kgn-hyd-029-2016 tender for design, supply ... for design, supply, installation, test and...
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Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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KENYA ELECTRICITY GENERATING COMPANY LIMITED
KGN-HYD-029-2016
TENDER FOR DESIGN, SUPPLY, INSTALLATION,
TEST AND COMMISSIONING OF DELUGE FIRE
PROTECTION SYSTEMS FOR GENERATOR
TRANSFORMERS AND STATION TRANSFORMERS IN
7 FORKS POWER STATIONS
Kenya Electricity Generating Company Limited
Stima Plaza Phase III, Kolobot Road, Parklands
P.O. BOX 47936-00100
NAIROBI.
Website: www.kengen.co.ke
OCTOBER 2016
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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TABLE OF CONTENTS
Section I Invitation for Tenders
Section II Instructions to Tenderers
Section III Tender Data Sheet
Section IV General Conditions of Contract
Section V Particular Conditions of Contract
Section VI Specifications
Section VII Drawings
Section VII Bill of Quantities
Section IX Standard Forms
Form of Tender
Appendix to Tender
Confidential Business Questionnaire
Integrity Declaration
Form of Contract Agreement
Section X Forms of Security
Tender Securing Declaration Form
Performance Bank or Insurance Guarantee
Advance Payment Guarantee
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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SECTION I: INVITATION FOR TENDERS (IFT)
The Company invites sealed tenders from eligible candidates for Design, Manufacture, Supply,
Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator
Transformers and Station Transformers in 7 Forks Power Stations whose specifications are
detailed in the Tender Documents.
Interested eligible candidates may obtain further information from, and inspect the Tender
Documents at the office of:
Supply Chain Director
Tel: (254) (020) 3666000
Email: [email protected];
A complete set of Tender Documents may be obtained by interested tenderers upon payment of a
non-refundable fee of KSHS. 1,000.00 (One Thousand Kenyan Shillings) and can also be
viewed and downloaded from the Company’s website http://www.kengen.co.ke. Tenderers who
download the document are not required to pay any charges but are advised to immediately
submit their details to the Supply Chain Manager for records.
They are also advised to be keen on the information the appendix to ITT and the special
conditions of the contract.
Tenders must be accompanied by a security of KSHS. 1,000,000.00 (One Million Kenyan
Shillings) as specified in the tender documents, and must be submitted in a plain sealed envelope
marked “Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire
Protection Systems for Generator Transformers and Station Transformers in 7 Forks
Power Stations” and delivered to:
Company Secretary & Legal Affairs Director
Kenya Electricity Generating Company Limited
10th Floor, KenGen Pension Plaza 2,
P O Box 47936 - 00100
NAIROBI, KENYA
Or be deposited in the tender box situated in the supply chain office on the ground floor, Stima
plaza, on or before: 1st December 2016 at 2.00 p.m.
Mandatory Site Visit: There will be a mandatory site visit on 17th November 2016 time 9.00
a.m. at Masinga Power Station and thereafter a Pre-bid conference.
Tenders will be opened on 1st December 2016 at 2.30 p.m. in the presence of the candidates’
representatives who choose to attend at Stima Plaza III, Executive Committee Room, 7th Floor.
The company reserves the right to vary the quantities.
SUPPLY CHAIN DIRECTOR
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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SECTION II
A. Introduction: INSTRUCTION TO TENDERERS
1. Scope of tender
1.1 The Procuring Entity indicated in the Tender Data
Sheet (TDS) invites Tenders for the construction of
works as specified in the Tender Data Sheet
1.2 The successful Tenderer will be expected to complete
the works by the completion date he/she has indicated.
1.3 The objectives of the works are listed in the
(Technical Specifications)
2. Eligible Tenderers 2.1 A Tenderer may be a natural person, private or public
company, government-owned institution, subject to
sub-Clause 3.4 or any combination of them with a
formal intent to enter into an agreement or under an
existing agreement in the form of a joint venture,
consortium, or association. In the case of a joint
venture, consortium, or association, all parties shall be
jointly and severally liable.
2.2 The Invitation for Tenders is open to all Contractors as
defined in the Public Procurement and Disposal Act,
2005 and the Public Procurement and Disposal
Regulations, 2006 except as provided hereinafter.
2.3 National Tenderers shall satisfy all relevant licensing
and/or registration with the appropriate statutory bodies
in Kenya, such as the Ministry of Public Works,
National Construction Authority or the Energy
Regulatory Commission.
2.4 A Tenderer shall not have a conflict of interest. All
Tenderers found to have a conflict of interest shall be
disqualified. A Tenderer may be considered to have a
conflict of interest with one or more parties in this
Tendering process, if they:
a) Are associated or have been associated in the past
directly or indirectly with employees or agents of
the Procuring Entity or a member of a board or
committee of the Procuring Entity;
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b) Are associated or have been associated in the past,
directly or indirectly with a firm or any of its
affiliates which have been engaged by the
Procuring Entity to provide consulting services for
the preparation of the design, specifications and
other documents to be used for the procurement of
the works under this Invitation for Tenders;
c) Have controlling shareholders in common; or
d) Receive or have received any direct or indirect
subsidy from any of them; or
e) Have the same legal representative for purposes of
this Tender; or
f) Have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or
influence on the Tender of another Tenderer, or
influence the decisions of the Procuring Entity
regarding this Tendering process; or
g) Submit more than one Tender in this Tendering
process. However, this does not limit the
participation of subcontractors in more than one
Tender, or as Tenderer and subcontractor
simultaneously.
2.5 A Tenderer will be considered to have a conflict of
interest if they participated as a consultant in the
preparation of the design or technical specification of
the project and related services that are the subject of
the Tender.
2.6 Tenderers shall not be under a declaration of
ineligibility for corrupt and fraudulent practices issued
by the Government of Kenya in accordance with TDS
and GCC
2.7 Government owned enterprises in Kenya may
participate only if they are legally and financially
autonomous, if they operate under commercial law, are
registered by the relevant registration board or
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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authorities and if they are not a dependent agency of
the Government.
2.7 Tenderers shall provide such evidence of their
continued eligibility satisfactory to the Procuring
Entity, as the Procuring Entity shall reasonably request.
3. One Tender per
Tenderer
3.1 A firm shall submit only one Tender, in the same
Tendering process, either individually as a Tenderer or
as a partner in a joint venture pursuant to ITT Clause 5.
3.2 No firm can be a subcontractor while submitting a
Tender individually or as a partner of a joint venture in
the same Tendering process.
3.3 A firm, if acting in the capacity of subcontractor in any
Tender, may participate in more than one Tender but
only in that capacity.
3.4 f
4. Alternative Tenders
by Tenderers
4.1 Tenderers shall submit offers that comply with the
requirements of the Tendering documents, including
the basic Tenderer’s technical design as indicated in
the specifications and Drawings and Bill of Quantities.
Alternatives will not be considered, unless specifically
allowed for in the Tender Data Sheet. If so allowed,
sub-Clause 4.2 and 4.3 shall govern.
4.2 When alternative times for completion are explicitly
invited, a statement to that effect will be included in the
Tender Data Sheet as will the method of evaluating
different times for completion.
4.3 If so allowed in the Tender Data Sheet, Tenderers
wishing to offer technical alternatives to the
requirements of the Tendering documents must also
submit a Tender that complies with the requirements of
the Tendering documents, including the basic technical
design as indicated in the specifications. In addition to
submitting the basic Tender, the Tenderer shall provide
all information necessary for a complete evaluation of
the alternative by the Procuring Entity, including
technical specifications, breakdown of prices, and other
relevant details. Only the technical alternatives, if any,
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of the lowest evaluated Tenderer conforming to the
basic technical requirements shall be considered by the
Procuring Entity.
5. Cost of Tendering 5.1 The Tenderer shall bear all costs associated with the
preparation and submission of its Tender, and the
Procuring Entity shall in no case be responsible or
liable for those costs, regardless of the conduct or
outcome of the Tendering process.
6. Site Visit and Pre-
Tender Meeting
6.1 The Tenderer, at the Tenderer’s own responsibility and
risk, is advised to visit and examine the Site of Works
and its surroundings and obtain all information that
may be necessary for preparing the Tender and
entering into a contract for construction of the Works.
The costs of visiting the Site shall be at the Tenderer’s
own expense.
6.2 The Procuring Entity may conduct a site visit and a
pre-Tender meeting. The purpose of the pre-Tender
meeting will be to clarify issues and to answer
questions on any matter that may be raised at that
stage.
6.3 The Tenderer’s designated representative is invited to
attend a site visit and pre-Tender meeting which, if
convened, will take place at the venue and time
stipulated in the Tender Data Sheet.
7.4 The Tenderer is requested as far as possible, to submit
any questions in writing or by electronic means to
reach the procuring Entity before the pre-Tender
meeting. It may not be practicable at the meeting to
answer all questions, but questions and responses will
be transmitted in accordance with sub-Clause 6.5.
6.5 Minutes of the pre-Tender meeting, including the text
of the questions raised and the responses given together
with any responses prepared after the pre-Tender
meeting will be transmitted within the time stated in
the Tender Data Sheet to all purchasers of the
Tendering documents. Any modification of the
Tendering documents listed in sub-Clause 8.1 that may
become necessary as a result of the pre-Tender meeting
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shall be made by the Procuring Entity exclusively
through the issue of an Addendum pursuant to ITT sub
Clause 10.2 and not through the minutes of the pre-
Tender meeting.
6.6 Non-attendance during the site visit or pre-Tender
meeting will not be a cause for disqualification of a
Tenderer unless specified to the contrary in the Tender
Data Sheet.
B. Tendering Documents
7 Content of Tendering
Documents
7.1 The works required, Tendering procedures, and
contract terms are prescribed in the Tendering
Documents. In addition to the Section I Invitation for
Tenders, Tendering documents which should be read in
conjunction with any addenda issued in accordance
with ITT sub Clause 9.2 include:
Section II Instructions to Tenderers
Section III Tender Data Sheet
Section IV General Conditions of Contract
Section V Contract Data Sheet
Section VI Specifications
Section VII Drawings
Section VIII Bill of Quantities
Section IX Forms of Tender
Form of Tender
Appendix to Tender
Confidential Business Questionnaire
Integrity Declaration
Letter of Acceptance
Form of Contract Agreement
Section X Forms of Security
Tender Securing Form
Performance Bank or Insurance Guarantee
Advance Payment Guarantee
7.2 The number of copies to be completed and returned
with the Tender is specified in the Tender Data Sheet.
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7.3 The Invitation for Tenders (Section I) issued by the
Procuring Entity is not part of the Tendering
Documents and isr included for reference purposes
only. In case of discrepancies between the Invitation
for Tenders and the Tendering Documents listed in
sub-Clause 7.1 above, the said Tendering Documents
will take precedence.
7.4 The Procuring Entity is not responsible for the
completeness of the Tendering Documents and their
addenda, if they were not obtained directly from the
authorized staff of the Procuring Entity.
7.5 The Tenderer is expected to examine all instructions,
forms, terms and specifications in the Tendering
documents. Failure to furnish all information required
by the Tendering Documents or to submit a Tender
substantially responsive to the Tendering documents in
every respect will be at the Tenderer’s risk and may
result in the rejection of its Tender.
8. Clarification of
Tendering
Documents
8.1 A prospective Tenderer requiring any clarification of
the Tendering documents may notify the Procuring
Entity in writing, e-mail or facsimile at the Procuring
Entity's address indicated in the Tender Data Sheet.
8.2 The Procuring Entity will within the period stated in
the Tender Data Sheet respond in writing to any
request for clarification provided that such request is
received no later than the period indicated in the
Tender Data Sheet prior to the deadline for the
submission of Tenders prescribed in sub-Clause 21.1.
8.3 Copies of the procuring entity's response will be
forwarded to all Purchasers of the Tendering
documents, including a description of the inquiry, but
without identifying its source.
8.4 Should the Procuring Entity deem it necessary to
amend the Tendering documents as a result of a
clarification, it shall do so following the procedure
under ITT Clause 9
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9. Amendments of the
Tendering
Documents
9.1 Before the deadline for submission of Tenders, the
Procuring Entity may, for any reason, whether at its
own initiative or in response to a clarification requested
by a prospective Tenderer, modify the Tendering
documents by issuing addenda.
9.2 Any addendum issued shall be part of the Tender
documents pursuant to sub-Clause 7.1 and shall be
communicated in writing, by e-mail or facsimile to all
who have obtained the Tendering documents directly
from the Procuring Entity.
9.3 In order to allow prospective Tenderers reasonable
time in which to take an addendum into account in
preparing their Tenders, the Procuring Entity at its
discretion shall extend, as necessary, the deadline for
submission of Tenders, in accordance with sub-Clause
21.2
C. Preparation of Tenders
10. Language of
Tender
10.1 The Tender, and all correspondence and documents
related to the Tender exchanged by the Tenderer and
the Procuring Entity shall be written in the Tender
language stipulated in the Tender Data Sheet.
Supporting documents and printed literature furnished
by the Tenderer may be in another language provided
they are accompanied by an accurate translation of the
relevant passages in the above stated language, in
which case, for purposes of interpretation of the
Tender, the translation shall prevail.
11. Documents
Constituting the
Tender
11.1 The Tender submitted by the Tenderer shall consist of
the following components:
a) The Form of Tender (in the format indicated in
Section IX) completed in accordance with ITT
Clause 14, 15 and 16;
b) Information requested by Instructions to Tenderers
ITT sub-Clause 12.2; 12.3 and 12.4;
c) Tender Securing Declaration in accordance with
Instructions to Tenderers ITT Clause 18;
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d) Priced Bill of Quantities;
e) Qualification Information Form and Documents;
f) Alternative offers where invited in accordance with
Instructions to Tenderers ITT Clause 4;
g) Written confirmation authorizing the signatory of
the Tender to commit the Tenderer in accordance
with Instructions to Tenderers ITT sub Clause 18.2;
and
h) And any information or other materials required to
be completed and submitted by Tenderers, as
specified in the Tender Data Sheet.
12. Documents
Establishing
Eligibility and
Qualifications
of the
Tenderer
12.1 Pursuant to ITT Clause 12, the Tenderer shall furnish,
as part of its Tender, documents establishing the
Tenderer’s eligibility to Tender and its qualifications to
perform the contract if its Tender is accepted.
12.2 In the event that pre-qualification of potential
Tenderers has been undertaken, only Tenders from pre-
qualified Tenderers will be considered for award of
contract. These qualified Tenderers should submit their
Tenders with any information updating the original
pre-qualification applications or, alternatively, confirm
in their Tenders that the originally submitted pre-
qualification information remains essentially correct as
of the date of Tender submission. The update or
confirmation should be provided in Section IX.
12.3 If the Procuring Entity has not undertaken pre-
qualification of potential Tenderers, to qualify for
award of the contract, Tenderers shall meet the
minimum qualifying criteria specified in the Tender
Data Sheet:
12.4 Tenders submitted by a joint venture of two or more
firms as partners shall comply with the following
requirements, unless otherwise stated in the Tender
Data Sheet:
a) The Tender shall include all the information listed in
the Tender Data Sheet pursuant to sub-Clause 12.3
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above for each joint venture partner;
b) The Tender shall be signed so as to be legally
binding on all partners;
c) One of the partners will be nominated as being in
charge, and this authorization shall be evidenced by
submittying a power of attorney signed by legally
authorized signatories of all the partners;
d) The partner in charge shall be authorized to incur
liabilities and receive instructions for and on behalf
of any and all partners of a joint venture and the
entire execution of the Contract, including payment,
shall be done exclusively with the partner in charge;
e) All partners of the joint venture shall be liable
jointly and severally for the execution of the
contract in accordance with the contract terms and a
statement to this effect shall be included in the
authorization mentioned under (c) above as well as
in the Tender and in the Agreement (in case of a
successful Tender); and
f) A copy of the joint venture agreement entered into
by all partner shall be submitted with the Tender.
Alternatively, a Letter of Intent to execute a joint
venture agreement in the event of a successful
Tender shall be signed by all partners and submitted
with the Tender, together with a copy of the
proposed Agreement.
g) Tender Securing Declaration as stated in accordance
with ITT Clause 18, and in case of a successful
Tender, the Agreement, shall be signed so as to be
legally binding on all partners.
13. Lots Package 13.1 When Tendering for more than one contract under the
lots arrangements, the Tenderer must provide evidence
that it meets or exceeds the sum of all the individual
requirements for the lots being tendered in regard to:
a) Average annual turnover;
b) Particular experience including key production
rates;
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c) Financial means, etc;
d) Personnel capabilities; and
e) Equipment capabilities.
13.2 In case the Tenderer fail to fully meet any of these
criteria, it may be qualified only for those lots for
which the Tenderer meets the above requirement.
14. Form of
Tender
14.1 The Tenderer shall fill the Form of Tender furnished in
the Tendering Documents. The Form of Tender must
be completed without any alterations to its format and
no substitute shall be accepted.
15. Tender Prices 15.1 The Contract shall be for the whole Works, as
described in sub-Clause 1.1, based on the priced Bill of
Quantities submitted by the Tenderer.
15.2 The Tenderer shall fill in rates and prices for all items
of the Works described in the Bill of Quantities. Items
for which no rate or price is entered by the Tenderer
will not be paid for by the Procuring Entity when
executed and shall be deemed covered by the other
rates and prices in the Bill of quantities.
15.3 All duties, taxes and other levies payable by the
Contractor under the Contract, or for any other cause,
as of the date 15 days prior to the deadline for
submission of Tenders, shall be included in the rates,
prices and total Tender price submitted by the
Tenderer.
15.4 The rates and prices quoted by the Tenderer shall be
subject to adjustment during the performance of the
Contract if provided for in the Tender Data Sheet and
the provisions of the Conditions of Contract. The
Tenderer shall submit with the Tender all the
information required under the Contract Data Sheet.
16. Tender
Currencies
16.1 The unit rates and prices shall be quoted by the
Tenderer in the currency as specified in the Tender
Data Sheet.
16.2 Tenderers shall indicate details of their expected
foreign currency requirements in the Tender, if any.
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The rates of exchange to be used by the Tenderers in
arriving at the local currency equivalent shall be the
selling rates for similar transactions established by the
authority specified in the Tender Data Sheet
prevailing on the date 28 days prior to the latest
deadline for submission of Tenders. These exchange
rates shall apply for all payments so that no exchange
risk will be borne by the Tenderer. In any case,
payments will be computed using the rates quoted in
the Tender.
16.3 Tenderers may be required by the Procuring Entity to
clarify their foreign currency requirements and to
substantiate that the amounts included in the rates and
prices and in the Contract Data Sheet are reasonable
and responsive to sub-Clause 16.1.
17.Tender
Validity
Period
17.1 Tenders shall remain valid for the period specified in
the Tender Data Sheet after the Tender submission
deadline prescribed by the Procuring Entity, pursuant
to ITT Clause 21. A Tender valid for a shorter period
shall be rejected by the Procuring Entity as non
responsive.
17.2 In exceptional circumstances, prior to expiry of the
original Tender validity period, the Procuring Entity
may request that the Tenderers extend the period of
validity for a specified additional period. The request
and the Tenderers' responses shall be made in writing
or by cable. A Tenderer may refuse the request without
forfeiting its Tender Security or causing to be executed
its Tender Securing declaration. A Tenderer agreeing to
the request will not be required or permitted to
otherwise modify the Tender, but will be required to
extend the validity of its Tender Security or Tender
Securing declaration for the period of the extension,
and in compliance with ITT Clause 18 in all respects.
17.3 In the case of fixed price contracts, if the award is
delayed by a period exceeding sixty (60) days beyond
the expiry of the initial Tender validity period, the
contract price will be increased by a factor specified in
the request for extension. The Tender evaluation shall
be based on the Tender price without taking into
consideration on the above correction.
