TENDER FOR PROCUREMENT OF CONSULTING SERVICES FOR OLKARIA I REHABILITATION
PROJECT
KGN-BDD-006-2020
REQUEST FOR PROPOSALS (RFP)
Kenya Electricity Generating Company PLC
Stima Plaza, Kolobot Road, Parklands P.O. Box 47936, 00100 NAIROBI
Website: www.kengen.co.ke
August 25, 2020
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TABLE OF CONTENTS
Page INTRODUCTION ……………………………………………………………. 1
SECTION I Letter of Invitation…..…………………………….. 3
SECTION II Information to Consultants ………….………….. 6
Appendix to information to Consultants……… 15 SECTION III Technical Proposal ………………………….….…. 20
SECTION IV Financial Proposal ………… ………………..…. 31
SECTION V Terms of Reference ………………………………… 39
SECTION VI Standard Forms of Contract ……………………… 51 Appendices: ………………………………………… 84
SECTION VII Mandatory Confidential Business Questionnaire 95
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SECTION I - LETTER OF INVITATION
Our Ref: Olkaria I Rehab/001/RA/cm/mk
Date: August 25, 2020
Dear Sir/Madam,
Kenya Electricity Generating Company PLC invites proposals for the provision of Consultancy
Services for Implementation of the Olkaria I Units 1, 2 & 3 Rehabilitation Geothermal Power
Project. Details on the services are provided in the attached Terms of Reference. Further,
1. The Request for Proposals (RFP) is open to all competent bidders
2. Firms may submit their proposal in association with other competent firms. A maximum
of three firms shall be allowed to associate
3. A firm shall not appear in association of two or more different bids.
4. A bidder will be selected under Quality and Cost Based Selection and the procedures
described in this RFP.
5. Bidders shall attach a declaration in the proposal, that they are not debarred from
participating in procurement proceedings and that they will not engage in any corrupt
practice.
6. The RFP includes the following documents:
Section I -Letter of Invitation
Section II - Information to Consultants
Section III - Technical Proposal - Standard Forms
Section IV - Financial Proposal - Standard Forms
Section V - Terms of Reference
Section VI - Standard Form of Contract.
Section VII – Mandatory Confidential Business Questionnaire.
7. There will be a pre-bid meeting on September 9, 2020.
8. The original and three copies plus a USB Flash disk of the tender proposals must be
delivered to:
The Company Secretary & Legal Affairs Director
Kenya Electricity Generating Company PLC.
10th Floor, KenGen Pension Plaza 2,
Kolobot Road, Parklands
P O Box 47936 - 00100
NAIROBI, KENYA
On or before September 30, 2020 at 10:00Hr East African Standard Time clearly
marked “REQUEST FOR PROPOSALS FOR PROVISION OF CONSULTING
SERVICES FOR OLKARIA I UNITS 1, 2 & 3 REHABILITATION PROJECT”
9. Technical proposals will be opened on September 30, 2020 at 10:30Hr East African
Standard Time in the presence of the bidder’s’ representatives who choose to attend at
Stima Plaza III, KenGen Pension Plaza 2, 11th Floor.
Yours sincerely,
For: KENYA ELECTRICITY GENERATING COMPANY PLC.
Philip Yego
SUPPLY CHAIN DIRECTOR
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SECTION II – INFORMATION TO CONSULTANTS (ITC) Table of Contents Page 2.1 Introduction ………………………………………………………. 6 2.2 Clarification and amendment of RFP document ………….. 7 2.3 Preparation of Technical Proposal…………………………….. 7 2.4 Financial proposal…………………….………………………….. 9 2.5 Submission, Receipt and opening of proposals……..…….. 9 2.6 Proposal evaluation general…………………..……………….. 10 2.7 Evaluation of Technical proposal…………………………….. 10 2.8 Public opening and Evaluation of financial proposal.……. 11 2.9 Negotiations……………………………………………..………….. 12 2.10 Award of Contract……………………………..………………….. 13 2.11 Confidentiality…………………………………………..………….. 13 2.12 Corrupt or fraudulent practices……………………..…..…….. 14
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SECTION II: - INFORMATION TO CONSULTANTS (ITC) 2.1 Introduction
2.1.1 The Client named in the Appendix to “ITC” will select a firm among
those invited to submit a proposal, in accordance with the method
of selection detailed in the appendix. The method of selection shall be as indicated by the procuring entity in the Appendix.
2.1.2 The Bidders (Consulting Firms) are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Appendix “ITC” for consulting services required for
the assignment named in the said Appendix. A Technical Proposal only may be submitted in assignments where the Client intends to
apply standard conditions of engagement and scales of fees for professional services which are regulated as is the case with Building and Civil Engineering Consulting services. In such a case
the highest ranked firm of the technical proposal shall be invited to negotiate a contract on the basis of scale fees. The proposal will be
the basis for Contract negotiations and ultimately for a signed Contract with the selected firm.
2.1.3 The Consulting Firm(s) must familiarize themselves with local conditions and take them into account in preparing their proposals. To obtain first-hand information on the assignment and on the local
conditions, the Consulting Firm(s) are encouraged to liase with the Client regarding any information that they may require before
submitting a proposal and to attend a pre-proposal conference where applicable. The Consulting Firm(s) should contact the officials named in the Appendix “ITC” to arrange for any visit or to
obtain additional information on the pre-proposal conference. The Consulting Firm(s) should ensure that these officials are advised of
the visit in adequate time to allow them to make appropriate arrangements.
2.1.4 The Procuring entity will provide the inputs specified in the Appendix “ITC”, facilitate the firm in obtaining licenses and permits needed to carry out the services and make available relevant project
data and reports.
2.1.5 Please note that: (i) the costs of preparing the proposals and of negotiating the
Contract, including any visit to the Client or Clients project
area are not reimbursable as a direct cost of the assignment; and
(ii) the Client is not bound to accept any of the proposals
submitted.
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2.1.6 The procuring entity’s employees, committee members, board members and their relatives (spouse and children) are not eligible
to participate.
2.1.7 The price to be charged for the tender document shall be Kshs.1,000/=.
2.1.8 The procuring entity shall allow the tenderer to review the tender document free of charge before purchase.
2.2 Clarification and Amendment of RFP Documents
2.2.1 The Consulting Firm(s) may request a clarification of any of the RFP documents only up to fourteen [14] days before the proposal submission date. Any request for clarification must be sent in
writing by electronic mail to the Client’s address indicated in the Appendix “ITC”. The Client will respond by electronic mail to such
requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited Consulting Firm(s) who intend to submit
proposals. The responses to requests for clarifications shall be uploaded to the client’s website.
2.2.2 At any time before the submission of proposals, the Client may for any reason, whether at his own initiative or in response to a
clarification requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by electronic mail to all invited Consulting Firm(s) and
will be binding on them. Such addenda shall also be uploaded on the client’s website.
2.2.3 The Client may at his discretion extend the deadline for the submission of proposals. The correspondence on extension of the
bid closing deadline will be uploaded on the client’s website; an electronic email will also be send out to all participating bidders.
2.3 Preparation of Technical Proposal
2.3.1 The Consulting Firm(s) proposal shall be written in English language
2.3.2 In preparing the Technical Proposal, the Consulting Firm(s) are
expected to examine the documents constituting this RFP in detail. Material deficiencies in providing the information requested shall result in rejection of a proposal.
2.3.3 While preparing the Technical Proposal, the Consulting Firm(s) must
give particular attention to the following:
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(i) If a firm considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating
with individual Consulting Firm(s) and/or other firms or entities in a joint venture or sub-consultancy as appropriate. The
Consulting Firm(s) shall not associate with the other Consulting Firm(s) invited for this assignment. Any firms associating in contravention of this requirement shall automatically be
disqualified. (ii) For assignments on a staff-time basis, the estimated number of
professional staff-time is given in the Appendix. The proposal shall however be based on the number of professional staff-time
estimated by the firm.
(iii) It is desirable that the majority of the key professional staff
proposed be permanent employees of the firm or have an extended and stable working relationship with it.
(iv) Proposed professional staff must as a minimum, have the
experience indicated in Appendix, preferably working under
conditions similar to those prevailing in Kenya. (v) Alternative professional staff shall not be proposed and only one
Curriculum Vitae (CV) shall be submitted for each position.
2.3.4 The Technical Proposal shall provide the following information using the attached Standard Forms;
(i) A brief description of the firm’s organization and an outline of recent experience on assignments of a similar nature. For each assignment the outline should indicate inter alia, the profiles of the
staff proposed, duration of the assignment, contract amount and firm’s involvement.
(ii) Any comments or suggestions on the Terms of Reference, a list of
services and facilities requested to be provided by the Client.
(iii) A description of the methodology and work plan for performing the
assignment.
(iv) The list of the proposed staff team by specialty, the tasks that would
be assigned to each staff team member and their timing.
(v) CVs recently signed by the proposed professional staff and the authorized representative submitting the proposal. Key information should include number of years working for the
firm/entity and degree of responsibility held in various assignments during the last ten (10) years.
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(vi) Estimates of the total staff input (professional and support staff staff-time) needed to carry out the assignment supported by bar
chart diagrams showing the time proposed for each professional staff team member.
(vii) A detailed description of the proposed methodology, staffing and
monitoring of training, if Appendix “A” specifies training as a major
component of the assignment.
(viii) Any additional information requested in Appendix “A”.
2.3.5 The Technical Proposal shall not include any financial information.
2.4 Preparation of Financial Proposal
2.4.1 In preparing the Financial Proposal, the Consulting Firm(s) are expected to take into account the requirements and conditions
outlined in the RFP documents. 2.4.2 The Financial Proposal should follow Standard Forms (Section IV).
It lists all costs associated with the assignment including; (a)
remuneration for staff (in the field and at headquarters), and; (b) reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and
demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance,
printing of documents, surveys, and training, if it is a major component of the assignment. If appropriate, these costs should be broken down by activity.
2.4.3 The Financial Proposal should clearly identify as a separate
amount, the local taxes, duties, fees, levies and other charges
imposed under the law on the Consulting Firm(s), the sub- Consulting Firm(s) and their personnel, unless Appendix “A”
specifies otherwise. 2.4.4 The Consulting Firm(s) shall express the price of their services in
Kenya Shillings (KES), US Dollars (USD) or Euro.
2.4.5 Local Registration Fees, Commissions and gratuities, if any, paid or to be paid by Consulting Firm(s) and related to the assignment will be listed in the Financial Proposal submission Form.
2.4.6 The Proposal must remain valid for 60 days after the submission
date. During this period, the Consulting Firm(s) is expected to
keep available, at his own cost, the professional Consulting Firm(s) staff proposed for the assignment. The Client will make
his best effort to complete negotiations within this period. If the Client wishes to extend the validity period of the proposals, the Consulting Firm(s) shall agree to the extension.
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2.5 Submission, Receipt and Opening of Proposals
2.5.1 The original proposal (Technical Proposal and, if required, Financial
Proposal; see para. 1.2) shall be prepared in indelible ink. It shall
not have any interlineation or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initialed by the persons or person authorized to sign the
proposals.
2.5.2 For each proposal, the Consulting Firm(s) shall prepare the number
of copies indicated in Appendix “A”. Each Technical Proposal and
Financial Proposal shall be marked “ORIGINAL” or “COPY” as
appropriate. If there are any discrepancies between the original and the copies of the proposal, the original shall govern.
2.5.3 The original and all copies of the Technical Proposal shall be placed
in a sealed envelope clearly marked “TECHNICAL PROPOSAL,”
and the original and all copies of the Financial Proposal in a sealed
envelope clearly marked “FINANCIAL PROPOSAL” and warning:
“DO NOT OPEN WITH THE TECHNICAL PROPOSAL”. Both
envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other
information indicated in the Appendix “ITC” and be clearly marked,
“DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING COMMITTEE.”
2.5.4 The completed Technical and Financial Proposals must be delivered
at the submission address on or before the time and date stated in the Appendix “ITC”. Any proposal received after the closing time for submission of proposals shall be returned to the respective
Consulting Firm(s) unopened.
2.5.5 After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the opening committee. The Financial Proposal shall remain sealed and deposited with a
responsible officer of the client department up to the time for public opening of financial proposals.
2.6 General Proposal Evaluation
2.6.1 From the time the bids are opened to the time the Contract is awarded, if any Consulting Firm(s) wishes to contact the Client on any matter related to his proposal, he should do so in writing at the
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address indicated in the Appendix “ITC”. Any effort by the firm to influence the Client in the proposal evaluation, proposal
comparison or Contract award decisions may result in the rejection of the Consulting Firm(s) proposal.
2.6.2 Evaluators of Technical Proposals shall have no access to the
Financial Proposals until the technical evaluation is concluded.
2.7 Evaluation of Technical Proposal
2.7.1 The evaluation committee appointed by the Client shall evaluate the proposals on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria as stated in the Appendix “ITC”.
Each responsive proposal will be given a technical score (St). A proposal shall be rejected at this stage if it does not respond to
important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Appendix “ITC”.
2.8 Public Opening and Evaluation of Financial Proposal
2.8.1 After Technical Proposal evaluation, the Client shall notify those
Consulting Firm(s) whose proposals did not meet the minimum qualifying mark or were considered non-responsive to the RFP and
Terms of Reference, indicating that their Financial Proposals will be returned after completing the selection process. The Client shall simultaneously notify the Consulting Firm(s) who have secured the
minimum qualifying mark, indicating the date and time set for opening the Financial Proposals and stating that the opening ceremony is open to those Consulting Firm(s) who choose to attend.
The opening date shall not be sooner than seven (7) days after the notification date. The notification may be sent by registered letter,
or electronic mail. 2.8.2 The Financial Proposals shall be opened publicly in the presence of
the Consulting Firm(s’) representatives who choose to attend. The name of the Consulting Firm(s), the technical scores and the
proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of the public opening.
2.8.3 The evaluation committee will determine whether the financial
proposals are complete (i.e. whether the Consulting Firm(s) has
costed all the items of the corresponding Technical Proposal and correct any computational errors. The cost of any unpriced items
shall be assumed to be included in other costs in the proposal. In all cases, the total price of the Financial Proposal as submitted shall prevail.
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2.8.4 While comparing proposal prices between local and foreign firms
participating in a selection process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous Kenyans
own 51% or more of the share capital shall be allowed a 10% preferential bias in proposal prices. However, there shall be no such preference in the technical evaluation of the tenders. Proof of
local incorporation and citizenship shall be required before the provisions of this sub-clause are applied. Details of such proof shall be attached by the Consulting Firm(s) in the financial
proposal.
2.8.5 The formulae for determining the Financial Score (Sf) shall, unless an alternative formulae is indicated in the Appendix “ITC”, be as follows:-
Sf = 100 X Fm/F where Sf is the financial score; Fm is the lowest
priced financial proposal and F is the price of the proposal under consideration. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights
(T=the weight given to the Technical Proposal: P = the weight given to the Financial Proposal; T + p = I) indicated in the Appendix. The
combined technical and financial score, S, is calculated as follows:- S = St x T % + Sf x P %. The firm achieving the highest combined
technical and financial score will be invited for negotiations. 2.8.6 The tender evaluation committee shall evaluate the tender within
30 days from the date of opening the tender. 2.8.7 Contract price variations shall not be allowed for contracts not
exceeding one year (12 months). 2.8.8 Where contract price variation is allowed, the variation shall not
exceed 10% of the original contract price
2.8.9 Price variation requests shall be scrutinized, checked keenly and communicated to the applicant by the procuring entity within 45 days of receiving the request.
