KGN OLK 81 2013 Tender for Supply of Wooden Fencing Posts & Timber for Olkaria Geothermal Project

8/14/2019 KGN OLK 81 2013 Tender for Supply of Wooden Fencing Posts & Timber for Olkaria Geothermal Project

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KENYA ELECTRICITY GENERATING

COMPANY LTD

KGN-OLK-81-2013

TENDER FOR SUPPLY OF WOODEN FENCING

POSTS & TIMBER FOR SECURING WELL

SITES AND CSR ACTIVITIES AT OLKARIA

GEOTHERMAL PROJECT

(REGISTERED GROUPS OF YOUTH , WOMEN AND

PERSONS WITH DISABI L I TY)

Kenya Electricity Generating Company Ltd,

Stima Plaza Phase III,Kolobot Rd, Parklands,

P.O Box 4793600100

NAIROBIKENYA.

www.kengen.co.ke

November, 2013


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Tender for Supply of Wooden F encing Posts & Timber for Securi ng Well Sites and CSR Activiti es at OlkariaGeothermal Project

SECTION

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

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

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

Section D: Special Conditions of Contract .......................... Error! Bookmark not defined.

Section E: Schedule of Requirements and Technical Specifications ................................ 20

Section F: Price Schedules ................................................................................................ 30

Section G: Tender Form ...................................................................................................... 47

Section H: Tender Security Form ...................................................................................... 48

Section I: Mandatory Confidential Business Questionnaire ........................................... 49

Section J: Contract Form .................................................................................................. 54

Section K: Performance Security Form ............................................................................. 56

Section L: Manufacturer's Authorization Form ................................................................. 57


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SECTION A

INVITATION FOR TENDERS

(REGISTERED GROUPS OF YOUTH , WOMEN AND PERSONS WITH

DISABILITY)

Kenya Electricity Generating Company Limited (KenGen) invites sealed Tender for Supply of

Wooden Fencing Posts & Timber for Securing Well Sites and CSR Activities at Olkaria

Geothermal Projectwhose specifications are detailed in this Tender Document.

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

office of the Supply Chain Manager, Tel: (254) (020) 3666000, Fax: (254) (020) 3666200Email:[email protected],[email protected]:[email protected]

[email protected]

Where the tender document may be collected upon payment of a non-refundable fee ofKShs.1,000.00paid in cash or through a bankers cheque at any KenGen finance office. Thedocument can also be viewed and downloaded from the websitewww.kengen.co.ke,and the

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

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

copies are FREE.

Tenders MUST be accompanied by Tender Securing Declaration Form in the form and

amount specified in the Tender Document, and must be delivered to:

Company Secretary/Legal & Corporate Affairs Director

Kenya Electricity Generating Company Ltd.

7th

Floor, Stima Plaza Phase IIIKolobot Road, Parklands

P.O. Box 47936 - 00100

NAIROBI, KENYA

On or before: 4th

December 2013 at 2.00 p.m.

There will be a MANDATORY SITE VISIT on 25th

November 2013 starting 10.00 a.m.Olkaria Geothermal Health Spa Project

Tenders will be opened on 4thDecember 2013 at 2.30 p.m. in the presence of tenderers'representatives who choose to attend in the Executive Room, 7

thFloor, Stima Plaza Phase III.

SUPPLY CHAIN MANAGER
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/mailto:[email protected]:[email protected]:[email protected]:[email protected]


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SECTION B

INSTRUCTIONS TO TENDERERS

Introduction

1. Eligible Tenderers1.1 This Invitation for Tenders is open to all tenderers. The successful tenderer shall complete

the supply of goods by the intended completion date specified in the tender document.

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

2. Cost of Tendering2.1 The Tenderer shall bear all costs associated with the preparation and submission of its tender,

and KenGen, will in no case be responsible or liable for those costs, regardless of the conductor outcome of the tendering process.

The Tender Document

3 Contents

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

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

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

the tender document. Failure to furnish all information required by the tender document

or to submit a tender not substantially responsive to the tender document in every respectwill be at the tenderers risk and may result in the rejection of its tender.