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18. Tender
Security
18.1 Pursuant to ITT Clause 11, where required in the
Tender Data Sheet, the Tenderer shall furnish as part
of its Tender, a Tender Security in original form and in
the amount and currency specified in the Tender Data
Sheet.
18.2 The Tender Security or Tender Securing Declaration is
required to protect the Procuring Entity against the risk
of Tenderer’s conduct which would warrant the
security’s forfeiture, pursuant to ITT sub-Clause 18.9.
18.3 The Tender Security shall be denominated in the
currency of the Tender and shall be in one of the
following forms:
a) Cash;
b) A Bank Guarantee;
c) An Insurance Bond issued by an insurance firm
approved by the PPOA located in Kenya;
d) An irrevocable letter of credit issued by a reputable
bank.
18.4 The Tender Security shall be in accordance with the
Form of the Tender Security included in Section X or
another form approved by the Procuring Entity prior to
the Tender submission.
18.5 The Tender Security shall be payable promptly upon
written demand by the Procuring Entity in case any of
the conditions listed in sub-Clause 18.8 are invoked.
18.6 Any Tender not accompanied by a Tender Security in
accordance with sub-Clauses 18.1 or 18.3 shall be
rejected by the Procuring Entity as non-responsive,
pursuant to ITT Clause 27.
18.7 The Procuring Entity shall immediately release any
Tender Security if:
a) The procuring proceedings are terminated;
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b) The Procuring Entity determines that none of the
submitted Tenders is responsive;
c) A contract for the procurement is entered into.
19.8 The Tender Security shall be forfeited if the Tenderer:
a) Withdraws its Tender after the deadline for
submitting Tenders but before the expiry of the
period during which Tenders must remain valid;
b) Rejects a correction of an arithmetic error pursuant
to sub-Clause 28.2;
c) Refuse to enter into a written contract in accordance
with ITT Clause 39;
d) Fails to furnish the Performance Security in
accordance with ITT Clause 40.
18.9 The Tender Security of a joint venture must be in the
name of the joint venture submitting the Tender.
18.10 A Tenderer shall be suspended from being eligible for
Tendering in any contract with the Procuring Entity for
the period of time indicated
a) If the Tenderer withdraws its Tender, except as
provided in ITT sub-Clauses 17.2 and 28.2; or
b) In the case of a successful Tenderer, if the Tenderer
fails within the specified time limit to:
(i) Sign the contract; or
(ii) Furnish the required Performance Security.
19. Format and
Signing of
Tender
19.1 The Tenderer shall prepare one original of the
documents comprising the Tender as described in ITT
Clause 11 of these Instructions to Tenderers, with the
Form of Tender, and clearly marked “ORIGINAL”.
In addition, the Tenderer shall submit copies of the
Tender, in the number specified in the Tender Data
Sheet, and clearly marked as “COPIES”. In the event
of discrepancy between them, the original shall prevail.
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D. Submission of Tenders
20. Sealing
and Marking
of Tenders
20.1 The Tenderer shall seal the original and each copy of the Tender
in separate envelopes, duly marking the envelopes as
“ORIGINAL” and “COPY”. The envelopes shall then be
sealed in an outer envelope securely sealed in such a manner
that opening and resealing cannot be achieved undetected.
20.2 The inner and outer envelopes shall:
a) Be addressed to the Procuring Entity at the address given in
the Tender Data Sheet; and
b) Bear the Project name indicated in the Tender Data Sheet,
the Invitation for Tenders (IFT) title and number indicated in
the Tender Data Sheet, and a statement: “DO NOT OPEN
BEFORE,” to be completed with the time and the date
specified in the Tender Data Sheet, pursuant to ITT sub-
Clause 21.1.
20.3 In addition to the identification required in sub-Clause 20.2, the
19.2 The original and all copies of the Tenders shall be
typed or written in indelible ink and shall be signed by
a person or persons duly authorized to sign on behalf of
the Tenderer. This authorization shall consist of a
written confirmation as specified in the Tender Data
Sheet and shall be attached to the Tender. The name
and position held by each person signing the
authorization must be typed or printed below the
signature. All pages of the Tender, except for un-
amended printed literature, shall be initialled by the
person or persons signing the Tender.
19.3 Any interlineations, erasures, or overwriting shall be
valid only if they are initialled by the person or persons
signing the Tender.
19.4 The Tenderer shall furnish information as described in
the Form of Tender on commissions or gratuities, if
any, paid or to be paid to agents relating to this Tender
and to contract execution if the Tenderer is awarded the
contract
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inner envelopes shall also indicate the name and address of the
Tenderer to enable the Tender be returned unopened in case it is
declared late, pursuant to sub-Clause 21.1 and for matching
purpose under ITT Clause 22
20.4 If the outer envelope is not sealed and marked as required by
ITT sub clause 20.2, the Procuring Entity shall assume no
responsibility for misplacement or premature opening of the
Tender.
21. Deadline for
Submission
of Tenders
21.1 Tenders shall be received by the Procuring Entity at the address
specified under ITT sub-Clause 20.2 no later than the date and
time specified in the Tender Data Sheet.
21.2 The Procuring Entity may, in exceptional circumstances and at
its discretion, extend the deadline for the submission of Tenders
by amending the Tendering documents in accordance with ITT
Clause 8, in which case all rights and obligations of the
Procuring Entity and Tenderers previously subject to the
deadline will thereafter be subject to the new deadline.
21.3 The extension of the deadline for submission of Tenders shall
not be made later than the period specified in the Tender Data
Sheet before the expiry of the original deadline.
22. Late Tenders 22.1 The Procuring Entity shall not consider for evaluation any
Tender that arrives after the deadline for submission of Tenders,
in accordance with ITT Clause 21.
22.2 Any Tender received by the Procuring Entity after the deadline
for submission of Tenders shall be declared late, rejected and
returned unopened to the Tenderer
23. Modification,
Substitution
and
Withdrawal
of Tenders
23.1 A Tenderer may modify or substitute or withdraw its Tender
after it has been submitted, provided that written notice of the
modification, including substitution or withdrawal of the
Tender, is received by the Procuring Entity prior to the deadline
prescribed for submission of Tenders prescribed under ITT sub-
Clause 21.1.
23.2 The Tenderer’s modification or substitution or withdrawal
notice shall be prepared, sealed, marked, and dispatched in
accordance with the provisions of ITT Clauses 19 and 20 with
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the outer and inner envelopes additionally marked
“MODIFICATION” or SUBSTITUTION or
“WITHDRAWAL” as appropriate. The notice may also be sent
by electronic mail and facsimile, but followed by a signed
confirmation copy, postmarked not later than the deadline for
submission of Tenders.
23.3 No Tender may be withdrawn, replaced or modified in the
interval between the deadline for submission of Tenders and the
expiration of the period of Tender validity specified by the
Tenderer on the Tender Form. Withdrawal of a Tender during
this interval shall result in the Tenderer’s forfeiture of its Tender
Security or execution of Tender Securing Declaration, pursuant
to the ITT sub-Clause 18.9.
23.4 Withdrawal of a Tender between the deadline for submission of
Tenders and the expiration of the period of Tender validity
specified in the Tender Data Sheet or as extended pursuant to
sub-Clause 21.2 shall result in the forfeiture of the Tender
Security and execution of Tender Securing Declaration pursuant
to ITT sub-Clause 18.9.
23.5 Tenderers may only offer discounts to, or otherwise modify the
prices of their Tenders by submitting Tender modifications in
accordance with this Clause, or included in the original Tender
submission.
E. Opening and Evaluation of Tenders
24. Opening of
Tenders
24.1 The Procuring Entity will open all Tenders including
modifications, substitution or withdraw notices made
pursuant to ITT Clause 23, in public, in the presence of
Tenderers or their representatives who choose to attend
and other parties with legitimate interest and Tender
proceedings, at the place on the date and at time
specified in the Tender Data Sheet. The Tenderers’
representatives who are present shall sign a register as
proof of their attendance.
24.2 Envelopes marked “WITHDRAWAL” shall be
opened and read out first. Tenders for which an
acceptable notice of withdrawal has been submitted
pursuant to ITT Clause 23 shall not be opened but
returned to the Tenderer. If the withdrawal envelope
does not contain a copy of the “Power of Attorney”
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confirming the signature as a person duly authorized to
sign on behalfee of the Tenderer, the corresponding
Tender will be opened. Subsequently, all envelopes
marked "MODIFICATION" shall be opened and the
submissions therein read out in appropriate detail.
Thereafter all envelopes marked or
"SUBSTITUTION" opened and the submissions
therein read out in appropriate detail.
24.3 All other envelopes shall be opened one at a time. The
Tenderers' names, the Tender prices, the total amount
of each Tender and of any alternative Tender (if
alternatives have been requested or permitted), any
discounts, the presence or absence of Tender security,
and such other details as the appropriate tender opening
committee may consider appropriate, will be
announced by the Secretary of the Tender Opening
Committee at the opening.
24.4 Tenders or modifications that are not opened and not
read out at Tender opening shall not be considered
further for evaluation, irrespective of the
circumstances. In particular, any discount offered by a
Tenderer which is not read out at Tender opening shall
not be considered further.
24.5 Tenderers are advised to send in a representative with
the knowledge of the content of the Tender who shall
verify the information read out from the submitted
documents. Failure to send a representative or to point
out any un-read information by the sent Tenderer’s
representative shall indemnify the Procuring Entity
against any claim or failure to read out the correct
information contained in the Tenderer’s Tender.
24.6 No Tender will be rejected at Tender opening except
for late Tenders which will be returned unopened to the
Tenderer, pursuant to ITT Clause 22.
24.7 The Secretary of the appropriate tender opening
committee shall prepare minutes of the Tender
opening. The record of the Tender opening shall
include, as a minimum: the name of the Tenderers and
whether or not there is a withdrawal, substitution or
modification, the Tender price per Lot if applicable,
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including any discounts and alternative offers and the
presence or absence of a Tender Security
24.8 The Tenderers’ representatives who are present shall be
requested to sign the record. The omission of a
Tenderer’s signature on the record shall not invalidate
the contents and affect the record.
24.9 A copy of the minutes of the Tender opening shall be
furnished to individual Tenderers upon request.
25. Confidentiality 25.1 Information relating to the examination, clarification,
evaluation, and comparison of Tenders and
recommendations for the award of a Contract shall not
be disclosed to Tenderers or any other persons not
officially concerned with such process until the award
to the successful Tenderer has been announced.
25.2 Any effort by a Tenderer to influence the Procuring
Entity’s processing of Tenders or award decisions may
result in the rejection of his Tender.
25.3 Notwithstanding sub-Clause 25.2, from the time of
Tender opening to the time of Contract award, if any
Tenderer wishes to contact the Procuring Entity on any
matter related to the Tendering process, it should do so
in writing.
26. Clarification of
Tenders
26.1 To assist in the examination, evaluation, comparison of
Tenders and post-qualification of the Tenderer, the
Procuring Entity may, at its discretion, ask a Tenderer
for clarification of its Tender including breakdown of
prices. Any clarification submitted by a Tenderer that
is not in response to a request by the Procuring Entity
shall not be considered.
26.2 The request for clarification and the response shall be
in writing. No change in the prices or substance of the
Tender shall be sought, offered, or permitted except to
confirm the correction of arithmetic errors discovered
by the Procuring Entity in the evaluation of Tenders in
accordance with ITT Clause 27.
26.3 From the time of Tender opening to the time of
Contract award if any Tenderer wishes to contact the
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Procuring Entity on any matter related to the Tender it
should do so in writing.
27. Preliminary
Examination of
Tenders
27.1 Prior to the detailed evaluation of Tenders, the
Procuring Entity will determine whether:
a) The Tender has been submitted in the required
format;
b) Any Tender Security submitted is in the required
form, amount and validity period;
c) The Tender has been signed by the person lawfully
authorized to do so;
d) The required number of copies of the Tender have
been submitted;
e) The Tender is valid for the period required;
f) All required documents and information have been
submitted; and
g) Any required samples have been submitted.
27.2 The Procuring Entity will confirm that the documents
and information specified under ITT Clause 11 and ITT
Clause 12 have been provided in the Tender. If any of
these documents or information is missing, or is not
provided in accordance with the Instructions to
Tenderers, the Tender shall be rejected. The
evaluation shall be carried out in three phases
comprising compliance to preliminary or general
requirements, compliance to technical specifications
and financial evaluation. Tenderers deemed to be non-
compliant to preliminary or general requirements shall
be disqualified henceforth and their bid not subjected to
the second phase of evaluation of compliance to
Technical Specifications. Similarly, tenderers whose
bids shall be deemed to be non-compliant to Technical
Specifications shall be disqualified at that stage and
their bids not subjected to the final phase of financial
evaluation. Bids established to be compliant to both
Preliminary or General Requirements shall be
subjected to financial evaluation and tender awarded to
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the lowest evaluated bidder. Apart from the
requirements captured in Section 27.0, some of the
Preliminary or General Requirements are captured in
Sections IX (A-I) and Section X.
27.3 The Procuring Entity may waive any minor
informality, nonconformity, or irregularity in a Tender
which does not constitute a material deviation,
provided such waiver does not prejudice or affect the
relative ranking of any Tenderer.
27.4 A substantially responsive Tender is one which
conforms to all the terms, conditions, and
specifications of the Tendering documents, without
material deviation or reservation. A material deviation
or reservation is one that:
a) Affects in any substantial way the scope, quality, or
execution of the Works;
b) Limits in any substantial way, inconsistent with the
Tendering documents, the Procuring Entity's rights
or the Tenderer’s obligations under the Contract; or
c) If rectified, would affect unfairly the competitive
position of other Tenderers presenting substantially
responsive Tenders.
27.5 If a Tender is not substantially responsive, it will be
rejected by the Procuring Entity, and may not
subsequently be made responsive by correction or
withdrawal of the non-conforming deviation or
reservation.
28. Correction of
Errors
28.1 Tenders determined to be substantially responsive will
be checked by the Procuring Entity for any arithmetic
errors. Errors will be corrected by the Procuring Entity
as follows:
a) If there is a discrepancy between unit prices and the
total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail, and
the total price shall be corrected, unless in the
opinion of the Procuring Entity there is an obvious
misplacement of the decimal point in the unit price,
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in which the total price as quoted shall govern and
the unit price shall be corrected;
b) If there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals
shall prevail and the total shall be corrected; and
c) Where there is a discrepancy between the amounts
in figures and in words, the amount in words will
govern.
28.2 The amount stated in the Tender will be adjusted by the
Procuring Entity in accordance with the above
procedure for the correction of errors and, with, the
concurrence of the Tenderer, shall be considered as
binding upon the Tenderer. If the Tenderer does not
accept the corrected amount, its Tender will then be
rejected, and the Tender Security may be forfeited and
the Tender Securing Declaration may be executed in
accordance with sub-Clause 18.9.
29. Conversion to
Single
Currency
29.1 To facilitate the evaluation and comparison, the
Procuring Entity will convert all Tender prices
expressed in the amounts in various currencies in
which the Tender prices are payable to Kenya Shillings
at the selling exchange rate established for similar
transactions by the Central Bank of Kenya ruling on
the date specified in the Tender Data Sheet.
30. Comparison of
Tenders
30.1 The Procuring Entity shall evaluate and compare only
the Tenders determined to be substantially responsive
in accordance with ITT Clause 27.
30.2 In evaluating the Tenders, the Procuring Entity will
determine for each Tender the evaluated Tender price
by adjusting the Tender price as follows:
Making any correction for errors pursuant to ITT
Clause 28;
Excluding provisional sums and the provision, if any
for contingencies in the Bill of Quantities, but
including Day work , where priced competitively ; and
Making appropriate adjustments to reflect discounts or
other price modifications offered in accordance with
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sub-Clause 23.5.
30.3 The Procuring Entity may waive any minor informality
or non-conformity, which does not constitute a material
deviation, provided such waiver does not prejudice or
affect the relative standing of any Tenderer.
Variations, deviations, and alternative offers and other
factors, which are in excess of the requirements of the
Tendering documents or otherwise result in unsolicited
benefits for the Procuring Entity will not be taken into
account in Tender evaluation.
31. National
Preference
31.1 In the evaluation of Tenders the Procuring Entity shall
apply exclusive preference to citizens of Kenya where:
a) The funding is 100% from the Government of
Kenya or a Kenyan body;
b) The amounts are below the prescribed threshold in
the Tender Data Sheet
31.2 To qualify for the preference the candidate shall
provide evidence of eligibility by:
a) Proving Kenyan citizenship by production of a
Kenyan Identity Card; or
b) Providing proof of being a “citizen contractor” in
terms of section 3(1) of the Act, i.e. being a natural
person or an incorporated company wholly owned
and controlled by persons who are citizens of
Kenya.
c) Foreign successful bidder must incorporate a mix of
local expertise either through subcontracting, or
technical expertise
31.3 The Minister of Finance may prescribe additional
preference and/or reservation schemes, for example for
procurements above these thresholds. If such
additional preference schemes apply, details will be
given in the Tender Data Sheet.
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32. Determination
of the Lowest
Evaluated
Tender
32.1 The Tender with the lowest evaluated price from
among those which are eligible, compliant and
substantially responsive shall be the lowest evaluated
Tender.
33. Post-
Qualification of
Tenderer
33.1 If specified in the Tender Data Sheet, post-
qualification shall be undertaken.
33.2 The Procuring Entity will determine to its satisfaction
whether the Tenderer that is selected as having
submitted the lowest evaluated responsive Tender is
qualified to perform the contract satisfactorily, in
accordance with the criteria listed in sub-Clause 12.3.
33.3 The determination will take into account the Tenderer’s
financial, technical, and production capabilities. It will
be based upon an examination of the documentary
evidence of the Tenderer’s qualifications submitted by
the Tenderer, pursuant to sub-Clause 12.3, as well as
such other information as the Procuring Entity deems
necessary and appropriate. Factors not included in
these Tendering documents shall not be used in the
evaluation of the Tenderer’s qualifications.
33..4 An affirmative determination will be a prerequisite for
award of the contract to the Tenderer. A negative
determination will result in rejection of the Tenderer’s
Tender, in which event the Procuring Entity will
proceed to the next lowest evaluated Tender to make a
similar determination of that Tenderer’s capabilities to
perform satisfactorily.
F. Award of Contract
34. Criteria of Award 34.1 Subject to ITT Clause 34 and 35, the Procuring Entity will
award the Contract to the Tenderer whose Tender has
been determined to be substantially responsive to the
Tendering documents and who has offered the lowest
Evaluated Tender Price, provided that such Tenderer has
been determined to be:
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a) Eligible in accordance with the provisions of ITT
Clause 2;
b) Is determined to be qualified to perform the Contract
satisfactorily;
c) Successful negotiations have been concluded.
35.2 If, pursuant to sub-Clause 13.1, this Contract is being
awarded on a “lot and package” basis, the lowest
evaluated Tender price will be determined when
evaluating this Contract in conjunction with other
Contracts to be awarded concurrently, taking into account
any discounts offered by the Tenderer for award of more
than one Contract.
35. Clarifications 35.1 Clarifications may be undertaken with the lowest
evaluated Tenderer relating to the following areas:
a) A minor alteration to the technical details of the
statement of requirements;
b) Reduction of quantities for budgetary reasons, where
the reduction is in excess of any provided for in the
Tendering documents;
c) A minor amendment to the Contract Data Sheet;
d) Finalizing payment arrangements;
e) Mobilization arrangements;
f) Agreeing final delivery or work schedule to
accommodate any changes required by the Procuring
Entity;
g) The methodology or staffing; or
h) Clarifying details that were not apparent or could not
be finalized at the time of Tendering.