2.9 Negotiations
2.9.1 Negotiations will be held at the same address as “address to send
information to the Client” indicated in the Appendix “ITC”. The aim
is to reach agreement on all points and sign a contract.
2.9.2 Bidders are notified that it is illegal for an individual Engineer or
an Engineering Consulting Firm to practice the profession in Kenya, if not registered with the Engineer’s Board of Kenya (EBK) under
the Engineers Act, No. 43 of 2011. Details of Regulations are specified in the Engineers Rules 2019. Thus, the winning Consultant (or Association) will be required to register the firm and
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each practising staff member (Engineers) before entering into contract negotiations. The Contract negotiations will only be carried
out with registered firms (as per Section (21) of Engineers Act) and individuals (proof of documents to be provided). In order to ensure
full compliance with this requirements of the Engineers Act, the winning tenderer will be required to confirm their registration before start of pre-Contract negotiations. The pre-Contract
negotiations will be carried out only after confirmation of the registration status by EBK. Costs for registration of the firm and all individual staff members are to be included in the financial
proposal. Costs for the firms are to be treated as miscellaneous costs ; for individuals, the costs are to be included in the respective
fees 2.9.3 Negotiations will include a discussion of the Technical Proposal, the
proposed methodology (work plan), staffing and any suggestions
made by the firm to improve the Terms of Reference. The Client and firm will then work out final Terms of Reference, staffing and
bar charts indicating activities, staff periods in the field and in the head office, staff-months, logistics and reporting. The agreed work plan and final Terms of Reference will then be incorporated in the
“Description of Services” and form part of the Contract. Special attention will be paid to getting the most the firm can offer within the available budget and to clearly defining the inputs required from
the Client to ensure satisfactory implementation of the assignment.
2.9.4 Unless there are exceptional reasons, the financial negotiations will not involve the remuneration rates for staff (no breakdown of fees).
2.9.5 Having selected the firm on the basis of, among other things, an evaluation of proposed key professional staff, the Client expects to negotiate a contract on the basis of the experts named in the
proposal. Before contract negotiations, the Client will require assurances that the experts will be actually available. The Client
will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to
meet the objectives of the assignment. If this is not the case and if it is established that key staff were offered in the proposal without
confirming their availability, the firm may be disqualified. 2.9.6 The negotiations will conclude with a review of the draft form of the
Contract. To complete negotiations the Client and the selected firm will initial the agreed Contract. If negotiations fail, the Client will invite the firm whose proposal received the second highest score to
negotiate a contract.
2.9.7 The procuring entity shall appoint a team for the purpose of the negotiations.
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2.10 Award of Contract
2.10.1The Contract will be awarded following negotiations. After negotiations are completed, the Client will promptly notify other
Consulting firm(s) on the shortlist that they were unsuccessful and return the Financial Proposals of those Consulting firm(s) who did not pass the technical evaluation.
2.10.2 The selected firm is expected to commence the assignment on the
date and at the location specified in Appendix “A”.
2.10.3 The parties to the contract shall have it signed within fifteen (15)
days from the date of notification of contract award unless there is an administrative review request.
2.10.4 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any
person for the termination. 2.10.5 The procuring entity shall give prompt notice of the termination to
the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.
2.10.6 To qualify for contract awards, the tenderer shall have the following:
(a) Necessary qualifications, capability, experience, services, equipment and facilities to provide what is being procured.
(b) Legal capacity to enter into a contract for procurement.
(c) Be registered with the Engineer’s Board of Kenya (EBK) under the Engineers Act, No. 43 of 2011
(d) Shall not be insolvent, in receivership, bankrupt or in the
process of being wound up and is not the subject of legal proceedings relating to the foregoing.
(e) Shall not be debarred from participating in public procurement. 2.11 Confidentiality
2.11.1Information relating to evaluation of proposals and
recommendations concerning awards shall not be disclosed to the Consulting firm(s) who submitted the proposals or to other persons not officially concerned with the process, until the winning firm
has been notified that it has been awarded the Contract. 2.12 Corrupt or fraudulent practices
2.12.1The procuring entity requires that the Consulting firm(s) observe
the highest standards of ethics during the selection and award of the consultancy contract and also during the performance of the
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assignment. The tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices.
2.12.2 The procuring entity will reject a proposal for award if it determines
that the Consulting Firm(s) recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.
2.12.3 Further a Consulting Firm(s) who is found to have indulged in
corrupt or fraudulent practices risks being debarred from
participating in public procurement in Kenya.
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Appendix to Information to Consulting firm(s) The following information for procurement of consultancy services and selection of Consulting firm(s) shall complement or amend the provisions
of the information to Consulting firm(s), wherever there is a conflict between the provisions of the information to Consulting firm(s) and the provisions of the appendix, the provisions of the appendix herein shall prevail over those
of the information to Consulting firm(s).
Clause Reference 2.1.1 The name of the Client is: Kenya Electricity Generating Company
PLC, “KenGen” 2.1.1 The method of selection is: Quality and Cost-Based Selection
2.1.2 Technical and Financial Proposals are requested: Yes
The name, objectives, and description of the assignment are:
Name – Consultancy Services for Implementation of the Olkaria I Units 1, 2 & 3 Rehabilitation Geothermal Power Project.
Objectives and descriptions of the assignment are as follows: - The Consulting firm(s) shall, among others, carry out the following:
i. Risk analysis and mitigation ii. Confirmation of technical data checks and brief Grid study;
iii. Review of detailed designs submitted by the EPC Contractor iv. Review and approval of method statements submitted by the EPC
Contractor for execution of the Works v. Review of all technical data and ensuring its accuracy vi. Supervision of construction works
vii. Contract management for the EPC Contract viii. Participating in Site Acceptance Testing and commissioning of the
plant and confirming the outcomes as true and correct data. ix. Training of KenGen staff.
2.1.3 A pre-proposal conference will be held: Yes
Date: September 9, 2020
Time: 1000hrs Venue: TBC
The name(s), address and telephone numbers of the Client’s official(s) for purposes of clarifications during bidding are:
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Project Execution Manager, Kenya Electricity Generating Company PLC,
P.O. Box 47936 – 00100 Nairobi, KENYA.
Telephone + 254 20 3666511 Fax + 254 20 3666565 E-mail address: [email protected]
Cc: [email protected] Cc: [email protected] Cc: [email protected]
2.1.4 The Client will provide the following inputs:
a) Letters of Introduction to various government institutions b) Feasibility study report for KenGen, Feasibility Study Olkaria I
Rehabilitation.
c) Provide assistance to access the site
2.1.5 Downloaded copies of this RFP are free of charge
2.1.6 Client address for clarifications of the RFP document is as indicated
under 2.1.3 above.
Clarifications may be sought for up to 14-days before the submission date.
2.3.3 (ii) The estimated number of professional staff months required for the assignment is; 452 man-months
(iv) The minimum required qualification and experience of proposed professional staff is as detailed below:
A) OFF-SITE TEAM
A-1 Project Manager
• Must have a University Engineering Degree.
• Must be a registered Professional/Consulting Engineer in Country of
Origin
• Must meet registration requirements by the Engineers Board of Kenya.
• Total verifiable professional experience of at least 15 years
• At least 10 years of practical experience, where two (2) of which must have
been supervision of a rehabilitation project.
• Must have worked as a project manager in Geothermal power plant
projects where scope of works included steam field works, HV substation
works and HV transmission lines works; together or separately.
• He/She must have undertaken assignments as project leader in the scope
of works in project implementation (phase I), management of Defects
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Liability Period (Phase II) and Transfer of knowledge (Phase III) for works
of similar nature and complexity.
A-2 Mechanical Team lead
• Must have a University Degree in Mechanical Engineering
• Must be a registered Professional/Consulting Engineer in Country of
Origin
• Must meet registration requirements by Engineers Board of Kenya.
• Must have attained at least a total relevant professional experience of 15
years
• At least 10 years verifiable project experience in Geothermal power plant
projects.
• He/She must have undertaken assignments as project leader in the scope
of works in project implementation (phase I), management of Defects
Liability Period (Phase II) and Transfer of knowledge (Phase III) for works
of similar nature and complexity.
A-3 Process Design Team lead
• Must have a University Degree in Mechanical or process Engineering
• Must be a registered Professional Engineer/consulting in Country of
Origin
• Must meet registration requirements by Engineers Board of Kenya.
• Must have attained at least a total relevant professional experience of 15
years
• At least 10 years’ experience in geothermal power plant projects, including
design of steam gathering system.
• He/She must have undertaken assignments as project leader in the scope
of works in project implementation (phase I), management of Defects
Liability Period (Phase II) and Transfer of knowledge (Phase III) for works
of similar nature and complexity.
A-4 Electrical Team lead
• Must have a University Degree in Electrical Engineering
• Must be registered Professional/consulting Engineer in Country of Origin
• Must meet registration requirements by Engineers Board of Kenya.
• Must have attained at least a total relevant professional experience of 15
years
• At least 10 years’ experience in the design of Electrical power systems
protection in Geothermal power plant projects, including high voltage
(HV) substations and transmission lines
• He/She must have undertaken assignments as Electrical power system
protection and control design lead, in the scope of works in project
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implementation (phase I), management of Defects Liability Period (Phase
II) and Transfer of knowledge (Phase III) for works of similar nature and
complexity.
A-5 Instrumentation and Control Team lead
• Must have a University Degree in Electrical and Electronic Engineering or
Instrumentation & Control Engineering or other relevant degree.
• Must be a registered Professional/consulting Engineer in Country of
Origin.
• Must meet registration requirements by Engineers Board of Kenya.
• Must have attained at least a total relevant professional experience of 15
years
• At least 10 years’ experience in the design of Instrumentation & Control
systems in Geothermal power plant projects, HV substations and
transmission lines
• He/She must have undertaken assignments as Instrumentation &
Control design lead, in the scope of works in project implementation
(phase I), management of Defects Liability Period (Phase II) and Transfer
of knowledge (Phase III) for works of similar nature and complexity.
A-6 Civil and Structural Team lead
• Must have a University Degree in Civil and Structural Engineering
• Must be a registered Professional/consulting Engineer in Country of
Origin
• Must meet registration requirements by Engineers Board of Kenya.
• Must have attained at least a total relevant professional experience of 15
years
• At least 10 years’ experience in Civil & Structural Engineering Design
works within power plant projects.
• He/She must have undertaken assignments as the Civil & Structural
design Team leader, in the scope of works in project implementation
(phase I), management of Defects Liability Period (Phase II) and Transfer
of knowledge (Phase III) for works of similar nature and complexity.
B) ON-SITE TEAM
B-1 Site Project Manager
• Must have a University Degree in engineering field.
• Must be a registered Professional Engineer in Country of Origin
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• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer
• Must have attained a total relevant professional experience of at least 15
years
• Must have an experience as a team lead or projects manager on at least
two (2) Geothermal power plant projects.
• Must have previous experience working in the developing world or areas
similar to the proposed project area.
• Must have attained at least 12 years verifiable experience in site
supervision and construction of geothermal power plant projects.
• Must have at least 8 years experience in design & design reviews for
geothermal power plant projects.
• Must have undertaken assignments as site project manager in the scope
of works in project implementation (phase I), management of Defects
Liability Period (Phase II) and Transfer of knowledge (Phase III) for at
least two geothermal power plant projects of similar complexity.
• Must have a good command of English and be able to communicate
clearly and proficiently .
B-2 Site Contract and commercial manager
• Must have a University Degree in engineering, quantity survey or any
other relevant field
• Must have attained a total relevant professional experience of at least 15
years in preparation and administration of power plant project contracts.
• Must have experience working in the developing world or areas similar to
the proposed project area.
• Must have attained at least 12 years’ experience as expert in contract
administration for a construction projects of similar complexity with
responsibility for reviewing and assessing Contractor Notices of claims,
review the Claims and advise the client on settlement of the claims..
• Must have at least 8 years experience in review and approval of
contractor’s work measurements, applications for payments and approval
for payments in a construction project of similar complexity
• Must have undertaken assignments as site contract manager in the scope
of works in project implementation (phase I), management of Defects
Liability Period (Phase II) and Transfer of knowledge (Phase III) for at least
two geothermal power plant projects of similar complexity
• Must have undertaken assignments for at least two (2) Projects including
as a site Contract administration of ENAA model of Contract.
B-3 Site Mechanical Team Lead
• Must have a University Degree in Mechanical Engineering field.
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• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 15
years
• Must have attained at least 12 years experience in site supervision of
construction works for geothermal power plants of similar complexity
• Must have at least 8-years experience in site acceptance testing &
commissioning of construction works for geothermal power plant projects
of similar complexity as a team leader
• Must have at least 4 years’ experience in geothermal power plant
rehabilitation projects in the scope of works involving project
implementation (phase I), management of Defects Liability Period (Phase
II) and Transfer of knowledge (Phase III) for at least one geothermal power
plant projects of similar complexity.
• Must have practical of experience of similar environment in developing
countries
• Must have a good command of English and be able to communicate
proficiently
B-4 Site Mechanical Expert
• Must have a University Degree in Mechanical Engineering field.
• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained at least 3 years’ experience in site supervision of
construction works, design reviews, works measurement/assessment,
monitoring and reporting for a geothermal power plant construction
contract
• Must have at least 3-years experience in geothermal power plant projects
as mechanical works expert in the scope of works involving project
implementation (phase I), management of Defects Liability Period (Phase
II) and Transfer of knowledge (Phase III) for at least one geothermal power
plant project of similar complexity.
B-5 Site Electrical Team lead
• Must have a University Degree in Electrical Engineering field.
• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 15
years
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• Must have attained at least 12 years experience in site supervision of
construction works for geothermal power plants of similar complexity
• Must have at least 8-years experience in site acceptance testing &
commissioning of construction works for geothermal power plant projects
of similar complexity as a team lead
• Must have at least 4 years’ experience in geothermal power plant
rehabilitation projects in the scope of works involving project
implementation (phase I), management of Defects Liability Period (Phase
II) and Transfer of knowledge (Phase III) for at least one geothermal power
plant projects of similar complexity.
• Must have practical of experience of similar environment in developing
countries
• Must have a good command of English and be able to communicate
proficiently
B-6 Site electrical expert (Power Plant and HV substation)
• Must have a University Degree in Electrical Engineering field.
• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 5
years
• Must have attained at least 3 years’ experience in site supervision of
construction works, design reviews, works measurement/assessment,
monitoring and reporting for power plant, HV substations and
transmission lines
• Must have at least 3-years experience in power plant projects as electrical
works expert in the scope of works involving project implementation
(phase I), management of Defects Liability Period (Phase II) and Transfer
of knowledge (Phase III) for at least one geothermal power plant project of
similar complexity.
B-7 Site electrical expert (Steamfield electrical power supply)
• Must have a University Degree in Electrical Engineering field.
• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 5
years
• Must have attained at least 3 years’ experience in site supervision of
construction works, design reviews, works measurement/assessment,
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monitoring and reporting for power plant, medium voltage system and
distribution lines
• Must have at least 3-years experience in electrical power projects as
electrical works expert in the scope of works involving project
implementation (phase I), management of Defects Liability Period (Phase
II) and Transfer of knowledge (Phase III) for at least one electrical power
project.
B-8 Site Civil & structural Works Team lead
• Must have a University Degree in Civil & Structural Engineering field.
• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 15
years
• Must have attained at least 12 years experience in site supervision of
construction works for power plant structural works of similar complexity
• Must have at least 8-years experience as a team lead in construction
works for power plant projects with similar structural complexity
• Must have at least 4 years’ experience in power plant rehabilitation
projects involving analysis, modification and demolition works of existing
structural concrete.
• Must have practical of experience of similar environment in developing
countries
• Must have a good command of English and be able to communicate
proficiently
B-9 Site Civil and structural Works expert
• Must have a University Degree in Civil & Structural Engineering field.
• Must be a registered Professional Engineer in Country of Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 5
years
• Must have attained at least 3 years’ experience in site supervision of
construction works, design reviews, works measurement/assessment,
monitoring and reporting for power plant civil & structural works.
• Must have at least 3-years experience in power plant projects as civil &
structural works expert for at least one power plant project.
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B-10 Site Environment, safety and Health (ESH) lead
• Must have a University Degree in Environmental Science or any other
relevant field
• Must have a total relevant professional experience of at least 15 years
• Must be registered with the relevant professional body including the
international certification.
• Must have at least 10 years’ experience as ESH in power plant projects as
site ESH team lead for a project of similar nature and complexity.
• Must have a good command of English and be able to communicate
proficiently
B-11 Site Control & Instrumentation Team Lead
• Must have a University Degree in Electrical & Electronics Engineering or
Instrumentation & Control Engineering or other relevant degree.
• Must be a registered Professional/Consulting Engineer in Country of
Origin
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer
• Must have attained a total relevant professional experience of at least 15
years
• Must have attained at least 12 years experience in site supervision of
construction works for geothermal power plants of similar complexity
• Must have at least 8-years experience in site acceptance testing &
commissioning of construction works for geothermal power plant projects
of similar complexity as a team lead
• Must have at least 4 years’ experience in geothermal power plant
rehabilitation projects in the scope of works involving project
implementation (phase I), management of Defects Liability Period (Phase
II) and Transfer of knowledge (Phase III) for at least one geothermal power
plant projects of similar complexity.
• Must have practical of experience of similar environment in developing
countries
• Must have a good command of English and be able to communicate
proficiently
B-12 Site Instrumentation and Control expert
• Must have a University Degree in Electrical & Electronic Engineering or
Instrumentation & Control Engineering or other relevant degree.
• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
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• Non-Kenyan Citizens must meet registration requirements by Engineers
Board of Kenya as a Temporary Professional Engineer.
• Must have attained a total relevant professional experience of at least 5
years
• Must have attained at least 3 years’ experience in site supervision of
construction works, design reviews, works measurement/assessment,
monitoring and reporting for power plant, HV substations and steamfield
• Must have at least 3-years experience in power plant projects as
Instrumentation & Control works expert in the scope of works involving
project implementation (phase I), management of Defects Liability Period
(Phase II) and Transfer of knowledge (Phase III) for at least one geothermal
power plant project of similar complexity.
B-13 Site Quantity Surveyor
• Must have a University Degree in Building Economics or Quantity
Surveying
• Must be a registered Professional Quantity Surveyor in his country of
origin
• Non-Kenyan Citizens must meet registration requirements by the Board
of Registration of Architects and Quantity Surveyors
• Must have a total relevant professional experience of at least 15 years
• Must have at least 10 years experience in power plant projects with
specific experience in measurement and assessment of works quantities,
monitoring and reporting.
• Must have at least 10 years’ experience in reviewing of payment
applications for contractors and processing of interim and final payment
certificates.
• Must have practical of experience of similar environment in developing
countries
• Must have a good command of English and be able to communicate
proficiently
NB:-The Consulting Firm(s) shall provide an experienced support team at the
home office to offer the required support to the site team and also undertake
other necessary home office assignments.
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2.3.4 Training is a specific component of this assignment: Yes
Training shall be provided to the employer’s staff as indicated in the Terms of Reference (ToR) for this RFP.
Additional information in the Technical Proposal includes:
-Company Profiles, Experience in similar projects.
-In addition to company profile on Geothermal power plants, the submissions should elaborate on the following:
Firm’s track record
❖ A track record of relevant experience in consulting services on Geothermal power plants including feasibilities studies, Geothermal resource assessment and site classification
❖ Experience in design of Geothermal power plants of greater or
similar nature and size
❖ Experience in design of geothermal steam gathering system of
greater or similar nature and complexity
❖ Experience in design/Design Review of HV substation and
transmission systems of similar nature and size.
❖ Experience in supervision of construction, installation, testing and commissioning of Geothermal power plants including Turbine/ Generator erection of greater or similar nature and
complexity.
❖ Experience in supervision of construction works for geothermal steam gathering system of greater or similar nature and complexity
❖ Experience in supervision of Construction, installation, testing and commissioning of HV electrical power system substation and transmission lines of greater or similar nature and size
including works on connection and integration to existing substation and grid networks.
2.4.5 The Proposal must remain valid for 60 days after the submission date.
2.5.2 Consulting firm(s) must submit an original and three (3)
additional copies of each proposal.
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2.5.3 The proposal submission address is: The Company Secretary & Legal Affairs Director
Kenya Electricity Generating Company PLC. 10th Floor, KenGen Pension Plaza 2,
Kolobot Road, Parklands P O Box 47936 - 00100 NAIROBI, KENYA
Tel +254 20 3666708 Fax + 254 20 248848.
Information on the outer envelope should also include: Confidential, Request for Proposal for Consultancy Services
for Olkaria I Rehabilitation Project. 2.5.4 Proposals must be submitted no later than the following date and
time:
Date: September 30, 2020 Submission time: on or before 1000hrs East African Time Opening of the Technical proposal:
Date: September 30, 2020 Time: 10:30hrs East African Standard Time Venue: Stima Plaza III, KenGen Pension Plaza 2, 11th Floor
2.6.1 The address to send request for clarifications to the Client is:
Project Execution Manager, Kenya Electricity Generating Company PLC,
P.O. Box 47936 Nairobi 00100, KENYA. Telephone + 254 711036516
Email: [email protected]
Email Correspondence to be copied to: Cc: [email protected] Cc: [email protected]
Cc: [email protected] Cc: [email protected]
2.7.1 The minimum technical score required to pass: 70 points
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EVALUATION CRITERIA SCORE
(i) Experience
a) General
A track record of NOT less than 12 years relevant experience in consulting services
on Geothermal power plants including feasibilities studies, Geothermal resource assessment and site classification. The experience should include consultancy in at least three different geothermal
power plants that have been constructed and commissioned within the past 10-years. 8
b) Specific
• A track record of relevant experience in design of at least two (2) different geothermal power plants
• The capacity of each power plant cited should be equivalent to or greater than 40MW with at least two units in the same power plant complex
• The technology used for each of the power plants should be single-flash or double-flash.
• Geothermal Power plants using Organic Rankine Cycle (ORC) technology are NOT admissible for consideration under this criteria 4
• Experience in design of at least two (2) different geothermal steam gathering systems for use in power plants using single-flash or double-flash technology.
• Steam flow in the geothermal steam gathering system should be a minimum of 500-tons/hr at pressure of at least 5-Bar.
• Minimum length of the cross-country pipeline for the steam gathering system for each of the two projects should be 5km. 4
• A track record of design for at least two (2) different HV electrical power substations and transmission systems of 132kV or higher including connection and integration to existing HV substations and grid networks. 4
• A track record of relevant experience in supervision of construction, installation and commissioning of at least two (2) different single-flash or double-flash Geothermal power plants including Turbine/Generator erection
• The capacity of each power plant cited in the experience should be equivalent to or greater than 40MW with at least two units in the same power plant complex
• The technology used for each power plant cited in the experience should be single-flash or double flash 4
• Experience in supervision of construction works for geothermal steam gathering system of at least two (2) different geothermal power plants
systems
• The technology used for each power plant cited in the experience should be single-flash or double-flash technology.
• Steam flow in the geothermal steam gathering system should be a minimum of 500-tons/hr at pressure of at least 5-Bar or greater 4
• A track record in supervision of Construction, installation and commissioning of at least two (2) different HV electrical power substations and transmission systems with voltage rating of 132kV or higher including connection and
integration to existing HV substations and grid networks. 4
Totals 32
(ii) Adequacy to TOR
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- Technical Approach and methodology 8
- Quality of Work plan and project period in total 6
- Organization and staffing 4
Totals 18
(iii) Qualification and Experience of key staff:(Refer to Key staff qualifications) R
A-1 Project Manager 3
A-2 Mechanical Team lead 3
A-3 Process Design Team lead 3
A-4 Electrical Team lead 3
A-5 Instrumentation and Control Team lead 2
A-6 Civil and Structural Team lead 3
B-1 Site Project Manager 3
B-2 Site Contract and commercial manager 2
B-3 Site Mechanical Team Lead 3
B-4 Site Mechanical Expert 1
B-5 Site Electrical Team Lead 3
B-6 Site electrical expert (Power Plant and HV substation) 1
B-7 Site electrical expert (Steamfield electrical power supply) 1
B-8 Site Civil & structural Works Team Lead 3
B-9 Site Civil and structural Works expert 1
B-10 Site Environment, safety and Health (ESH) Lead 1
B-11 Site Control & Instrumentation Team Lead 2
B-12 Site Instrumentation and Control expert 1
B-13 Site Quantity Surveyor 1
Totals 40
(iv) Suitability of the transfer of knowledge (training) program:
a) Relevance of Proposed training program 1
b) Training approach and methodology 2
c) Qualifications and relevancy of proposed training sub-consulting firm/s 2
Totals 5
(v) Participation by nationals among proposed key staff 5
GRAND TO CONSULTING FIRM(S) 100
2.8.5 Alternative formula for determining the financial scores is the following:
Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T= 0.7 P= 0.3
The single currency for price conversions is: Kenya Shilling.
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The source of official selling rates is: Central Bank of Kenya.
The date of exchange rates is: 14 days prior to the bid closing date.
2.10.2 The assignment is expected to commence in December 2020 Location: Olkaria in Nakuru County, Kenya.
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SECTION III: - TECHNICAL PROPOSAL Notes on the preparation of the Technical Proposals
3.1 In preparing the technical proposals the Consulting Firm(s) is/are
expected to examine all terms and information included in the RFP. Failure to provide all requested information shall be at the Consulting Firm(s) own risk and may result in rejection of the Consulting Firm(s) proposal.
3.2 The technical proposal shall provide all required information and any
necessary additional information and shall be prepared using the standard forms provided in this Section.
3.3 The Technical proposal shall not include any financial information
3.4 The technical proposal should show separately the schedule of man-hours
for: i) Each staff ii) One-Time commissioning expatriates
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SECTION III - TECHNICAL PROPOSAL
Table of Contents
1. Technical proposal submission form
2. Firms references
3. Comments and suggestions of Consulting Firm(s) on the Terms of reference and on data, services and Facilities to be provided by the
procuring entity
4. Description of the methodology and work plan for performing the
assignment.
5. Team composition and task assignments
6. Format of curriculum vitae (CV) for proposed Professional staff
7. Time schedule for professional personnel
8. Activity (work schedule)
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1. TECHNICAL PROPOSAL SUBMISSION FORM
[_______________ Date]
To:______________________[Name and address of Client) Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for __________________
_______________________________[Title of consulting services] in accordance with your Request for Proposal dated ______________________[Date] and our
Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.
We are submitting our Proposal in association with:[insert a list with full name and address of each associate CONSULTING FIRM(S)]
We hereby declare that all the information and statements made in this
proposal are true and accept that any misinterpretation contained in it may lead to disqualification.
If negotiations are held during the period of validity of the proposal as per ITC 2.4.5 above, we undertake to negotiate on the basis of the proposed staff. Our
proposal is binding upon us and subject to the modifications resulting from the contract negotiations.
We understand you are not bound to accept any Proposal that you receive. We remain,
Yours sincerely,
_______________________________[Authorized Signature]: ________________________________[Name and Title of Signatory] : _________________________________[Name of Firm] : _________________________________[Address:]
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2. FIRM’S REFERENCES
Relevant Services Carried Out in the Last Five Years
That Best Illustrate Qualifications
Using the format below, provide information on each assignment for which
your firm either individually, as a corporate entity or in association, was
legally contracted.
Firm’s Name: ___________________________________
Name and title of signatory; ________________________
Assignment Name: Country:
Location within Country:
Professional Staff provided by Your Firm/Entity (profiles):
Name of Client:
Clients contact person for the assignment.
Address:
No of Staff-Months;
Duration of Assignment:
Start Date (Month/Year):
Completion Date (Month/Year):
Approx. Value of Services
Name of Associated Consulting Firm(s). If any:
No of Months of Professional Staff provided by Associated Consulting Firm(s):
Name of Senior Staff (Project Director/Coordinator, Team Leader/expert/specialist) Involved and Functions Performed:
Narrative Description of project:
Description of Actual Services Provided by Your Staff:
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(May be amended as necessary)
3. COMMENTS AND SUGGESTIONS OF CONSULTING FIRM(S) ON THE
TERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO
BE PROVIDED BY THE CLIENT.
On the Terms of Reference:
(i)
(ii)
(iii)
(iv)
(v)
On the data, services and facilities to be provided by the Client:
(i)
(ii)
(iii)
(iv)
(v)
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4 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR
PERFORMING THE ASSIGNMENT (Use additional sheets if need be)
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5. TEAM COMPOSITION AND TASK ASSIGNMENTS
A. Off-site activities
1. Technical and Managerial Staff
Name Position Task
2. Support Staff
Name Position Task
B. Site activities
1. Technical and Managerial Staff
Name Position Task
2. Support Staff
Name Position Task
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6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED
PROFESSIONAL STAFF
Proposed Position:
_____________________________________________________________ Name of Firm:
_________________________________________________________________
Name of Staff: __________________________________________________________________
Profession: _____________________________________________________________________
Date of Birth: __________________________________________________________________
Years with Firm: ___________________________ Nationality: ______________________
Membership in Professional Societies:
__________________________________________
Detailed Tasks Assigned: _______________________________________________________
Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations].
Education: [Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree[s] obtained.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]
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Languages:
[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]
Certification:
I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.