4. Clarification of Tender Document

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

Supply Chain ManagerKenya Electricity Generating Company Ltd (KenGen)

Ground Floor, Stima Plaza, Phase III

Kolobot Road, Parklands

P.O Box 47936 - 00100


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

the Price Schedule of the country of origin of the goods offered, which shall beconfirmed by a certificate of origin issued at the time of shipment.

12.3 The documentary evidence of conformity of the goods to the tender documents may be inthe form of literature, drawings, and data, and shall consist of:

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

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

statement of deviations and exceptions to the provisions of the TechnicalSpecifications.

13. Tender Security13.1 The tenderer shall not furnish a Tender Security

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

13.3 Any bidder from the target group who fails to adhere to the terms of the Tender SecuringDeclaration Form shall be liable to debarment pursuant to Section 115 of the Public Procurement

and Disposal Act (2005).

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

tender opening prescribed by KenGen, pursuant to Clause 20. A tender valid for a shorter

period shall be considered as non-responsive and shall be rejected by KenGen.

14.2 In exceptional circumstances, KenGen may solicit the tenderers consent to an extension

of the period of validity. The request and the responses thereto shall be made in writing

(email in PDF format or by facsimile). The tender security provided under Clause 13shall also be suitably extended. A tenderer may refuse the request without forfeiting its

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

modify its tender.

15. Format and Signing of Tender

15.1 The tenderer shall prepare an Original and Two Copiesof the tender, clearly marking

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

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

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

contract.

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

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


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the person or persons signing the tender.

Submission of Tenders

16. Sealing and Marking of Tenders

16.1 The tenderer shall seal the original and copies of the tender in separate envelopes, dulymarking the envelopes as ORIGINALand COPY. The envelopes shall then be sealed inan outer envelope.

16.2 The inner and outer envelopes shall:

(a) be addressed to:Company Secretary/Legal & Corporate Affairs DirectorKenya Electricity Generating Company Limited

7thFloor, Stima Plaza Phase IIIKolobot Road, Parklands

P.O. Box 47936-00100NAIROBI

(b) bear, TENDER FOR SUPPLY OF WOODEN FENCING POSTS & TIMBERFOR SECURING WELL SITES AND CSR ACTIVITIES AT OLKARIA

GEOTHERMAL PROJECT, and the statement: DO NOT OPEN BEFORE 4TH

DECEMBER 2013 AT 2.30 P.M.

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

tender to be returned unopened in case it is declared late.

16.4 If the outer envelope is not sealed and marked as required by Clause 16.2, KenGen will

assume no responsibility for the tenders misplacement or premature opening.

17. Deadline for Submission of Tenders

17.1 Tenders must be received by KenGen at the address specified under Clause 16.2 not laterthan 4thDecember 2013 at 2.00 p.m.

17.2 KenGen may, at its discretion, extend this deadline for the submission of tenders byamending the tender document in accordance with Clause 5, in which case all rights and

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

subject to the deadline as extended.

18. Modification and Withdrawal of Tenders

18.1 The tenderer may modify or withdraw its tender after the tenders submission, provided thatwritten notice of the modification, including substitution or withdrawal of the tenders, isreceived by KenGen prior to the deadline prescribed for submission of tenders.

18.2 The tenderers modification or withdrawal notice shall be prepared, sealed, marked, anddispatched in accordance with the provisions of Clause 16. A withdrawal notice may also be

sent by cable, but followed by a signed confirmation copy, postmarked not later than thedeadline for submission of tenders.

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


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18.4 No tender will be withdrawn in the interval between the deadline for submission of tendersand the expiration of the period of tender validity specified by the tenderer on the Tender

Form. Withdrawal of a tender during this interval may result in the tenderers forfeiture of itstender security, pursuant to Clause 13.7.

19. Alternative Proposals by Tenderers

19.1 Alternative tenders and options shall not be accepted. In case of offered alternatives, only thatitem which is marked as being the alternative or the first of several alternative items shall be

evaluated.

Opening and Evaluation of Tenders

20. Opening of Tenders

20.1 KenGen will open all tenders in the presence of tenderers representatives who choose toattend on 4thDecember 2013 at 2.30 p.m. The tenderers representatives who are presentshall sign a register evidencing their attendance.