35.2 Clarifications shall not change the substance of the tender.
36. Procuring Entity’s Right to
Accept any Tender and to
36.1 Notwithstanding ITT Clause 34, the Procuring Entity
reserves the right to accept or reject any Tender, and to
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Reject any or all Tenders cancel the Tendering process and reject all Tenders, at
any time prior to the award of Contract, without thereby
incurring any liability to the affected Tenderer or
Tenderers.
36.2 Notice of the rejection of all Tenders shall be given
promptly within 14 days to all Contractors that have
submitted Tenders.
36.3 The Procuring Entity shall upon request communicate to
any Tenderer the grounds for its rejection of its Tenders,
but is not required to justify those grounds.
37 Procuring Entities Right to
Vary Quantities at the Time
of Award
37.1 The Procuring Entity reserves the right at the time of
contract award to increase or decrease the quantity of
goods or related services originally specified in these
Tendering documents (schedule of requirements)
provided this does not exceed by the percentage indicated
in the Tender Data Sheet, without any change in unit
price or other terms and conditions of the Tender and
Tendering documents.
38. Notification of Award 38.1 The Tenderer whose Tender has been accepted will be
notified of the award by the Procuring Entity prior to
expiration of the Tender validity period by e-mail or
facsimile confirmed by registered letter. This letter
(hereinafter and in the Conditions of Contract called the
"Letter of Acceptance") will state the sum that the
Procuring Entity will pay the Contractor in consideration
of the provision and maintenance of the Work(s) as
prescribed by the Contract (hereinafter and in the Contract
called the “Contract Price”).
38.2 The notification of award will constitute the formation of
the Contract, subject to the Tenderer furnishing the
Performance Security in accordance with ITT Clause 39
and signing the Contract in accordance with sub-Clause
38.2
38.3 At the same time as the person submitting the successful
Tender is notified, the Procuring Entity will notify each
unsuccessful Tenderer, the name of the successful
Tenderer and the Contract amount and will discharge the
Tender Security and Tender Securing Declaration of the
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Tenderer pursuant to ITT sub Clause 18.7.
38.4 If, after notification of award, a Tenderer wishes to
ascertain the grounds on which it’s Tender or application
for pre-qualification was unsuccessful, it should address
its request to the secretary of the Tender Committee that
authorized the award of contract. The secretary of the
Tender Committee shall, within fourteen days after a
request, provide written reasons as to why the Tender,
proposal or application to be pre-qualified was
unsuccessful. However, failure to take this opportunity to
clarify the grounds for rejection does not affect the
Tenderer’s right to seek immediate review by the Public
Procurement Administrative Review Board under Clause
45.
39. Signing of Contract 39.1 Promptly, and in no case later than 14 days, after
notification, Procuring Entity shall send the successful
Tenderer the Agreement and Contract Data Sheet,
incorporating all agreements between the parties obtained
as a result of Contract negotiations.
39.2 Within the period specified in the notification or Tender
Data Sheet but not earlier than fourteen (14) days since
notification of award of contract, the successful Tenderer
shall sign and date the contract and return it to the
Procuring Entity.
40. Performance Security 40.1 Within fifteen (15) days but after 7days after receipt of
the Letter of Acceptance, the successful Tenderer shall
deliver to the Procuring Entity a Performance Security in
the amount and in the form stipulated in the Tender Data
Sheet and the Contract Data Sheet, denominated in the
type and proportions of currencies in the Letter of
Acceptance and in accordance with the Conditions of
Contract.
40.2 If the Performance Security is provided by the successful
Tenderer in the form of a Bank Guarantee or Insurance
Bond, it shall be issued either:
a) At the Tenderer’s option, by a bank or insurance firm
located in Kenya, or a foreign bank or insurance firm
through a correspondent bank or insurance firm located
in Kenya;
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b) With the consent of the Procuring entity, directly by a
foreign bank acceptable to the Procuring entity.
40.3 Failure of the successful Tenderer to comply with the
requirement of sub-Clause 40.1 shall constitute sufficient
grounds for the annulment of the award and forfeiture of
the Tender Security, in which event the Procuring Entity
may make the award to the next lowest evaluated
Tenderer or call for new Tenders.
41. Advance Payment 41.1 The Procuring Entity will provide an Advance Payment as
stipulated in the Conditions of Contract, subject to a
maximum amount, as stated in the Tender Data Sheet.
41.2 The Advance Payment request shall be accompanied by
an Advance Payment Security (Guarantee) in the form
provided in Section X. For the purpose of receiving the
Advance Payment, the Tenderer shall make an estimate
of, and include in its Tender, the expenses that will be
incurred in order to commence work. These expenses
will relate to the purchase of equipment, machinery,
materials, and on the engagement of labour during the
first month beginning with the date of the Procuring
Entity’s “Notice to Commence” as specified in the
Contract Data Sheet.
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SECTION III
TENDER DATA SHEET (TDS)
Instructions to Tenderers Clause Reference
TDS
Ref.
No
ITT
Clause
No
Amendments of, and Supplements to, Clauses in the Instruction to Tenderers
A. Introduction
1. The “Procuring Entity” also called Employer is The Kenya Electricity Generating
Company Limited (KenGen).
2. The works include Design, Manufacture, Supply, Installation, Test and
Commissioning of Deluge Fire Protection Systems for Generator Transformers
and Station Transformers in 7 Forks Power Stations
3. The duration of implementation from commencement date of the works to the date of
issue of the Taking Over Certificate shall be 104 weeks
4. The main objective of the project is completion as per Procuring entity instructions.
5. Corruption and ethical standards
The Government requires that Procuring Entities (including beneficiaries of
Government funded projects) as well as Tenderers/Suppliers/Contractors under
Government financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. It is the responsibility of the Procuring
Entity to ensure that Tenderers, suppliers, and contractors and their subcontractors
observe the highest standard of ethics during the procurement and execution of such
contracts. In pursuance of this policy:
For the purpose of this provision, the following definitions are provided:
(i). “Corruption” has the meaning assigned to it in the Anti-Corruption
and Economic Crime Act 2003 and includes the offering, giving,
receiving or soliciting of anything of value to influence the action of a
public official in the procurement or disposal process or in contract
execution;
(ii). “Fraudulent Practice” includes a misrepresentation of fact in order to
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influence a procurement or disposal process or the execution of a
contract to the detriment of the Procuring Entity and includes collusive
practices amongst Tenderers prior to or after Tender submission
designed to establish Tender prices at artificial non-competitive levels
and deprive the Procuring Entity of the benefits of free and open
competition;
(iii). “Collusive Practice” means an arrangement between two or more
suppliers, contractors and subcontractors designed to achieve an
improper purpose, including to influence improperly the actions of the
Procuring Entity prior to or after Tender submission, designed to
establish Tender prices at artificial non-competitive levels and to
deprive the Procuring Entity of the benefit of free and open
competition;
(iv). “Coercive Practice” means impairing or harming, or threatening to
impair or harm, directly or indirectly a supplier, contractor or
subcontractor or the property of any of them to influence improperly
the actions of a Procuring Entity;
(v). “Obstructive Practice” means deliberately destroying, falsifying,
altering or concealing of evidence material to the investigation or
making false statements to investigators in order to materially impede
an investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and /or threatening, harassing or intimidating any
party to prevent it from disclosing its knowledge of matters relevant to
the investigation or from pursuing the investigation.
A Procuring Entity has the right to require that Tenderers, suppliers, and
contractors and their subcontractors permit persons duly appointed by
KACC/PPOA/KNAO to inspect their accounts and records and other documents
relating to the Tender submission and contract performance;
The Procuring Entity will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt, fraudulent practices or
others stated under Clause 44.1.a in competing for the contract;
In pursuit of the policy defined in sub-Clause 44.1, the Procuring Entity will
cancel the portion of the funds allocated to a contract for goods, works, or services
if it at any time determines that corrupt or fraudulent practices were engaged in by
representatives of the Procuring Entity or Approving Authority or of a beneficiary
of the funds during the procurement or the execution of that contract;
In the event that the Procuring Entity or Approving Authority does not take timely
and appropriate action satisfactory to the Government of Kenya to remedy the
situation, then the Director-General may order an investigation of procurement
proceedings for the purpose of determining whether there has been a breach of the
Public Procurement and Asset Disposal Act, 2015.
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6.
Alternative offers are not allowed.
7.
Alternative times for completion are not allowed.
8.
Pre-tender meeting and site visit shall be held on 17th November 2016 at 9.00 a.m.
9. The minutes of the pre-Tender meeting will be made available
10. Non-attendance at the pre-tender meeting will result in disqualification. Bidders are
strongly advised to visit site and obtain for themselves information adequate for them
to prepare a responsive bid.
11. The minutes of the pre-Tender meeting will be made available
12. The number of copies to be completed and returned with the original Tender is one
(1)
13. Period to respond to request for clarification by the Procuring Entity: at most seven
(7) days prior to tender closure.
Period Prior to deadline for submission of Tenders for Tenderers to request
clarification shall be at least 7 days prior to deadline
14. Potential bidders are advised to regularly check KenGen website for any uploaded
information on this tender. Any issued Addenda/Clarification shall be uploaded by
Procuring entity on the website.
15. Language of Tender and all correspondence shall be English.
16. National Tenderers shall be required to provide evidence of their fulfilment of
requirements under Sub-Clause 3.3
12.1(h) Qualification Criteria:
To be qualified for award of Contract, the Tenderer shall be a
prime Contractor, a manufacturer or lead partner of a Joint
Venture, and shall meet the minimum qualification
requirements listed below. The Tenderer shall provide
evidence of his eligibility by filling in the Eligibility and
Qualification forms included in, Eligibility and Qualification
Data, Section IXofthese tender documents.
………………………………………………………..
17.
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a) "Taxes" means all present and future taxes, levies, duties, charges,
assessments, deductions or withholdings whatsoever, including any
interest thereon, and any penalties and fines with respect thereto,
wherever imposed, levied, collected, or withheld pursuant to any
regulation having the force of law and "Taxation" shall be construed
accordingly.
b) Local Taxation
i). Nothing in the Contract shall relieve the Contractor and/or his Sub-
Contractors from their responsibility to pay any taxes, statutory
contributions and levies that may be levied on them in Kenya in respect of
the Contract. The Contract Price shall include all applicable taxes and
shall not be adjusted for any of these taxes.
ii). The Contractor shall be deemed to be familiar with the tax laws in the
Employer's Country and satisfied themselves with the requirements for all
taxes, statutory contributions and duties to which they may be subjected
during the term of the Contract.
iii.) In instances where discussions are held between the Employer and the
Contractor regarding tax matters, this shall not be deemed to constitute
competent advice and hence does not absolve the Contractor of their
responsibility in relation to due diligence on the tax issue as per 3 .21 .2
above.
c) Tax Deduction
i). If the Employer is required to make a tax deduction by Law, then the
deduction shall be made from payment s due to the Contractor and
paid directly to the Kenya Revenue Authority. The Employer shall upon
remitting the tax to Kenya Revenue Authority furnish the Contractor with
the relevant tax deduction certificates.
ii). Where the Contractor is paid directly by the Financiers and the
Employer is not able to deduct tax, then the Contractor will be required
to pay the tax deduction to Kenya Revenue Authority in the name of the
Employer and furnish the Employer with an original receipt thereof as
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evidence of such payment. In absence of the said evidence, the Employer
will not process any subsequent payments to the Contractor.
d) Tax Indemnity
i). The Contractor shall indemnify and hold the Employer harmless from and
against any and all liabilities, which the Employer may incur for any
reason of failure by the Contractor to comply with any tax laws arising
from the execution of the Contract whether during the term of the
Contract or after its expiry.
ii) The Contractor warrants to pay the Employer (within fourteen (14) days
of demand by the Employer), an amount equal to the loss, liability or cost
which the Employer determines has been (directly or indirectly) suffered
by the Employer for or on account of the Contractor’s Tax liability arising
from the Contract.
iii). Where the amount in 3.21.8 above remains unpaid after the end of the
fourteen (14) days moratorium, the Employer shall be entitled to
compensation for financing charges.
The rates and prices quoted by the Tenderer shall be fixed during the performance of the
Contract.
18.
The currency in which the prices shall be quoted shall be: Kenya Shillings or in any
freely convertible currencies. However, the maximum number of currencies shall be
limited to two (2).
19.
The authority for establishing the rates of exchange shall be Central Bank of Kenya.
The applicable date for exchange rates for tendering and evaluation purposes is the
exchange rate at the closing date.
20.
The tender shall remain valid and open for acceptance for a period of one hundred and
twenty (120) calendar days from the specified date of tender opening or from the
extended date of tender opening (in accordance with clause 21) whichever is the later.
21. In addition to the original of the Tender, the Tenderer shall submit one (1) copy of the
Tender.
22.
Written confirmation of authorization shall be power of attorney, in cases of joint
venture/consortium.
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23. Tenders shall be deposited in the tender box situated in the supply chain office, ground
floor, Stima plaza.
24. The name and identification of the project is Design, Manufacture, Supply,
Installation, Test and Commissioning of Deluge Fire Protection Systems for
Generator Transformers and Station Transformers in 7 Forks Power Stations
The tender number is: KGN-HYD-029-2016
Date and Time for submission is 1st December 2016 at 2.00 p.m.
25. The deadline for Tender submission is: 1st December 2016 at 2.00 p.m.
D. Submission of Tenders 22.1 The extension of the deadline for submission of Tenders shall
be made not later than five (5) days before the expiry of the
tender deadline.
26. The tender shall remain valid and open for acceptance for a period of one hundred
and twenty (120) calendar days from the specified date of tender opening or from the
extended date of tender opening (in accordance with clause 21 here above) whichever
is the later.
27. The extension of the deadline for submission of Tenders shall be made not later than
seven (7) days before the expiry of the tender deadline.
28. The Tender opening shall take place at:
Company: Kenya Electricity Generating Company
Street address: Kolobot Road off Limuru Road
Building/Plot No: Stima Plaza
Floor/Room No: 7th Floor
City/Town: Nairobi
Country: Kenya
The amount on the Tender form shall be assumed to be inclusive of all offered
discounts and all applicable taxes.
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30.
The date applicable is the closing date of the tenders
31. Financial evaluation
The lowest compliant evaluated bidder will be considered for award.
E. Opening and Evaluation of Tender:
A Preliminary evaluation(mandatory)
a) Duly completed Bill of Quantities, Signed and Stamped with date on every
page.
b) Duly completed Tender Form, Signed and Stamped with date.
c) Copy of valid Tax Compliance Certificate issued by KRA.for local bidders
d) Copy of certificate of Registration / Incorporation or equivalent from country
of origin.
e) Completeness of Tender – submission of the required number of copies,
sequential organisation of the bid document, and serialization or pagination
of all pages in the tender document.
f) Duly filled, signed and completed Mandatory Business Questionnaire as
provided.
g) NCA (Class 4 minimum) & ERC (class A1) registration certificates for
Kenyan firms.
h) Warranty (Section C clause 1.6)
i) Bid bond/tender security of KES. 1M,valid for 150 days.
j) Evidence of site visit as scheduled.
k) Power of attorney (ONLY in cases of joint ventures)
Only tenders who meet the preliminary requirements shall be subjected to
technical evaluation
Technical Evaluation notes:
1. The qualification and experience of key personnel
1.1. Personnel Capabilities: The Applicant and the suppliers must have suitably qualified
personnel to fill the following listed positions. The Applicant will supply information on a
prime candidate and an alternate for each position, both of whom should meet the
31.2 No additional preference.
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experience requirements specified below:
Position Total experience
(years)
Experience In similar
works (years)
As manager of
similar works
Site project manager 10 5 3
Alternate 10 5 3
Mechanical/Civil works installation
and commissioning supervisor 10 5 0
Alternate 10 5 0
Mechanical craftsmen/artisans 5 5 0
Civil craftsmen/artisans 5 5 0
Electrical works installation and
commissioning supervisor 10 5 0
Alternate 10 5 0
Electrical craftsmen/artisans 5 5 0
Commissioning Engineers 10 5 0
Alternate 10 5 0
1.2. Site project manager and commissioning engineers MUST be registered engineers by a body
recognized by Engineers Board of Kenya.
2. The experience of the firm:
The Tenderer shall meet the following minimum criteria:
2.1. Bidder has undertaken design, supply, installation, testing and commissioning of at least three
similar projects.
Bidder MUST attach proof of these similar projects done e.g. copies of contracts with
their signed price schedules and signed completion certificates, etc.
2.2. The bidder MUST have designed, supplied, installed, tested and commissioned during the last
10 years at least 3 transformer deluge fire protection systems. One such project must have been
of value of more than KSHS 20 million.
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2.3. The bidder shall provide the names and addresses of the clients who have purchased these
systems, and the names, telephone, telefax numbers and e-mails of a senior manager employed
by each client from whom references can be obtained in English language.
Bidder MUST attach duly signed award and completion certificates for deluge fire
protection system design, supply, installation, testing and commissioning projects.
2.4. The bidder must have a Quality Assurance System implemented according to the requirements
in the ISO 9001 standard or equivalent. Suppliers that are not certified to the ISO 9001
standard must submit details of their Quality Assurance System demonstrating their substantive
compliance with this standard or equivalent.
3. Litigation History
3.1. Bidders shall provide accurate information on any litigation or arbitration resulting from
contracts completed or under execution by the bidder.
4. Project preliminary designs
The tenderer shall present in the tender document and submit drawings to show;-
4.1. How the various components are integrated in the proposal
4.2. The non-proprietary nature of all software components.
4.3. Modular design.
4.4. Automation & control philosophy
4.5. Fire Protection scheme drawings.
5. Implementation Plan/Method Statement
5.1. The tenderer shall clearly present a description covering the design, supply, installation,
testing, commissioning, training, methodology of integration into existing plant and an
implementation program.
6. Compliance to technical specifications:
The tenderer shall provide information that demonstrates compliance with all the technical
specifications as detailed in the specifications. The tenderer shall indicate make, type and attach
manufacturer catalogue of all equipment in the bid. More particularly the tenderer shall avail to the
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Employer the following:-
6.1. Specification of product to be used/ installed inclusive of functions offered.
6.2. Fire Protection Schemes
6.3. Spare parts offered (list spares in Bill of Quantities and itemize them)
6.4. Illustrative drawings/ sketches and schematics
6.5. Type test reports from a third party reputable testing laboratory (see Section E clause 3.5 part
ii)
7. Delivery schedule
7.1. The Tenderer shall indicate the delivery period from the time of award of contract to the time
of commissioning. Bidders should factor in time required for design approvals, installation,
commissioning and training.
7.2. The delivery period shall be used as a criteria in the technical evaluation.
7.3. Duration of power plant outage required to implement the project should be indicated and shall
also form part of technical evaluation.
8. Spare parts and after sales service facilities
8.1. Tenderers must offer items with service and spare parts back-up. Documentary evidence and
locations of such back-up must be given. Where a tenderer offers items without such back-up
in the country, he must give documentary evidence and assurance that he will establish
adequate back-up for items supplied.
9. Software and other necessary licenses
9.1. Bidder shall demonstrate that all software, licenses and application programs used by the
supplied equipment, required to interrogate supplied equipment or required for testing,
maintenance and commissioning of supplied equipment shall be handed over to the client.
9.2. Bidder shall demonstrate that all programs/applications developed specifically for the project
or required for the working of the products supplied e.g. PLC application etc. and the
intellectual property associated shall be handed over to the client after commissioning.
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Financial capacity
10. Financial Position:
This shall be evaluated against the following parameters:
10.1. Minimum average annual turnover of KSHS 100 million, calculated as total certified
payments received for contracts in progress or completed, within the last three (3) years.