_________________________________________________________ Date:
________________ [Signature of staff member] ___________________________________________________________________ Date; ______________
[Signature of authorized representative of the firm]
Full name of staff member: _____________________________________________________
Full name of authorized representative: _________________________________________
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7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
Months (in the Form of a Bar Chart)
Name Position Reports
Due/
Activities
1
2
3
4
5
6
7
8
9
10
11
…
Number of months
Subtotal (1)
Subtotal (2)
Subtotal (3)
Subtotal (4)
Reports Due: _________
Activities Duration: _________
Signature: ________________________ (Authorized representative)
Full Name: ________________________
Title: ______________________________
Address: ___________________________
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8. ACTIVITY (WORK) SCHEDULE
(a). Field Investigation and Study Items
[1st,2nd,etc, are months from the start of assignment)
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Activity (Work)
(b). Completion and Submission of Reports (See Terms of Reference)
Reports Date
1
2
3
4
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SECTION IV: - FINANCIAL PROPOSAL
Notes on preparation of Financial Proposal 4.1 The Financial proposal prepared by the consulting firm(s) should list the
costs associated with the assignment. These costs normally cover remuneration for staff, subsistence, transportation, services and equipment, printing of documents, surveys and any other items that may be applicable. The costs should be broken down to be clearly understood by the Client.
4.2 The financial proposal shall either be in Kenya Shillings, US Dollar or Euro and shall take into account the Consulting Firm(s) liability and cost of insurances specified in the request for proposal.
4.3 The financial proposal should be prepared using the Standard forms provided in this part
4.4 The financial proposal should show separately the following costs;
I. Head office staff – Responsible for project management and design reviews
II. Site based staff – Responsible for supervision of site construction works, management of defects liability period and transfer of knowledge
III. Reimbursable costs
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SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS
Table of Contents
Page
1. Financial proposal submission Form
2. Summary of costs
3. Breakdown of price per activity
4. Breakdown of remuneration per activity
5. Reimbursable per activity
6. Miscellaneous expenses
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1. FINANCIAL PROPOSAL SUBMISSION FORM
________________[ Date]
To: ______________________________________
______________________________________ ______________________________________
[Name and address of Client] Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for (____________)
[Title of consulting services] in accordance with your Request for Proposal dated (__________________) [Date] and our Proposal. Our attached Financial Proposal
is for the sum of (_________________________________________________________________) [Amount in words and figures] inclusive of the taxes.
We remain,
Yours sincerely,
_____________________________[Authorized Signature] :
_____________________ [Name and Title of Signatory]:
_______________________ [Name of Firm] ______________________ [Address]
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2. SUMMARY OF COSTS
2.1 Overall Costs Summary
No. Description Currency Amount
1. Sub-total (Lumpsum plus Time-
based components)
2. Taxes
3 Grand Total Amount of Financial Proposal (inclusive of all applicable
taxes)
2.2 Lumpsum Component
No. Description Currency Amount
1. Remuneration
2. Reimbursables
3. Miscellaneous
4. Sub-Total
5. Taxes
6. Sub-Total for Lumpsum Component
2.3 Time-Based Component
No. Description Currency Amount
1. Remuneration
2. Reimbursables
3. Miscellaneous
4. Sub-Total
5. Taxes
6. Sub-Total for Time-based
Component
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3. BREAKDOWN OF PRICE PER ACTIVITY
3.1 Activity Description – Phase I – Project implementation (Design Reviews by
Consultant head office)
No. Item Description Currency Amount
1. Remunerations
2. Reimbursables
3. Miscellaneous Expenses
3. Sub-Total
3.2 Activity Description – Phase I – Project implementation (Supervision of site
Construction Activities)
No. Item Description Currency Amount
1. Remunerations
2. Reimbursables
3. Miscellaneous Expenses
4. Sub-Total
3.3 Activity Description – Phase II – Management of Defects Liability Period
No. Item Description Currency Amount
1. Remunerations
2. Reimbursables
3. Miscellaneous Expenses
4. Sub-Total
3.4 Activity Description – Phase III – Transfer of Knowledge
No. Item Description Currency Amount
1. Remunerations
2. Reimbursables
3. Miscellaneous Expenses
4. Sub-Total
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4. BREAKDOWN OF REMUNERATION PER ACTIVITY
4.1 Activity Description – Phase I – Project implementation (Design Reviews by
Consultant head office)
No. Designation Staff Name Estimated
Total Man-
Hours for
the project
Duration
Rate
(Consultant
to indicate
the
currency)
Amount
1. Project Manager 990
2. Civil/structural
Design Engineer
1,320
3. Electrical Design
Engineer
1,320
4. Electrical Power
System Protection
Design Engineer
1,320
5. Mechanical Design
Engineer
1,320
6. Process Design
Engineer
1,320
7. Instrumentation and
Control Design
Engineer
1,320
Sub-Total for Design Reviews by Consultant’s Head Office
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4.2 Activity Description – Phase I – Project implementation (Supervision of site
Construction Activities)
No. Designation Staff Name Estimated
Man-
Months
(Duration
during
which the
expert will
be at site)
Rate
(Consultant
to indicate
the
currency)
Amount
1. Site Project Manager 33
2. Site Contracts and
Commercial Manager
33
3. Site Civil/structural
Team Lead
33
4. Civil/structural expert 33
5. Site Electrical Team
Lead
25
6. Site Electrical
Powerplant/substation
Expert
33
7. Site Electrical
Steamfield expert
33
8. Site Mechanical
Team Lead
30
9. Site Mechanical
powerplant/steamfield
expert
33
10. Site Instrumentation
and Control team lead
24
11. Site Instrumentation
and Control Expert
33
12. Site Quantity
surveyor
33
13. Site ESH Expert 33
Sub-Total for Supervision of site Construction Activities
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4.3 Activity Description – Phase II – Management of Defects Liability Period
No. Designation Staff Name Man-
Months
allocated to
expert for
(DLP)
Rate
(Consultant
to indicate
the
currency)
Amount
1. Site Project Manager 6
2. Site Contracts and
Commercial Manager
3
3. Site Civil/structural
Team Lead
2
4. Civil/structural expert 4
5. Site Electrical Team
Lead
3
6. Site Electrical
Powerplant/substation
Expert
4
7. Site Electrical
Steamfield expert
0
8. Site Mechanical
Team Lead
3
9. Site Mechanical
powerplant/steamfield
expert
4
10. Site Instrumentation
and Control team lead
3
11. Site Instrumentation
and Control Expert
4
12. Site Quantity
surveyor
5
13. Site ESH Expert 2
Sub-Total for Management of Defects Liability Period
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4.4 Activity Description – Phase III – Transfer of Knowledge
No. Designation Staff Name Man-
Months
allocated to
expert for
Transfer of
Knowledge
Rate
(Consultant
to indicate
the
currency)
Amount
1. Site Project Manager 2
2. Site Civil/structural
Team Lead
1
3. Site Electrical Team
Lead
1
4. Site Mechanical
Team Lead
1
5. Site Instrumentation
and Control team
lead
1
Sub-Total for Transfer of Knowledge
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5. REIMBURSABLES PER ACTIVITY
5.1 Activity Description – Phase I – Project implementation (Design Reviews by
Consultant head office)
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. International Flights Trip
2. Miscellaneous Travel
Expenses
Trip
3. Subsistence Allowance Day
4. Local Transportation
Costs
5. Office Rent,
Accommodation or
clerical assistance
6. Sub-Total for reimbursables for Design Reviews by Head Office
Staff
5.2 Activity Description – Phase I – Project implementation (Supervision of site
Construction Activities)
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. International Flights Trip
2. Miscellaneous Travel
Expenses
Trip
3. Subsistence Allowance Day
4. Local Transportation
Costs
5. Office Rent,
Accommodation or
clerical assistance
6. Sub-Total for reimbursables for Supervision of Site Construction
Activities
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5.3 Activity Description – Phase II – Management of Defects Liability Period
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. International Flights Trip
2. Miscellaneous Travel
Expenses
Trip
3. Subsistence Allowance Day
4. Local Transportation
Costs
5. Office Rent,
Accommodation or
clerical assistance
6. Sub-Total for reimbursables for Management of Defects Liability
Period
5.4 Activity Description – Phase III – Transfer of Knowledge
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. International Flights Trip
2. Miscellaneous Travel
Expenses
Trip
3. Subsistence Allowance Day
4. Local Transportation
Costs
5. Office Rent,
Accommodation or
clerical assistance
6. Sub-Total for reimbursables for Transfer of Knowledge
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6. MISCELLANEOUS EXPENSES
2.4 Activity Description – Phase I – Project implementation (Design Reviews by
Consultant head office)
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. Communication costs
(telephone, telegram,
telex)
2. Drafting, reproduction
of reports
3. Administrative support
services (Back office)
4. Software Costs
5. Sub-Total for miscellaneous expenses for Design Reviews by Head
Office Staff
2.5 Activity Description – Phase I – Project implementation (Supervision of site
Construction Activities)
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. Communication costs
(telephone, telegram,
telex)
2. Drafting, reproduction
of reports
3. Administrative support
services (Back office)
4. Software Costs
5. Sub-Total for miscellaneous expenses for Supervision of Site
Construction Activities
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2.6 Activity Description – Phase II – Management of Defects Liability Period
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. Communication costs
(telephone, telegram,
telex)
2. Drafting, reproduction
of reports
3. Administrative support
services (Back office)
4. Software Costs
5. Sub-Total for miscellaneous expenses for Management of Defects
Liability Period
2.7 Activity Description – Phase III – Transfer of Knowledge
No. Description Unit Quantity Unit Price
(Consultant to
indicate currency)
Amount
1. Communication costs
(telephone, telegram,
telex)
2. Drafting, reproduction
of reports
3. Administrative support
services (Back office).
4. Software Costs
5. Sub-Total for miscellaneous expenses for Transfer of Knowledge
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SECTION V: - TERMS OF REFERENCE
1. BACKGROUND
Kenya Electricity Generating Company PLC (KenGen) intends to undertake
rehabilitation of Olkaria I 45MW geothermal power plant in order to enhance power output for another 25-years and improve efficiency. The project entails upgrading or replacement of existing: -
i. Well pad, vent station, and demisters (steam separators) ii. Turbine/generator,
iii. Cooling tower and auxiliary systems, iv. Condenser and seal pit, v. Electrical systems and balance of plant
The project is packaged into one lot, incorporating Steam-field Rehabilitation,
Power Plant and HV Substation Rehabilitation - Civil, Electrical and Mechanical EPC Contract). The scope of the contract is as detailed hereunder:
a. Steam-field rehabilitation Section
The objectives of this section is to rehabilitate and upgrade the steam gathering system such as well-pads and steam lines, vent station, and the separator stations (demisters) for processing steam from the wells and delivering it to the
power plant boundary and to dispose the separated brine to the reinjection wells.
This section shall constitute supply, installation and testing of the Steam-gathering/transmission system from the wells to the new power stations and
for conveying the condensate for reinjection to the reinjection wells using both hot and cold reinjection. It shall include the following:
(i) Upgrade and rehabilitate the existing Well Pad Power & Instrumentation
by installing AC electrical power (for lighting or auxiliary power usage)
and Instrumentation and control (I&C) system (ii) Rehabilitation of well pad lighting and flow measurement orifices and
Differential Pressure (DP) transmitters and pressure gages and
transmitters (iii) Supply and installation of bi-phase transmission pipelines, the separator
stations, the steam pipelines, manifold and vents system including the interface to the power plant.
(iv) Rehabilitation of well pad columns, pipe supports and shoes (anchors)
(v) Replacement of damaged and vandalized steamfield insulation and cladding
(vi) Supply and installation of a new steam vent station and rock muffler and
installation of flanges on the isolation valves upstream and downstream (vii) Rehabilitation and or replacement of the I&C panels of each of the rock
mufflers (viii) Rehabilitation of the security lighting to rock muffler structures
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(ix) Rehabilitation of steam scrubbers with spray wash system to remove condensates and particulates in the steam gathering system.
(x) The contract will include all the associated civil and structural works to be undertaken for the rehabilitation and installation.
The contract will be executed as follows
a) There shall be no concept design nor detailed design, or preparation of Bills of Quantities etc. since the works have already been executed under a separate contract.
b) The construction contract will be an EPC Contract. c) The consultant will amongst other tasks be responsible for:
i. Risk analysis and propose mitigation measures ii. Review EPC Contractor’s program for Works and make appropriate
recommendations to ensure completion of works is achieved within the
contractual period iii. Management of the EPC Works Contract
iv. Review Contractor’s applications for payment and prepare Payment Certificates
v. Review and approval of the detailed designs submitted by the EPC
Contractor vi. Review and approval of the construction and installation method
statements submitted by the EPC Contractor
vii. Supervise the equipment installation, site testing and commissioning viii. Review the site tests results as submitted by the EPC Contractor to
ensure compliance with the Employer’s technical specifications and requirements
ix. Review the As-Built Drawings and documents submitted by the EPC
Contractor to ensure compliance with Employer’s requirements x. Review the Operations & Maintenance manuals and documents as
submitted by the EPC Contractor for compliance with Employer’s
requirements
The units may be rehabilitated one at a time. It is the intention of the employer to maintain part of the steamfield operational so as to supply steam to the other operational unit/s. As the existing steam gathering system will be in operation,
it is assumed that:
• The consultant shall review the EPC Contractor’s overall schedule for the steamfield rehabilitation including the interfaces between the three
activities of (i) steam field rehabilitation (construction activities), (ii) HV substation rehabilitation works, installation, testing and commissioning and (iii) power plant rehabilitation, installation, testing and
commissioning that will be taking place by different teams consecutively and simultaneously.
• All design reviews and necessary site design changes shall be carried out by the Consultant’s staff at site. These reviews and site changes shall be undertaken by a team incorporating consultant’s site engineers as well as
client’s respective engineers. As part of the client’s efforts to ensure hands
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on and practical design knowledge is transferred to the staff carrying out the project, the client intends to nominate 2 staff members that will be
incorporated in the team carrying out these design reviews and changes. The consultant shall therefore allow as part of his site team, this
requirement.
• The Consultant shall be required to review and recommend to the Employer on any modifications which had originally been overlooked but which might be crucial in proper implementation of the project and operation of the plant. This shall include recommendations from the
Employer.
b. Power Plant and HV Substation Rehabilitation - Civil, Electrical and Mechanical Section
This Section shall constitute the Power Plant and HV substation including all Civil, Structural, Electrical, Mechanical, Control and Instrumentation works for
the rehabilitation and upgrade of the 3x15MW units at Olkaria I power plant.
This construction section shall include necessary design and supply, installation, testing and commissioning in order to realize the following among others:
- Redesign and replace Turbine and Generator to maximize steam
utilization.
- A new cooling tower in existing basin, cooling water systems, compressed air system, treatment systems for circulating and cooling water
- Condensers to be cleaned, plugged or damaged nozzles replaced and seal pit and barometric leg fixed or repaired with FRP piping.
- Replacement of Seal water pumps to provide cooling water to the Liquid
Ring Vacuum Pumps (LRVP’s) which shall also be replaced, flash pipes and the after condenser for quenching of the NCG’s before they are
extracted to the cooling tower. - Blow-down re-injection system, steamfield control valves and remote
connected instrumentation;
- New main generator 11kV circuit breakers, 3.3kV and 0.415kV switchboards with wellhead distribution system
- Supply of new generator transformers for feeding generated power into
the grid system. All other transformers, DC and secure AC systems, Electrical control/mimic panel, control and instrumentation;
- New electrical protection relays and control system to be installed - Upgrade the HVAC system to provide H2S filtration of the conditioned air
supplied to the control and electrical rooms. Provide a 2x100% system to
provide redundancy. - Supply of a new diesel generator and fire-fighting system, turbine hall
and workshop cranes
- Supply of a new DCS system for the Steamfield and the power plant. Measurement devices for each turbine shall be connected with the DCS
system with instantaneous and totalizing displays as necessary.