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

presence or absence of requisite tender security and such other details as KenGen, at itsdiscretion, may consider appropriate, will be announced at the opening.

20.3 KenGen will prepare minutes of the tender opening.

21. Clarification of Tenders

21.1 To assist in the examination, evaluation and comparison of tenders KenGen may, at its

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

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

22. Preliminary Examination

22.1KenGen will examine the tenders to determine whether they are complete, whether anycomputational errors have been made, whether required sureties have been furnished, whetherthe documents have been properly signed, and whether the tenders are generally in order.

22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy betweenthe unit price and the total price that is obtained by multiplying the unit price and quantity,

the unit price shall prevail, and the total price shall be corrected. If the tenderer does notaccept the correction of the errors, its tender will be rejected, and its tender security may be

forfeited. If there is a discrepancy between words and figures, the amount in words will

prevail.

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

relative ranking of any tenderer.

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

responsiveness of each tender to the tender document. For purposes of these paragraphs, asubstantially responsive tender is one, which conforms to all the terms and conditions of thetender document without material deviations. KenGens determination of a tenders


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

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

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

24. Contacting KenGen

24.1Subject to Clause 21, no tenderer shall contact KenGen on any matter relating to its tender,from the time of the tender opening to the time the contract is awarded.

24.2 Any effort by a tenderer to influence KenGen in its decisions on tender evaluation, tender

comparison, or contract award may result in the rejection of the tenderers tender.

Award of Contract

25. Award Criteria

25.1 Subject to Clauses 7, 8, 9, 11, 13, 22 and 23 KenGen will award the contract to thesuccessful tenderer(s) whose tender has been determined to be substantially responsive andhas been determined to be the lowest evaluated tender.

26. KenGens Right to Vary Quantities26.1 KenGen reserves the right at the time of contract award to increase or decrease the quantity of

goods originally specified in the Schedule of Requirements without any change in unit price

or other terms and conditions.

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

27.1 KenGen reserves the right to accept or reject any tender, and to annul the tendering processand reject all tenders at any time prior to contract award, without thereby incurring anyliability to the affected tenderer or tenderers or any obligation to inform the affected tendereror tenderers of the grounds for its action.

28. Notification of Award

28.1Prior to the expiration of the period of tender validity, KenGen will notify the successfultenderer in writing that its tender has been accepted.

28.2Upon the successful tenderers furnishing of the performance security pursuant to Clause 30,KenGen will promptly notify each unsuccessful tenderer and will discharge its tender security,

pursuant to Clause 13.

29. Signing of Contract

29.1 At the same time as KenGen notifies the successful tenderer that its tender has been accepted,KenGen will send the tenderer the Contract Form provided in the tender document,

incorporating all agreements between the parties.

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

30. Performance Security


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30.1 Within fourteen (14) days of receipt of the notification of Contract award, the successfulTenderer shall furnish to the Purchaser the performance security in accordance with thePerformance Security Form provided in the tender document, or in another form acceptable

to KenGen.

30.2 Failure of the successful tenderer to comply with the requirement of Clause 29 or Clause 30

shall constitute sufficient grounds for the annulment of the award and forfeiture of the tendersecurity, in which event KenGen may make the award to the next lowest evaluated tenderer

or call for new tenders.

31. Corrupt or Fraudulent Practices

31.1 KenGen requires that tenderers observe the highest standard of ethics during the procurementprocess and execution of contracts. In pursuance of this policy, KenGen:-

(a) defines, for the purposes of this provision, the terms set forth below as follows:(i) corrupt practice means the offering, giving, receiving or soliciting of any thing

of value to influence the action of a public official in the procurement process or

in contract execution; and(ii) fraudulent practice means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of KenGen,and includes collusive practice among tenderers (prior to or after tender

submission) designed to establish tender prices at artificial non-competitive levels

and to deprive KenGen of the benefits of free and open competition;

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

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

awarded any contract if it at any time determines that the firm has engaged in corrupt orfraudulent practices in competing for, or in executing, a contract.

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

Contract.