10.2. The Bidder must demonstrate access to, or availability of, financial resources such as liquid
assets, unencumbered real assets, lines of credit (specific to the works being tendered for), and
other financial means, sufficient to meet the contracts cash flow other than any contractual
advance payments to meet the following cash-flow requirements :
(a) not less than KSHS 50 million (working capital) net of the applicants
commitments for other projects and
(b) The overall cash flow requirements for this contract and its current
commitments.
10.3. Submission of audited balance sheets or if not required by the law of the bidder’s country,
other financial statements acceptable to the Employer, for the last three [3] years to
demonstrate the current soundness of the bidders financial position and its prospective long
term profitability.
(a) Criteria 1 – Positive net worth
(b) Criteria 2 – Current ratio of at least 1.5
11. Audited accounts for the last three (3) years:
11.1. The annual audited financial statements for the last three years for the participating contractor
in the contracts shall be submitted and must demonstrate the soundness of the Applicant's
financial position, showing long-term profitability. Where necessary, the Employer will make
necessary inquiries, including with the Applicant's bankers.
Tender Evaluation Form
1.1. For ease of evaluation, bid offers shall be evaluated as per tables below, prospective
bidders should check to ensure they have availed all necessary requirements.
1.2. Bidders shall indicate the reference document and its location (page) in his bid.
1.3. Bidder MUST fully meet ALL the clauses below in order to qualify for further evaluation
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Clause Requirements
Qualification and
experience of
key personnel
Site project manager qualifications as per clause 1.1 of technical evaluation criteria
Mechanical/civil works installation and commissioning supervisor qualifications as
per clause 1.1 of technical evaluation criteria
Mechanical craftsmen/artisans qualifications as per clause 1.1 of technical evaluation
criteria
Civil craftsmen/artisans qualifications as per clause 1.1 of technical evaluation criteria
Electrical works installation and commissioning supervisor qualifications as per
clause 1.1 of technical evaluation criteria
Electrical craftsmen/artisans qualifications as per clause 1.1 of technical evaluation
criteria
Commissioning engineers qualifications as per clause 1.1 of technical evaluation
criteria
Experience of
the firm
Bidder MUST have designed, manufactured, installed and commissioned during the
last 10 years at least 3 transformer deluge protection systems as per clause 2.2 of
technical evaluation criteria.
Three duly signed completion certificates for the projects must be provided
Bidder Quality Assurance System as per clause 2.4 of technical evaluation criteria
Litigation
History
No consistent history of awards against the bidder as per clause 3 of technical
evaluation criteria
Bidder shall not have a Non-performing contract within the last Five (5) years as per
clause 3 of technical evaluation criteria
Project
preliminary
designs
Bidder has submitted preliminary designs
Openness of all components
Modular design
Implementation
plan
Bidder has submitted a clear implementation plan as per cause 5.1 of evaluation
criteria
Compliance to
technical
specifications
Bidder has submitted a duly filled technical schedule
Submit all type test certificates specified in the specifications
Software and
other necessary
licenses
Delivery of all required software and licenses as per specifications and intellectual
property/s related to all applications/programs designed specifically for the project
Financial
Position
Authentic and certified documents showing bidders compliance to clause 10 & 11 of
evaluation criteria
Bidders’ capability to carry out the project as per clause 13 & 14 of evaluation
criteria.
Bidder must have the financial ability to complete the project as detailed in clause 10
&11
1.1. Bidders technical offer shall be evaluated and graded as per table below
1.2. Pass mark will be 80%. Before financial evaluation
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Graded criteria of technical and financial capacity evaluation:
Evaluation Criteria Condition Max
score
Overall
Score
Bidder
Reference
document
Technical
Qualifications and
experience of key
personnel
Meets requirement of clause 1 10
80
Experience of the firm Meets requirement of clause 2 10
Litigation history Meets requirement of clause 3 5
Project preliminary
designs Meets requirement of clause 4 5
Implementation plan/
method statement Meets requirement of clause 5 5
Compliance to technical
specifications Meets requirement of clause 6 20
Delivery schedule Meets requirement of clause 7 5
Spare parts and after
sales service facilities Meets requirement of clause 8 10
Software and other
necessary licenses Meets requirement of clause 9 10
Financial
Financial position Meets requirement of clause
10 10
20
Audited accounts Meets requirement of clause
11 10
TOTAL SCORE 100
32. post qualification / due
diligence shall be under
taken
33.
Percentage for quantities increase or decrease is 15%.
34. Performance security to be furnished by successful
Contactor shall be 1% of the contract price. Only bank
Guarantee will be acceptable.
36. The Advance Payment shall not apply
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37. The Tenderer shall propose one Adjudicator from among
the list of Members or Fellows of the Chartered Institute
of Arbitrators (Kenya Branch) who shall be agreed
upon by the Procuring Entity.
The hourly fee for the Adjudicator shall be as
determined by the Chartered Institute of Arbitrators
(Kenya Branch).
If the parties fail to agree upon the name of the
Adjudicator, the appointment shall be made by the
Chartered Institute of Arbitrators (Kenya Branch)
at the request of either party.
43.1
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SECTION C:
GENERAL CONDITIONS OF CONTRACT
PART 1 – GENERAL CONDITIONS
1.1 GENERAL
The General Conditions of Contract shall be Part 1 of the Conditions of Contract recommended
by the Federation Internationale des Ingenieurs-Conseils (FIDIC) contained in its New Yellow
Book 1999 edition titled Conditions of Contract for Plant and Design/Build – design by
Contractor, with editorial amendments.
These Part I: General Conditions shall be incorporated in and form part of this Contract
subject to the following amendments and additions thereto as set out below in the Preamble and
in Part II: Special Conditions.
The following documents shall be deemed to form the Contract:-
a. The Letter of Award and Acceptance thereof.
b. The Preamble.
c. The Special Conditions of Contract – Part II.
d. The General Conditions of Contract – Part I.
e. The Specifications.
f. The Completed Form of Tender and Bill of Quantity-Price Schedules
g. The Completed Details of Offered Equipment-Technical Schedules
h. The Specification Drawings.
i. The Contractor’s Drawings.
j. The Contractor’s Tender.
Where there is a contradiction in any item in two of the above documents then the item in the
earlier positioned document in order above shall take precedence over the item in the lower
document, except where otherwise mutually agreed in writing.
1.2 PREAMBLE
The Preamble to the General Conditions of Contract shall be completed as follows referring to
completed schedules where appropriate:
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Sub-Clause 1.1.1 – Commencement Date
The date for commencement of the Works is the issue date of the letter of award of the tender,
and acceptance thereof, subject to the conditions precedent to commencement set out in Part II,
Special Conditions, having been completed. Sub-sub-clauses (ii), (iii), (iv) and (v) of Part I –
General Conditions are deleted.
Sub-Clause 1.1.12 – The Employer
The Employer is the Kenya Electricity Generating Company Limited [KenGen], P.O. Box
47936, Nairobi, Kenya, including its authorized representatives, successors and assigns.
Sub-Clause 1.1.15 – The Engineer
The Engineer is Operations Manger, Eastern Hydros who has been appointed by the
Employer to act as the Engineer for the purpose of this Contract, or such other person or persons
who may be appointed by the Employer in place of the designated Engineer in accordance with
Clause 2.8 of the Conditions of Contract.
Sub-Clause 1.1.35 – Time for Completion
The Time for Completion shall be the time for completion entered by the Contractor in the
Schedule of works and in the Tender form.
Sub-Clause 5.1 – Ruling Language
The Ruling Language for this Contract is English and the English language version shall prevail
over any other language.
Sub-Clause 5.2 – Day to Day Communications
The language for day to day communications shall be English. Fluent English shall be spoken
by an adequate number of the staff of the Contractor.
Sub-Clause 12.1 – Programme to be furnished
The Programme must be submitted within one month of Contract Award, and before the
work commences, in the form set out in the Specification Part II, Clause 2.2
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Sub-Clause 14.3 - Electricity, Water, Gas and Other Services
The Employer will provide a limited three phase supply of electricity at 415V AC 50 Hz not
exceeding 50 kVA. The Contractor will provide his own distribution board with necessary
electrical protection and switchgear.
Treated water is available in the Power House.
The Contractor shall make his own arrangement to supply gas and other services required at his
own expense.
Sub-Clause 14.4 – Employer’s Equipment
The only items of the Employer’s equipment that are available for use by the Contractor are the
power station overhead travelling cranes. The Contractor should liaise with KenGen when they
require to use the cranes.
The Contractor shall be responsible for providing slingers for all his works.
Sub-Clause 18.3 – Working Hours
The normal working hours at the site are between 7.45 a.m. and 5.00 p.m. on weekdays (five
days per week). The Contractor may arrange to work any other periods he wishes between 7.00
a.m. and 7.00 p.m. to meet the contract Programme. Work outside this period and weekend or
public holiday working shall only be carried out where specifically approved by the Engineer.
Where the Contractor chooses to work in excess of eight hours a day or to work at weekends
there shall be no additional cost added to the contract price.
Sub-Clause 27.1 – Delay in Completion
Failure to meet the Time for Completion, or any extended Time for Completion granted in
accordance with Sub-Clause 26.1, entitles the Employer to a reduction in the Contract Price of
0.1% of the Contract Price per day of delay up to a maximum of 10%.
Sub-Clause 27.2 – Prolonged Delay
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If there is a Prolonged Delay in Completion and the Employer has become entitled to the
maximum reduction in Contract price under Sub-Clause 27.1 and the Employer terminates the
Contract under Sub-Clause 27.2, then the additional amount recoverable from the Contractor by
the Employer shall be that part of the Contract Price which is attributable to that part of the
Works which cannot by reason of the Contractor’s failure be to put to the intended use.
Sub-Clause 33.1 – Terms of Payment
In addition to the provisions under Clause 33, the Terms of Payment shall be as set out below:-
Payment will be made through an unconfirmed Letter of Credit. The Contractor shall be required
to meet the Letter of Credit charges in the Contractor’s country where applicable. Any
extensions/ amendment charges that may result due to the Contractor’s delays or mistakes shall
be to the Contractor’s account.
Should the Contractor require a confirmed letter of credit, then all confirmation charges both in
and outside Kenya shall be to the Contractor’s account.
(a) 60% of Contract Price on delivery of all materials.
(b) 30% of Contract Price upon successful erection and commissioning acceptable to the client
for which a Taking Over Certificate has been issued in relation to the works.
(c) 10% of Contract Price on successful completion of the Defects Liability Period and
submission of all Documentation and As Built drawings.
Sub-Clause 35.1 – Payment in Foreign Currency
As per Letter of Credit terms and conditions.
Sub-Clause 35.3 – Rates of Exchange
Rates on the Tender opening date as provided by the Central Bank of Kenya.
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Sub-Clause 42.2 – Maximum Liability
The maximum liability of the Contractor to the Employer shall be the Contract Price.
Sub-Clause 43.1 – Insurance
The contractor is required to comply with the latest FIDIC specifications for insurance namely:
General requirement for insurance
Insurance for Works and Contractor’s Equipment
Insurance against Injury to Persons and Damage to Property
Insurance for Contractor’s Personnel
Clause 47 – Changes in Cost and Legislation
Sub-Clause 47.1 – Labour, Materials and Transport
Not applicable.
Sub-Clause 49.2 – Notices to Employer and Engineers
The address of the Employer for notices is:-
The Company Secretary & Legal Affairs Director
Kenya Electricity Generating Company Limited
Stima Plaza Phase III
Kolobot Road, Parklands
P. O. Box 47936 - 00100
NAIROBI, KENYA
Sub-Clause 51.1 – Applicable Law
The applicable law for this Contract shall be the law of the Republic of Kenya.
Sub-Clause 51.2 – Procedural Law for Arbitration
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The procedural rules for arbitration for this Contract shall be governed by the Arbitration Act
Cap. 49 of the Laws of Kenya. Kenyan Courts shall have jurisdiction.
Sub-Clause 51.3 – Language and Place of Arbitration
The language of arbitration is the English language. The place of arbitration shall be Nairobi,
Kenya.
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1.3 GENERAL CONDITIONS
The General Conditions of Contract shall be Clauses 1 to 51 inclusive as published by FIDIC in
Part I – Third Edition 1987 Reprinted 1988 with amendments subject to the variations in the
Preamble above.
1.4 CONTRACTOR’S RESPONSIBILITIES
1.4.1 Responsibilities
a) Conforming to the requirements of KenGen and to deviations therefrom which are
specifically authorized and/or approved in writing by the Client Engineer.
b) Approval of deviations will only be given for individual cases and such approval
shall not be cited as a precedent for other cases.
c) Quality of material, workmanship and apparatus comprising the complete work,
shall be in accordance with the specifications and good practice.
d) Maintenance and updating of progress of the work in accordance with the
approved schedules.
e) The safety and protection of equipment and materials required for the work while
under its sole risk as described in sub-clause (ii) hereunder.
f) Bringing to the Client Engineer’s attention, subsequent to the award of contract,
new developments, which the Contractor considers, may result in improvements
to the work. Such developments will be considered by the Client Engineer and, if
adopted, mutually acceptable terms will be arranged accordingly.
g) The adaptability of all materials to the requirements.
h) Rigid adherence to the tender specifications unless deviations are specifically
authorized in writing by KenGen.
1.4.2 Sole risk
The work shall be at the sole risk of the Contractor against loss or damage thereto up
to and including the date of delivery to the delivery point. It shall in no way be
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implied or inferred that this arrangement limits the Contractor’s responsibility in
respect to the materials supplied, workmanship and performance of the work.
1.5 CRITERIA FOR EVALUATION
The following criteria will be used in Tender Evaluation
(i) Responsiveness to the Tender
(ii) Compliance with Technical Specification
(iii) Technical Details of Offered Equipment
(iv) Price
(v) Delivery and Completion Periods
(vi) Payment Terms.
1.6 WARRANTY
The Contractor warrants that goods supplied under the Contract are new, unused, of the most
recent or current models, and that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract. The Contractor further warrants that all
Goods supplied under this Contract shall have no defect arising from design, materials, or
workmanship (except when the design and/or material is required by the specifications) or from
any act or omission of the Contractor, that may develop under normal use of the supplied Goods
in the conditions prevailing in the country of final destination.
This warranty shall remain valid for twenty four (24) months after the Equipment, or any portion
thereof as the case may be, have been commissioned and take over certificate signed by both
parties, or for thirty (30) months after the date of shipment from the port or place of loading in
the source country, whichever period concludes earlier.
1.7 INSURANCE
The Contractor shall insure, and keep insured to its full insurable value, the equipment and every
part thereof against risk of fire, explosion, accident, or other damage until the work has been
completed to the satisfaction of KenGen.
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SECTION D:
SPECIAL CONDITIONS OF CONTRACT
The General Conditions of Contract in Part I shall be modified by the Special Conditions set out
below:-
Sub-Clause 1.1.1 – Conditions Precedent to Commencement
The following financial and administrative requirements are conditions precedent to
commencement:
The issue of the Letter of Award under the hand of the Company Secretary of Kenya
Electricity Generating Company Limited and the acceptance thereof by the Contractor.
The date for acceptance shall be not later than 14 calendar days from the date of the
Letter of Award.
Sub-Clause 1.1.11 – Defects Liability Period
The Defects Liability Period is twenty-four calendar months. In these Conditions the expression
“Defects Liability Period” shall mean a period of twenty-four months calculated from the date of
Taking-Over in accordance with Sub-Clause 29.1.
Sub-Clause 2.1 – Engineer’s Duties
The Employer will use his Engineer. The duties and actions of the Engineer will be:
(a) Certifying additional sums under Sub-Clause 5.4,
(b) Determining an extension of time under Sub-Clause 26.2,
(c) Varying any of the Works under Sub-Clause 31.1,
(d) Entering into any agreement on adjustment of Contract Price under Sub-Clause 31.1,
(e) Issuing of Taking-Over Certificates after commissioning under Sub-Clause 29.2.
Notwithstanding the obligation, as set out above, to obtain approval if, in the opinion of the
Engineer, an emergency occurs affecting the safety of life or of the works or of adjoining
property, he may, without relieving the Contract of any of his duties and responsibilities under
the contract, instruct the Contractor to execute all such work or to do all such things as may, in
the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall
forthwith comply, despite the absence of approval of the Employer, with any such instruction of
the Engineer.
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Clause 5.3 – Priority of Contract Documents
Delete the documents list 1-5 and substitute:
“The documents forming the Contract shall take precedence in the order in which they are set out
in Section B, Clause 1 – General, herein.”
Clause 6.6 – Operation and Maintenance Manuals
Operation and Maintenance Manuals shall be in the English Language.
Sub-Clause 6.7 – Employer’s Use of Contractor’s Drawings
The Contractor’s Drawings and Manuals may be used by the Employer for the purpose of
completing, operating, maintaining, adjusting and repairing the Works, for interconnecting the
Works with other plant and for training of personnel.
Sub-Clause 8.1 – General Obligations
Facilities will be provided by the Employer as set out in Clause 2.9 of the Specification, part II.
Electrical and water supplies as set out in Sub-Clause 14.3 of the Preamble herein.
Sub-Clause 10.1 – Performance Security
Within 28 days of issue of the Letter of Acceptance the Contractor shall at his own expense
obtain a Performance Security in the Form of Performance Bond given in the Tender.
Documents from a reputable Bank approved by the Employer to be bound with the Contractor to
the Employer for a sum equivalent to ten percent (10%) of the Contract Price for the due
Performance of the Contract. The Security shall be payable in the currency of the contract and
shall be denominated in the types and proportions of the currencies in which the Contract is
payable. The Employer may require an additional security if the value of the Contract is
increased appreciably. The Contractor shall ensure that the Performance Security Bond is kept
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valid up to the date of issue of the last Defect Liability Certificate, or warranty period as set out
in Clause 1.8 of the Specification Part I, or end of maintenance period as set out in Clause 2.16
of the Specification Part II, whichever period concludes later.
Clause 15.1 – Compliance with Statutes, Regulations
Add the following:
“Without limiting the generality of the foregoing the Contractor shall strictly abide by the
Kenyan regulations concerning safety on the site of the Works.”
Clause 18.1 – Engagement of Labour
Add the following:
“The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and
labour with the required qualifications and experience from sources within Kenya.”
Sub-Clause 25.1 – Time for Completion
Time for Completion means the time for completing of the Works as tendered by the Contractor
in the Bill of quantity, price schedules and Guaranteed Times for Completion and included in the
Letter of Award. This period shall include up to the date of the Issue of the Taking-Over
Certificate.
Sub-Clause 27.1 – Delay in Completion
Delete the clause entirely and substitute the following:
“If the Contractor fails to comply with the Time for Completion in accordance with Clause 29.1,
the whole of the works or, if applicable, any Section within the relevant time prescribed by
Clause 25.1, then the Contractor shall pay to the Employer the relevant sum stated in Clause 27.1
of the Preamble as liquidated damages for such default and not as a penalty (which sum shall be
the only monies due from the Contractor for such default) for every day or part of a day which
shall elapse between the relevant Time for Completion and the date stated in a Taking-Over
Certificate of the whole of the works or the relevant Section, subject to the applicable limit stated
in the Clause 27.1 of the Preamble. The Employer may, without prejudice to any other method of
recovery, deduct the amount of such damages from any monies due or to become due to the
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Contractor. The payment or deduction of such damages shall not relieve the Contractor from his
obligations and liabilities under the contract.
