KGN OLK 79 2013 Tender for Supply of Public Address System for Olkaria
KGN OLK 91 2013 Tender for Supply of Pumping Equipment for Olkaria & Eburru Drilling Water Supply...
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Supply of Pumping Equipment for Olkaria and Eburr u Dri ll ing Water Supply and
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1
KENYA ELECTRICITY GENERATING
COMPANY LTD
KGN-OLK-91-2013
TENDER FOR SUPPLY OF PUMPING
EQUIPMENT FOR OLKARIA & EBURRU
DRILLING WATER SUPPLY AND VIBRATION
TESTERS
(Booster Pumps, Verticall y Submerged Pumps, Submersible
Pumps, Hot Br ine Pumps and Vibration Testers)
Kenya Electricity Generating Company Ltd,
Stima Plaza Phase III,
Kolobot Rd, Parklands,
P.O Box 4793600100
NAIROBIKENYA.www.kengen.co.ke
November, 2013
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SECTION Page
Section A: Invitation for Tenders ......................................................................................................3
Section B: Instructions to Tenderers ................................................................................................4
Section C: General Conditions of Contract ....................................................................................13
Section D: Special Conditions of Contract ....................................................................................18
Section E: Schedule of Requirements ................................................................................................20
Section F: Price Schedules ................................................................................................................24
Section G: Tender Form .................................................................................................................35
Section H: Tender Security Form...................................................................................................36
Section H: Insurance Tender Security Form .....................................................................................37
Section I: Mandatory Confidential Business Questionnaire ..............................................................38
Section J: Contract Form ..............................................................................................................42
Section K: Performance Security Form .........................................................................................44
Section L: Manufacturers Authorization Form.............................................................................45
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SECTION A
INVITATION FOR TENDERS
Kenya Electricity Generating Company Limited (KenGen) invites sealed tenders for supply of
pumping equipment and vibration testers whose specifications are detailed in this Tender
Document.
Interested firms may obtain further information from, and inspect the Tender Document at the
Interested firms may obtain further information from, and inspect the Tender Document at the
office of the Supply Chain Manager, Tel: (254) (020) 3666000, Email:
[email protected],[email protected]:[email protected];
Where the tender document may be collected upon payment of a non-refundable fee of
KShs.1,000.00paid in cash or through a bankers cheque at any KenGen finance office. The
document can also be viewed and downloaded from the websitewww.kengen.co.ke,and theBidders who download the tender document from the website must forward their particulars
immediately for records and any further tender clarifications and addenda. Downloaded
copies are FREE.
Tenders MUSTbe accompanied by a Bid Security in the form and amount specified in the
Tender Document, and must be delivered to:
Company Secretary/Legal & Corporate Affairs Director
Kenya Electricity Generating Company Ltd.
7thFloor, Stima Plaza Phase III
Kolobot Road, ParklandsP.O. Box 47936 - 00100
NAIROBI, KENYA
On or before: 28th
November 2013 at 2.00 p.m.
Tenders will be opened on 28th
November 2013 at 2.30 p.m.in the presence of tenderers'
representatives who choose to attend in the Executive Room, 7thFloor, Stima Plaza Phase III.
SUPPLY CHAIN MANAGER
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/mailto:[email protected]:[email protected]:[email protected]:[email protected] -
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Section B: Instructions to Tenderers
Introduction
1. Eligible Tenderers
1.1 This Invitation for Tenders is open to all tenderers. The successful tenderer shallcomplete the supply of goods by the intended completion date specified in the tenderdocument.
1.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices.
2. Cost of Tendering
2.1 The Tenderer shall bear all costs associated with the preparation and submission of its
tender, and KenGen, will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the tendering process.
The Tender Document
3 Contents
3.1The tender document comprises the document listed below and addenda issued inaccordance with Clause 5 of the Instructions to Tenderers.
(a) Invitation for Tenders(b) Instructions to Tenderers(c) General Conditions of Contract(d) Special Conditions of Contract(e) Technical Specifications and Price Schedules(f) Tender Form(g) Tender Security Form(h) Mandatory Confidential Business Questionnaire(i) Contract Form(j) Performance Security Form(k) Manufacturers Authorization Form
3.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications inthe tender document. Failure to furnish all information required by the tender document
or to submit a tender not substantially responsive to the tender document in every respect
will be at the tenderers risk and may result in the rejection of its tender.
4. Clarification of Tender Document
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 Manager
Kenya Electricity Generating Company Ltd (KenGen)Ground Floor, Stima Plaza, Phase III
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Kolobot Road, Parklands
P.O Box 47936 - 00100
NAIROBI, KENYA
Fax: (254)(020) 3666200; E-mail: [email protected] [email protected]
KenGen will respond in writing to any request for clarification received no later than
Seven (7)calendar days prior to the deadline of submission of tenders.
5. Amendment of Tender Document
5.1 At any time prior to the deadline for submission of tenders, KenGen, for any reason,whether at its own initiative or in response to a clarification requested by a prospective
tenderer, may modify the tender document by amendment.
5.2 All prospective tenderers that have received the tender document will be notified of the
amendment in writing (email in PDF format or by facsimile), and will be binding on
them.
5.3 In order to allow prospective tenderers reasonable time in which to take the amendment
into account in preparing their tenders, KenGen, at its discretion, may extend the deadline
for the submission of tenders.
Preparation of Tenders
6. Language of Tender6.1The tender prepared by the tenderer, as well as all correspondence and document relating to
the tender exchanged by the tenderer and KenGen, shall be written in English. Supportingdocument and printed literature furnished by the tenderer may be written in another
language provided they are accompanied by an accurate English translation of the relevant
passages in which case, for purposes of interpretation of the tender, the English translation
shall govern.
7. Document Comprising the Tender
7.1 The tender prepared by the tenderer shall comprise the following components:
(a) a Tender Form and a Price Schedule completed in accordance with Clauses 8, 9and 10 below; and
(b) tender security furnished in accordance with Clause 11
8. Tender Form
8.1 The tenderer shall complete the Tender Form and the Price Schedule furnished in the
tender document, indicating the goods to be supplied, a brief description of the goods,
their country of origin, quantity and prices.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected] -
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9. Tender Prices
9.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total
tender price of the goods it proposes to supply under the contract.
9.2 For local suppliers, prices indicated on the Price Schedule shall be Delivered Duty Paid
(DDP) to Olkaria.
9.3 For foreign suppliers, prices indicated on the Price Schedule shall be Cost & Freight
(CFR) Mombasa.
9.4 Prices quoted by the tenderer shall be fixed during the tenderers performance of thecontract and not subject to variation on any account. A tender submitted with an
adjustable price quotation will be treated as non-responsive and will be rejected,
pursuant to Clause 21.