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SECTION C

GENERAL CONDITIONS OF CONTRACT

1. Definitions

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

(a) The Contract means the agreement entered into between KenGen and the

Supplier, as recorded in the Contract Form signed by the parties, including allattachments and appendices thereto and all documents incorporated by reference

therein.

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

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

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

2. Application

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

3. Country of Origin

3.1 For purposes of this Clause, origin means the place where the Goods were

manufactured or produced.

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

4. Standards

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

Technical Specifications.

5. Use of Contract Documents and Information

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

information furnished by or on behalf of KenGen in connection therewith, to any person

other than a person employed by the Supplier in the performance of the Contract.

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


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

Suppliers performance obligations under the Contract if so required by KenGen.

6. Patent Rights

6.1 The Supplier shall indemnify KenGen against all third-party claims of infringement of

patent, trademark, or industrial design rights arising from use of the Goods or any partthereof in Kenya.


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

KenGen the performance security in the amount specified in Special Conditions of

Contract.

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

Contract.

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

abroad, acceptable to KenGen, in the form provided in the tender document.

7.4 The performance security will be discharged by KenGen and returned to the Supplier notlater than thirty (30) days following the date of completion of the Suppliers performance

obligations under the Contract, including any warranty obligations, under the Contract.

8. Inspection and Tests

8.1 KenGen or its representative shall have the right to inspect and/or to test the Goods to

confirm their conformity to the Contract specifications. KenGen shall notify the Supplierin writing, in a timely manner, of the identity of any representatives retained for these

purposes.

8.2 The inspections and tests may be conducted on the premises of the Supplier or its

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

on the premises of the Supplier or its subcontractor(s), all reasonable facilities andassistance, including access to drawings and production data, shall be furnished to the

inspectors at no charge to KenGen.

8.3 Should any inspected or tested Goods fail to conform to the Specifications, KenGen mayreject the Goods, and the Supplier shall either replace the rejected Goods or make

alterations necessary to meet specification requirements free of cost to KenGen.

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


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

delivery.

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

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

Offices Prior to shipment. The Certificate is a mandatory Customs Clearance document inKenya; Consignments arriving at Kenyan Ports without this document will be denied entry

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

imported to Kenya are in compliance with the applicable Kenya standards or approved

equivalents, regulations and technical requirements before shipment, it is the soleresponsibility of the supplier (i.e. exporter) to demonstrate the same and hence meet any

associated costs of verification.

9 Packing

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

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

10. Delivery and Documents

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

11. Insurance

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

manner specified in the Special Conditions of Contract

12. Warranty

12.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of themost recent or current models, and that they incorporate all recent improvements in

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

warrants that all Goods supplied under this Contract shall have no defect, arising from

design, materials, workmanship, or from any act or omission of the Supplier, that maydevelop under normal use of the supplied Goods in the conditions prevailing in the

country.

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


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indicated in the Contract.

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

warranty.

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

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

12.4 If the Supplier, having been notified, fails to remedy the defect(s) within the periodspecified in 12.4 above, within a reasonable period, KenGen may proceed to take such

remedial action as may be necessary, at the Suppliers risk and expense and without

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

13. Payment

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

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

14. Prices

14.1 Prices charged by the Supplier for Goods delivered under the Contract shall not, with theexception of any price adjustments authorized in Special Conditions of Contract, vary

from the prices quoted by the Supplier in its tender.

15. Assignment

15.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this

Contract, except with KenGens prior written consent.

16. Subcontracts

16.1 The Supplier shall notify KenGen in writing of all subcontracts awarded under thisContract if not already specified in the tender. Such notification, in the original tender or

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

17. Termination for Default

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

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

Contract, or within any extension thereof granted by KenGen.

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


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(c) if the Supplier, in the judgment of KenGen has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

17.2 In the event KenGen terminates the Contract in whole or in part, it may procure, uponsuch terms and in such manner, as it deems appropriate, Goods similar to those

undelivered, and the Supplier shall be liable to KenGen for any excess costs for such

Goods.

18. Liquidated Damages

18.1 If the Supplier fails to deliver the Goods within the period(s) specified in the Contract,KenGen shall, without prejudice to its other remedies under the Contract, deduct from

the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the deliveredprice of the delayed Goods for each week of delay until actual delivery, up to a

maximum deduction of 10% of the delivered price of the delayed Goods. After this

KenGen may consider termination of the Contract.