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- The power plant to be integrated to the Remote-Control Center Room (RCCR) at Olkaria IAU power plant for remote monitoring and control
- Rehabilitation of the existing 132kV HV substation & switchgear for evacuation of power from Olkaria I power plant. This work includes
modification of the existing HV substation electrical protection system to enable the rehabilitated facilities integrate with existing grid
- All civil works associated with the rehabilitation of the HV substation
The objective of this contract is to rehabilitate the turbines so that each unit will be generating upwards of 16.9MW gross, using the available 500Tons/hr
of steam and a net plant steam rate of 7.8 kg per KWhr. With needed modifications, the plant availability is expected to stay at 93% or greater for
the next 25-years. The plant will receive steam at the power plant boundary, to be defined by the EPC contractor, convert the steam energy into electricity through the generator/s, ready for step-up and transmission to the national
grid. This section will be executed as follows: a) There shall be no concept design nor detailed design, preparation of
Bills of Quantities etc. since this scope has already been executed under a separate contract.
b) The construction contract will be Engineer, Procure and Construct
(EPC) type; c) The consultant will amongst other tasks be responsible for:
i. Risk analysis and propose mitigation measures
ii. Review EPC Contractor’s program for Works and make appropriate recommendations to ensure completion of works is
achieved within the contractual period iii. Management of the EPC Works Contract iv. Review Contractor’s applications for payment and prepare
Payment Certificates v. Review and approval of the detailed designs submitted by the
EPC Contractor
vi. Review and approval of the construction and installation method statements submitted by the EPC Contractor
vii. Supervise the equipment installation, site testing and commissioning
viii. Review the site tests results as submitted by the EPC
Contractor to ensure compliance with the Employer’s technical specifications and requirements
ix. Review the As-Built Drawings and documents submitted by the EPC Contractor to ensure compliance with Employer’s requirements
x. Review the Operations & Maintenance manuals and documents as submitted by the EPC Contractor for compliance with Employer’s requirements.
To this end, KenGen intends to engage the services of a consultant for
supervision of the construction works.
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The Consultancy contract will be of lump sum for head office works and time based for site works based on estimated time of engagement. It is
estimated that the Contract shall take 33 Calendar months which include 19 months for shut down of plant as part of the 33 months. An estimated total
of about 452 professional person months shall be for the following activities: A. Lumpsum activities
The lumpsum activity is for all Head Office staff and includes all overheads for the following activities:
Phase Activity Period
(Months)
Remarks
i Overall project
administration and management
33 This is the estimated duration
for execution of the site works
ii. Design reviews 33 Review of EPC Contractors designs is expected to continue for the duration of the site
works. However, majority of the design reviews are expected to
be completed within the first 18-months of the EPC Contract
iii. Management of
Defects Liability Period including
project closure
12 This is the duration for DLP
including preparation of final accounts
B. Time Based activities The Time based activities shall only apply to site staff and includes all overheads for the following activities:
Phase Activity Period
(Months)
Remarks
i. Supervision of
Construction Works, Site Acceptance Testing &
Commissioning
33 This is the estimated duration
for execution of the site works
ii. Management of
Defects Liability Period including project closure
12 Specific experts have been
allocated respective man-months during which they may be required at site during
the DLP
iii. Knowledge Transfer To be carried out in parallel
with supervision of construction works, Site Acceptance Testing and
commissioning works
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The Consultant shall act as the Owner’s Engineer during the project implementation for contract.
The total project consultancy period will be approximately Forty-Five (45) months.
2. OBJECTIVES
The objectives for the Consultancy Services assignment include the following:
i) Project management; ii) All project related Construction works supervision;
iii) Facilitating and Training of the Employer’s staff.
3. SCOPE OF SERVICES
The Consultant shall endeavour to collate, gather, compile, review all the project documents and ascertain all information both from within and
outside sources so as to be in a position for an output that is able to deliver optimum benefits to the Employer. No liability shall be placed on the employer for omissions, commissions and failure by the Consultant to verify
and ascertain the accuracy and/or appropriateness of information provided by the Employer.
Phase I: Project Implementation
This is a time-based contract for site activities and lump-sum contract for head office assignment based on estimated time for implementation of project. The Consultant shall;
a) Review the Contractor’s detailed project control program based on
Critical Path Method (CPM) together with bar charts, curves and detailed
reports of critical activities, percentage completion, interface points, etc. for design, procurement and construction of the civil, mechanical and
electrical works.
b) Prepare and continuously review the Project Risk management and
Project Execution plans. The Consultant shall assist the Employer in identifying risks in earlier phases of the project cycle and defining risk
mitigation measures.
c) Coordinate work on activities to be undertaken by the Employer
including approval of all engineering and design related construction. This includes design review for the Works.
d) Review and approve EPC Contractor’s site construction drawings, facilitate site discussions with Contractor on the construction drawings
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as submitted and make appropriate changes where necessary to suit site construction after getting authorization from the Employer.
e) Review and approve Contractor’s design information, drawings,
calculations and reports for compliance with Specifications, codes and standards, and sound engineering practice for the EPC Works in consultation with the Employer.
f) Assist, support, co-ordinate, supervise, make decisions and issue
instructions for all engineering and design related to the construction
activities to ensure compliance to required specifications, quality assurance and safety of the project in consultation with the Employer.
g) Provide suitably qualified site staff to supervise the construction,
installation, testing and commissioning of the works and approving all
tests including but not limited to performance tests and the pressure testing of vessels using the applicable international standards.
h) Examination/Review and approval of the contractor’ design proposals
for compliance with specifications, and with the objective of ensuring
compatibility with and interface between various sections of the Works. The site staff should be able on their own to undertake design reviews and make recommend changes as necessary to suit site construction
conditions for all the Works. Any changes to be approved with consent of the Employer.
i) In addition, provide qualified staff to provide environmental support and
administration roles including safety supervision and Contract
Administration.
j) Examine and approve the contractor’s design information, drawings and
reports for compliance with specifications, codes and standards, and sound engineering practice.
k) Examine and approve the contractor’s energy efficiency strategy
including proposed specifications, codes and standards to ensure it
conforms to best engineering practice. Coordinate energy efficiency studies and audits as necessary and ensure that suitable reports are
produced.
l) Issue all necessary instructions to the contractor, after getting consent
from the Employer.
m) Inspect and witness Factory acceptance testing during manufacture of
electrical, mechanical machinery, process equipment and plant before shipment for incorporation in the works. Ensuring that relevant and
adequate knowledge transfer for the Employer’s staff are carried out at manufacturers' premises.
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n) Monitor the progress of the project and update implementation schedules. Update costs, project cash flow requirements and prepare
reports to the Employer at regular intervals in agreed formats. Prepare monthly, quarterly and annual or other regular reports as required by
the Employer, Financiers and other stakeholders.
o) Hold regular meetings with the Employer and contractors to review the
implementation progress. Prepare and distribute minutes of such meetings.
p) Upon evidence of possible or impeding negative impact on project schedule, cost, integrity, quality and progress, propose and ensure
implementation of remedial measures are achieved in consultation with the Employer as necessary.
q) Identify potential opportunities for contractor’s claims against the Employer and take immediate remedial action to forestall such claims.
Report the same to the Employer.
r) Receive and verify Contractor’s invoices, issue certificates for payment
according to the conditions of the contract for works, and advising the Employer when payments are due. All invoices and the necessary backups shall have a soft copy forwarded to the Employer immediately
the Consultant receives them. Approved payment certificates shall be forwarded later to the Employer.
s) Prepare change orders/variations and evaluate claims, if any, in
accordance with the provisions of the contract.
t) Arrange for review and delivery to KenGen on completion of the works
such records as as-built drawings, manufacturers’ manuals and
Operation and Maintenance (O & M) manuals as are necessary to enable the Employer to operate and maintain the facilities. Ensuring that
relevant and adequate operation and maintenance training programs for Employer’s staff are carried out at site.
u) Provide both site and home office-based staff during the 12 months plant guarantee period to meet Employer’s requirements.
v) On completion of the works, issue Performance Certificates and
Takeover Certificates .Project Completion Reports shall be expected from
the consultant within 3 months after TOC.
w) Provide the Employer with relevant technical and financial reports,
which may be required from time to time.
x) Assess adequacy of spares and consumables provided by the contractor to support the project operation of the steam fields, the power plant, the substations and the transmission systems. At the same time review the
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recommended list of spares and tools provided by the contractor and advice the client accordingly.
y) Assess the adequacy of training materials and time prepared by the
Contractor to enable the operations and maintenance staff to take over and safely operate the Steam-fields, Power plant, substation and HV transmission line.
z) Establishment, review and update of project management system,
including Risk Management and Hazard and Operability (HAZOP) study,
and procedures to monitor and control the cost and time schedule to enable timely corrective measures,
aa) Arrange for orderly and timely transfer of all intellectual property
accruing from the project to the Employer who remains the owner of the
same and retain the right to use it at will without further reference to any party except where specifically agreed. This will include design data,
calculations and reports; drawings and their basis; etc. The property will be provided in both hard and soft (in USB Flash disk) format.
bb) Coordinate and ensure smooth and formalize the takeover of the project by the Operations and Maintenance staff.
cc) Assist the Employer in Preparation of various reports as may be required by Financiers and other stakeholders during all phases of the
Project.
dd) The employer shall provide rights of an established information
management system to the consultant and therein the consultant shall utilize the same for all project information and data.
Phase II: Defects Liability Phase
a) Put in place tools for capturing defects during the defects liability period and communicating the same to the contractor for action.
b) Ensure that all defects are addressed to the satisfaction of the Employer’s staff and as per the contract/s.
Phase III: Transfer of Knowledge 1. SITE STEAMFIELD TRAINING.
The consultant shall facilitate the specialized trainings alongside O&M
trainings to be delivered by the contractor. It is recommended that the
trainings shall run across O&M for the plant, HV Substations, MV
distribution Line for steamfield supplies , Steamfield geothermal steam
gathering system and any other necessary training. The content of the
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training shall be prepared by the contractor, reviewed by the consultant
and approved by the employer
2. OTHER TRAININGS
The Consultant will be expected to coordinate on-the-job training to the
Employer’s Project Team members at site and overseas as follows: Training Stage Number of
Employer Staff
Location Duration (Days)
Design review of power plant detailed design drawings at Contractor’s office
Construction Supervision
4 Overseas 10
Design review of the HV Substation & Transmission
Lines detailed design drawings at Contractor’s office
Construction Supervision
4 Overseas 10
Design review of the detail designs of the steamfield and
power plant at Contractor’s office
Construction supervision
4 Overseas 10
The Consultant will propose training approaches and methods to undertake these tasks.
The Consultant will include all his costs, necessary to carry out the training in their Financial Proposal, including time, overseas economy air travel, office
space, training materials, e-mail service, overseas transport and local expenses.
The Consultant shall make arrangement for adequate on-the-job training at site, and the appraisal of counterpart personnel on a half yearly basis with a format to be agreed on with the Employer
The Consultant will propose training approaches and methods to undertake this task.
4. FACILITIES AND COUNTERPART PERSONNEL TO BE PROVIDED
The following office facilities will be provided near the site;
(i) Four furnished container offices at Olkaria Sites with desks and
chairs. The consultant shall provide office equipment, such as telephone, fax, computers, printers and internet-based systems.
Provision of all office services including security, cleaning, maintenance, provision of potable water, electricity bills, stationery, etc. shall also be the Consultant’s responsibility.
(ii) One container with fixed shelves shall be provided for document storage.
Alternatively, an office block with 4 rooms shall be given within 3 Km distance.
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(a) The Consultant is made aware that the provision of the following
facilities/services shall be their responsibility:
The provision of all vehicles and transport arrangements on site.
Medical arrangements.
Accommodation of the consultant staff and any other related requirements.
Maintenance of security and cleanliness in and around the facilities occupied by their staff and the entire office building.
In addition, the Consultant is made aware that the Contractor and the Employer are not obliged to provide any recreational facilities at the
Olkaria Site for the Consultant’s personnel. In the event that no such facilities are provided, or should the Contractor choose not to allow the Consultant to make use of their facilities, the Consultant will need to
make their own arrangements in this regard.
(b) The following KenGen staff will be provided as counterpart staff. They will join the Consultant team mainly for supervision of construction and equipment installation.
i) Steamfield Engineer (1) ii) Electrical Engineer (1)
iii) Mechanical Engineer (1) iv) Civil Engineer (1)
v) Instrumentation & control Engineer (1)
Additional staff may be attached to the Consultant on agreement with the
Employer for training purposes.
5. REPORTING
i) Monthly Progress Reports to be prepared in a format to be agreed
with the lending institutions and Employer and also availed in soft copy.
ii) Prepare and maintain a Combined plan of works schedule (in
Primevera P6 or other equivalent software) for all the Works based on
critical activities (hard copy and soft copy). Additionally, also cause the execution contractor to prepare and maintain a works schedule
as required in the contract.
iii) Quarterly reports on Environmental Monitoring and Management
during Construction and submitted in soft copies
iv) Operation and Maintenance Manuals (8 copies)
v) As-Built drawings (8 copies)
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vi) Project Completion Reports (5 copies)
vii) The Consultant shall assist the Employer to prepare various reports and documents requested by the financiers and other stakeholders
from time to time
In addition to the hard copies, all the reports shall also be provided on soft copy/USB Flash Disk on suitable software. The As-Built drawings shall also be provided in transparencies.
The consultant shall also allow KenGen Project staff to have access to all the
design documents for purposes of information, review and comments. The consultant shall take into account the review comments from the employer.
6. IMPROVEMENT OF TOR
The Consultant may offer suggestions and improvements in the Terms of Reference, which they consider would result in better implementation of the
project. Such proposals if accepted will form part of the Terms of Reference of the proposals submitted by the consultant. The effect on time and cost estimates given under the above clause shall be clearly identified.
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SECTION VI:
CONTRACT FOR CONSULTANCY SERVICES
between
KENYA ELECTRICITY GENERATING COMPANY PLC.
and
[Name of the Consultancy Firm]
Dated:
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CONTRACT AGREEMENT
THIS AGREEMENT made on the _________ day of _____________ 2014 between Kenya Electricity Generating Company PLC of P.O. Box 47936 - 00100 Nairobi,
Kenya (hereinafter called the “Client”) of the one part and __________________ of P.O. Box _______________________ (hereinafter referred to as the “CONSULTING FIRM(S)”) of the other part:
WHEREAS the Client invited bids for the Consultancy Services for OLKARIA I Units 1, 2 & 3 Rehabilitation Power Project and the Consulting Firm(s)
accepted to provide these services for a consideration of a sum of _________________________________ (________) inclusive of all applicable taxes
(hereinafter called “the Contract Price”). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings
as are respectively assigned to them in the Conditions of Contract referred to.
2. The documents in this section shall constitute an integral part of the Contract and shall be interpreted in the following order of priority;
(a) This Contract Agreement; (b) The Client’s Notification of Award and Letter of Acceptance;
(c) Special Conditions of Contract and Appendices; (d) General Conditions of Contract; (e) Client’s Request for Proposal; and
(f) Consulting Firm(s) Proposal.