10. Tender Currencies
10.1 Prices shall be quoted in Kenya Shillings or in another freely convertible currency.
11. Tenderers Eligibility and Qualifications.
11.1 The tenderer shall furnish, as part of its tender, documents establishing the tenderers
eligibility to tender and its qualifications to perform the contract if its tender is accepted.
11.2 The documentary evidence of the tenderers eligibility to tender shall establish toKenGens satisfaction that the tenderer, at the time of submission of its tender, is from an
eligible source country.
11.3 The documentary evidence of the tenderers qualifications to perform the contract if its
tender is accepted shall establish to KenGens satisfaction:
(a) that, in the case of a tenderer offering to supply goods under the contract which thetenderer did not manufacture or otherwise produce, the tenderer has been duly
authorized by the goodss Manufacturer or producer to supply the goods;
(b) that the tenderer has the financial, technical, and production capability necessary toperform the contract.
12. Goods Eligibility and Conformity to Tender Document.
12.1 The tenderer shall furnish, as part of its tender, documents establishing the eligibility and
conformity to the tender documents of all goods, which the tenderer proposes to supply
under the contract.
12.2 The documentary evidence of the eligibility of the goods shall consist of a statement in
the Price Schedule of the country of origin of the goods offered, which shall be
confirmed by a certificate of origin issued at the time of shipment.
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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 Technical
Specifications.
13. Tender Security
13.1 The tenderer shall furnish, as part of its tender, a tender security in the amount ofKenya Shillings Nine Hundred Thousand (Ksh 900,000.00) or equivalent in a freely
convertible currency.
13.2
The tender security is required to protect KenGen against the risk of tenderers conduct,which would warrant the securitys forfeiture, pursuant to Clause 13.7.
13.3 The tender security shall be denominated in Kenya Shillings or in another freely
convertible currency, and shall be in the form of a bank guarantee, bank draft issued by a
reputable bank located in Kenya or abroad or an insurance company approved by the
Public Procurement Oversight Authority (PPOA), in the form provided in the tender
document or another form acceptable to KenGen and valid to 27thApril 2014
13.4 Any tender not secured in accordance with Clause 13.1 and 13.3 will be rejected by
KenGen as non-responsive, pursuant to Clause 22.
13.5 Unsuccessful tenderers tender security will be discharged or returned as promptly aspossible, but not later than thirty (30) days after the expiration of the period of tender
validity prescribed by KenGen.
13.6 The successful tenderers tender security will be discharged upon the tenderer signing thecontract, pursuant to Clause 28, and furnishing the performance security, pursuant to
Clause 30.
13.7 The tender security may be forfeited:
(a) if a tenderer withdraws its tender during the period of tender validity specified byKenGen on the Tender Form; or
(b) in the case of a successful tenderer, if the tenderer fails:
(i) to sign the contract in accordance with Clause 29or
(ii) to furnish performance security in accordance with Clause 30.
14. Validity of Tenders14.1 Tenders shall remain valid for 150 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
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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 13
shall 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 Tender15.1 The tenderer shall prepare an original and two copies of the tender, clearly marking each
ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of
any discrepancy between them, the original shall govern.
15.2 The original and 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
the person or persons signing the tender.
Submission of Tenders
16. Sealing and Marking of Tenders16.1 The tenderer shall seal the original and copies of the tender in separate envelopes, duly
marking the envelopes as ORIGINAL and COPY. The envelopes shall then be
sealed in an outer envelope.
16.2 The inner and outer envelopes shall:
(a) be addressed to:Company Secretary/Legal & Corporate Affairs Director
Kenya Electricity Generating Company Limited
7thFloor, Stima Plaza Phase III
Kolobot Road, Parklands
P.O. Box 47936-00100
NAIROBI
(b) bear, "SUPPLY OF PUMPING EQUIPMENT FOR OLKARIA & EBURRUDRILLING WATER SUPPLY AND VIBRATION TESTERS ", and the
statement: DO NOT OPEN BEFORE 28TH
NOVEMBER 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.
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17. Deadline for Submission of Tenders17.1Tenders must be received by KenGen at the address specified under Clause 16.2 not later
than 28th
November 2013 at 2.00 p.m.
17.2 KenGen may, at its discretion, extend this deadline for the submission of tenders by
amending the tender document in accordance with Clause 5, in which case all rights and
obligations of KenGen and tenderers previously subject to the deadline will thereafter be
subject to the deadline as extended.
18. Modification and Withdrawal of Tenders18.1 The tenderer may modify or withdraw its tender after the tenders submission, provided
that written notice of the modification, including substitution or withdrawal of the
tenders, is received by KenGen prior to the deadline prescribed for submission of tenders.
18.2 The tenderers modification or withdrawal notice shall be prepared, sealed, marked, and
dispatched in accordance with the provisions of Clause 16. A withdrawal notice may
also be sent by cable, but followed by a signed confirmation copy, postmarked not later
than the deadline for submission of tenders.
18.3 No tender will be modified after the deadline for submission of tenders.
18.4 No tender will be withdrawn in the interval between the deadline for submission of
tenders and the expiration of the period of tender validity specified by the tenderer on the
Tender Form. Withdrawal of a tender during this interval may result in the tenderers
forfeiture of its tender security, pursuant to Clause 13.7.
19. Alternative Proposals by Tenderers
19.1 Alternative tenders and options shall not be accepted. In case of offered alternatives, only
that item which is marked as being the alternative or the first of several alternative itemsshall be evaluated.
Opening and Evaluation of Tenders
20. Opening of Tenders20.1KenGen will open all tenders in the presence of tenderers representatives who choose to
attend on 28th November 2013 at 2.30 p.m. The tenderers representatives who are
present shall sign a register evidencing their attendance.
20.2 The tenderers names, tender modifications or withdrawals, tender prices, discounts, and
the presence or absence of requisite tender security and such other details as KenGen, atits discretion, may consider appropriate, will be announced at the opening.
20.3 KenGen will prepare minutes of the tender opening.
21. Clarification of Tenders21.1 To assist in the examination, evaluation and comparison of tenders KenGen may, at its
discretion, ask the tenderer for a clarification of its tender. The request for clarification
and the response shall be in writing (email in PDF format or by facsimile), and no change
in the prices or substance of the tender shall be sought, offered, or permitted.
Any effort by the tenderer to influence KenGen in its decisions on tender evaluation,
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tender comparison or contract award may result in the rejection of the tenderers tender.
22. Preliminary Examination
22.1 KenGen will examine the tenders to determine whether they are complete, whether anycomputational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the tenders are generally
in order.