If, before the Time for Completion of the Works or, if applicable, any Section, a Taking-Over
Certificate has been issued for any part of the Works or of that Section, shall, for any period of
delay after the date stated in such Taking-Over Certificate, and in the absence of alternative
provisions in the Contract, be reduced in the proportion which the value of the part so certified
bears to the value of the whole of the Works or Section, as applicable. The provisions of this
Sub-Clause shall only apply to the rate of liquidated damages and shall not affect the limit
thereof.”
Sub-Clause 28.1 – Tests on Completion
The Tests on Completion shall include the 120 Hours Reliability Run as detailed in the
Specification.
Sub-Clause 29.2 – Taking over Certificate
On satisfactory completion of the Tests on Completion and the Reliability Test Period, the
Engineer shall issue a Taking-Over Certificate. This shall show the effective date of Taking Over
which shall be the date of commencement of the successful Reliability Test Period. This shall be
the date of commencement of the Defects Liability Period.
Sub-Clause 29.3 – Use Before Taking Over
The Employer shall not use any part of the Works prior to the commencement of the Tests on
Completion. The Employer may use any part of the Works during its Tests to suit the Tests. Such
use shall not imply Taking Over unless all the tests on that part of the Works are successful.
Sub-Clause 33.2 – Method of Application for Payment
Applications for Payment may be made by the Contractor to the Engineer as set out below:
(a) The application in respect of the shipment shall identify the Equipment shipped, state the
amount claimed and be accompanied by such documentation as the Engineer may require
including:-
Original Invoice identifying the amount claimed against the appropriated subdivisions
of the Schedule of Prices.
Shipping Specification and Parking List.
Original Bill of Landing or Air Waybill.
Factory Inspection Certificate.
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Clean Report of Findings.
(c) The application in respect of work carried on site shall identify the work done, state the
amount claimed and be accompanied by such documentation as the Engineer may require
including:-
Original Invoice identifying the amount claimed against the appropriate subdivisions
of the Schedule of Prices.
Statement of Work showing the work done.
(d) Any other application for payment certificates shall identify the requirement for payment,
state the amount claimed and be accompanied by such documentation including:
Original Invoice identifying the amount claimed against the appropriate subdivisions
of the Schedule of Prices.
Supporting Documents such as copy Certificates where applicable.
Sub-Clause 33.5 – Payment
Second line, delete “28 days” and substitute “30 days”.
Sub-Clause 33.6 – Delayed Payment
The interest rate for delayed payment is simple interest at a rate of 3% above the Central Bank of
Kenya’s average rate for base lending prevailing as of the first day the payment becomes over
due.
Sub-Clause 43.1
Delete the first paragraph and substitute:
“The Contractor shall, prior to commencement of the Works, insure the Works in the joint names
of the Contractor and Employer to their full replacement value thereof plus 10% thereon to allow
for any additional costs and professional fees resulting from loss or damage with deductible
limits not exceeding those stated in the Preamble.”
Add the following sub-clause:
“(c) It shall be the responsibility of the Contractor to notify the insurer of any change in the
nature and extent of the works and to ensure the adequacy of the insurance cover at all
times in accordance with the provisions of this Clause.”
Add the following sub-clause:
“(d) Such insurance shall provide for compensation to be payable in the types and proportions
of currencies needed to cover the loss or damage incurred”.
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Sub-Clause 43.3 – Third Party Liability
In the second line after “personal injury” add the words “to any person including any employee
of the Employer and the Engineer.”
Add the following paragraph:
“The third party liability insurance should be in the joint names of the Employer and the
Contractor with an extension of a cross liability cover so that the insurance shall apply to the
Contractor and to the Employer as separate insured. The cover shall include the property of the
Employer other than the Works.”
Sub Clause 48.1 – Customs and Import Duties
For the purpose of this Contract, the Employer will clear and pay at port of entry all the Custom
Duty and taxes and deliver the Equipment to the site.
Sub Clause 50.2 – Arbitration
The rules of arbitration shall be those contained in the Arbitration Act of the Laws of Kenya.
Add New Clause 56 – Shipping Arrangements
Add New Sub-Clause 56.1 – Pre-Shipment Inspection
Kenyan regulations require that all imported goods be inspected prior to shipment to verify
quality and quantity.
The names of the Inspection Agencies appointed by the Kenyan authorities to act under this
Contract will be notified to the Contractor on the Import Declaration Form, which is obtained by
the Employer. The pre-shipment inspection authorizes the Contractor to ship the goods.
The Contractor should establish contact and liaise with the Inspection Agencies immediately
upon learning of their names.
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The cost of presentation of the Goods to the Inspection Agencies, unpacking, handling etc. shall
be paid for by the Contractor.
The Contractor shall give at least 21 days notice before shipment to the Inspection Agency
indicating the place where the Goods may be inspected and the expected time of shipment. When
requesting for pre-shipment inspection the Contractor shall provide the Inspection Agency with a
copy of the pro-forma invoice, Contract and any other document relevant to the execution of the
inspection. On completion of inspection the Inspecting Agency will issue a report of finding
which will be either:
A Clean Report of Findings if the inspection yields a satisfactory result, or a Non-negotiable
Report of Findings if the inspection reveals deficiencies.
In the case of a Clean Report of Findings the Contractor shall provide the Inspection Agency
immediately after shipment with a non-negotiable copy of the Bill of Landing or Air Waybill and
a copy of the final invoice covering the Goods. When these documents have been received, the
Clean Report of Findings will be issued. The Contractor is warned against the shipment of Goods
which have not been inspected, or goods for which a Non-negotiable Report of Findings has
been issued by the Inspection Agency.
The inspection of Goods does not relieve the Contractor of its contractual obligations to the
Employer, and may reject items if they fail to meet the requirements of the Contract even though
the Inspection Agency for shipment has cleared them.
Add New Sub-Clause 56.2 – Delivery and Documents
Upon shipment, the Contractor shall notify the Employer by cable, telex or facsimile the full
details of the shipment including description of Goods, quantity, the vessel, the bill of landing
number and date, port of loading, date of shipment, port of discharge, etc. The Contractor shall
mail or courier the following documents in two copies to the Employer Supplies Manager:
The Contractor’s invoice showing Goods description, quantity, unit price, total
amount;
Non-negotiable bill of landing;
Packing list identifying contents of each package;
Manufacturer’s/Contractor’s warranty certificate;
Inspection certificate (Clean Report of Findings) issued by the nominated inspection
agency;
Contractor’s factory inspection report; and
Certificate of Origin.
The above documents shall be received by the Employer at least two weeks before arrival
of Goods at the port and, if not received, the Contractor will be responsible for any
consequent expenses (including any demurrage). This is to provide time to obtain
exemption for shipment.
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ADDRESSES
The Equipment shall be marked with the following Shipping marks:-
KENYA ELECTRICITY GENERATING COMPANY LIMITED
ORDER No. ------- (GENERATOR TRASNFORMER AND STATION
TRANSFORMER DELUGE FIRE PROTECTION SYSTEMS FOR 7 FORKS POWER
STATIONS)
C/O KENGEN, NAIROBI - KENYA.
Packing lists, inspection reports, material reports, etc as indicated above shall be sent to:-
THE OPERATIONS MANAGER-EASTERN HYDROS
KENYA ELECTRICITY GENERATING COMPANY LIMITED
P.O. BOX 47936-00100
NAIROBI, KENYA
Tel: (254) (020) 3666000
Fax: (254) (020) 3666200
Email: [email protected]
Cc: [email protected];
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SECTION E:
TECHNICAL SPECIFICATIONS
3.1 GENERAL TECHNICAL CONDITIONS
The Deluge Fire Protection System shall be designed to ensure continuity of operation under all
working conditions and to facilitate inspection, maintenance and repairs. All reasonable
precautions shall be taken in the design of equipment to ensure safety of personnel concerned
with the operation and maintenance of the equipment.
All components shall be adequately rated/ sized for their most onerous duty and the specified
ambient temperature. Due account shall be taken of any heat generated by the equipment therein
and the components shall be appropriately selected, rated or derated as necessary to suit the most
onerous operating temperature within the equipment.
Hand railing and protective barriers shall be provided wherever necessary to protect operation or
maintenance personnel from hazards, and work shall comply with BS 6180 and Occupational
Safety and Health Act 2007 including its subsidiary legislations.
3.2 TENDER BID DOCUMENTATION BY TENDERER
The drawings and information to be submitted to the Client in accordance with the requirement
of this clause shall cover the complete scope of work as defined by the specification and shall
include, but not be limited, to the following:
General assembly drawings of the equipment to be supplied together with sufficient sub-
assembly drawings,
Details, control and wiring diagrams to demonstrate fully that all parts will conform to the
provisions and intent of the contract documents.
This documentation will be a guide to the client during the tender evaluation. They may not be
comprehensive at that stage.
3.3 PROJECT WORK PROGRAM
The Tenderer shall submit along with the tender bid a comprehensive work program, showing
all the activities and duration required, from tender award stage to full commissioning of the
Equipment.
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Upon approval of the work programme by the Client, it should thereafter be referred to as the
Approved Work Programme and shall become a part of the Contract.
In executing the Approved Work Programme of this Contract, the Contractor shall co-operate
with the Client in order to effect the timely completion of the works as a whole.
3.4 INSTRUCTIONS ON DRAWINGS AND DATA TO BE SUPPLIED BY THE
CONTRACTOR AFTER TENDER AWARD
All drawings and data supplied by the Contractor subsequent to the date of contract, which
cover changes in the work, extra work, or which supplement existing drawings and data shall,
upon approval by the Client Engineer, form part of the contract documents.
A copy of each drawing and item of data will be returned to the Contractor marked
“Approved”, or “Approved as Noted”, or “Not Approved”.
Drawings and data requiring revision shall be promptly dealt with and resubmitted as
aforementioned. Thereafter, changes shall NOT be made in the Contractor’s drawing without
written permission of the Client Engineer. The above procedure shall be repeated for all
authorized changes.
All drawings are to be dimensioned using SI units. All documentation shall be provided in
English language.
To expedite the delivery and return of the required drawings, scanned drawings shall be used
and sent to the following KenGen E-mail addresses –
The work shall be done in accordance with the approved drawings and data, and shall not be
commenced until such approval has been obtained. Subsequent changes contemplated by the
Contractor shall be indicated on revised drawings and data resubmitted for approval. The
Contractor shall make any changes in the design, which are considered necessary to make the
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work conform to the provisions and intent of the specification without additional cost to
KenGen.
Before supply and installation of the equipment, dimensioned drawings and data showing all
significant details of the equipment and materials to be used shall be submitted
simultaneously to the Client for approval.
Approval of the Contractor’s drawings and data shall in no way construe or imply relief of the
Contractor from responsibility for any error or omission therein or from any obligation under
the Contract.
When the Contractor prepares his work programme, as required herein, he shall make
allowance for the drawing approval time and indicate it on the programme. A period of at
least one week should be allowed for such approval. Claims or extensions of time will not be
approved if they are related to the late submission of drawings to the Client, or if they involve
delays caused by drawings not being approved by the Client.
The Contractor shall supply 1 copy of Drawings for approval and 1 copy of the approved
drawings to the Client.
All drawing submitted for approval or sent to the Client for any other reason shall be sent by
courier or e-mailed in pdf format.
After all items of the work have been manufactured and erected, sets of prints and softcopies
of the AS BUILT drawings shall be furnished as indicated below:
Complete set of soft copies in pdf format and AutoCAD - 1 set of each
Complete set of bound prints (A2) - 3 sets.
3.5 STANDARDS, CODES AND QUALITY ASSURANCE
The work shall conform to the applicable standards and codes of the authorities and technical
organizations listed hereunder in their full and abbreviated titles, and of any that may be listed
or referred to elsewhere in this document.
(i)
(a) National Fire Protection Association (NFPA)
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(b) American National Standards Institute (ANSI will also be used as the
reference for standards issued formerly under USA and USAS) – ANSI.
(c) American Society of Mechanical Engineers Relevant Test Codes and
Appendices – ASME.
(d) American Society for Testing and Materials (ASTM).
(e) National Standards and Testing Authority (NSTA).
(f) Underwriters Laboratories
(g) Factory Mutual Insurance Co.
(ii)
(a) International Organization for Standardization- ISO.
(b) International Electro-technical Commission IEC.
(c) Japanese Industrial Standards – JIS.
(d) Japanese Electro-technical Commission – JEC.
(e) German DIN
(f) European standards – AEN
(g) British Standards Institution
(h) Loss Prevention Council (UK)
(i) British standards
(j) Equivalent standards in other jurisdictions may be quoted.
The Contractor shall base the Tender on the applicable standards and codes, which are in effect
at the time of submission of the Tender.
3.6 TEST PROCEDURE AND INSTRUCTIONS
3.6.1 Site test programmes and procedures
During the construction and after the installation of the Fire Protection Systems, tests
shall be performed, as necessary, to establish the accuracy of the installation, to prove
the adequacy of the materials,the workmanship and that specified requirements have
been met.
The Contractor shall submit to the Client, during or immediately following the
submission of drawings, testing programmes describing each test to be performed during
commissioning and the performance tests. The programme shall establish the sequence
of the tests, the equipment preparation, operation procedures to be followed, and the
detailed procedure for conducting each test. The programme shall also contain
performance guarantees, design values, technical particulars, or other criteria for the
evaluation of each test. These programmes shall be submitted for approval and
distributed in the same manner as the drawings.
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All tests and test procedures with test recording sheets shall be submitted to the Client’s
Engineer 3 days to the execution of the Tests. The Client’s Engineer may review and
incorporate amendments to the procedures and tests.
3.6.2 Performance tests
After the Fire Protection Systems have been installed and tested successfully the
Contractor shall carry out the performance tests in the presence of the Client Engineer
to demonstrate that all guarantees and technical particulars as listed in the Tender and
Contract Documents have been satisfied and that the entire Equipment is properly
installed, free from objectionable defects and correctly adjusted to operate as specified.
3.7 INSTALLATION AND COMMISSIONING SERVICES
Lump-sum charges for installation & commissioning of the Equipment into operation under the
following conditions shall be indicated in the tender:
The installation of all the equipment parts and commissioning shall be done by the
Contractor.
The Contractor will avail all materials, labour, tools and equipment necessary for /installation
and commissioning works.
The Client will be responsible for clearing and bonding [with Kenya Customs Department]
of the erection and commissioning tools & equipment on receipt of Airway bill or Bill of
Landing, list of tools & equipment with serial numbers, PFI (proforma invoice) clearly
marked ‘Value for Customs Purposes Only’ and must show the price of each tool &
equipment and extension thereof. The Contractor shall meet the cost of shipment.
The tests and commissioning will be performed according to standard test procedures.
Two Client’s Engineers will be available during the commissioning period.
3.8 ACCOMMODATION & TRANSPORT FOR CONTRACTOR’S EMPLOYEE
Accommodation during the installation and commissioning work for the contractor’s employees
shall be the responsibility of the Contractor.
Transport (including local airport connection) at the site during the works will be the
responsibility of the Contractor.
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3.9 EQUIPMENT APPROVAL
All equipment proposed and planned for use in this project must be formally approved by at least
one of the following internationally recognized product certification organizations or
equivalents:
UL - Underwriters Laboratories - USA
FM - Factory Mutual Insurance Co. - USA
BS - British Standards Institution - UK
LPC - Loss Prevention Council - UK
Equipment and materials not complying with the required standards shall not be
acceptable and shall result in rejection of the tender.
Tenderers are required to submit a Certificate of Inspection together with their bids as
documentary evidence that the equipment and controls to be used in this Contract complies with
the mentioned standards.
3.10 SPARES
It is a condition of this contract that the Defect Liability Period is 12 months. All spares and
malfunctioning items during this period shall be replaced by the Contractor at his own cost.
3.11 TRAINING
The contractor shall after the completion of the Contract, and before the Handing-Over
Certificate is issued, provide a trainer to instruct the system operators and maintenance
personnel. The trainer must be competent in the English language and conduct the training in
English. During the training s/he shall go through all the problems that are likely to occur during
the System operation including the steps to be taken to reduce damage in case the system
malfunctions. Live demonstration will be conducted to the trainees, including simulation of fire
situation.
All the costs pertaining to the training and demonstrations shall be borne by the Contractor.
3.12 DOCUMENTS
The following documents shall be provided with the tenderer’s offer:
References
Brochures.
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Test Reports
3.13 INSTALLATION AND COMMISSIONING
The tenderer shall provide all the necessary staff, tools and materials to complete the installation,
test and commissioning. As-built drawings shall be provided immediately after commissioning.
3.14 SITE VISIT
Site visit is mandatory and shall be held on site on 17th November 2016 at 10.00 a.m. It is
important that tenderers visit the site before submitting their bids to ascertain the specific project
requirements.
Failure to visit the site will result in rejection of tender.
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SECTION F:
TECHNICAL SCHEDULE OF REQUIREMENTS
GENERAL INFORMATION
Seven Forks (Lower Tana) is an area of KenGen operations located in Embu, Machakos and
Kitui counties. It has five hydro power stations: Masinga, Kamburu, Gitaru, Kindaruma and
Kiambere. The total installed capacity by the five stations is 595 MW.
The existing transformers in the five power stations do not have fire protection. Thus there is
need for Deluge Fire Protection and Suppression Systems to be installed to guard against fire.
Here is a table containing some information about the Generator Transformers and Station
Transformers in the five stations.
Station Generator Transformer Station Transformer
Manufacturer MVA
Rating
kV Ratio Manufacturer kVA
Rating
kV Ratio
Masinga EMCO 25 11/132 GEC 630 11/0.415
GEC 23.5 11/132 GEC 630 11/0.415
Kamburu EMCO 40 11/132 KHCK 750 11/0.415
Hack Bridge 37 11/132 Transformer
and
Switchgear,
Madras
500 11/0.415
LEEEC 40 11/132
Gitaru Hyundai 65/95 15/220 Italtrafo 750 15/0.415
JSP 85 15/132 Italtrafo 750 15/0.415
Jeumont
Schneider
85 15/132
Kindaruma IEEEC 30 11/132 IEEEC 500 11/0.415
IEEEC 30 11/132 IEEEC 500 11/0.415
IEEEC 30 11/132 IEEEC 500 11/0.415
Kiambere G 100 11/220 Federal
Pioneer
630 11/0.415
EMCO 100 11/220 Federal
Pioneer
630 11/0.415
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TECHNICAL SPECIFICATIONS
I. MAIN TRANSFORMERS FIRE DETECTION AND SUPPRESSION SYSTEM:
REQUIREMENTS
1.1 Facilities design
The fire protection facilities shall be designed, installed and tested in accordance with the
American National Fire Protection Association (NFPA) requirements and recommendations. In
particular, the requirements of NFPA 850 and NFPA 15 shall apply to the design of the system.
The Transformer Fire Suppression System shall comply in all respects with all local
requirements and standards.
1.2 Fire detection and alarm
An automatic and manually activated fire alarm system with international approvals shall
be provided to protect the installed generator transformers and station transformers in
each power station including the equipment within their vicinity. The system shall
include smoke/heat detectors, manual call points/pull stations, fire alarm
horns/bells/strobes, cabling and a fire alarm control and indicating panel situated in the
station control room. All system fire alarm and fault conditions shall be clearly reported
at the central control panel. Repeater panels shall be located at convenient locations as
per the schedules.
The smoke/heat detectors, manual call points/pull stations and fire alarm horns/bells shall
be of the addressable type and suitable for the specific areas where they are installed. The
health of the detectors, panels and other field devices shall be automatically checked at
regular intervals. The design of the system shall be such that a malfunction in any of the
zones or loops does not affect the normal operation of the rest of the system.
The fire detection and alarm system shall be interfaced to the existing SCADA system in
the power station to enable the summary alarms and system status information to be
displayed on the operator workstations. Operation of a manual alarm call point or
activation of an automatic detector shall cause an alarm in the control building to notify
the operator of any fire emergency in the substation.