3. In consideration of the payments to be made by the Client to the
Consulting Firm(s) as hereinafter mentioned, the Consulting Firm(s) hereby covenants with the Client to provide the services and to remedy defects therein in conformity in all respects with the provisions of the
Contract. 4. The Client hereby covenants to pay the Consulting Firm(s) in
consideration of the provision of the services and the remedying of defects therein, the Contract Price or such other sum as may become payable
under the provisions of the Contract at the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above
written. Signed by, for and on behalf of the Client
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: ________________________________________________ Managing Director & CEO
Kenya Electricity Generating Company PLC. In the presence of:-
: ___________________________________________ Company Secretary, Legal & Corporate Affairs Director
Kenya Electricity Generating Company PLC.
Signed by, for and on behalf of the CONSULTING FIRM(S)
Name: _________________________________________________ Title: _____________________________________________________
(Consultancy services Firm) in the presence of
Name: _________________________________________________ Title: _____________________________________________________
(Consultancy services Firm)
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I. SPECIAL CONDITIONS OF CONTRACT
Below are the Special Conditions of Contract with reference to the General
Conditions of Contract.
GCC reference Clause
Special Conditions of Contract (SC)
1.1 (a) The Contract shall be interpreted in accordance with the laws of
Kenya
1.1 (b) The following documents shall form the Contract and shall be interpreted in the following order of priority:
(a) This Contract Agreement; (b) The Client’s Notification of Award and Letter of Acceptance;
(c) Special Conditions of Contract and Appendices; (d) General Conditions of Contract; (e) Client’s Request for Proposal; and
(f) Consulting Firm(s)’s Proposal.
1.1 (c) The Contract Price is made up of: a lump-sum component of______________________________________ and (i) A time-based component of up to a ceiling of
_______________________________
1.1 (s) The Client is Kenya Electricity Generating Company PLC of Stima Plaza, Kolobot Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi.
The Consulting Firm(s) is _______________________________
______________________________________________ ______________________________________________
1.1 (t) “day” means calendar day and “year” means 365 days.
1.1 (u) “Reimbursable (at cost)” means a mode of payment which shall be
reimbursed in accordance with the amount actually spent by the Consultant within the ceiling. The Consultant shall attach the receipts to the invoices.
1.4 The Contract shall be written in English language. All correspondence and other documents pertaining to the Contract
which are exchanged by the Parties shall be written in the English language.
1.6.1 The Client’s address for purposes of notice is:
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The Company Secretary, Legal & Corporate Affairs Director
Kenya Electricity Generating Company PLC, Stima Plaza, Kolobot Road, Parklands,
P.O. BOX 47936 - 00100 GPO, Nairobi.
Attention: Mr. Paul Ndungi
Facsimile: 254 20 2248848 The Consulting Firm(s) address for purposes of notice is:
___________________
___________________ ___________________ ___________________
Attention: _________________
Email: ______________________
Notices will be deemed to be effective as follows: (a) in the case of personal delivery, on delivery;
(b) in the case of registered mail, seven (7) business days following dispatch;
(d) in the case of facsimiles, one (1) business day following confirmed transmission.
1.6.2 A notice shall be effective when delivered or on the notices effective date, whichever is later.
1.8 The Member in Charge for purposes of this Contract shall be
_____________
1.9 Authorized representatives shall be the respective duly designated representatives of the Client or the CONSULTING FIRM(S) as listed
below and as may be communicated in writing from time to time. CONSULTING FIRM(S) Authorized representative is
________________________ ________________________________________________
________________________________________________ ________________________________________________
Clients Authorised representative is:
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The Managing Director & Chief Executive Officer or a designated
representative as communicated from time to time.
1.10 The CONSULTING FIRM(S) shall be responsible for all applicable
taxes
1.10 (a) Value Added Tax is applicable on the local portion. Withholding tax shall be deducted from the contract price in
accordance with the laws of Kenya.
2.1 The Effective Date shall be the date upon which both parties sign the Contract.
In the event that the Contract is signed on different dates the later date shall be applicable.
2.3 The Commencement Date shall be the Effective Date.
2.4 This Contract shall remain in force for forty five (45) months from Commencement Date but may be extended by the Client by written
notice to the Consultant.
3.4 (a) Except in case of gross negligence or wilful misconduct on the part of the Consulting Firm(s) or on the part of any person or firm
acting on behalf of the Consulting Firm(s) in carrying out the Services, the Consulting Firm(s) to the Client’s property shall not be
liable to the Client: (i) For any indirect or consequential loss or damage; and
(ii) For any direct loss or damage that exceeds (A) the total
payments for professional fees and reimbursable expenditures made or expected to be made to the Consulting Firm(s) hereunder, or (B) The proceeds the
Consulting Firm(s) may be entitled to receive from any insurance maintained by the Consulting Firm(s) to cover such a liability (which is limited to a maximum of 110% of
the Contract ceiling amounts), whichever of (A) or (B) is higher.
(b) This limitation of liability shall not affect the Consulting Firm(s)liability, if any, for damage to Third Parties cause by the
Consulting Firm(s)or any person or firm acting on behalf of the Consulting Firm(s) in carrying out the Services.’’
3.5 The risks and coverage shall be:
(i) Employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consulting Firm(s) and of any
Sub- Consulting Firm(s), in accordance with the relevant provisions of the Applicable Law; and
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(ii) Professional liability insurance – at least 110% of the Contract
Price;
(iii) Insurance against Loss or damage to
(a) the Consulting Firm(s’) property used in the performance of
Services, and
(b) Any document prepared by the Consulting Firm(s) in the
performance of the Services.
(c) Equipment given to the Consulting Firm(s) by the Client for
the performance of the Services.
4.5 If and when the Consultant considers it necessary to work outside normal working hours or on Public Holidays and Sundays so as to meet the Time for Completion, there has to be prior written consent
of the Client to authorize such Works. The Client will not unreasonably deny such a request to work outside the normal
working hours.
4.9 At any given time both the Site Project Manager and the Contract &
Commercial Manager shall not be away from site at the same time. Either one or both shall always be present at site to take charge of the Works.
6.3 (i) Payment shall be made within Sixty (60) days upon receipt of the Consulting Firm(s) invoice.
(ii) The payment for off-site (head office based) experts shall
constitute part of the lumpsum component of the Contract Price
and shall be paid according to the following schedule and milestones:
No. Milestone % Payment Remarks
1. Review and approval of EPC Contractor's design drawings
20% Six (6) months after commencement of the EPC Contract
2. Review and approval of EPC Contractor's
design drawings
20% Twelve (12) months after commencement
of the EPC Contract
3. Review and approval
of EPC Contractor's design drawings
20% Eighteen (18) months
after commencement of the EPC Contract
4. Review and approval of EPC Contractor's design drawings
15% Upon Commissioning of first unit
5. Review and approval of EPC Contractor's
design drawings
15% Upon Commissioning of second unit
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6. Review and approval
of EPC Contractor's design drawings
10% Upon Commissioning
of third unit
The financial proposal shall have distinct costs as per the milestones above.
(iii) The payment for on-site experts shall constitute the time-based
component of the Contract Price shall be paid as follows:
(a) Subject to the ceilings specified in Clause SC 1.1(c)(ii) hereof,
the Client shall pay to the Consulting Firm(s) (i) remuneration
as set forth in Clause GC 6.3(iii)(b), and (ii) reimbursable expenditures as set forth in Clause GC 6.3(iii)(c).
(b) Remuneration for the Personnel shall be determined on the
basis of time actually spent by such Personnel in the
performance of the Services after the date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or such
other date as the Parties shall agree in writing).
(c) Reimbursable expenditures actually and reasonably incurred
by the Consulting Firm(s) in the performance of the Services, as specified in Clause SC 6.3 (iii)(b).
(d) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the
Consulting Firm(s)’ home office and directly attributable to the Services (one hour being equivalent to 1/176th of a month) and on a calendar-day basis for time spent away from home office
(one day being equivalent to 1/22nd of a month).
(iv) The Consulting Firm(s) bank accounts for purposes of payments are:
for foreign currency payments: [insert account] for local currency payments: [insert account]
6.4 (i) Remuneration for foreign Personnel shall be paid in foreign currency and remuneration for local Personnel shall be paid in local currency.
(ii) The reimbursable expenditures in foreign currency shall be the
following:
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(a) Per diem allowance for each of the foreign or local Personnel for
every day in which such Personnel shall be absent from his home office and shall be outside the country for the purpose of the Services at the daily rate specified in Appendix ____;
(b) Cost of international transportation of the foreign Personnel by
the most appropriate means of transport and the most direct
practicable route to and from the consulting firm(s)’ home office; in the case of air travel, this shall be by less than first
class;
(c) Cost of communications (other than those arising in Kenya)
reasonably required by the Consulting Firm(s) for the purposes of the Services;
(d) Cost of printing, reproducing and shipping of the documents,
reports, drawings, etc. specified in Appendix _________;
(e) Cost of training of the Client’s personnel outside Kenya, as
specified in Appendix ___;
(f) Cost of laboratory tests on materials, model tests and other
technical services authorized or requested by the Client, as specified in Appendix ___; and
(g) Cost of items not covered in the foregoing but which may be required by the consulting firm(s) for completion of the
Services, subject to the prior authorization in writing by the Client.
(iii)The reimbursable expenditures in local currency shall be the following:
(a) Per diem allowance at a rate in local currency equivalent to the rates specified in Appendix ___ per day, for each of the short-
term foreign Personnel (i.e., with less than thirty six (36) months consecutive stay in Kenya) for the first ninety (90) days during which such Personnel shall be in Kenya;
(b) Per diem allowance at a rate in local currency equivalent to the
rates specified in Appendix ____ month, for each of the short-
term foreign Personnel for each day in excess of ninety (90) days during which such Personnel shall be in Kenya;
(c) Living allowance for each of the long-term foreign Personnel
(thirty six (36) months or longer consecutive stay in Kenya) at
the rates specified in Appendix _____;
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(d) Cost of the following locally procured items: local
transportation, office accommodations, camp facilities, camp services, subcontracted services, soil testing, equipment rentals, supplies, utilities and communication charges arising
Kenya, all if and to the extent required for the purpose of the Services, at rates specified in Appendix _____;
(e) Cost of equipment, materials and supplies to be procured locally in Kenya as specified in Appendix _____;
(f) Local currency cost of any subcontract required for the Services
and approved in writing by the Client; and
(g) Cost of such further items as may be required by the consulting
firm(s) for the purpose of the Services, as agreed in writing by the Client.
6.5 Billings and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the consulting firm(s) an
advance payment as specified in the SC 6.3. The advance
payment will be due after provision by the consulting firm(s) to the Client of a bank guarantee by a bank acceptable to the Client in
an amount specified in SC 6.3 and in a currency (or currencies) of the Contract, such bank guarantee (i) to remain effective until the advance payment has been fully set off as provided in the SC 6.3,
and (ii) to be in the form set forth in Appendix _____ hereto or in such other form as the Client shall have approved in writing.
(b) As soon as practicable and not later than fifteen (15) days after the end of each calendar month during the period of the Services,
the consulting firm(s) shall submit to the Client, in duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and other appropriate supporting materials, of the
amounts payable pursuant to Clauses SC 6.3 and 6.4 for such month. Separate monthly statements shall be submitted in respect of amounts payable in foreign currency and in local
currency. Each such separate monthly statement shall distinguish that portion of the total eligible costs which pertains
to the lumpsum component from that portion which pertains to the time-based component.
(c) The Client shall cause the payment of the consulting firm(s)’ monthly statements within sixty (60) days after the receipt by the
Client of such statements with supporting documents. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found
to exist between actual payment and costs authorised to be
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incurred by the consulting firm(s), the Client may add or subtract
the difference from any subsequent payments. (d) The final payment under this Clause shall be made only after the
final report and a final statement, identified as such, shall have been submitted by the consulting firm(s) and approved as satisfactory by the Client. The Services shall be deemed completed
and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory
ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90)-day period, gives written notice to the consulting firm(s) specifying
in detail deficiencies in the Services, the final report or final statement. The consulting firm(s) shall thereupon promptly make
any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with
this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the consulting firm(s) to the Client within thirty (30)
days after receipt by the consulting firm(s) of notice thereof. Any such claim by the Client for reimbursement must be made within
thirty-six (36) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above.
(e) All payments under this Contract shall be made to the accounts
of the Consulting Firm(s) specified in the SC.
8.2 Any dispute between the Parties as to matters arising pursuant to this Contract or its interpretation that cannot be settled amicably
within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement shall be referred for settlement
by a single arbitrator.
The arbitrator shall be agreed upon by the Parties within 30 days of the notification of a dispute by either party to the other and in default of agreement as to the single arbitrator the same shall be appointed
by the Chairman for the time being of the Nairobi Centre for International Arbitration (NCIA).
Every award made under this Clause shall be expressed to be made under the Arbitration Act 1995 or other Act or Acts for the time being in force in Kenya.
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II. GENERAL CONDITIONS OF CONTRACT
1.0 General Provisions
1.1
Definitions
Unless the context otherwise requires, the following
terms whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other
instruments having the force of law in Kenya.
(b) “Contract” means the Contract signed by the Parties,
to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause 2 of such signed Contract Agreement;
(c) “Contract Price” means the amount specified in the
Special Conditions of Contract [SC])
(d) “Effective Date” means the date on which this
Contract comes into force and effect pursuant to Clause GC 2.1;
(f) “Foreign Currency” means any currency other than the currency of the Republic of Kenya;
(f) “GC” means these General Conditions of Contract;
(g) “Government” means the Government of the Republic of Kenya;
(h) “Local Currency” means the currency of the Republic of Kenya;
(i) “Member,” in case the consulting firm(s) consist of a
joint venture or a consortium of more than one
entity, means any of these entities; and “Members” means all these entities;
(j) “Party” means the Client or the consulting firm(s), as the case may be, and “Parties” means both of them;
(k) “Personnel” means persons hired by the consulting
firm(s) or by any Subcontract or Sub-consultancy or
as employees and assigned to the performance of the Services or any part thereof;
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(l) “Foreign Personnel” means such persons who at the time of being so hired had their domicile outside
Kenya;
(m) “Local Personnel” means such persons who at the time of being so hired had their domicile inside Kenya; and
(n) “Key Personnel” means the Personnel referred to in
Clause GC 4.2(a);
(o) “SC” means the Special Conditions of Contract by
which the GC may be amended or supplemented; (p) “Services” means the work to be performed by the
consulting firm(s) pursuant to this Contract, as described in Appendix A hereto;
(q) “Sub-consulting firm(s)” or “Subcontractor” means
any person or entity to whom/which the consulting
firm(s) subcontracts or sub-consults any part of the Services in accordance with the provisions of Clause GC 3.7.
(r) “Third Party” means any person or entity other than
the Government, the Client, the consulting firm(s) or a Subcontractor and/or Sub-consulting firm(s).
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master and servant or of
principal and agent as between the Client and the consulting firm(s). The consulting firm(s), subject to this
Contract, has complete charge of Personnel and Subcontract/Sub-consulting firm(s), if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the
Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this Contract.