22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail, and the total price shall be corrected. If the
tenderer does not accept the correction of the errors, its tender will be rejected, and its
tender security may be forfeited. If there is a discrepancy between words and figures, the
amount in words will prevail.
22.3 KenGen may waive any minor informality or non-conformity or irregularity in a tender
which does not constitute a material deviation, provided such waiver does not prejudice
or affect the relative ranking of any tenderer.
22.4 Prior to the detailed evaluation, pursuant to Clause 23, KenGen will determine the
substantial responsiveness of each tender to the tender document. For purposes of these
paragraphs, a substantially responsive tender is one, which conforms to all the terms and
conditions of the tender document without material deviations. KenGens determination
of a tenders responsiveness is to be based on the contents of the tender itself without
recourse to extrinsic evidence.
22.5If a tender is not substantially responsive, it will be rejected by KenGen and may notsubsequently be made responsive by the tenderer by correction of the nonconformity
22.6 Mandatory Preliminary Evaluation Criteria Manufacturers authorization, guarantee and warranty Duly completed Tender Form Duly completed Price Schedule Duly completed Confidential Business Questionnaire Audited financial statements for the past two (2) years Evidence of incorporation in the country of domicile i.e. Certificate of
Incorporation/ Registration.
Tender Security in the amount of Ksh 900,000.00 or equivalent in a freelyconvertible currency.
The Tender validity period shall be 120 days from the date of tender closing. Tender Security has to be valid to 27thApril 2014 thirty (30) days beyond the
validity of the tender i.e 150 days from the date of tender closing.
Valid Tax Compliance Certificate issued by Kenya Revenue Authority (for localsuppliers)
23. Evaluation and Comparison of Tenders23.1 KenGen will evaluate and compare the tenders, which have been determined to be
substantially responsive, pursuant to clause 21.
23.2 KenGens evaluation of a tender will exclude and not take into account any allowance forprice adjustment during the period of execution of the contract, if provided in the tender.
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23.3KenGens evaluation of a tender will take into account, in addition to the tender price andthe price of incidental services, the following factors:
a) Compliance to the tender requirements pursuant to Clauses 11, 12 and 13;b) Qualification information provided in the Mandatory Confidential Business
Questionnaire;
c) Tender validity of not less than 120 days;d) Delivery period offered in the tender. The delivery period should not Exceed 3
Monthsafter the date of signing the Contract respectively;
e) Deviation in payment schedule from that specified in the Special Conditions ofContract;
f) Compliance to the technical specifications. Documentary evidence to prove that theequipment offered comply with the Technical Specifications must be provided;
g) Technical performance. Tenderers shall indicate the number of units currently inoperation and their location;
h) Warranty for the equipment offered. The terms of warranty are specified in theSpecial Conditions of Contract; and
i)
Compliance with Section E notes 1 to 9.
24. Contacting KenGen24.1 Subject to Clause 21, no tenderer shall contact KenGen on any matter relating to its
tender, from the time of the tender opening to the time the contract is awarded.
24.2 Any effort by a tenderer to influence KenGen in its decisions on tender evaluation, tender
comparison, or contract award may result in the rejection of the tenderers tender.
Award of Contract
25. Award Criteria25.1 Subject to Clauses 7, 8, 9, 11, 13, 22 and 23 KenGen will award the contract to the
successful tenderer(s) whose tender has been determined to be substantially responsive
and has been determined to be the lowest evaluated tender.
26. KenGens Right to Vary Quantities26.1 KenGen reserves the right at the time of contract award to increase or decrease the
quantity of goods originally specified in the Schedule of Requirements without any
change in unit price or other terms and conditions.
27. KenGens Right to Accept or Reject Any or All Tenders
27.1 KenGen reserves the right to accept or reject any tender, and to annul the tenderingprocess and reject all tenders at any time prior to contract award, without thereby
incurring any liability to the affected tenderer or tenderers or any obligation to inform the
affected tenderer or tenderers of the grounds for its action.
28. Notification of Award28.1Prior to the expiration of the period of tender validity, KenGen will notify the successful
tenderer in writing that its tender has been accepted.
28.2Upon the successful tenderers furnishing of the performance security pursuant to Clause30, KenGen will promptly notify each unsuccessful tenderer and will discharge its tender
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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 shallsign and date the contract and return it to KenGen.
30. Performance Security30.1 Within fourteen (14) days of receipt of the notification of Contract award, the successful
Tenderer shall furnish to the Purchaser the performance security in accordance with the
Performance Security Form provided in the tender document, or in another form
acceptable to KenGen.
30.2 Failure of the successful tenderer to comply with the requirement of Clause 29 or Clause
30 shall constitute sufficient grounds for the annulment of the award and forfeiture of thetender security, in which event KenGen may make the award to the next lowest evaluated
tenderer or call for new tenders.
31. Corrupt or Fraudulent Practices31.1 KenGen requires that tenderers observe the highest standard of ethics during the
procurement process and execution of contracts. In pursuance of this policy, KenGen:-
(a)defines, for the purposes of this provision, the terms set forth below as follows:(i) corrupt practice means the offering, giving, receiving or soliciting of any
thing of value to influence the action of a public official in the procurementprocess or in contract execution; and
(ii) fraudulent practice means a misrepresentation of facts in order to influence
a procurement process or the execution of a contract to the detriment of
KenGen, and includes collusive practice among tenderers (prior to or after
tender submission) designed to establish tender prices at artificial non-
competitive levels and to deprive KenGen of the benefits of free and open
competition;
(b) will reject a proposal for award if it determines that the tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the contractin question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded any contract if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing, a contract.
31.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions of
Contract.
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SECTION C
GENERAL CONDITIONS OF CONTRACT
1. Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated:
(a) The Contract means the agreement entered into between KenGen and the
Supplier, as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.
(b) The Contract Price means the price payable to the Supplier under the Contract forthe full and proper performance of its contractual obligations.
(c) The Supplier means the individual or firm supplying the goods under thisContract.
(d) The Goods means all of the equipment, machinery, and/or other materials, whichthe Supplier is required to supply to KenGen under this Contract.
2. Application
2.1 These General Conditions shall apply in all Contracts made by KenGen for the
procurement of goods.
3. Country of Origin
3.1 For purposes of this Clause, origin means the place where the Goods were
manufactured or produced.
3.2 The origin of the Goods is distinct from the nationality of the Supplier.
4. Standards
4.1 The Goods supplied under this Contract shall conform to the standards mentioned in the
Technical Specifications.