19. Resolution of Disputes

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

with the Contract.

19.2 If, after thirty (30) days from the commencement of such informal negotiations both

parties have been unable to resolve amicably a Contract dispute, either party may require

that the dispute be referred for resolution to formal mechanisms. These mechanisms

include, but are not restricted to, conciliation by a third party, adjudication in an agreednational or international forum, and/or international arbitration.

20. Language and Law

20.1 The language of the Contract and the law governing the Contract shall be English

language and the Laws of Kenya respectively unless otherwise stated.

21. Force Majeure

21.1 The Supplier shall not be liable for forfeiture of its performance security, or terminationfor default if and to the extent that its delay in performance or other failure to perform its

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


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SECTION D

SPECIAL CONDITIONS OF CONTRACT

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

of Contract.

1. DefinitionsThe Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot

Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legal

representatives, successors or assigns.


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

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

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

Performance Security shall be discharged by the Procuring Entity and returned to the Suppliers

not earlier than 30 days after proof of satisfactory delivery and acceptance of the goods under thecontract

7. Inspections and Tests

KenGen or its representative shall have the right to inspect and the Goods to confirm their

conformity to the Contract specifications. KenGen shall notify the Supplier in writing, in a

timely manner, if the goods are not conforming to the tender specifications.

8. Prices

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

variation on any account. All prices shall be Delivery Duty Paid, Olkaria Rig Store.

9. Transport

The successful bidder shall be expected to meet own transport costs.

Olkaria is approximately 260 Km Round Trip (130 Km X 2) from Nairobi and the pricesquoted must include transport to Olkaria Rig Store


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10. Delivery Period

The delivery period shall be within 2 monthsafter the date of contract award.

11. Payment Terms and Conditions

KenGens payment terms are 30 days upon receipt of certified invoices and delivery notes

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

Payment shall be made by KenGens through Electronic Funds Transfer(EFT) for the amount of

the contract.

12. Advance Payment

Advance payment is not applicable.

A successful bidder shall therefore be bound by the terms of payment as herein stated. Should the

bidder make request for advance payment, KenGen shall not accept the request. Should the Bidderso insist, he may lose his award of the Contract and therefore, forfeit his Performance Bond

15. Schedule of Requirements

To qualify for evaluation, the bidder must quote each schedule with completeness. This

will ensures that the materials come as one lot to complete the project in time.

16. Award Criteria

The contract is awarded to the successful tenderer(s) whose tender has been determined to be

substantially responsive and has been determined to be the LOWEST EVALUATED BIDDER

PER SCHEDULE.


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SECTION E

TECHNICAL SPECIFICATIONS

Notes

1.1 Evidence fromKEBSto prove compliance of quality with the Technical Specifications

mustbe provided

1.2 The bids must be as per the Technical Specifications in the Tender Document. Bids

that do not conform to the Technical Specifications shall be disqualified

1.3 Implied Warranty shall apply

1.4 The following Technical Specifications shall apply:-

Technical Specifications

(A) ROUND WOODEN FENCING POSTS

Item Description KenGen Specifications Manufacturer Compliance

1. Type of wood Hardwood

2. Treatment Pressure treated in creosote or celcured

in copper tanalith to the chemical

penetration of at least 1 (25mm)

3. Size At least 6" Diameter, 15' (feet) long

4. Standards Shall conform to KEBS standardspecification for preservation of timber

and poles (KS02-94-1985)

(A) SAWN CYPRESS TIMBER

Item Description KenGen Specifications Manufacturer Compliance

1. Type of wood Softwood

3. Sizes 3"x2", 2"x2", 4"x2", 6"x2" and 8"x1"


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SECTION F

PRICE SCHEDULES

PREAMBLE TO PRICE SCHEDULE

1. The materials to be supplied shall be new, unused and manufactured as per thespecifications.

2. Delivery will be made to Olkaria, Naivasha, within 2 monthsfrom the date of signingthe contract.

3. All prices shall be DDP, Olkaria Rig Store; No Separate quote for transport shall beincluded or implied. Ref. Special Conditions of Contract, Sub Clauses. 8 and 9