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1.5 Headings The headings shall not limit, alter or affect the meaning
of this Contract.
1.6 Notices 1.6.1 Any notice, request or consent required or
permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an
authorized representative of the Party to whom the communication is addressed, or when sent by
registered mail or facsimile to such Party at the address specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice
hereunder by giving the other Party notice of such
change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2.
1.7 Location The Services shall be performed at such locations as are
specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in Kenya or elsewhere, as the Client may
approve.
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1.8 Authority of member in
charge
In case the consulting firm(s) consists of a joint venture
or consortium of more than one entity, the members hereby authorize the entity specified in the Special
Conditions (SC) to act on their behalf and to make all official communication under this contract to the client and the main contact entity for the consulting firm(s),
including without limitation the receiving of instructions on behalf of the consulting firm(s), communicating any response on behalf of the consulting firm(s) and invoicing
the client in relation to all the consulting firm(s) members.
1.9 Authorized
Representatives
of the Consulting Firm(s)
Any action required or permitted to be taken, and any
document required or permitted to be executed, under this Contract by the Client or the CONSULTING FIRM(S)
may be taken or executed by the officials specified in the SC.
1.10 Consulting Firm(s) Taxes and Duties
Unless otherwise specified in the SC, the CONSULTING FIRM(S), Sub-CONSULTING FIRM(S) and Personnel shall
pay such Consulting Firm(s) taxes, duties, fees and other impositions as may be levied under the Applicable Law.
The Client shall withhold Consulting Firm(s) taxes from payments to the CONSULTING FIRM(S) where applicable and issue the CONSULTING FIRM(S) with withholding
Consulting Firm(s)x certificates. 2. Commencement, Completion, Modification and Termination of
Contract
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the
CONSULTING FIRM(S) instructing the CONSULTING FIRM(S) to begin carrying out the Services. This notice
shall confirm that the effectiveness conditions, if any, listed in the SC have been met.
2.2 Termination of Contract for Failure to Become
Effective
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If this Contract has not become effective within such time period after the date of the Contract signed by the Parties
as shall be specified in the SC, either Party may, by not less than four (4) weeks’ written notice to the other Party,
declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect
hereto.
2.3 Commencement
of Services
The CONSULTING FIRM(S) shall begin carrying out the Services at the end of such time period after the Effective
Date as shall be specified in the SC.
2.4 Expiration of
Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall terminate at the end of such
time period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or
representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any
statement, representation, promise or agreement not set forth herein.
2.6 Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services,
may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 hereof, however, each
Party shall give due consideration to any proposals for modification made by the other Party.
2.7 Force Majeure
2.7.1 Definition (a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s
performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances and includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party
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invoking Force Majeure to prevent), confiscation or any other action by government agencies.
(b) Force Majeure shall not include any event which is
caused by the negligence or intentional action of a Party or such Party’s Subcontract/Sub-CONSULTING FIRM(S) or agents or employees, or agents or
employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (a) Consulting Firm(s)ke into account at the time of the
conclusion of this Contract and (b) avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds
or failure to make any payment required hereunder.
2.7.2 No Breach of
Contract
The failure of a Party to fulfill any of its obligations under
the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the
Party affected by such an event (a) has Consulting Firm(s)ken all reasonable precautions, due care and reasonable alternative measures in order to carry out the
terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the
occurrence of such an event.
2.7.3 Measures to
be taken
(a) A Party affected by an event of Force Majeure shall
Consulting Firm(s)ke all reasonable measures to remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall
notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible. (c) The Parties shall Consulting Firm(s)ke all reasonable
measures to minimize the consequences of any event of Force Majeure.
2.7.4 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or Consulting Firm(s)sk,
shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
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2.7.5 Payment
Not later than thirty (30) days after the CONSULTING FIRM(S), as the result of an event of Force Majeure, have
become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in
the circumstances. In the event of Force Majeure, the CONSULTING FIRM(S) shall be entitled to be paid for any Services already performed or for any payments that are
already due to the CONSULTING FIRM(S).
2.8 Suspension
The Client may, by written notice of suspension to the CONSULTING FIRM(S), suspend all payments to the CONSULTING FIRM(S) hereunder if the CONSULTING
FIRM(S) fails to perform any of their obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the CONSULTING FIRM(S) to remedy such failure within a
period not exceeding thirty (30) days after receipt by the CONSULTING FIRM(S) of such notice of suspension.
2.9 Termination
2.9.1 By the Client The Client may, by not less than Thirty (30) days’ written notice of termination to the CONSULTING FIRM(S) (except as a result of any applicable law or regulation in which
case, termination shall occur immediately) terminate this Contract:
(a) if the CONSULTING FIRM(S) fails to remedy a failure in the performance of their obligations hereunder, as
specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such
further period as the Client may have subsequently approved in writing;
(b) if the CONSULTING FIRM(S) or any one of the
Members of the CONSULTING FIRM(S) becomes
insolvent or bankrupt; (c) if the CONSULTING FIRM(S) fails to comply with any
final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof;
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(d) if the CONSULTING FIRM(S) submits to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the CONSULTING FIRM(S)s know to be false;
(e) if, as the result of Force Majeure, the CONSULTING
FIRM(S) is unable to perform a material portion of the
Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
(g) If the CONSULTING FIRM(S), in the judgment of the
Client, has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. For the purpose of this clause:
“corrupt practice” means the offering, giving,
receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the
execution of a contract to the detriment of the borrower, and includes collusive practice among CONSULTING FIRM(S) (prior to or after submission
of proposals) designed to establish prices at artificial non-competitive levels and to deprive the borrower of the benefits of free and open competition.
2.9.2 By the
CONSULTING FIRM(S)
The CONSULTING FIRM(S) may, by not less than Sixty
(60) days’ written notice to the Client, (unless termination is required as a result of any applicable law or regulation in which case, termination shall occur immediately)
terminate this Contract:
(a) if the Client fails to pay any money due to the CONSULTING FIRM(S) pursuant to this Contract and not subject to dispute pursuant to Clause GC 8
hereof within Sixty (60) days after receiving written notice from the CONSULTING FIRM(S) that such payment is overdue; and
(b) if, as the result of Force Majeure, the CONSULTING
FIRM(S) are unable to perform a material portion of the Services for a period of not less than sixty (60) days.
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. 2.9.3 Cessation of
Rights and Obligations
Upon termination of this Contract pursuant to Clauses
GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of
confidentiality set forth in Clause GC 3.3 hereof, (iii) the CONSULTING FIRM(S)’s obligation to permit inspection, copying and auditing of their accounts and records set
forth in Clause GC 3.6(ii) hereof, and (iv) any right which a Party may have under the Applicable Law.
2.9.4 Cessation of
Services
Upon termination of this Contract by notice of either Party
to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the CONSULTING FIRM(S) shall, immediately
upon dispatch or receipt of such notice, Consulting Firm(s)ke all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make
every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the CONSULTING FIRM(S) and equipment
and materials furnished by the Client, the CONSULTING FIRM(S) shall proceed as provided, respectively, by
Clauses GC 3.9 or GC 3.10 hereof.
2.9.5 Payment
upon Termination
Upon termination of this Contract pursuant to Clauses
GC 2.9.1 or GC 2.9.2 hereof, the Client shall make the following payments to the CONSULTING FIRM(S):
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective
date of termination; and (b) in the case of termination pursuant to paragraphs
(b), (e) and (f) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the
prompt and orderly termination of the Contract.
2.9.6 Disputes
about Events of Termination
If either Party disputes whether an event specified in
paragraphs (a) through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination
from the other Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall
not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
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3. Obligations of the CONSULTING FIRM(S) 3.1 General
3.1.1 Standard of
Performance
The consulting firm(s) shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The consulting firm(s) shall always act, in
respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at
all times support and safeguard the Client’s legitimate interests in any dealings with Subcontract/Sub-consulting firm(s) or Third Parties.
3.1.2Law
Governing Services
The consulting firm(s) shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Subcontract/Sub-
consulting firm(s), as well as the Personnel of the consulting firm(s) and any Subcontract/Sub-consulting firm(s), comply with the Applicable Law.
3.2 Conflict of Interests
3.2.1 Consulting Firm(s) Not
to Benefit from Commission
s Discounts, etc.
The remuneration of the consulting firm(s) pursuant to Clause GC 6 hereof shall constitute the consulting
firm(s)’ sole remuneration in connection with this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the consulting firm(s) shall not accept for their
own benefit any trade commission, discount or similar payment (save for any placement fees) in connection with
activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the consulting firm(s) shall use their best efforts to ensure
that any Subcontract/Sub-consulting firm(s), as well as the Personnel and agents of either of them, similarly
shall not receive any such additional remuneration.
3.2.2
Procurement Rules of
Funding Agencies
If the consulting firm(s), as part of the Services, have the
responsibility of advising the Client on the procurement of goods, works or services, the consulting firm(s) shall
comply with any applicable procurement guidelines of the funding agency, as the case may be, and shall at all times exercise such responsibility in the best interest of
the Client. Any discounts or commissions obtained by the consulting firm(s) in the exercise of such
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procurement responsibility shall be for the account of the Client.
3.2.3
CONSULTING FIRM(S) and
Affiliates Not to Engage in Certain
Activities
The consulting firm(s) agree that, during the term of this
Contract and after its termination, the consulting firm(s) and any entity affiliated with the consulting firm(s), as well as any Subcontract/Sub-consulting firm(s) and any
entity affiliated with such Subcontract/Sub-consulting firm(s), shall be disqualified from providing goods, works or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services.
3.2.4Prohibition
of
Conflicting Activities
The consulting firm(s) shall not engage, and shall cause their Personnel as well as their Subcontract/Sub-
consulting firm(s) and their Personnel not to engage, either directly or indirectly, in any of the following
activities: (a) during the term of this Contract, any business or
professional activities in Kenya which would conflict with the activities assigned to them under this Contract; and
(b) after the termination of this Contract, such other
activities as may be specified in the SC.
3.3 Confidentiality
The consulting firm(s), its Subcontractor and/or Sub-consulting firm(s) and the Personnel of either of them shall not, either during the term or within two (2) years
after the expiration of this Contract, disclose any proprietary or confidential information relating to the
Services, this Contract or the Client’s business or operations without the prior written consent of the Client.
3.4 Liability of the
consulting firm(s)
Subject to additional provisions, if any, set forth in the
SC, the consulting firm(s)’ liability under this Contract shall be as provided by the Applicable Law.
3.5 Insurance to be taken Out by the consulting
firm(s)
The consulting firm(s) (i) shall take out and maintain, and shall cause any Subcontract/Sub-consulting firm(s)
to Consulting Firm(s)ke out and maintain, at their (or the Subcontract’s/Sub-consulting FIRM(S)’s, as the case
may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverages, as shall be specified in the SC, and (ii) at the
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Client’s request, shall provide evidence to the Client showing that such insurance has been Consulting
Firm(s)ken out and maintained and that the current premiums therefore have been paid.
3.6 Accounting,
Inspection and
Auditing
The consulting firm(s) (i) shall keep accurate and
systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time changes and costs, and the bases thereof (including such bases
as may be specifically referred to in the SC), and (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or
termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by
auditors appointed by the Client and (iii) shall permit the funding agency to inspect the consulting firm(s)’s accounts and records relating to the performance of the
consulting firm(s) and to have them audited by auditors approved by the Bank, if so required by the Bank.
3.7 CONSULTING FIRM(S)’s
Actions Requiring Client’s Prior
Approval
The consulting firm(s) shall obtain the Client’s prior
approval in writing before Consulting Firm(s)king any of the following actions:
(a) appointing such members of the Personnel not listed by name in Appendix C (“Key Personnel and Sub-consulting firm(s)s”); and
(b) entering into a subcontract/sub-consultancy for the
performance of any part of the Services, it being understood (i) that the selection of the Subcontract/Sub-consulting firm(s) and the terms
and conditions of the subcontract/sub-consultancy shall have been approved in writing by the Client
prior to the execution of the subcontract/sub-consultancy, and (ii) that the consulting firm(s) shall remain fully liable for the performance of the
Services by the Subcontract/Sub-consultancy and its Personnel pursuant to this Contract;
(d) any other action that may be specified in the SC.
3.8 Reporting
Obligations
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The consulting firm(s) shall submit to the Client the reports and documents specified in Appendix B hereto,
in the form, in the numbers and within the time periods set forth in the said Appendix.
3.9 Documents
Prepared by the
consulting firm(s) to be the Property of the
Client
All plans, drawings, specifications, designs, software,
reports, other documents and models prepared by the consulting firm(s) for the Client under this Contract shall become and remain the property of the Client, and the
consulting firm(s) shall, not later than upon termination or expiration of this Contract, deliver all such documents
to the Client, together with a detailed inventory thereof. 3.10 Equipment and
Materials
Furnished by the Client
Equipment and materials made available to the
consulting firm(s) by the Client, or purchased by the consulting firm(s) with funds provided by the Client,
shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the consulting firm(s) shall make available to
the Client an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Client’s instructions. While in
possession of such equipment and materials, the consulting firm(s), unless otherwise instructed by the
Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.
4. CONSULTING FIRM(S) PERSONNEL AND/SUB-CONSULTING FIRM(S)
4.1 General The consulting firm(s) shall employ and provide such
qualified and experienced Personnel and Subcontract/Sub-Consulting firm(s) as are required to
carry out the Services.
4.2 Persons in the
Service of Employer
The Consultant shall not recruit or attempt to recruit
staff and labour from amongst the Clients personnel
4.3 Labour Laws The Consultant shall comply with all local labour laws applicable to their personnel including Laws relating to
their employment, health, safety, welfare, immigration and shall allow them all their legal rights.
The Consultant shall, in all dealings with its personnel and personnel of its sub-consultants currently
employed or connected with the Contract, pay due regard to all recognized festivals, official Public
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Holidays, religious or other customs and all local laws and regulations pertaining to employment of personnel.
4.4 Rates of Remuneration, Wages and
Conditions of Labour
The Consultant shall pay rates of remuneration and
wages, and observe conditions of employment which are not lower than those established for the level of expertise or industry.
The Consultant shall inform its personnel about their liability to pay personal income taxes in the country in
respect of their salaries, wages and allowances as are chargeable under the Laws for the time being in force,
and the Consultant shall perform such duties in regards to such deductions thereof as may be imposed by the Laws.
4.5 Working Hours a) Normal Working Days shall be Monday to Friday, unless there is a Public Holiday.
b) Normal Working Hours shall be between 08:00Hr to
17:00Hr during normal working days. There shall be
a lunch break from 12:30Hr to 14:00Hr.
c) Saturday shall be considered as half-day working;
working hours on Saturday shall be between 08:00Hr to 13:00Hr.
d) There shall be no work on Public Holidays or Sundays unless the Work is unavoidable or necessary for protection of life and property or for
the safety of the facilities. 4.6 Description of
Personnel (a) The title, agreed job description, minimum
qualification, period of engagement and hourly
charge-out rates in the carrying out of the Services of each of the consulting firm(s)’ Key Personnel are
described in Appendix C. If any of the Key Personnel has already been approved by the Client, his/her name is listed as well.