5. Use of Contract Documents and Information
5.1 The Supplier shall not, without KenGens prior written consent, disclose the Contract, orany provision thereof, or any specification, plan, drawing, pattern, sample, or
information furnished by or on behalf of KenGen in connection therewith, to any person
other than a person employed by the Supplier in the performance of the Contract.
5.2 The Supplier shall not, without KenGens prior written consent, make use of anydocument or information enumerated in Clause 5.1 above.
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
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Suppliers performance obligations under the Contract if so required by KenGen.
6. Patent Rights
6.1 The Supplier shall indemnify KenGen against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the Goods or any part
thereof in Kenya.
7. Performance Security
7.1 Within fifteen (15) days after signing of the Contract award, the Supplier shall furnish to
KenGen the performance security in the amount specified in Special Conditions of
Contract.
7.2 The proceeds of the performance security shall be payable to KenGen as compensation
for any loss resulting from the Suppliers failure to complete its obligations under the
Contract.
7.3 The performance security shall be denominated in the currency of the Contract, or in afreely convertible currency acceptable to KenGen and shall be in the form of a bank
guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or
abroad, acceptable to KenGen, in the form provided in the tender document.
7.4 The performance security will be discharged by KenGen and returned to the Supplier notlater than thirty (30) days following the date of completion of the Suppliers performance
obligations under the Contract, including any warranty obligations, under the Contract.
8. Inspection and Tests
8.1 KenGen or its representative shall have the right to inspect and/or to test the Goods to
confirm their conformity to the Contract specifications. KenGen shall notify the Supplier
in writing, in a timely manner, of the identity of any representatives retained for these
purposes.
8.2 The inspections and tests may be conducted on the premises of the Supplier or its
subcontractor(s), at point of delivery, and/or at the Goods final destination. If conducted
on the premises of the Supplier or its subcontractor(s), all reasonable facilities and
assistance, including access to drawings and production data, shall be furnished to the
inspectors at no charge to KenGen.
8.3 Should any inspected or tested Goods fail to conform to the Specifications, KenGen mayreject the Goods, and the Supplier shall either replace the rejected Goods or make
alterations necessary to meet specification requirements free of cost to KenGen.
8.4 KenGen's right to inspect, test and, where necessary, reject the Goods after the Goods
arrival shall in no way be limited or waived by reason of the Goods having previously
been inspected, tested, and passed by KenGen or its representative prior to the Goods
delivery.
8.5Nothing in Clause 8 shall in any way release the Supplier from any warranty or otherobligations under this Contract.
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8.6All consignments subject to Pre-Export Verification of Conformity (PVoC) to StandardsProgramme must obtain a Certificate of Conformity (CoC) issued by PvoC Country
Offices Prior to shipment. The Certificate is a mandatory Customs Clearance document in
Kenya; Consignments arriving at Kenyan Ports without this document will be denied entry
into the Country. Since PVoC is a conformity assessment process to verify that products
imported to Kenya are in compliance with the applicable Kenya standards or approved
equivalents, regulations and technical requirements before shipment, it is the sole
responsibility of the supplier (i.e. exporter) to demonstrate the same and hence meet any
associated costs of verification.
9 Packing
9.1 The Supplier shall provide such packing of the Goods as is required to prevent theirdamage or deterioration during transit to their final destination, as indicated in the
Contract.
9.2
The packing, marking, and documentation within and outside the packages shall complystrictly with such special requirements as shall be expressly provided for in the Contract.
10. Delivery and Documents
10.1 Delivery of the Goods shall be made by the Supplier in accordance with the termsspecified by KenGen in its Schedule of Requirements and the Special Conditions of
Contract.
11. Insurance
11.1 The Goods supplied under the Contract shall be fully insured against loss or 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 the
most recent or current models, and that they incorporate all recent improvements in
design and materials unless provided otherwise in the Contract. The Supplier further
warrants that all Goods supplied under this Contract shall have no defect, arising from
design, materials, workmanship, or from any act or omission of the Supplier, that may
develop under normal use of the supplied Goods in the conditions prevailing in thecountry.
12.2 The warranty period for the Goods is specified under the Special Conditions of 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 the period specified in the Special
Conditions of Contract, and with all reasonable speed, repair or replace the defective
Goods or parts thereof, without costs to KenGen.
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12.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period
specified in 12.4 above, within a reasonable period, KenGen may proceed to take such
remedial action as may be necessary, at the Suppliers risk and expense and without
prejudice to any other rights which KenGen may have against the Supplier under the
Contract.
13. Payment
13.1 The method and conditions of payment to be made to the Supplier under this Contract
shall be specified in Special Conditions of Contract.
13.2 Payments shall be made promptly by KenGen as specified in the Contract.
14. Prices
14.1 Prices charged by the Supplier for Goods delivered under the Contract shall not, with the
exception of any price adjustments authorized in Special Conditions of Contract, vary
from the prices quoted by the Supplier in its tender.
15. Assignment
15.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this
Contract, except with KenGens prior written consent.
16. Subcontracts
16.1 The Supplier shall notify KenGen in writing of all subcontracts awarded under this
Contract if not already specified in the tender. Such notification, in the original tender or
later, shall not relieve the Supplier from any liability or obligation under the Contract.
17. Termination for Default
17.1 KenGen may, without prejudice to any other remedy for breach of Contract, by written
notice of default sent to the Supplier, terminate this Contract in whole or in part:
(a) if the Supplier fails to deliver the Goods within the period(s) specified in the
Contract, or within any extension thereof granted by KenGen.
(b) if the Supplier fails to perform any other obligation(s) under the Contract.
(c) if the Supplier, in the judgment of KenGen has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
17.2 In the event KenGen terminates the Contract in whole or in part, it may procure, uponsuch terms and in such manner, as it deems appropriate, Goods similar to those
undelivered, and the Supplier shall be liable to KenGen for any excess costs for such
Goods.
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18. Liquidated Damages
18.1 If the Supplier fails to deliver the Goods within the period(s) specified in the Contract,KenGen shall, without prejudice to its other remedies under the Contract, deduct from
the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the delivered
price of the delayed Goods for each week of delay until actual delivery, up to a
maximum deduction of 10% of the delivered price of the delayed Goods. After this
KenGen may consider termination of the Contract.
19. Resolution of Disputes
19.1 KenGen and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement or dispute arising between them under or in connection
with the Contract.
19.2 If, after thirty (30) days from the commencement of such informal negotiations both
parties have been unable to resolve amicably a Contract dispute, either party may require
that the dispute be referred for resolution to formal mechanisms. These mechanismsinclude, but are not restricted to, conciliation by a third party, adjudication in an agreed
national or international forum, and/or international arbitration.
