

2. ………………………… ………………… …………………………. ………..…..

3.………………………… ………………… ………………………….. ………….…

Company Profile ……………………….(Attach brochures) Part 2 (c) – Registered Company Private or public …………………………………………….

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

companies)

State the nominal and issued capital of the Company

Nominal KShs ……………………..…………………………. Issued KShs ………………………..………………………….

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

Give details of all directors as follows:-

Full Names Nationality Citizenship Details Shares

1.…………………………. ……………… …………………… ……….…….

2………………………… ………………… …………………. ……..…..…..

3………………………… ………………… ………………… ……..…..…..

Part 2 (d) – Debarment

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

engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen and any other public or private institutions.

Full Names

………………………………………………………………………………………………………………..

Signature ………………………………………………………………………………………………………….

Dated this …………………………………….……………day of

…………………………………………2009. In the capacity of

………………………………………………………………………………………………………

Duly authorized to sign Tender for and on behalf of …………………………………………………

Part 2 (e) – Criminal Offence

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

a) ……………………………………………………………………….………..………………………

b) …………………………………………………………………………..….……….………………

c) ………………………………………………………………………………………………………

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

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

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

proceedings. Signed

…………………………………………………………………………………………………………….…………

For and on behalf of M/s

…………………………………………………………………………………………..

In the capacity of …………………………………………………………………………………………………

Dated this ……………………………………………day of …………………………………………….2009. Suppliers’ / Company’s Official Rubber Stamp ………………………………………………………….

Part 2 (f) – Conflict of Interest


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I/We, the undersigned state that I / We have no conflict of interest in relation to this

procurement:

a) ……………………………………………………………………………………………………

b) ………………………………………………………………………………………………………

c) ………………………………………………………………………………………………………

d) …………………………………………………………………………………………………………

For and on behalf of M/s …………………………………………………………………………………..

In the capacity of ………………………………………………………………………………………………. Dated this ……………………………………………day of …………………………………………….2009

Suppliers’ / Company’s Official Rubber Stamp ………………………………………………………….

Part 2 (g) – Interest in the Firm:

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

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

……………………………………. ……………………………… ………………………

(Title) (Signature) (Date)

Part 2(h) – Experience Please list here below similar projects accomplished or companies / clients you have supplied

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

Company Name Country Contract/ Order No. Value

1.…………………………. ………………… ………………………. ……..…….

2. ………………………… ………………… …………………………. ………..…..

3.………………………… ……………… …………………………. ………..…..

Contact person (Full Names) ……………………………. E-mail address………………………….

Cell phone no …………………………. (Note: The person should be at the level of director)

*Attach proof of citizenship

* Attach certified copies of the following documents:

a) Certificate of Incorporation / Registration b) Consulting Firm(s)x Compliance Certificate (for local suppliers)

c) VAT Certificate (for local suppliers)

d) Audited Financial Statements / Accounts for the last two (2) years

e) Valid Local Authority / Trade License (for local suppliers)

f) The Power of Attorney)

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

Part 2(i) – Declaration

I / We, the undersigned state and declare that the above information is correct and that I / We

give Kenya Electricity Generating Company PLC authority to seek any other references

concerning my / our company from whatever sources deemed relevant, e.g. Office of the

Registrar of Companies, Bankers, etc. Full names

………………………………………………………………………………………………………………………….

Signature…………………………………………………………………………………………………….………

For and on behalf of M/s

…………………………………………………………………………………………..

In the capacity of ………………………………………………………………………………………………… Dated this ……………………………………………day of …………………………………………….2009.

Suppliers’ / Company’s Official Rubber Stamp ……………………………………………………………

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