(b) If additional work is required beyond the scope of
the Services specified in Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in
writing between the Client and the consulting firm(s), provided that any such increase shall not, except as otherwise agreed in writing, cause
payments under this Contract to exceed the ceilings set forth in Clause GC 6.1 of this Contract.
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4.7 Approval of Personnel
The Key Personnel and Subcontract/Sub-consultancy listed by title as well as by name in Appendix C are
hereby approved by the Client. In respect of other Key Personnel which the consulting firm(s) propose to use
in the carrying out of the Services, the consulting firm(s) shall submit to the Client for review and approval a copy of their biographical data and any other
such information the Client may reasonably require before giving the said approval.
4.8 Removal
and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for
any reason beyond the reasonable control of the consulting firm(s), it becomes necessary to replace any of the Personnel, the consulting firm(s) shall
forthwith provide as a replacement a person of equivalent or better qualifications.
(b) If the Client (i) finds that any of the personnel has
committed serious misconduct or has been
charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the
consulting firm(s) shall, at the Client’s written request specifying the grounds therefore, forthwith
provide as a replacement a person with qualifications and experience acceptable to the Client.
(c) the consulting firm(s) shall have no claim for
additional costs arising out of or incidental to any
replacement of personnel under this Contract.
4.9 Resident
Consulting
Firm(s)
The consulting firm(s) shall ensure that at all times during the consulting firm(s) performance of the Services in Kenya a resident Authorised
Representative, acceptable to the Client, shall take charge of the performance of such Services.
5. Obligations of the Client
5.1 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties
which increases or decreases the cost incurred by the consulting firm(s) in performing the Services, then the
remuneration and reimbursable expenses otherwise payable to the consulting firm(s) under this Contract shall be increased or decreased accordingly by
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agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling
amounts specified in Clause GC 6.1.
5.2 Services, Facilities and Property of the
Client
The Client shall make available to the consulting firm(s) and the Personnel, for the purposes of the Services the
services, facilities and property described in Appendix A.
5.3 Payment
In consideration for the Services performed by the consulting firm(s) under this Contract, the Client shall
make to the consulting firm(s) such payments and in such manner as is provided by Clause GC 6 of this Contract.
6. Payments to the consulting firm(s)
6.1
Remuneration
The consulting firm(s)’s total remuneration shall not exceed Contract Price.
The Contract Price may only be increased above the amounts stated in Clause 1.1 (c) if the Parties have agreed to additional payments in accordance with
Clause 4.2 (b).
6.2 Remuneration for Additional Services
For purposes of determining the remuneration due for additional services as may be agreed under Clause 4.2, a breakdown of the Contract Price is provided under
Appendix D.
6.3 Terms and
Conditions of Payments
Payments will be made to the account of the consulting
firm(s) and according to the payment schedule stated in the SC. Any other payment shall be made after the
conditions listed in the SC for such payment have been met and the consulting firm(s) has submitted an invoice to the Client specifying the amount due.
Where the Contract provides for an advance payment
to be made to the consulting firm(s), the consulting firm(s) shall deposit with the Client a bank guarantee in an amount equal to such advance payment to cover
the period of Contract or such other period as may be required by the Client to recover the value of such advance payment from the consulting firm(s).
7. Fairness and Good Faith
7.1 Good Faith
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The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt
all reasonable measures to ensure the realization of the objectives of this Contract.
7.2 Operation of
the Contract The Parties recognize that it is impractical in this
Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract
shall operate fairly as between them, and without detriment to the interest of either of them, and that, if
during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be
necessary to remove the cause or causes of such unfairness but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.
8. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this
Contract or the interpretation thereof.
8.2 Dispute
Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one
Party of the other Party’s request for such amicable settlement may be submitted by either Party for
settlement in accordance with the provisions specified in the SC.
II. Appendices
APPENDIX A – DESCRIPTION OF THE SERVICES
The description of the service is made up of the following:
Terms of Reference
Methodology
Schedules indicating activities and staff assignments in home office.
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APPENDIX B – REPORTING REQUIREMENTS
The Consultant shall prepare or cause the EPC Contractor to prepare and submit to KenGen the following documents and reports:
i. Monthly Progress Reports to be prepared in a format to be agreed with
the lending institutions and Employer and also availed in both soft copy and hard copy.
ii. Prepare and maintain a Combined plan of construction activities
(works) schedule in Oracle Primavera P6 Software based on critical
activities. (hard copy and soft copy). iii. Cause the EPC Works Contractors to prepare and maintain a
combined works schedule in Oracle Primavera P6 Software as required in the contract.
iv. Prepare Quarterly reports on Environmental Monitoring and
Management during Construction and submitted in soft copies
v. Cause the EPC Works Contractors to prepare and submit both hard
and soft copies of Operation and Maintenance Manuals (8 copies). vi. Cause the EPC Works Contractors to prepare and submit both hard
and soft copies of As-Built drawings (8 copies). One set of the As-Built Drawings hard copy to be submitted in transparencies.
vii. Cause the EPC Works Contractors to prepare and submit Project Completion Reports (5 copies)
viii. The Consultant shall assist KenGen to prepare various reports and
documents requested by the financiers and other stakeholders from
time to time.
ix. The Consultant shall incorporate the review comments from the
employer in all their comments on EPC Contractor’s design documents.
APPENDIX C– KEY PERSONNEL AND SUBCONSULTING FIRM(S)S
List under: C-1 Titles [and names, if already available], detailed job
descriptions and minimum qualifications of Key foreign Personnel to be assigned to work in the Government’s country, and staff-months for each.
C-2 Same information as C-1 for Key local Personnel.
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C-4 Same as C-1 for Key Personnel to be assigned to work outside the Government’s country.
C-4 List of approved Sub-consulting firm(s) (if already available);
same information with respect to their Personnel as in C-1 through C-4.
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Appendix D — Medical Certificate
Not Applicable
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APPENDIX E — Hours of Work for Key Personnel
List here the hours of work for Key Personnel; travel time to and from the country of the Republic of Kenya for foreign Personnel (Clause GC 4.4(a)); entitlement, if any, to overtime pay, sick leave pay, vacation leave pay, etc.
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APPENDIX F – SERVICES AND FACILITIES PROVIDED BY THE CLIENT Refer to Appendix A: Terms of Reference – Facilities and counterpart personnel to be provided
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APPENDIX G—COST ESTIMATES IN FOREIGN CURRENCY
List hereunder cost estimates in foreign currency: 1. (a) Monthly rates for foreign Personnel (Key Personnel and other
Personnel) (b) Monthly rates for local Personnel (Key Personnel and other
Personnel). Note: This should be added if local Personnel is also being paid in foreign currency.
2. Reimbursable expenditures
a) Per diem allowances. b) Air transport for foreign Personnel. c) Transport of personal effects. d) International communications. e) Printing of documents specified in Appendices A and B hereof. f) Acquisition of specified equipment and materials to be imported by the
CONSULTING FIRM(S) and to be paid for by the Client (including transportation to Kenya).
g) Other foreign currency expenditures, like use of computers, foreign training of Client’s staff, various tests, etc.
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APPENDIX H — Cost Estimates in Local Currency
List hereunder cost estimates in local currency: 1. Monthly rates for local Personnel (Key Personnel and other Personnel) 2. Reimbursable expenditures as follows:
(a) Per diem rates for subsistence allowance for foreign short-term Personnel, plus estimated totals.
(b) Living allowances for long-term foreign Personnel, plus estimated totals.
(c) Cost of local transportation. (d) Cost of local communication (e) Cost of other local services, rentals, utilities, etc.
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Appendix I — Form of Bank Guarantee for Advance Payments
Note: See Clause GC 6.4(a) and Clause SC 6.4(a). The Client should insert here an acceptable form of a bank guarantee. An example is set forth below. TO: [Name and Address of Client]
[Name of Contract for CONSULTING FIRM(S)’ Services]
Gentlemen: In accordance with the provisions of Clauses GC 6.4(a) and SC 6.4(a) of the above-
mentioned Contract (hereinafter called “the Contract”), [name and address of consulting
firm(s)] (hereinafter called “the consulting firm(s)”) shall deposit with [name of Client] a
bank guarantee to guarantee their proper and faithful performance under the said provisions of the Contract in an amount of [amount of Guarantee], [amount of Guarantee
in words].3
We, the [bank or financial institution], as instructed by the consulting firm(s), agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety
merely, the payment to [name of Client] on his first demand without whatsoever right of objection on our part and without his first claim to the consulting firm(s), in the
amount not exceeding [amount of Guarantee], [amount of Guarantee in words]. We further agree that no change or addition to or other modification of the terms
of the Contract which may be made between [name of Client] and the consulting firm(s), shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract until [name of Client] receives full repayment of the same amount from the consulting firm(s).
Yours truly,
Signature and Seal
Name of Bank/Financial Institution Address
Date
Section VII:
3 An amount is to be inserted by the bank or financial institution as specified in Clause SC 6.4(a).
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MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE
(Must be filled by all applicants or tenderers’ who choose to participate in this tender)
Name of Applicant (S)
………………………………………………………………………………………………………………………
.
You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever
applies to your type of business. Part 2 (d) to part 2(i) must be filled.
You are advised that giving wrong or false information on this Form will lead to automatic
disqualification / termination of your business proposal at your cost. Part 1 – General
Business
Name:……………………………………………………………………………..……………..…………..
Certificate of Incorporation / Registration No.
………………………………………………………………. Location of business premises: Country
…………………………………..……….…………….
Physical address …………………………….Town ………………………………….……………………….
Building……………………………… Floor…………………………………………………………….
Plot No. …………………………………………….Street / Road ……..………………….……………………
Posta)l Address …………………………………Postal / Country Code……………………………………. Telephone No’s ……………………………………………… Fax No’s. ……………………….………………
E-mail address
…………………………………………………………………………………………………………
Website ………………………………………………………………………………………
Contact Person (Full Names) …………………………… Direct / Mobile No’s. ………………..…
Title ……………………………………… Power of Attorney (Yes / No) If Yes, attach written document.
Nature of Business (Indicate whether manufacturer, distributor, etc) ………………..……….………..
(Applicable to Local suppliers only)
Local Authority Trading License No. …………………… Expiry Date
……………………………………..
Value Added Consulting Firm(s)x
No.…………………………………………….……………………………………………….
Value of the largest single assignment you have undertaken to date (US$/KShs) …………
Was this successfully undertaken? Yes / No. ………………………….(If Yes, attach reference) Name (s) of your banker (s)
………………………………………………………………………..……………..
Branches …………………………………………………………. Tel No’s. ……….………………………….
Part 2 (a) – Sole Proprietor
Full names ……..………………………………………..………………………………..………………………. Nationality ……………………………………………….. Country of Origin …………....…………………..
*Citizenship details
……………………………………………………………………..……..………………….
Company Profile ………………………. (Attach brochures or annual reports in case of public companies)
Part 2 (b) – Partnerships
Give details of partners as follows:
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Full Names Nationality Citizenship Details Shares
1. …………………………. ………………… …………………………. ……..…….
2. ………………………… ………………… …………………………. ………..…..
3.………………………… ………………… ………………………….. ………….…
Company Profile ……………………….(Attach brochures) Part 2 (c) – Registered Company Private or public …………………………………………….
Company Profile ……………………….(Attach brochures or annual reports in case of public
companies)
State the nominal and issued capital of the Company
Nominal KShs ……………………..…………………………. Issued KShs ………………………..………………………….
List of top ten (10) shareholders and distribution of shareholding in the company.
Give details of all directors as follows:-
Full Names Nationality Citizenship Details Shares
1.…………………………. ……………… …………………… ……….…….
2………………………… ………………… …………………. ……..…..…..
3………………………… ………………… ………………… ……..…..…..
Part 2 (d) – Debarment
I/We declare that I/We have not been debarred from any procurement process and shall not
engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen and any other public or private institutions.
Full Names
………………………………………………………………………………………………………………..
Signature ………………………………………………………………………………………………………….
Dated this …………………………………….……………day of
…………………………………………2009. In the capacity of
………………………………………………………………………………………………………
Duly authorized to sign Tender for and on behalf of …………………………………………………
Part 2 (e) – Criminal Offence
I/We, (Name (s) of Director (s)):-
a) ……………………………………………………………………….………..………………………
b) …………………………………………………………………………..….……….………………
c) ………………………………………………………………………………………………………
have not been convicted of any criminal offence relating to professional conduct or the making
of false statements or misrepresentations as to its qualifications to enter into a procurement
contract within a period of three (3) years preceding the commencement of procurement
proceedings. Signed
…………………………………………………………………………………………………………….…………
For and on behalf of M/s
…………………………………………………………………………………………..
In the capacity of …………………………………………………………………………………………………
Dated this ……………………………………………day of …………………………………………….2009. Suppliers’ / Company’s Official Rubber Stamp ………………………………………………………….
Part 2 (f) – Conflict of Interest
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I/We, the undersigned state that I / We have no conflict of interest in relation to this
procurement:
a) ……………………………………………………………………………………………………
b) ………………………………………………………………………………………………………
c) ………………………………………………………………………………………………………
d) …………………………………………………………………………………………………………
For and on behalf of M/s …………………………………………………………………………………..
In the capacity of ………………………………………………………………………………………………. Dated this ……………………………………………day of …………………………………………….2009
Suppliers’ / Company’s Official Rubber Stamp ………………………………………………………….
Part 2 (g) – Interest in the Firm:
Is there any person / persons in KenGen or any other public institution who has interest in the
Firm? Yes / No? ……………………….. (Delete as necessary) Institution ………………………….
……………………………………. ……………………………… ………………………
(Title) (Signature) (Date)
Part 2(h) – Experience Please list here below similar projects accomplished or companies / clients you have supplied
with similar items or equipments in the last two (2) years.
Company Name Country Contract/ Order No. Value
1.…………………………. ………………… ………………………. ……..…….
2. ………………………… ………………… …………………………. ………..…..
3.………………………… ……………… …………………………. ………..…..
Contact person (Full Names) ……………………………. E-mail address………………………….
Cell phone no …………………………. (Note: The person should be at the level of director)
*Attach proof of citizenship
* Attach certified copies of the following documents:
a) Certificate of Incorporation / Registration b) Consulting Firm(s)x Compliance Certificate (for local suppliers)
c) VAT Certificate (for local suppliers)
d) Audited Financial Statements / Accounts for the last two (2) years
e) Valid Local Authority / Trade License (for local suppliers)
f) The Power of Attorney)
*The above documents should be submitted if they are applicable to bidder.
Part 2(i) – Declaration
I / We, the undersigned state and declare that the above information is correct and that I / We
give Kenya Electricity Generating Company PLC authority to seek any other references
concerning my / our company from whatever sources deemed relevant, e.g. Office of the
Registrar of Companies, Bankers, etc. Full names
………………………………………………………………………………………………………………………….
Signature…………………………………………………………………………………………………….………
For and on behalf of M/s
…………………………………………………………………………………………..
In the capacity of ………………………………………………………………………………………………… Dated this ……………………………………………day of …………………………………………….2009.
Suppliers’ / Company’s Official Rubber Stamp ……………………………………………………………