20. Language and Law
20.1 The language of the Contract and the law governing the Contract shall be English
language and the Laws of Kenya respectively unless otherwise stated.
21. Force Majeure
21.1 The Supplier shall not be liable for forfeiture of its performance security, or 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
1. DefinitionsThe Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot
Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legal
representatives, successors or assigns.
2. ApplicationThe following Special Conditions of Contract shall supplement the General Conditions of Contract.
Whenever there is a conflict, the provisions herein shall prevail over those in the General
Conditions of Contract.
7. Performance Security
The Performance Security shall be in the amount of 10% of the Contract Price.
8. Inspections and Tests
All consignments subject to Pre-Export Verification of Conformity (PVoC) to Standards
Programme must obtain a Certificate of Conformity (CoC) issued by PvoC Country Offices
Prior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya;
Consignments arriving at Kenyan Ports without this document will be denied entry into the
Country. Since PVoC is a conformity assessment process to verify that products imported to
Kenya are in compliance with the applicable Kenya standards or approved equivalents,
regulations and technical requirements before shipment, it is the sole responsibility of the
supplier (i.e. exporter) to demonstrate the same and hence meet any associated costs of
verification.
10. Delivery Period
The delivery period shall be within 3 monthsafter the date of contract award i.e. date of receipt
of official order or signed contract.
12. Warranty
A warranty certificate must be provided with the equipment. The warranty period shall be atleast 12 monthsfrom the date of delivery of the equipment. The period for correction of defects
in the warranty period is 30 days.
13. Payment Terms and Conditions
Local Suppliers
KenGens payment terms are 30 days upon receipt of certified invoices and delivery notes
confirming that the invoiced material has been delivered and is in accordance with the contract.
Payment shall be made through KenGens cheque or telegraphic transfer for the amount of contract.The terms shall be:-
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i.Strictly Delivered and Duty Paid (DDP) to Olkaria.Foreign Suppliers
Payment shall be through an LC under the following conditions:-
i.Payment shall be effected upon presentation of a complete set of shipping documentsto the advising bank as will be stipulated in the Letter of Credit (LC).
ii.The Supplier shall be required to meet all LC bank charges incurred in their country;while KenGen will meet those incurred in Kenya.
iii. Any extension and or amendment charges and other costs that may result from theSuppliers delays, requests, mistakes or occasioned howsoever by the Supplier shall
be to the Suppliers account.
iv. The number of LC extensions shall be limited to a maximum of two (2) only, butnot exceeding one quarter (3 months) each, at the cost of the Supplier.
v.Should the Supplier require a confirmed LC, then all confirmation and any otherrelated charges levied by both the Suppliers and KenGens bank shall be to theSuppliers account.
vi. The LC shall be opened only for the specific order within the validity period of thecontract.
vii.LCs shall be partial for partial deliveries or full for one delivery as per the contract.viii. The Supplier shall be required to submit a Proforma Invoice for each lot or
schedule for use in the placement of order and opening of the LC. The Proforma
Invoice shall be on total Cost and Freight (CFR) basis showing the freight charges
separately from the Free on Board (FOB) cost. KenGen will meet the Freight
Insurance cost.
ix. A copy of the Performance Security, stamped and certified as authentic by KenGen,whose expiry date should not be less than 30 days from the LC expiry date , shallform part of the documents to be presented to the bank before any payment is made.
Advance Payment
Advance payment is not applicable.
14. Prices
Prices shall be fixed during the Suppliers performance of the Contract and not subject to
variation on any account.
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Section E: Schedule of Requirements and Technical SpecificationsNotes Applicable to Technical Specifications & Schedule of Requirements:
1. The Goods to be supplied must be new, unused and of the latest design.2. Relevant descriptive literature of the Goods showing conformity to technical specification
shall be provided with the bid.
3. If there is a discrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and the total price shall be
corrected.
4. Delivery Period: The delivery period shall be withinTHREE (3) Monthsafter the date ofsigning the Contract.
5. Tender will be awarded to the Lowest Evaluated Tenderer per schedule.6. Technical Data/Brochures: - Bidders Must provide relevant technical data detailing the
performance parameters of the equipment or Original manufacturer brochures or samples
and/or pictures of the goods to be supplied mentioning the exact model of the good: where
there are more than one model on a brochure, the bidder, Musthighlight the option which
they are quoting for in this tender.
7. The warranty period shall be at least 12 monthsfrom the date of delivery of the equipment.The period for correction of defects in the warranty period is 30 days.
Summary of Schedule of Requirements
Schedule Description Quantity
A High pressure booster pumps 2
B Vertical Submerged pumps 12
C Submersible pumps 5
D Hot brine pumps 5
E Vibration Testers 2
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TECHNICAL SPECIFICATIONS
KenGen may at its sole discretion accept any other alternative specification which is in its
opinion equal or superior to that specified.
SCHEDULE A: HIGH PRESSURE BOOSTER PUMP
a. Each pump set shall be a horizontal multistage centrifugal pump directly coupled to anappropriately rated electric motor, correctly aligned and mounted on a common base
frame.
b. Each pump set shall have a capacity of 2400 litres/minute (144 m3/hr) at a head of atleast 260 metres.
c. An appropriately rated 40-metre long rubber sheathed power supply copper cable shallbe supplied with each pump.
d. Each pump set shall be supplied complete with an appropriately rated motor controlpanel incorporating the following:
StarDelta starter Overload protection Phase failure relay Under-voltage protection Main isolating switch (MCCB) Additional auxiliary contacts Meteringvoltmeter, ammeter and hour-meter Status indication lights (on/off). All the control elements should be housed in a spacious in-door lockable cabinet.
e. Each pump shall be designed for continuous operation(without overheating) at therated output.
f. Each pump shall have a maximum working pressure rating (pump casing) of at least 40bars.
g. All rotating parts of the pump set shall be appropriately guarded.h. The pumps shall be used to pump brine and the pump parts shall be made of corrosion
resistant materials - stainless steel.
i. The pumps shall be operating at an ambient temperature range of 14C to 30C.j. Installation, operating, maintenance and parts manuals shall be supplied with the pump
sets.
SCHEDULE B: VERTICAL SUBMERGED PUMPS
a) Each pump shall be a portable type electric motor driven.b) The construction of each pump shall be vertical with motor in dry installation and pump
body submerged in the liquid handled. The shaft joining pump with motor shall not be
more than 1.5 metre long. Each pump shall be equipped with asuction strainer.
c) Each pump shall have a capacity of 100 m3/hr at a head of at least20 metres.d) Each pump shall have a capacity to pump sludge/ Sewage.e) Each pump shall be designed for continuous operation (without overheating) at the
rated output.
f) Each pump shall be able to pump liquid up to 80 Cg)
Power supply: 3-phase, 50 Hz, 415 volts.