4. Evidence fromKEBSto prove compliance of quality with the Technical Specificationsmustbe provided, Ref. Technical Specifications. Section E Clause 1.2

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


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Schedule A: Round Wooden Fencing Posts

No. Item Description Unit QuantityUnit Price

(KShs)

Total Cost

(KShs)

1 6 (inch) diameter x 15'' (feet)long pressure impregnated

timer/wooden fencing posts

PCS 4000

Sub-Total Cost

Discount (%) if any

16% VAT

Total Cost (DDP Olkaria Rig Store)

Delivery period in Months:_______________________________( Months).

Tenderers name (Company) ________________________________________

Signature & Rubber stamp: ____________________Date____________________


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SECTION G

TENDER FORM

To: Kenya Electricity Generating Company Limited,

Stima Plaza Phase III, Kolobot Road, Parklands,P.O Box 47936-00100,

NAIROBI. Kenya.

Gentlemen and/or Ladies:

1. Having examined the Tender Document, the receipt of which is hereby duly acknowledged,we, the undersigned, offer to supply .(description of Goods)inconformity with the said Tender Document for the sum of

..........................................................................................................

(total tender amount in words and figures) or such other sums as may be ascertained inaccordance with the Schedule of Prices attached herewith and made part of this Tender.

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

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

4. We agree to abide by this Tender for a period of 90 days from the date fixed for Tenderopening under Clause 19 of the Instructions to Tenderers, and it shall remain binding upon usand may be accepted at any time before the expiration of that period.

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

between us.

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

Dated this ________________ day of ________________ 2013.

[signature] [in the capacity of]

Duly authorized to sign Tender for and on behalf of


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SECTION H

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

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

bidding process]

To: Kenya Electricity Generating Company

We, the undersigned, declare that:

1. We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration.

2. We accept that we will automatically be suspended from being eligible for bidding in anycontract with the Purchaser for the period of time of [12 months] starting on [ insert date

of signing this form], if we are in breach of our obligation(s) under the bid conditions,because we

a) Have withdrawn our Bid during the period of bid validity specified by us in theBidding Data Sheet; orb) Having been notified of the acceptance of our Bid by the Purchaser during the period

of bid validity,

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

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

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

(ii)Thirty days after the expiration of our Tender.4. We understand that if we are a Joint Venture, the Bid Securing Declaration must be in thename of the Joint Venture that submits the bid, and the Joint Venture has not been legally

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

all future partners as named in the letter of intent.

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

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

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

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


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SECTION I

CONTRACT FORM

THIS AGREEMENT made the _____ day of _________________ 2013 between Kenya

Electricity Generating Company Limitedof Kenya(hereinafter called the Employer) of theone part and __________________________________________ (hereinafter called the

Contractor) of the other part:

WHEREAS the Employer invited tenders for Tender for Supply of Wooden Fencing Posts &

Timber for Olkaria Geothermal Project and ancillary services, viz., Supply of Wooden FencingPosts & Timber for Olkaria Geothermal Project and has accepted a tender by the Contractor for

the provision of the supply in the sum of

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

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

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

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

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

this Agreement, viz.:

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

(b) The Schedule of Requirements;

(c) The General Conditions of Contract;

(d) The Special Conditions of Contract; and

(e) The Employers Notification of Award.

3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to provide the

services and to remedy defects therein in conformity in all respects with the provisions of theContract

4. The Employer hereby covenants to pay the Contractor in consideration of the provision

of the Public Address System for Olkaria Geothermal Project and services and theremedying of defects therein, the Contract Price or such other sum as may become payable under

the provisions of the contract at the times and in the manner prescribed by the contract.


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

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

Signed

For the Employer in the presence of:

COMPANY SECRETARY )

))

)

)

))

WITNESS )

)

Signed

For the Contractor in the presence of:

DIRECTOR ))

))

)))

SECRETARY )

)


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SECTION J

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

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

P.O Box 479360-00100,

NAIROBI. KENYA

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

___________ dated ______________________ 2013 to provide

__________________________________________________________________________________________(hereinafter called the Contract).