The fire suppression system control panel shall be powered by an Uninterrupted Power
Supply source. A dedicated battery with charger shall also be provided as part of the
system for stand-by power.
1.3 Fire water pumping system
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The fire water pumping system shall provide the source of water to the site fire ring main
system, from which all fire fighting water supplies shall be derived.
The water supply to the fire suppression system shall be maintained at a constant pressure
defined by the design requirements. The water discharge during system operation should
be maintained at a constant flow rate. This shall be achieved by use of suitably rated
booster pumps that meet the hydraulic requirements of the fire suppression system.
The fire water pumping system shall contain two electrically driven pumps (main and
jockey). Each pump shall be complete with an automatic starting system and shall be
capable of providing the design hydraulic demand of the system. The jockey pump shall
maintain pressure within the ring main system.
The pumps control panel suitably located shall be provided to facilitate maintenance, and
to allow the pumps to be controlled both manually and automatically.
1.4 Cabling, wiring, terminations and panel construction
Permanent identification of all terminals and wires shall be provided.
A consistent system of wiring and numbering shall be used throughout the equipment.
All cables used shall be neatly arranged, well supported and labeled at the glanding and
terminating point.
Wherever possible, long-radius cable bends shall be used.
Adequate cable supports shall be provided to prevent vibration and movement in the line
due to vibrations. All necessary studs, bolts, nuts, washers, gaskets and packing, cable
supports, copper flexes and hangers required on site assembly of the cable system shall
be provided by the contractor.
The Contractor shall provide a system to support cabling under primary concrete/metallic
pillars; e.g., ceilings, walls and floors. The Contractor may provide his own anchorage
system, but such a system shall be subject to the Client Engineer’s approval.
1.5 Pipes and Fittings
Pipe, tube, and fittings used in water spray systems must meet the requirements
provided in NFPA 15. All piping and pipe supports used outdoors must be shop
galvanized inside and out to protect against pipe corrosion and blockage of nozzles
from loosened pipe corrosion. Malleable iron screwed fittings should be used on
water spray systems to prevent damage resulting from the shock of the water hitting
the empty fittings and the movement of the system upon system actuation.
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All water spray system piping and fittings must be installed so that the system can be
drained on either side of the deluge valve, with a means for verifying water flow
through the drain. Each system is required to have drain connections sized in
accordance with NFPA 15 for system risers, mains, and actuation valves. Auxiliary
drains must be provided where a change in piping direction prevents drainage of
system piping through either the main drain valve or open water spray nozzles.
1.6 Valves
System actuation valves and accessories used to operate the valve must be listed and
compatible. Most water spray systems are required to operate automatically, and are
also required to have a means of supplemental manual actuation that is independent
of the automatic release system and detection devices.
System actuation valves are required to be as close to the hazard protected as
possible, taking into account the following:
Radiant heat from exposing fire
Potential for explosions
Location and arrangement of drainage facilities including dikes,
trenches, and impounding basins
Potential for freezing and mechanical damage
System discharge time
Accessibility
1.7 Detection and control
1. Analogue addressable optical and manual call points, sounders, etc. shall be supplied
and installed locally to the transformers.
2. All the sounders should be such that they are activated by detector/call point in the
area of location only.
3. Existing conduit and trunking system for cabling shall be maintained where
necessary. Any additional conduiting and associated civil works will be done by the
contractor. Manual call points shall protrude on the wall surface local to the installed
transformer.
4. Contractor shall be responsible for the supply and installation of all the interface
cables necessary between the deluge fire suppression system, fire detection control
unit (FDCU) and interface to existing SCADA system.
5. The detection panel in the control room shall indicate the exact location of the
operated fire detector and operation of any of the installed deluge valves in the event
that any of the valves operates.
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6. All the events of the deluge fire protection systems in a power station shall be
captured and annunciated in FDCU located in control room. Information captured
shall be displayed and logged on the event list of the existing SCADA system.
1.8 Other information
(a) Once detection has been done at transformer, this information should be relayed to an
intelligent module displaying the addressable location of the fire at control room
manned by operators. Indication at Fire detection control unit (FDCU) should be
through an audible alarm/ warning sound (103 dB at 1 m) and a flashing signal
appropriately displayed.
(b) Alarm indications and signals relayed to the FDCU shall be made available to the
existing SCADA system for information purposes to the control room operator.
Voltage-free contacts in the FDCU shall be provided for this.
(c) Required electrical clearances: all piping and accessories to be supplied and installed
for the deluge fire protection system shall maintain safe electrical clearances from the
energized components of the transformer (low voltage and high voltage bushings),
busbar and cables.
(d) The installed deluge fire protection systems shall have the required number of
nozzles, nozzle grid rings and heat detectors all suitably spaced as per the
recommended NFPA standard taking into consideration the different types and sizes
of transformers:
For Generator Transformer: two nozzle rings; bottom ring with 10 nozzles; top ring
with 12 nozzles, 2 of which are pointed at the conservator; 6 heat detectors, 2 on each
wider side and 1 on each narrower side.
For Station Transformer: one nozzle ring; 5 nozzles, one pointed at the conservator; 2
heat detectors on opposite sides.
(e) The contractor shall supply necessary materials including but not limited to interface
cables, panels, terminal blocks, tags, ferrules and wire markers for installation of the
fire suppression systems.
(f) Device Compatibility: All components of hydraulic or electrical systems shall be
compatible to ensure that all system components function as an integrated unit.
1.9 Deluge system requirements
The deluge system will be as per NFPA standards. The system’s area of operation will be
the entire external surfaces of the installed Generator Transformers and Station
Transformers of each station.
1.9.1 Detection Devices
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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The deluge system detection device itself will be thermostatic (fixed-temperature) and
electrically operated. The heat detectors shall be of manufactured standard BS5445,
operate at a voltage of 24 V DC, and have ingress protection IP44.
The detection devices or systems will be automatically supervised. Warning devices-
both audible and visible alarms- will be installed.
1.9.2 Manually-Operated Release System
The system should be manually operable. The manual operation will be a stand-alone
arrangement as per NFPA 13 to ensure operation, regardless of the potential failure of the
associated detection system. The system will incorporate a manual release at the deluge
valve, and at the control room to operate the system during a fire emergency.
1.9.3 Deluge System Control Panel
A common control panel will be provided for the deluge fire protection system operation
in each power station. This panel should have the following characteristics: manufactured
standard EN54 & LPCB; input voltage 230 V AC; output voltage 24 V DC; output
current approx. 500 mA for solenoid valve; ingress protection IP54; temperature rating
maximum 50 ºC.
1.9.4 Devices for Test Purposes and Testing Apparatus
Detection devices will be provided on each circuit for test purposes at an accessible lo-
cation. The device shall be connected to the circuit at a point that will ensure a proper test
of the circuit. A means of producing the heat or impulse used to operate the detection
device shall be available at the location.
1.9.5 Pressure Gauges
Pressure gauges will be installed on either side of the deluge valve. The pressure switch
having a contact of type single pole double throw (SPDT) and rating 2.5A max. and IP
55.
1.9.6 Water Supply
Water supply will vary across the power stations as follows:
Masinga, Kamburu and Kindaruma Power Stations will each have a dedicated
cylindrical concrete water tank constructed with adequate capacity of 40,000litres
(see Appendix 8)
Gitaru and Kiambere Power Stations will use existing fire hydrant tanks.
1.9.7 Deluge Valve and Spray Nozzles
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The deluge valve used for the deluge fire protection system shall have the following
characteristics:
Model – E-1; connection – flange, ANSI B16.42 (inlet and outlet are perpendicular to
each other); rating – 150 lb; nominal diameter – DN 100; face – RF; water flow rate –
2,000litres per minute; working pressure – 10 bars; CV factor – 470; actuation – by
electric solenoid valve, voltage 24 V DC, current 0.5 A max., normally closed, coil
insulation class F, IP 55; body and cover – ductile iron; internal trim – bronze, with
ethylene chlorotrifluoroethylene (ECTFE) coating (for corrosion protection); disk and
diaphragm – clapper, ductile iron; pressure gauges to be put on both inlet and outlet sides
of the valve; a pressure switch having a contact of type single pole double throw (SPDT)
and rating 2.5A max. and IP 55.
The spray nozzles shall have the following characteristics:
Model –E; Type – dry; working pressure – 3 bars; flow rate – 100 litres per minute;
nominal diameter – 15 mm; type – thread; material – brass, with corrosion-resistant
nickel-plated finish; spray angle – 90 degrees; spray pattern – solid cone.
The spray nozzles will be adequately spaced.
The actuation of the fire suppression system of one transformer should not affect the
operation of adjacent transformers, whether or not there is a blast wall separating the
transformers.
1.9.8 Fire Hose Cabinet
There shall be a fire hose cabinet with the following characteristics:
Cabinet location – near the deluge valves; cabinet material – 2 mm thick carbon steel,
painted with three coats of epoxy fire red paint (RAL 3000, two primer coats and one
final coat); cabinet door – lockable with key enclosure and can swing 180 degrees.
A fire hose and nozzle shall be supplied and stored in the cabinet: fire hose – size DN 40,
length 40metres, synthetic single jacket material, red colour, working pressure of 10 bars,
coupling size DN 40; hose nozzle – brass material, size DN 40, adjustable (stream-fog-
shut).
An additional fire hydrant landing valve connected to the main line supplying the deluge
system shall be provided.
See Appendix 7 for cabinet dimensions.
1.9.9 Pressure System
The water in the deluge fire protection system shall be maintained at a fixed preset
pressure of 10 bars by a Jockey Pump. An Electric Duty Pump will maintain the pressure
in the system when the deluge valve is activated. The Jockey Pump and the Electric Duty
Pump shall be powered by the power station’s 415 V auxiliary supply.
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a) Jockey Pump
The operation of the Jockey Pump shall be fully automatic. In the event of a small
pressure drop in the system main piping the Jockey Pump shall start automatically.
Once the pressure has built up to the correct set value, the Jockey Pump will stop. The
Jockey Pump shall operate for small pressure difference values.
b) Electric Duty Pump
The Electric Duty Pump shall support a flow rate of 2,000litres per minute at a
pressure of 10 bars. The pump’s operation shall be fully automatic. In the event of a
small pressure drop in the system main piping due to the operation of the deluge
system, the pump shall start automatically. This ensures continuous water
flow/pressure in the event of a fire and also compensates for the pressure difference
the jockey pump cannot compensate.
IMPORTANT:
To enable the client undertake conclusive evaluation of the tenders, detailed
technical description, drawings and brochures of each and every equipment for this
project must be appended to the tender. The brochures must state all the technical
specifications and standards, all specifically highlighted for evaluation.
Tenderers who fail to comply with this requirement fully shall have their tenders
rejected.
1. SCHEDULE 1
MASINGA POWER STATION GENERATOR TRANSFORMER AND STATION
TRANSFORMERS FIRE SUPPRESSION SYSTEM TECHNICAL
SPECIFICATIONS
INTRODUCTION
Masinga Power Station is situated in Machakos county about 150 kilometres North-East
of Nairobi and 70 kilometres from Embu town. It is located about 12 kilometres from the
Embu-Kanyonyo/Kang’onde road that joins the Thika-Garissa road.
The power station has two Generating Units each producing 20 MW of power at 11 kV.
The Generators are connected to 23.5 MVA and 25 MVA 11/135 kV step-up Generator
Transformers and 0.63 MVA 11/0.433 kV step-down Station Transformers.
The step-up transformers are located in the 11/132 kV substation and are connected via
electrical protection and isolation equipment to a common 132 kV bus. From this bus
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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power is evacuated via high voltage transmission lines to Kamburu Power Station and the
Mount Kenya region.
The step-down transformers are located in the control building and are connected to a
common 415 V bus that supplies the power station auxiliaries.
SCOPE
Schedule 1 of this tender is the design, supply, installation, testing and commissioning of
Deluge Fire Protection Systems for the generator transformers and station transformers of
Masinga Power Station. The schedule covers the following:
a. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the 23.5 and 25 MVA
step-up Generator Transformers. Each transformer should have a dedicated system
complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformer.
b. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the two 0.63 MVA
step-down Station Transformers. Each transformer should have a dedicated system
complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformer.
c. Design, supply, installation, testing and commissioning of a common control and
annunciation (both audio and visual) system located in the surface control building
and its environs.
LAYOUT
See Appendix 1 and 2.
2. SCHEDULE 2
KAMBURU POWER STATION GENERATOR TRANSFORMER AND
STATION TRANSFORMERS FIRE SUPPRESSION SYSTEM TECHNICAL
SPECIFICATIONS
INTRODUCTION
Kamburu Power Station is situated at the border between Machakos and Embu counties,
around 160 kilometres from Nairobi and 55 kilometres from Embu town, along the
Embu-Kanyonyo/Kang’onde road that joins the Thika-Garissa road.
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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The power station has three Generating Units each producing 30 MW of power at 11 kV.
The Generators are connected to 40 MVA, 37 MVA and 40 MVA 11/132 kV step-up
Generator Transformers. Two Generators are connected to 0.75 and 0.5 MVA 11/0.415
kV step-down Station Transformers.
The three step-up transformers are located in the 11/132 kV substation and are connected
via electrical protection and isolation equipment to two parallel 132 kV bus. From this
bus power is evacuated via high voltage transmission lines to Kenya Power Kamburu 220
kV substation, from where the power is stepped up from 132 kV to 220 kV and then
evacuated to Nairobi.
The two step-down transformers are located in the 11/132 kV substation, get their power
from Generators 1 and 2, and are connected to a common 415 V bus that supplies the
power station auxiliaries.
SCOPE
Schedule 2 of this tender is the design, supply, installation, testing and commissioning of
Deluge Fire Protection Systems for the Generator Transformers and Station Transformers
of Kamburu Power Station. The schedule covers the following:
a. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the 37 MVA and two
40 MVA step-up Generator Transformers. Each transformer should have a dedicated
system complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformers.
b. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the 0.75 MVA and 0.5
MVA step-down Station Transformers. Each transformer should have a dedicated
system complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformer.
c. Design, supply, installation, testing and commissioning of a common fire detection
annunciation and warning (both audio and visual) system located on the surface
control building and its environs.
LAYOUT
See Appendix 3.
3. SCHEDULE 3
GITARU POWER STATION GENERATOR TRANSFORMER AND STATION
TRANSFORMERS FIRE SUPPRESSION SYSTEM TECHNICAL
SPECIFICATIONS
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INTRODUCTION
Gitaru Power Station is situated on the border between Machakos and Embu counties,
about 55 kilometres from Embu town, along the Embu-Kanyonyo road that joins the
Thika-Garissa road.
The power station has three Generating Units with a total capacity of 225 MW generated
at 15 kV; one unit is rated at 81.5 MW and the other two units are each rated at 72.5 MW.
One Generator is connected to a 65/95 MVA 15/220 kV step-up Generator Transformer,
while the other two are each connected to 85 MVA 15/132 kV step-up Generator
Transformers. Generators 1 and 3 power two 0.75 MVA 15/0.415 kV step-down Station
Transformers.
The step-up transformers are located in the 15/132/220 kV substation, and are connected
via electrical protection and isolation equipment to 220 kV and 132 kV transmission lines
which evacuate their power directly to the 132/220 kV ring busbar in Kamburu Power
Station. From this bus power is evacuated via transmission lines to Kenya Power
Kamburu 220 kV substation from where it is evacuated to Nairobi.
The step-down transformers are located in the 15/132/220 kV substation and are
connected to a common 415 V bus that supplies the power station auxiliaries.
SCOPE
Schedule 3 of this tender is the design, supply, installation, testing and commissioning of
Deluge Fire Protection Systems for the Generator Transformers and Station Transformers
of Gitaru Power Station. The schedule covers the following:
a. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the three (one 65/95
MVA and two 85 MVA) step-up Generator Transformers. Each transformer should
have a dedicated system complete with accessories for fire detection, warning (audible
and visible) and mitigation to suppress the fire to avoid or minimize risk and should
not in any way interrupt operation of the other healthy transformers.
b. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the two 0.75 MVA step-
down Station Transformers. Each transformer should have a dedicated system
complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformer.
c. Design, supply, installation, testing and commissioning of a common fire detection,
warning and annunciation (both audio and visual) system in the surface control
building and its environs.
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LAYOUT
See Appendix 4.
4. SCHEDULE 4
KINDARUMA POWER STATION GENERATOR TRANSFORMER AND
STATION TRANSFORMERS FIRE SUPPRESSION SYSTEM TECHNICAL
SPECIFICATIONS
INTRODUCTION
Kindaruma Power Station is situated in Machakos county about 170 kilometres North-
East of Nairobi. It is located about 14 kilometres from the Embu-Kang’onde road that
joins the Thika-Garissa road.
The power station has three Generating Units with a total rated capacity of 72 MW
generated at 11 kV, each unit rated at 24 MW. Each Generator is connected to a 30 MVA
11/132 kV step-up Generator Transformer and a 0.5 MVA 11/0.415 kV step-down
Station Transformer.
The step-up transformers are located in the 11/132 kV substation and are connected via
electrical protection and isolation equipment to a common 132 kV bus. From this bus
power is evacuated via high voltage transmission lines to Kamburu Power Station, Juja
town in Kiambu County, and Mwingi town in Kitui County.
The step-down transformers are located in the 11/132 kV substation and are connected to
a common 415 V bus that supplies the power station auxiliaries.
SCOPE
Schedule 4 of this tender is the design, supply, installation, testing and commissioning of
Deluge Fire Protection Systems for the Generator Transformers and Station Transformers
of Kindaruma Power Station. The schedule covers the following:
a. Design, supply, installation, testing and commissioning of new deluge fire
detection, warning (both audio and visual), and suppression systems for the three
30 MVA step-up Generator Transformers. Each transformer should have a
dedicated system complete with accessories for fire detection, warning (audible
and visible) and mitigation to suppress the fire to avoid or minimize risk and
should not in any way interrupt operation of the other healthy transformers.
b. Design, supply, installation, testing and commissioning of new deluge fire
detection, warning (both audio and visual), and suppression systems for the two
0.5 MVA step-down Station Transformers. Each transformer should have a
dedicated system complete with accessories for fire detection, warning (audible
and visible) and mitigation to suppress the fire to avoid or minimize risk and
should not in any way interrupt operation of the other healthy transformers.
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c. Design, supply, installation, testing and commissioning of a common fire
detection, annunciation and warning (both audio and visual) system in the surface
control building and its environs.
LAYOUT
See Appendix 5.
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SCHEDULE 5
KIAMBERE POWER STATION GENERATOR TRANSFORMER AND
STATION TRANSFORMERS FIRE SUPPRESSION SYSTEM TECHNICAL
SPECIFICATIONS
INTRODUCTION
Kiambere Power Station is situated along the border of Embu and Kitui counties, and is
about 100 kilometres from Embu town.
The power station has two Generating Units with a total rated capacity of 168 MW
generated at 11 kV, with each unit rated at 84 MW. Each Generator is connected to a 100
MVA 11/220 kV step-up Generator Transformer and a 0.63 MVA 11/0.433 kV step-
down Station Transformer.
The step-up transformers are located in the 11/220 kV substation and are connected via
electrical protection and isolation equipment to a 220 kV ring bus. From this bus power is
evacuated via high voltage transmission lines to Kamburu Power Station, Embakasi in
Nairobi county and Rabai in Mombasa county.
The step-down transformers are located in the 11/220 kV substation and are connected to
a common 415 V bus that supplies the power station auxiliaries.