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h) An appropriately rated 40-metre long rubber sheathed power supply copper cable shallbe supplied with each pump.
i) An appropriately rated 40-metre long discharge hose shall be supplied with each pump.j) Each pump shall be supplied complete with an appropriate remote starter with overload
protection.
k) Installation, operating, maintenance and parts manuals shall be supplied with the pumps.
SCHEDULE C: SUBMERSIBLE PUMPS
a) Each pump shall be a portable type electric motor driven submersible drainage or de-watering pump, Flygt 2125.181 or equivalent.
b)Each pump shall have a capacity of 150 m3/hr at a head of at least 15 metres.c) Each pump shall be designed for continuous operation(without overheating) at the
rated output.
d)Power supply: 3-phase, 50 Hz, 415 volts.e) An appropriately rated 40-metre long rubber sheathed power supply copper cable shall
be supplied with each pump.f) An appropriately rated 40-metre long discharge hose shall be supplied with each pump.g)Each pump shall be supplied complete with an appropriate remote starter with overload
protection.
h) Installation, operating, maintenance and parts manuals shall be supplied with the pumps.SCHEDULE D: HOT BRINE PUMPS
a) Each pump shall be an electric motor driven vertical centrifugal hot liquid pump,Grundfos CRN 150-5-2 or equivalent.
b) Each pump must be capable of handling liquids at temperatures between zero and 120oC.c) Each pump must be capable of handling liquids with acidic or alkaline properties.d) Each pump shall have a capacity of 100m3/hr at ahead of at least 110 metres with a
maximum head (closed) of about 140 metres.
e) Each pump shall be designed for continuous operation (without overheating) at therated output.
f) Power supply: 3-phase, 50 Hz, 415 volts.g) Maximum power: 55 KWh) An appropriately rated 40-metre long rubber sheathed power supply copper cable
shall be supplied with each pump.i) Each pump shall be supplied complete with an appropriately rated motor control panel
with following minimum specifications:-
Waterproof closed metallic board IP-66 with hinged front access door andclosure by pad-lockable suitable for outdoor installation
Side cable entry box suitable for top or bottom cable entry General isolating switch Three general fuses of line Control fuses Control transformer with appropriately rated control voltage Automatic star-delta starter for a 55 KW, 415V, 50 Hz 3-phase motor,
including double breaking three pole contactors and electronic timer with
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commutation pause, differential and self balanced thermal relay at ambient
temperature to protect the motor, phase failure relay etc.
3 phase voltmeter to meter line and phase voltage 3 phase ammeter to meter line current 100A, 415V, 3 phase fused Isolator in a metal enclosure Hand-Off-Automatic control selector
On-Off push buttons Two On-Breakdown lights Arrangement for control from the outside by means of pressure switches,
floats, flow switches etc with override facility.
j) Documents to be provided with the pumps should include the following:- Installation, operating, maintenance and spare parts manuals Schematic diagrams of motor control systems List of various electrical components of the control panels and their source
(OEM)
SCHEDULE E: VIBRATION TESTERS
a) Each Vibration Tester shall be able to detect standard faults such as unbalance,looseness, misalignment and bearing failures.
b) Each Vibration Tester shall give diagnosis details in plain text diagnosis, fault severity(slight, moderate, serious, extreme), repair details, cited peak, spectra.
c) Each Vibration Tester shall be automatic ranging.d) Each Vibration Tester sampling rate shall range between 2.5 kHz to 50 kHz.e) Each Vibration Tester shall have dynamic range of 128dB.f) Each Vibration Tester shall have amplitude accuracy +-0.1 dBV.g) Each Vibration Tester shall have non volatile memory.h) Operating, maintenance and parts manuals shall be supplied with the testers.
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Section F: Price Schedules
SCHEDULE A
HIGH PRESSURE BOOSTER PUMPS
LOCAL SUPPLIER:
Item Description Unit Quantit
y
Unit Price
Ksh
Total Price
Ksh
1 Horizontal multistage centrifugal water
pump set with a capacity of 2400 L/min
at 260 m head, complete with motor
control panel as per Technical
Specifications.
Set 2
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK fees, etc
Other Charges e.g. transport, handling
Total Cost to Olkaria Power Station
Country of Origin
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided. The bids must as per the Technical Specifications in the Tender Document. Bids that do not
conform to the Technical Specifications will be disqualified.
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SCHEDULE A
HIGH PRESSURE BOOSTER PUMPS
FOREIGN SUPPLIER:
Item Description Unit Quantit
y
Unit Price Total Price
1 Horizontal multistage centrifugal water
pump set with a capacity of 2400 L/min
at 260 m head, complete with motor
control panel as per Technical
Specifications.
Set 2
Total Cost
Discount (%) if any
Air / Sea freight charges to Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Mombasa PortCountry of Origin
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided.
The bids must as per the Technical Specifications in the Tender Document. Bids that do notconform to the Technical Specifications will be disqualified.
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SCHEDULE B
VERTICAL SUBMERGED PUMP
LOCAL SUPPLIER:
Item Description Unit Quantit
y
Unit Price Total Price
1 Portable type electric vertical
submerged drainage pump with a
capacity of 100 m3/hr at 20 m head,
complete with suction strainer, power
cable, discharge hose and remote
starter as per Technical Specifications.
Set 12
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK fees, etc
Other Charges e.g. transport, handlingTotal Cost to Olkaria Power Station
Country of Origin
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided.
The bids must as per the Technical Specifications in the Tender Document. Bids that do notconform to the Technical Specifications will be disqualified.
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SCHEDULE B
VERTICAL SUBMERGED PUMP
FOREIGN SUPPLIER:
Item Description Unit Quantit
y
Unit Price Total Price
1 Portable type electric vertical
submerged drainage pump with a
capacity of 100 m3/hr at 20 m head,
complete with suction strainer, power
cable, discharge hose and remote
starter as per Technical Specifications.
Set 12
Total Cost
Discount (%) if any
Air / Sea freight charges to Mombasa Port
Other Charges (if any)Total Cost & Freight (CFR) Mombasa Port
Country of Origin
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided.
The bids must as per the Technical Specifications in the Tender Document. Bids that do notconform to the Technical Specifications will be disqualified.
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SCHEDULE C
SUBMERSIBLE PUMPS
LOCAL SUPPLIER:
Item Description Unit Quantity Unit Price Total Price
1 Submersible pump complete with power
cable, drainage hose and remote starter
as per Technical Specifications.