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall

furnish you with a bank guarantee by a reputable bank for the sum specified therein PerformanceSecurity for compliance with the Contractors performance obligations in accordance with the

Contract.

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

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the

Contractor, up to a total _______________________________________________________________________________(words)_____________(figures], and we undertake to pay you, upon

your first written demand declaring the Contractor to be in default under the Contract andwithout cavil or argument, any sum or sums within the limitsof_______________________________________

_____________________________________as aforesaid, without your needing to prove or to

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

This guarantee is valid until the _____ day of __________2013.

Signature and seal of the Guarantors

[Name of bank]

[Address]

[Date]


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SECTION K

MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE

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

Name of Applicant (S)

.

You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whicheverapplies to your type of business. Part 2 (d) to part 2(i) must be filled.

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

disqualification / termination of your business proposal at your cost.

Part 1 General

Business Name:......

Certificate of Incorporation / Registration No. Location of business premises: Country ...

Physical address .Town .

BuildingFloor..

Plot No. Street / Road ....Postal Address .Postal / Country Code

Telephone Nos Fax Nos. .

E-mail address ..Website.Contact Person (Full Names) .

Direct / Mobile Nos. ..

Title Power of Attorney (Yes / No). If Yes,attach written

document.

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

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

Value Added Tax No..

Value of the largest single assignment you have undertaken to date (US$/KShs).

Was this successfully undertaken? Yes / No. .(If Yes, attach reference)

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

Part 2 (a) Sole Propri etors

Full names .....

Nationality .. Country of Origin ....

*Citizenship details.....


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

companies)

Part 2 (b) Partnerships

Give details of partners as follows:

Full Name Nationality Citizenship Details Shares1

2

3

4

Company Profile .(Attach brochures)

Part 2 (c) Registered Company

Private or public .

Company Profile (Attach brochures or annual reports in case of public companies)

State the nominal and issued capital of the CompanyNominal KShs ...

Issued KShs ...

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

Give details of all directors as follows:-

NOTE: THIS SECTION MUST BE FILLED TO QUALIFY FOR

DOMESTIC PREFERENCE.

Full Name Nationality Citizenship Details Percentage of

Shares

Age/Gender

1

2

3

4

Part 2 (d) Debarment

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

engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen andany other public or private institutions.

Full Names Signature.Dated this day of 2013.In the capacity of

Duly authorized to sign Tender for and on behalf of

Part 2 (e) Criminal Of fence

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

a) ...


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b) ...c) d)

Have not been convicted of any criminal offence relating to professional conduct or the makingof false statements or misrepresentations as to its qualifications to enter into a procurement

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

proceedings.

Signed.

For and on behalf of M/s ..

In the capacity of .

Dated this day of .2013.Suppliers / Companys Official Rubber Stamp

Part 2 (f) Confl ict of I nterest

I/We, the undersigned state that I / We have no conflict of interest in relation to this

procurement:

a) b) c) d)

For and on behalf of M/s

In the capacity of

Dated this day of .2013Suppliers / Companys Official Rubber Stamp

Part 2 (g)

I nterest in the F irm:

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

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

Institution Title Signature Date

1

2

3

4

Part 2(h) 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.

CompanyName

Country Contract/OrderNo.

Value Contactperson

(Full

Names)

E-mailaddress

Cellphone

No.


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2

3

4

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

Part 2(i) Declaration

I / We, the undersigned state and declare that the above information is correct and that I / We

give Procurement Entity authority to seek any other references concerning my / our company

from whatever sources deemed relevant, e.g. Office of the Registrar of Companies, Bankers, etc.Full names

Signature

For and on behalf of M/s In the capacity of

Dated this day of .2013.

Suppliers / Companys Official Rubber Stamp

*Attach proof of citizenship

* Attach certified copies of the following documents:

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

Respective County Treasury

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

KGN OLK 81 2013 Tender for Supply of Wooden Fencing Posts & Timber for Olkaria Geothermal Project

Documents

Transcript of KGN OLK 81 2013 Tender for Supply of Wooden Fencing Posts & Timber for Olkaria Geothermal Project