SCOPE
Schedule 5 of this tender is the design, supply, installation, testing and commissioning of
Deluge Fire Protection Systems for the Generator Transformers and Station Transformers
of Kiambere Power Station. The schedule covers the following:
a. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the two 100 MVA step-
up Generator Transformers. Each transformer should have a dedicated system
complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformer.
b. Design, supply, installation, testing and commissioning of new deluge fire detection,
warning (both audio and visual), and suppression systems for the two 0.63 MVA
step-down Station Transformers. Each transformer should have a dedicated system
complete with accessories for fire detection, warning (audible and visible) and
mitigation to suppress the fire to avoid or minimize risk and should not in any way
interrupt operation of the other healthy transformer.
c. Design, supply, installation, testing and commissioning of a common fire detection,
annunciation and warning (both audio and visual) system in the surface control
building and its environs.
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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LAYOUT
See Appendix 6.
Note : Appendices will be provided on the site visit day
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SECTION G:
BILL OF QUANTITIES – PRICE SCHEDULES
1.1 PREAMBLE TO THE BILL OF QUANTITIES
These Bills of Quantities are to be read in conjunction with the Conditions of Contract,
Specifications and site plan drawings to be viewed on site visit.
The quantities set forth in the Bills of Quantities are intended to represent the character of
the work to be carried out. There is no guarantee to the Contractor that he will be
required to carry out the quantities of work indicated under one particular item or group
of items in the Bills of Quantities, though on the contract as a whole, the quantities are
believed to represent the overall value of the works to be carried out.
The prices and rates inserted in the Bills of Quantities are to include costs of the works
described under the items, complete in place and accordance with the specifications,
including costs and expenses which may be required in and for the construction of the
works described, together with any temporary works and installations which may be
necessary, and all general risks, liabilities and obligations set forth or implied in the
documents on which the contract is based. Where risks, liabilities and obligations cannot
be dealt with as above, then the price thereof is to be separately stated by the Contractor
under Exception Report at the end of Bill of Quantities.
The brief description of the items given in the Bills of Quantities are purely for the
purpose of identification and shall in no way supersede the detailed descriptions given in
the Conditions of Contract and Standard Specifications for the full directions and
description of work and materials.
A price of unit rate shall be inserted in ink against each item in the Bill of Quantities
whether quantities are stated or not. If a tenderer omits to insert a price or unit rate
for any item, his tender may be treated as nonresponsive and not progress to
proceeding evaluation stages.
No alteration shall be made to the Bill of Quantities and no extra item shall be inserted.
The Tenderer shall satisfy himself that the Contract sum arrived at by pricing the
quantities and the items given is sufficient compensation for constructing and
maintaining the whole of the work in accordance with these Contract Documents.
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The abbreviations used in the Bill of Quantities are as follows:-
1) l - litre
2) m - metre
3) PC - piece
4) No. - Number
5) UOM - Unit of Measure
6) QTY - Quantity
The numbering of the Bills is not consecutive, but is arranged to correspond to the
sections in the Standard Specifications.
These Bills of Quantities have been prepared in accordance with the Conditions of
Contractor for works of Civil Engineering construction (Second edition) and the Standard
methods of Measurements of Building Works (Second edition metric).
1.2 BILL OF QUANTITIES FOR MASINGA POWER STATION
PRICE SCHEDULE FOR DESIGN, SUPPLY, INSTALLATION, TEST AND
COMMISSIONING OF TRANSFORMERS DELUGE FIRE PROTECTION SYSTEM FOR
MASINGA POWER STATION
N
o.
Ref. Clause
(Section F)
Description QTY UOM Type/
Model
Unit
Price
Cost
A. 1.9 TRANSFORMER DELUGE SYSTEM COMPONENTS
1. 1.9.1;
1.8(d); 1.2
Heat detectors (fixed-temperature) 1 LOT
2. 1.2 Warning devices both audible (with flashing
lights) and visible alarms
1 LOT
3. 1.6; 1.8(d);
1.9.7;
Deluge valves (VIKING or equivalent model)
with conventional trim, ethylene chlorotrifluo-
roethylene (ECTFE) coating complete with
pressure gauge, priming line, emergency
release, strainer, check valve etc.
4 LOT
4. 1.9.3 Deluge System Control Panel to
accommodate systems for the four
transformers
1 PC
5. 1.5; 1.6 Water headers (GI pipe) supplying fixed
piping networks with reductions and bends
round the transformers at different levels,
including gate valves
1 LOT
6. 1.9.7 Water spray nozzles of conventional pattern
to accommodate supply pressure and flow rate
for all transformers
4 LOT
7. 1.9.5; 1.9.7 Pressure control devices 8 PC
8. 1.9.7; 1.9.11 Flow meter, QC approved 4 PC
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9. Water meter for the main water supply line 1 PC
SUB TOTAL
B. 1.9.8 FIRE HOSE CABINET & ACCESSORIES 1 SET
C. 1.3; 1.9.9 PRESSURE SYSTEM 1 LOT
D. 1.9.6 CYLINDRICAL CONCRETE WATER
STORAGE TANK (40,000 l)
1 PC
E. Refer to
Appendix 2
SYSTEM PIPEWORK (390 m) G.I.
CLASS
C
F. INSTALLATION AND COMMISSIONING
CHARGES
G. ALL OTHER ITEMS NOT SPECIFIED BUT
NECESSARY TO COMPLETE THE
INSTALLATION (ATTACH LIST)
H. Section E:
3.4; 3.5
WORKING DRAWINGS,OPERATION
AND MAINTENANCE MANUALS
I. Section E:
3.11
TRAINING
Sub-Total
16% VAT
TOTAL
CURRENCY
For local Suppliers
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK, etc
Other Charges e.g. transport, handling
Total Cost to Masinga Power Station
Country of Origin
Currency of Tender
Delivery Period
For Overseas Suppliers
Total Cost
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Port of entry.
Country of Origin
Currency of Tender
Delivery Period
Manufacturer
Tenderer’s Name
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
86
Tenderer’s Signature
Date
1.3 BILL OF QUANTITIES FOR KAMBURU POWER STATION
PRICE SCHEDULE FOR DESIGN, SUPPLY, INSTALLATION, TEST AND
COMMISSIONING OF TRANSFORMERS DELUGE FIRE PROTECTION SYSTEM FOR
KAMBURU POWER STATION
N
o.
Ref.
Clause
(Section F)
Description QT
Y
UOM Type/
Model
Unit
Pric
e
Cost
A. 1.9 TRANSFORMER DELUGE SYSTEM COMPONENTS
1. 1.9.1;
1.8(d); 1.2
Heat detectors (fixed-temperature) 1 LOT
2. 1.2 Warning devices both audible (with flashing
lights) and visible alarms
1 LOT
3. 1.6; 1.8(d);
1.9.7;
Deluge valves (VIKING or equivalent model)
with conventional trim, ethylene chlorotrifluo-
roethylene (ECTFE) coating complete with
pressure gauge, priming line, emergency
release, strainer, check valve etc.
4 LOT
4. 1.9.3 Deluge System Control Panel to
accommodate systems for the four
transformers
1 PC
5. 1.5; 1.6 Water headers (GI pipe) supplying fixed
piping networks with reductions and bends
round the transformers at different levels,
including gate valves
1 LOT
6. 1.9.7 Water spray nozzles of conventional pattern
to accommodate supply pressure and flow rate
for all transformers
4 LOT
7. 1.9.5; 1.9.7 Pressure control devices 8 PC
8. 1.9.7; 1.9.11 Flow meter, QC approved 4 PC
9. Water meter for the main water supply line 1 PC
SUB TOTAL
A. 1.9.8 FIRE HOSE CABINET AND
ACCESSORIES
1 SET
B. 1.3; 1.9.9 PRESSURE SYSTEM 1 LOT
C. Refer to
Appendix 3
SYSTEM PIPEWORK (350 m) G.I.
CLASS
C
D. INSTALLATION AND COMMISSIONING
CHARGES
E. ALL OTHER ITEMS NOT SPECIFIED BUT
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NECESSARY TO COMPLETE THE
INSTALLATION (ATTACH LIST)
F. Section E:
3.4; 3.5
WORKING DRAWINGS,OPERATION
AND MAINTENANCE MANUALS
G. Section E:
3.11
TRAINING
Sub-Total
16% VAT
TOTAL
CURRENCY
For local Suppliers
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK, etc
Other Charges e.g. transport, handling
Total Cost to Kamburu Power Station
Country of Origin
Currency of Tender
Delivery Period
For Overseas Suppliers
Total Cost
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Port of entry.
Country of Origin
Currency of Tender
Delivery Period
Manufacturer
Tenderer’s Name
Tenderer’s Signature
Date
1.4 BILL OF QUANTITIES FOR GITARU POWER STATION
PRICE SCHEDULE FOR DESIGN, SUPPLY, INSTALLATION, TEST AND
COMMISSIONING OF TRANSFORMERS DELUGE FIRE PROTECTION SYSTEM FOR
GITARU POWER STATION
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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No. Ref. Clause
(Section F)
Description QTY UOM Type/
Model
Unit
Price
Cost
A. 1.9 TRANSFORMER DELUGE SYSTEM COMPONENTS
1. 1.9.1; 1.8(d);
1.2
Heat detectors (fixed-temperature) 1 LOT
2. 1.2 Warning devices both audible (with flashing
lights) and visible alarms
1 LOT
3. 1.6; 1.8(d);
1.9.7;
Deluge valves (VIKING or equivalent
model) with conventional trim, ethylene
chlorotrifluoroethylene (ECTFE) coating
complete with pressure gauge, priming line,
emergency release, strainer, check valve etc.
4 LOT
4. 1.9.3 Deluge System Control Panel to
accommodate systems for the four
transformers
1 PC
5. 1.5; 1.6 Water headers (GI pipe) supplying fixed
piping networks with reductions and bends
round the transformers at different levels,
including gate valves
1 LOT
6. 1.9.7 Water spray nozzles of conventional pattern
to accommodate supply pressure and flow
rate for all transformers
4 LOT
7. 1.9.5; 1.9.7 Pressure control devices 8 PC
8. 1.9.7; 1.9.11 Flow meter, QC approved 4 PC
9. Water meter for the main water supply line 1 PC
SUB TOTAL
B. 1.9.8 FIRE HOSE CABINET AND
ACCESSORIES
1 SET
C. 1.3; 1.9.9 PRESSURE SYSTEM 1 LOT
D. Refer to
Appendix 4
SYSTEM PIPEWORK (300m) G.I. CLASS C
E. INSTALLATION AND
COMMISSIONING CHARGES
F. ALL OTHER ITEMS NOT SPECIFIED
BUT NECESSARY TO COMPLETE THE
INSTALLATION (ATTACH LIST)
G. Section E:
3.4; 3.5
WORKING DRAWINGS,OPERATION
AND MAINTENANCE MANUALS
H. Section E:
3.11
TRAINING
Sub-Total
16% VAT
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
89
TOTAL
CURRENCY
For local Suppliers
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK, etc
Other Charges e.g. transport, handling
Total Cost to Gitaru Power Station
Country of Origin
Currency of Tender
Delivery Period
For Overseas Suppliers
Total Cost
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Port of entry.
Country of Origin
Currency of Tender
Delivery Period
Manufacturer
Tenderer’s Name
Tenderer’s Signature
Date
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
90
1.5 BILL OF QUANTITIES FOR KINDARUMA POWER STATION
PRICE SCHEDULE FOR DESIGN, SUPPLY, INSTALLATION, TEST AND
COMMISSIONING OF TRANSFORMERS DELUGE FIRE PROTECTION SYSTEM FOR
KINDARUMA POWER STATION
No. Ref. Clause
(Section F)
Description QTY UOM Type/
Model
Unit
Price
Cost
A. 1.9 TRANSFORMER DELUGE SYSTEM COMPONENTS
1. 1.9.1;
1.8(d); 1.2
Heat detectors (fixed-temperature) 1 LOT
2. 1.2 Warning devices both audible (with flashing
lights) and visible alarms
1 LOT
3. 1.6; 1.8(d);
1.9.7;
Deluge valves (VIKING or equivalent
model) with conventional trim, ethylene
chlorotrifluoroethylene (ECTFE) coating
complete with pressure gauge, priming line,
emergency release, strainer, check valve etc.
4 LOT
4. 1.9.3 Deluge System Control Panel to
accommodate systems for the four
transformers
1 PC
5. 1.5; 1.6 Water headers (GI pipe) supplying fixed
piping networks with reductions and bends
round the transformers at different levels,
including gate valves
1 LOT
6. 1.9.7 Water spray nozzles of conventional pattern
to accommodate supply pressure and flow
rate for all transformers
4 LOT
7. 1.9.5; 1.9.7 Pressure control devices 8 PC
8. 1.9.7; 1.9.11 Flow meter, QC approved 4 PC
9. Water meter for the main water supply line 1 PC
SUB TOTAL
B. 1.9.8 FIRE HOSE CABINET AND
ACCESSORIES
1 SET
C. 1.3; 1.9.9 PRESSURE SYSTEM 1 LOT
D. 1.9.6 CYLINDRICAL CONCRETE WATER 1 PC
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
91
STORAGE TANK (40,000 l)
E. Refer to
Appendix 5
SYSTEM PIPEWORK (170 m) G.I. CLASS C
F. INSTALLATION AND
COMMISSIONING CHARGES
G. ALL OTHER ITEMS NOT SPECIFIED
BUT NECESSARY TO COMPLETE THE
INSTALLATION (ATTACH LIST)
H. Section E:
3.4; 3.5
WORKING DRAWINGS,OPERATION
AND MAINTENANCE MANUALS
I. Section E:
3.11
TRAINING
Sub-Total
16% VAT
TOTAL
CURRENCY
For local Suppliers
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK, etc
Other Charges e.g. transport, handling
Total Cost to Kindaruma Power Station
Country of Origin
Currency of Tender
Delivery Period
For Overseas Suppliers
Total Cost
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Port of entry.
Country of Origin
Currency of Tender
Delivery Period
Manufacturer
Tenderer’s Name
Tenderer’s Signature
Date
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
92
1.6 BILL OF QUANTITIES FOR KIAMBERE POWER STATION
PRICE SCHEDULE FOR DESIGN, SUPPLY, INSTALLATION, TEST AND
COMMISSIONING OF TRANSFORMERS DELUGE FIRE PROTECTION SYSTEM FOR
KIAMBERE POWER STATION
No. Ref. Clause
(Section F)
Description QTY UOM Type/
Model
Unit
Price
Cost
A. TRANSFORMER DELUGE SYSTEM COMPONENTS
1. 1.9.1;
1.8(d); 1.2
Heat detectors (fixed-temperature) 1 LOT
2. 1.2 Warning devices both audible (with
flashing lights) and visible alarms
1 LOT
3. 1.6; 1.8(d);
1.9.7;
Deluge valves (VIKING or equivalent
model) with conventional trim, ethylene
chlorotrifluoroethylene (ECTFE) coating
complete with pressure gauge, priming
line, emergency release, strainer, check
valve etc.
4 LOT
4. 1.9.3 Deluge System Control Panel to
accommodate systems for the four
transformers
1 PC
5. 1.5; 1.6 Water headers (GI pipe) supplying fixed
piping networks with reductions and bends
round the transformers at different levels,
including gate valves
1 LOT
6. 1.9.7 Water spray nozzles of conventional
pattern to accommodate supply pressure
and flow rate for all transformers
4 LOT
7. 1.9.5; 1.9.7 Pressure control devices 8 PC
8. 1.9.7; 1.9.11 Flow meter, QC approved 4 PC
9. Water meter for the main water supply line 1 PC
SUB TOTAL
B. 1.9.8 FIRE HOSE CABINET AND 1 SET
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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ACCESSORIES
C. 1.3; 1.9.9 PRESSURE SYSTEM 1 LOT
D. Refer to
Appendix 6
SYSTEM PIPEWORK (150m) G.I.
CLASS
C
E. INSTALLATION AND
COMMISSIONING CHARGES
F. ALL OTHER ITEMS NOT SPECIFIED
BUT NECESSARY TO COMPLETE
THE INSTALLATION (ATTACH LIST)
G. Section E:
3.4; 3.5
WORKING DRAWINGS,OPERATION
AND MAINTENANCE MANUALS
H. Section E:
3.11
TRAINING
Sub-Total
16% VAT
TOTAL
CURRENCY
For local Suppliers
Total Cost
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK, etc
Other Charges e.g. transport, handling
Total Cost to Kiambere Power Station
Country of Origin
Currency of Tender
Delivery Period
For Overseas Suppliers
Total Cost
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CFR) Port of entry.
Country of Origin
Currency of Tender
Delivery Period
Manufacturer
Tenderer’s Name
Tenderer’s Signature
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
94
Date
1.7 SPARES
No. Description QTY UOM Type/
Model
Unit
Price
Cost
1. Deluge Valve Pressure Switch 5 PC
2. Deluge Valve Solenoid Valve 3 PC
3. Deluge Valve 1 SET
4. Addressable Heat Detectors (fixed-temperature) 10 PC
5. Addressable Fire Alarm Sirens (103 dB at 1 m) 3 PC
6. Addressable Fire Alarm Strobe Lights 3 PC
7. Input Electrical Interface Control Modules 3 PC
8. Output Electrical Interface Control Modules 3 PC
9. Electrical pump 1 PC
10. Jockey Pump 1 PC
11. Pressure Gauges 5 PC
12. Any other critical system component (Itemize)
a)
b)
c)
d)
TOTAL COST
SUMMARY OF TOTALS
No. Schedule Total Cost (Currency)
1) MASINGA POWER STATION
2) KAMBURU POWER STATION
3) GITARU POWER STATION
4) KINDARUMA POWER STATION
5) KIAMBERE POWER STATION
6) SPARES
Grand Total Transferred to Tender Form
Authorized Signature: …………………………………….
Date: ………………………………………………………
Company Rubber Stamp: ………………………………..
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Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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PROPOSED LAYOUT
Proposed layouts for the works are attached as Appendices I and II together with respective
cabinets and kitchen low level cabinets.
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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SECTION IX:
STANDARD FORMS
A. FORM OF TENDER
NAME OF CONTRACT:
TO: The Company Secretary & Legal Affairs Director
The Kenya Electricity Generating Company Ltd
P.O. Box 47936-00100
Nairobi00100, Kenya
We have examined the Conditions of Contract, Employer’s Requirements, Schedules, Technical
Specifications, Tender Drawings, the attached Addenda Nos _____________________ for the
above-named Works. We have examined, understood and checked these documents and have
ascertained that they contain no errors or other defects. We accordingly offer to design, execute
and complete the Works and remedy any defects therein, in conformity with this Tender which
includes all these documents and the enclosed Proposal, for the lump sum of (in currencies of
payment) ______________________________________exclusive of taxes.
We agree to abide by this Tender until _________________ and it shall remain binding upon us
and may be accepted at any time before that date.
If this offer is accepted, we will provide the specified Performance Security, commence the
Works as soon as is reasonably practicable after the Commencement Date, and complete the
Works in accordance with the above-named documents within the Time for Completion. We
guarantee that the Works will then conform with the Schedule of Guarantees.
Unless and until a formal Agreement is prepared and executed this Letter of Tender, together
with your written acceptance thereof, shall constitute a binding Contract between us.
We understand that you are not bound to accept the lowest or any tender you may receive.
Signature _____________________ in the capacity of ___________________________
duly authorised to sign tenders for and on behalf of ___________________________
Address: ____________________________________________________________________
____________________________________________________________________________
Date: _______________________________
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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B. ELIGIBILITY & QUALIFICATION DATA
Tender Questionnaire
Please fill in block letters.