Piece 5
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK fees, etc
Other Charges e.g. transport, handling
Total Cost to Olkaria Power Station
Country of Origin
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided. The bids must as per the Technical Specifications in the Tender Document. Bids that do not
conform to the Technical Specifications will be disqualified.
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SCHEDULE C
SUBMERSIBLE PUMPS
FOREIGN SUPPLIER:
Item Description Unit Quantity Unit Price Total Price
1 Submersible pump complete with power
cable, drainage hose and remote starter
as per Technical Specifications.
Piece 5
Total Cost
Discount (%) if any
Air / Sea freight charges to Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Mombasa PortCountry of Origin
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided.
The bids must as per the Technical Specifications in the Tender Document. Bids that do notconform to the Technical Specifications will be disqualified.
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SCHEDULE D
HOT BRINE PUMPS COMPLETE WITH MOTOR CONTROL PANELS
LOCAL SUPPLIER:
Item Description Unit Quantity Unit Price Total Price
1 Hot brine pump as per the technicalspecifications
Piece 5
2 Control panel as per the technicalspecifications
Piece 5
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK fees, etc
Other Charges e.g. transport, handling
Total Cost to Olkaria Power Station
Country of OriginpumpsCountry of Origincontrol panels
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided. The bids must as per the Technical Specifications in the Tender Document. Bids that do not
conform to the Technical Specifications will be disqualified.
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SCHEDULE D
HOT BRINE PUMPS COMPLETE WITH MOTOR CONTROL PANELS
FOREIGN SUPPLIER:
Item Description Unit Quantity Unit Price Total Price
1 Hot brine pump as per the technicalspecifications
Piece 5
2 Control panel as per the technicalspecifications
Piece 5
Total Cost
Discount (%) if any
Air / Sea freight charges to Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Mombasa PortCountry of Originpumps
Country of Origincontrol panels
Currency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided. The bids must as per the Technical Specifications in the Tender Document. Bids that do not
conform to the Technical Specifications will be disqualified.
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SCHEDULE E
VIBRATION TESTERS
LOCAL SUPPLIER:
Item Description Unit Quantity Unit Price Total Price
1 Vibration testers as per technicalspecifications
Piece 2
2 Commissioning and training fee
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK fees, etc
Other Charges e.g. transport, handling
Total Cost to Olkaria Power Station
Country of Origin
Currency of TenderDelivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided.
The bids must as per the Technical Specifications in the Tender Document. Bids that do notconform to the Technical Specifications will be disqualified.
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SCHEDULE D
HOT BRINE PUMPS COMPLETE WITH MOTOR CONTROL PANELS
FOREIGN SUPPLIER:
Item Description Unit Quantity Unit Price Total Price
1 Vibration testers as per technicalspecifications
Piece 2
2 Commissioning and training fee
Total Cost
Discount (%) if any
Air / Sea freight charges to Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Mombasa Port
Country of OriginCurrency of Tender
Delivery Period
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________Date_________________
NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail. Documentary evidence to prove that the items offered comply with the Technical Specifications
mustbe provided.
The bids must as per the Technical Specifications in the Tender Document. Bids that do notconform to the Technical Specifications will be disqualified.
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SUMMARY OF TENDER PRICES
Schedule Currency Total cost Delivered to:
A
B
C
D
E
Total (to be transferred to Tender Form)
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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)in
conformity with the said Tender Document for the sum of
..........................................................................................................
(total tender amount in words and figures) or such other sums as may be ascertained in
accordance with the Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver the Goods in accordance with thedelivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10%percent of the Contract Price for the due performance of the Contract, in the form prescribed
by KenGen.
4. We agree to abide by this Tender for a period of 120 days from the date fixed for Tenderopening under Clause 19 of the Instructions to Tenderers, and it shall remain binding upon
us and may be accepted at any time before the expiration of that period.
5. Until a formal Contract is prepared and executed, this Tender, together with your writtenacceptance thereof and your notification of award, shall constitute a binding Contract
between us.
6. We understand that you are not bound to accept the lowest or any Tender you 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 Security Form
(To be on the Letterhead of the Bank)
Whereas ............................................(name of the tenderer)(hereinafter called the Tenderer)
has submitted its tender dated .................................... (date of submission of tender) for the
supply of ..(description of Goods)(hereinafter called the Tender).
KNOW ALL PEOPLE by these presents that WE ..........................................(name of the bank)
of ............................................(address of bank)(hereinafter called the Bank), are bound unto
KenGen in the sum of ...................................................................................................
......................................................(amount in words and figures)for which payment well and
truly to be made to the said KenGen , the Bank binds itself , its successors, and assigns by these
presents. Sealed with the Common Seal of the said Bank this ___________ day of
___________________ 2013.
THE CONDITIONS of this obligation are:
1. If the Tenderer withdraws its Tender during the period of tender validity specified by theTenderer on the Tender Form; or
2. If the Tenderer, having been notified of the acceptance of its Tender by KenGen during theperiod of tender validity:
(a) fails or refuses to execute the Contract Form, if required; or(b) fails or refuses to furnish the performance security, in accordance with the
Instructions to Tenderers;
we undertake to pay to KenGen up to the above amount upon receipt of its first written demand,
without KenGen having to substantiate its demand, provided that in its demand KenGen will
note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to 27thApril 2014, and any demand in respect thereof
should reach the Bank not later than the above date.
__________________________________
(Signature of the Bank)
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Section H: Insurance Tender Security Form
Tender No.: --------------------------------------------------Supply and delivery of --------------------
----------------------------
To: Kenya Electricity Generating Company Limited
WHEREAS [insert: name of Tenderer] (hereinafter called the Tenderer) has submitted itstender dated [insert: date of tender] for the performance of the above-named Contract
(hereinafter called the Tender)
KNOW ALL PERSONS by these present that WE [insert: name of the insurance company]of
[insert: address of insurance company] (hereinafter called the Guarantor) are bound unto
Kenya Electricity Generating Company Limited(hereinafter called the Purchaser) in the sum of
Kshs 200,000, for which payment well and truly to be made to the said Purchaser, the guarantor
binds itself, its successors and assigns by these presents.
Sealed with the Common Seal of the said Guarantor this [insert: number] day of [insert:
month],[insert: year].
THE CONDITIONS of this obligation are the following:
1. If, after the tender submission deadline, the Tenderera) withdraws its tender during the period of tender validity specified by the Tenderer in the
Tender Form, or
b) does not accept KenGen corrections of arithmetic errors in accordance with theInstructions to Tenderers; or
c)does not at all reply to KenGen requests for clarification2. If the Tenderer, having been notified of the acceptance of its tender by KenGen during the
period of tender validity
a) Fails or refuses to sign the Contract Agreement when required; orb) Fails or refuses to issue the performance security in accordance with the Instructions to
Tenderers.
We undertake to pay to KenGen up to the above amount upon receipt of its first written demand,
without the KenGen having to substantiate its demand, provided that in its demand KenGen will
note that the amount claimed by it is due it, owing to the occurrence of any one of the two
above-named CONDITIONS, and specifying the occurred condition or conditions.
This guarantee will remain in full force up to 27th
April 2014, and any demand in respect
thereof must reach the Guarantor not later than the above date.
For and on behalf of the
Signed:
Date:
in the capacity of: [ insert: ti tle or other appropriate designation]
Common Seal of the Guarantor
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Section I: Mandatory Confidential Business Questionnaire
(Must be filled by all applicants or tenderers who choose to participate in this tender)
Name of Appli cant (S)
.
You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever
applies to your type of business. Part 2 (d) to part 2(i) must be filled.
You are advised that giving wrong or false information on this Form will lead to automatic
disqualification / termination of your business proposal at your cost.
Part 1General
Business Name:......
Certificate of Incorporation / Registration No. Location of business premises: Country ...
Physical address .Town .
BuildingFloor..
Plot No. Street / Road ....
Postal Address .Postal / Country Code
Telephone Nos Fax Nos. .
E-mail address ..Website.
Contact Person (Full Names) .
Direct / Mobile Nos. ..
Title Power of Attorney (Yes / No). If Yes,attach written
document.
Nature of Business (Indicate whether manufacturer, distributor, etc) ...
(Applicable to Local suppliers only)Local Authority Trading License No. Expiry Date
Value Added Tax No..
Value of the largest single assignment you have undertaken to date (US$/KShs).
Was this successfully undertaken? Yes / No. .(If Yes, attach reference)Name (s) of your banker (s) ..
Branches . Tel Nos. .
Part 2 (a)Sole Propri etor
Full names .....
Nationality .. Country of Origin ....
*Citizenship details.....
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Company Profile . (Attach brochures or annual reports in case of public
companies)
Part 2 (b)Partnerships
Give details of partners as follows:
Full Name Nationality Citizenship Details Shares
1
2
3
4
Company Profile .(Attach brochures)
Part 2 (c)Registered Company
Private or public .
Company Profile (Attach brochures or annual reports in case of public companies)
State the nominal and issued capital of the Company
Nominal KShs ...
Issued KShs ...
List of top ten (10) shareholders and distribution of shareholding in the company.
Give details of all directors as follows:-
Full Name Nationality Citizenship Details Shares
12
3
4
Part 2 (d)Debarment
I/We declare that I/We have not been debarred from any procurement process and shall not
engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen and
any other public or private institutions.
Full Names Signature.
Dated this day of 2013.
In the capacity of
Duly authorized to sign Tender for and on behalf of
Part 2 (e)Criminal Offence
I/We, (Name (s) of Director (s)):-
a) ...b)...c)
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d)have not been convicted of any criminal offence relating to professional conduct or the making
of false statements or misrepresentations as to its qualifications to enter into a procurement
contract within a period of three (3) years preceding the commencement of procurement
proceedings.
Signed.For and on behalf of M/s ..
In the capacity of .
Dated this day of .2013.
Suppliers / Companys Official Rubber Stamp
Part 2 (f)Confl ict of I nterest
I/We, the undersigned state that I / We have no conflict of interest in relation to this
procurement:
a) b)c) d)
For and on behalf of M/s
In the capacity of
Dated this day of .2013
Suppliers / Companys Official Rubber Stamp
Part 2 (g)I nterest in the F irm:
Is there any person / persons in KenGen or any other public institution who has interest in the
Firm? Yes / No? .. (Delete as necessary)
Institution Title Signature Date
1
2
3
4
Part 2(h)Exper ience
Please list here below similar projects accomplished or companies / clients you have supplied
with similar items or equipments in the last two (2) years.
Company
Name
Country Contract/Order
No.
Value Contact
person(Full
E-mail
address
Cell
phoneNo.
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Names)
1
2
3
4
Note:The contact person should be at the level of director.
Part 2(i)Declaration
I / We, the undersigned state and declare that the above information is correct and that I / We
give Kenya Electricity Generating Company Limited 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) Valid Tax Compliance Certificate (for local suppliers)d)Audited Financial Statements / Accounts for the last two (2) yearse) Valid Local Authority / Trade License (for local suppliers)
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Section J: Contract Form
THIS AGREEMENT made the ................. day of ...................................... 2013 between
KenGen of the one part and ................................. (name of Supplier) of
.....................................................(city and country of Supplier) (hereinafter called the
Supplier) of the other part:
WHEREAS KenGen invited tenders for the supply of certain goods, viz.,...................
(description of Goods)and has accepted a tender by the Supplier for the supply of those Goods
in the sum of ............................................................................................................
..........................(Contract Price in words and figures)(hereinafter called the Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectivelyassigned to them in the Conditions of Contract.
2. The following document shall be deemed to form and be read and construed as part of this
Agreement, viz.:
(a) the Tender Form and the Price Schedule submitted by the Supplier;
(b) the Technical Specifications, Schedule of Requirements and Prices;
(c) the General Conditions of Contract;
(d) the Special Conditions of Contract; and
(e) KenGens Notification of Award.
3. In consideration of the payments to be made by KenGen to the Supplier as hereinafter
mentioned, the Supplier hereby covenants with KenGen to provide the Goods and to remedy
defects therein in conformity in all respects with the provisions of the Contract
4. KenGen hereby covenants to pay the Supplier in consideration of the provision of the Goods and
the remedying of defects therein, the Contract Price or such other sum as may become payableunder 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 the day
and year first above written.
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Signed and Sealed in the Common Seal of
KenGen in the presence of:
COMPANY SECRETARY )
)
)
)
)
)
)
WITNESS )
Signed and Sealed with the Common Seal ofthe Supplier in the presence of:
DIRECTOR )
)
)
)
)
)
)
SECRETARY ))
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Section K: Performance Security Form
(To be on the Letterhead of the Bank)
To: Kenya Electricity Generating Company Limited,Stima Plaza Phase III, Kolobot Road, Parklands,
P.O Box 479360-00100,
NAIROBI. KENYA
WHEREAS ........................................................................................................[name of Supplier]
(hereinafter called the Supplier) has undertaken, in pursuance of Contract No. ..........................
dated ...................................................2013 to supply...................(description of Goods)
(hereinafter called the Contract).
AND WHEREAS it has been stipulated by you