1. Full names of Tenderer
………………………………………………………………………………………
2. Full address of Tenderer to which tender correspondence is to be sent (unless an agent
has been appointed below)
………………………………………………………………………………………
3. Telephone number (s) of Tenderer
………………………………………………………………………………………
4. E-mail and Fax address of Tenderer
………………………………………………………………………………………
5. Name of Tenderer’s representative to be contacted on matters of the tender during the
tender period
………………………………………………………………………………………
6. Details of Tenderer’s nominated agent (if any) to receive tender notices. This is
essential if the Tenderer does not have his registered address in Kenya (name, address,
telephone, e-mail)
………………………………………………………………………………………
………………………………………………………………………………………
_________________
Signature of Tenderer
Make copy and deliver to: ___________________________ (Name of Employer
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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SECTION H:
STANDARD FORMS
CONTENTS
Description
Page
1. Introduction………………………………………………………………………70
2. Form of
Tender…………………………….……………………………………...............71
3. Tender Security Form……………………………………………………. ……..73
4. Contract Form……………………………………………………………………74
5. Performance Security……………………………………………………………76
6. Bank Guarantee for Advance Payment…………………………………….........77
7. Manufacturer’s Authorization Form…………………………………………….78
8. Tender Questionnaire……………………………………………………………79
9. Confidential Business Questionnaire…………………………………………....80
10. Financial
Situation…………………………………………………………………….…...83
11. Average Annual
Turnover…………………………………………………………………………84
12. Financial
Resources………………………………………………………………………...85
13. General
Experience……………………………………………………………….,,……...86
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14. Joint Venture
Summary…………………………………………………………….87
15. Details of Contracts of Similar
Complexity………………………………………..88
16. Key Personnel
Capabilities…………………………………………………………90
17. CVs of Key
Personnel………………………………………….…………………...91
18. Schedule of Ongoing
Projects………………………………………………………92
19. Litigation History
…………………………………………………………………...93
20. Deviation from Specifications
………………………………………………………94
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INTRODUCTION
The following schedules form the Contract Schedules and must be completed in their entirety by
the Tenderer at the time of tendering. The technical details requested in Section C, part II, Clause
2.1 of this document shall also be submitted with the tender.
The Performance Security and Bank Guarantee for Advance Payment forms are samples and
shall be only completed by the Approved Tenderer.
The Tenderer shall enter in the spaces on the tender form and bill of Quantity, price schedules
the appropriate unit of currency to which he has tendered.
TENDER FORM
DESIGN, SUPPLY, INSTALLATION, TEST AND COMMISSIONING OF DELUGE
FIRE PROTECTION SYSTEMS FOR GENERATOR TRANSFORMERS AND
STATION TRANSFORMERS IN 7 FORKS POWER STATIONS
The Company Secretary
The Kenya Electricity Generating Company Ltd
P. O. Box 47936 - 00100
NAIROBI
KENYA
Gentlemen and/or Ladies:
1. Having examined the Tender Documents including the Specification Drawings, Conditions
of Contract & Requirements, Specifications and Bill of Quantity Price Schedules for the
execution of the above named contract, the receipt of which is hereby duly acknowledged,
we, the undersigned, hereby offer to execute, complete and remedy defects in the whole of
the works in conformity with the said document for the sum
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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[amount in figures]
___________________________________________________________________________
[state currency]
[amount in words]
2. We undertake, if our Tender is accepted, to complete the whole of the Works comprised in
the contract within a period of ___________________ calendar months, subject to the said
Conditions.
3. We agree to abide by this Tender for a period of 180 days from the date fixed for receiving
the same and it shall remain binding upon us and may be accepted by you at any time before
the expiration of that period.
4. This Tender is submitted under our covering letter reference___________________ dated
_____________________ and the complete tender documents and other information,
required by the instructions to Tenderers, which are enclosed therewith all of which shall be
read and construed as forming a part hereof.
5. Unless and until an agreement is prepared and executed, this Tender, your Letter of
Intent/Award, together with our written acceptance thereof, shall constitute a binding
Contract between us.
6. If our Tender is accepted we will furnish a Performance Security issued by a Bank (to be
approved by you) to be jointly and severally bound with us in an amount of 10% of the above
named sum in accordance with the Conditions of Contract.
7. Commissions of gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to contract execution if we are awarded this Bid, and to contract execution if we are awarded
the contract, are listed below:
Name and Amount and Purpose of
address of agent Currency Commission gratuity
___________________ __________________ _________________
___________________ __________________ _________________
___________________ __________________ _________________
___________________ __________________ _________________
___________________ __________________ _________________
(if none, state “none”)
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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8. We understand that you are not bound to accept the lowest or any Tender you may receive.
Dated this………………………..day of…………………………..20…..
Signature…………………………in the capacity of ………………………………..
…………………………………………………………………………………………………..
duly authorised to sign Bid for and on behalf of:………………………
…………………………………………………………………………………………………
(in capital letters)
Witness……………………………………………………………………
Address ………………………………………………………………….
…………………………………………………………………
Occupation ………………………………………………………………...
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TENDER SECURITY FORM [Must be on the letter head of the Bank]
Whereas ____________________________________________(hereinafter
Called “the Bidder”) has submitted its bid dated ___________________________ for the design,
supply, installation, test and commissioning of Fire Protection systems for Generator
Transformers and Station Transformers in 7 Forks Power stations as per given specifications
(hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that WE _______________________________
______________________of_______________________________________(hereinafter
called “the Bank”), are bound unto Kenya Electricity Generating Company Limited (hereinafter
called “KenGen”) in the sum for which payment will and truly to be made to the said KenGen,
the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal
of the said Bank this _________________________day of 2016_____
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder
on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its Bid by KenGen during the
period of bid validity:
a) Fails or refuses to execute the Contract Form, if required; or
b) Fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders;
We undertake to pay to KenGen up to the above amount upon receipt of its first written demand,
without KenGen having to substantiate its demand, provided that in its demand KenGen will
note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions. This guarantee will remain in force
up to and including thirty (30) days after the period of bid validity, and any demand in respect
thereof should reach the Bank not later than the above date.
_____________________________
(Signature and seal of the Bank)
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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CONTRACT FORM
THIS AGREEMENT, made the _________________ day of ________ 20 ______ between
________________________________________________of [or whose registered office is
situated at] __________________________________________ (hereinafter called “the
Employer”) of the one part AND
________________________________________________________of [or whose registered
office is situated at] _________________________________________ (hereinafter called “the
Contractor”) of the other part.
WHEREAS THE Employer is desirous that the Contractor executes
________________________________________________________________________ (name
and identification number of Contract ) (hereinafter called “the Works”) located
at______________________________[Place/location of the Works] and the Employer has
appointed ________________________
___________________________ of/or whose registered office is situated at
__________________________________ as the Engineer for the purposes thereof and has
accepted the tender submitted by the Contractor for the execution and completion of the said
Works and the remedying of any defects therein in the sum of _________________ (amount in
figures)
______________________________________ (amount in words) (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 hereinafter referred to.
2. The following documents shall be deemed to form and shall be read and construed as part of
this Agreement i.e.
(a) The Letter of Award and Acceptance thereof.
(b) The Preamble.
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(c) The Special Conditions of Contract – Part II.
(d) The General Conditions of Contract – Part I.
(e) The Specifications.
(f) The Completed Form of Tender and Bill of Quantity-Price Schedules
(g) The Completed Details of Offered Equipment-Technical Schedules A and B
(h) The Specification Drawings.
(i) The Contractor’s Drawings.
(j) The Contractor’s Tender.
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
Works and remedy any defects therein in conformity in all respects with the provisions of the
Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
IN WITNESS whereof the Parties thereto have caused this Agreement to be executed the day
and year first before written.
The common Seal of _________________________________________________
Was hereunto affixed in the presence of ________________________________
Signed Sealed, and Delivered by the said ______________________________
Binding Signature of Employer _______________________________________
Binding Signature of Contractor _______________________________________
In the presence of (i) Name_______________________________________
Address_____________________________________
Signature___________________________________
Date _______________________________________
(ii) Name _______________________________________
Address_____________________________________
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Signature____________________________________
Date _______________________________________
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PERFORMANCE SECURITY [Must be on the letter head of the Bank]
To: Kenya Electricity Generating Company Limited,
Stima Plaza Phase III, Kolobot Road, Parklands,
P.O. Box 47936 - 00100,
NAIROBI, KENYA.
WHEREAS ______________________ [name of Supplier] (hereinafter called “the Contractor”)
has undertaken, in pursuance of Contract No. __________________________ dated
______________________________ 20___ to_____________________________
____________________________________________ (hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a bank guarantee by a reputable bank for the sum specified therein as security
for compliance with the Contractor’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Contractor a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Supplier, up to a total of
_______________________________________________________________
______________________________________ (words) ___________________ (figures), and
we undertake to pay you, upon your first written demand declaring the Contractor to be in
default under the Contract and without cavil or argument, any sum or sums within the limits of
_______________________________________________________ as aforesaid, without your
needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the ________________ day of ___________ 201 _________.
SIGNATURE AND SEAL OF THE
GUARANTORS______________________________________
[name of bank or financial institution]
________________________________________________________________________
[address]
________________________________________________________________________
[date]
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
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BANK GUARANTEE FOR ADVANCE PAYMENT
To: Kenya Electricity Generating Company Limited,
Stima Plaza Phase III, Kolobot road, Parklands,
P.O. Box 47936 - 00100,
NAIROBI, KENYA.
TENDER FOR DESIGN, MANUFACTURE, SUPPLY, DELIVERY, INSTALLATION AND
COMMISSION OF DELUGE FIRE PROTECTION SYSTEMS FOR GENERATOR
TRANSFORMERS AND STATION TRANSFORMERS IN 7 FORKS POWER
STATIONS
Gentlemen and/or Ladies:
In accordance with the provision Conditions of Contract of the above mentioned Contract,
_________________________(hereinafter called “the Contractor”) shall deposit with KenGen a
bank guarantee, its proper and faithful performance under the said Clause of the Contract in an
amount of
______________ (figures)__________________________________________________(words)
We, the [bank or financial institution], as instructed by the Contractor, agree unconditionally and
irrevocably to guarantee as primary obligator and not as security merely, the payment to KenGen
on its first demand without whatsoever right of objection on our part and without its first claim to
the Contractor, in the amount not exceeding _________________________________( figures)
_______________________________________________________________________ (words)
We further agree that no change or addition to or other modification of the terms of the Contract
to be performed thereunder or of any of the Contract documents which may be made between
KenGen and the Contractor, 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
received by the Contractor under the Contract until _________________ (date).
Yours truly,
Signature and seal of the Guarantors
______________________________________________
[name of bank or financial institution]
_____________________________
[address]
________________________________________
[date]
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MANUFACTURER’S AUTHORIZATION FORM
To: Kenya Electricity Generating Company Limited
Stima Plaza Phase III, Kolobot Road, Parklands
P.O. Box 47936-00100
NAIROBI, KENYA
WHEREAS ………………………………………………………………………………….
[name of the Manufacturer]
who are established and reputable manufacturers of Deluge Fire Protection Systems having
factories at…………………………………………………………………
[address of factory]
do hereby authorize…………………………………………………………………………….
[name and address of Agent]
to submit a tender, and subsequently negotiate and sign the Contract with you against tender
No………….. ……………………………………………………
[reference of the Tender]
for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per the General Conditions of Contract for
the Deluge Fire Protection Systems offered for supply by the above firm against this Invitation
for Tenders.
[Signature for and on behalf of Manufacturer]
Note: This letter of authority should be on the letterhead of the Manufacturer and should be
signed by a person competent.
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TENDER QUESTIONNAIRE
Please fill in block letters.
1. Full names of tenderer
………………………………………………………………………………………
2. Full address of tenderer to which tender correspondence is to be sent (unless an agent has
been appointed below)
………………………………………………………………………………………
3. Telephone number (s) of tenderer
………………………………………………………………………………………
4. E-Mail and Telex address of tenderer
………………………………………………………………………………………
5. Name of tenderer’s representative to be contacted on matters of the tender during the
tender period
………………………………………………………………………………………
6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is essential
if the tenderer does not have his registered address in Kenya (name, address, telephone,
telex)
………………………………………………………………………………………
………………………………………………………………………………………
_______________________
Signature of Tenderer
Make copy and deliver to: _____________________ (Name of Employer)
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H: 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 / j) 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 ……..………………….……………………Postal 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 Tax No.…………………………………………….……………………………………………….
Value of the largest single assignment you have undertaken to date (US D/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 (if applicable) Full names ……..………………………………………..…………………………………………………….
Nationality……………………………………………….. Country of Origin……....………………
……………………………………………………………………..……..……………
Company Profile ………………………. (Attach brochures or annual reports in case of public company)
Part 2 (b) – Partnerships (if applicable) Give details of partners as follows:
Full Names Nationality Citizenship Details Shares 1. ……………………………………………………………………………………………………….
2. ……………………………………………………………………………………………………….
Company Profile ……………………….(Attach brochures)
Part 2 (c) – Registered Company (if applicable)
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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………………………… ………………… ………………… .……..…..…..
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, corrupt, coercive and obstructive acts with regard to this or any other tender by the KENGEN and any
other public or private institutions.
Full Names ……………………………………………………………………………………………………………
Signature ………………………………………………………………………………………………………….
Dated this …………………………………….……………day of ……………………………2016.
In the capacity of ………………………………………………………………………………………………………
Duly authorized to sign Tender for and on behalf of …………………………………………………
Part 2 (e) – Bankruptcy / Insolvency / receivership. I/We declare that I/We have not been declared bankrupt or insolvent by the competent Authorities in Kenya and
neither are we under receivership:
Full Names ……………………………………………………………………………………………………………
Signature ………………………………………………………………………………………………………….
Dated this …………………………………….……………day of ……………………………2016.
In the capacity of ………………………………………………………………………………………………………
Duly authorized to sign Tender for and on behalf of …………………………………………………
Part 2 (f) – Criminal Offence I/We, (Name (s) of Director (s)):-
a) ……………………………………………………………………….………..……………
b) …………………………………………………………………………..….……….………
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 ………………………………….2016.
Suppliers’ / Company’s Official Rubber Stamp
………………………………………………………….
Part 2 (g) – Conflict of Interest I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement:
a) ………………………………………………………………………………………………
b) ………………………………………………………………………………………………
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For and on behalf of M/s …………………………………………………………………………………..
In the capacity of ………………………………………………………………………………………
Dated this ………………………………………day of ……………………………………….2016
Suppliers’ / Company’s Official Rubber Stamp
………………………………………………………
Part 2 (h) – 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(i) – Declaration
I / We, the undersigned state and declare that the above information is correct and that I / We give KENGEN
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 ………………………………….2016.
Suppliers’ / Company’s Official Rubber Stamp
…………………………………………………………
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TECHNICAL CAPABILITY REQUIREMNTS
Financial Situation - (FORM FIN-1)
Historical Financial Performance Bidder’s Legal Name: _______________________ Date: _____________________
JV Partner Legal Name: _______________________ Tender No.: __________________
To be completed by the Bidder and, if JV, by each partner
Financial
information in
US$ equivalent
Historic information for previous ________ years
(US$ equivalent in )
Year 1 Year 2 Year 3 Year … Year n Avg. Avg. Ratio
Information from Balance Sheet
Total Assets
(TA)
Total
Liabilities (TL)
Net Worth
(NW)
Current Assets
(CA)
Current
Liabilities (CL)
Information from Income Statement
Total Revenue
(TR)
Profits Before
Taxes (PBT)
Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the years required above complying with the following conditions:
Must reflect the financial situation of the Bidder or partner to a JV, and not sister or parent
companies
Historic financial statements must be audited by a certified accountant
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Historic financial statements must be complete, including all notes to the financial statements
Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted)
Name, address, telephone, telex, fax numbers of the Tenderer’s Bankers who may provide
reference if contacted by the Employer.
AVERAGE ANNUAL TURNOVER (FORM FIN-2)
Bidder’s Legal Name: ___________________________ Date:
_____________________
JV Partner Legal Name: ____________________________ Tender No.:
______________
All individual firms and all partners of a joint venture are requested to complete the
information in this form. The information supplied should be the annual turnover of
the Tenderer (or each member of a joint venture), in terms of the amounts billed to
clients for each year for work in progress or completed, converted to US dollars at
the rate of exchange at the end of the period reported.
Annual turnover data
Year Turnover US$ equivalent
1
2
3
4
*Average Annual Turnover
Use a separated sheet for each partner of a joint venture.
This information is declared to be correct by (Tenderer’s authorised representative)
Name…………………………………………
Signature………………
Position in the Firm……………………………………
Date………………………
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*Average annual turnover calculated as total certified payments received for work in
progress or completed over the number of years specified in the tender documents
divided by that same number of years.
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Financial Resources (FORM FIN-1))
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as indicated Evaluation and Qualification Criteria
Source of financing Amount (US$ equivalent)
1.
2.
3.
4.
General Experience (FORM: EXP-1)
Bidder’s Legal Name: ____________________________ Date: _____________________
JV Partner Legal Name: ____________________________ Tender No.: ________________
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Starting Month /
Year
Ending Month /
Year
Years
*
Contract Identification Role of Bidder
Attach Letter of Award and completion
certificate for each contract
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
_________
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Starting Month /
Year
Ending Month /
Year
Years
*
Contract Identification Role of Bidder
Attach Letter of Award and completion
certificate for each contract
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
_________
*List calendar year for years with contracts with at least Five (5) months activity per year starting with the earliest year
JOINT VENTURE SUMMARY (FORM: EXP-2)
Names of all partners of a joint venture
1. Lead partner:
2. Partner:
3. Partner:
4. Partner:
5. Partner:
6. Partner:
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Total value of annual turnover, in terms of work billed to clients, in US$ equivalent, converted at
the rate of exchange at the end of the period reported:
Annual turnover date (Installations and commission only; US$ equivalent)
Partner Year 1 Year 2 Year 3 Year 4 Year 5
1. Lead partner:
2. Partner:
3. Partner:
4. Partner:
5. Partner:
6. Partner:
Totals
This information is declared to be correct by Lead Partner
Name………………………………………… Signature………………
Position in the Firm…………………………………… Date………………………
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DETAILS OF CONTRACTS OF SIMILAR NATURE AND COMPLEXITY
(FORM: EXP-3)
Name of Tenderer or partner of a joint venture
Use a separate sheet for each contract.
1. Number of contract
Name of contract
Country
2. Name of employer
3. Employer address
4. Nature of works and special features relevant to the contract for which the tenderer wishes to bid
5. Contract role (check one)• Sole contractor • Subcontractor
• Partner in a joint venture
6. Value of the total contract (in specified currencies at completion, or at date of award for current
contracts)
Currency Currency Currency
7. Equivalent value US$
8. Date of award
9. Date of completion
10 Contract duration (years and months)
______years ______months
11. Specified requirements1
1Insert any specific criteria required for the execution of the contract.
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………………
Position in the Firm…………………………………… Date………………………
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KEY PERSONNEL CAPABILITIES (FORM: EXP-4)
Name of tenderer
For specific positions essential to contract implementation, applicants should provide the names
of at least two candidates qualified to meet the specified requirements stated for each position set
out in Capabilities in the Instructions to Tender.
The date on their experience should be supplied in separate sheets using one Form for each
candidate.
1. Title of position: Head Office Project Manager
Name of prime candidate:
Name of alternate candidate:
2. Title of position: Installation Supervisor Fire Protection System
Name of prime candidate:
Name of alternate candidate:
3. Title of position: Installation Supervisor Associated with power generating facilities
Name of prime candidate:
Name of alternate candidate:
4. Title of position: Commissioning Engineer – Electrical or Equivalent
Name of prime candidate:
Name of alternate candidate:
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CVS OF KEY PERSONNEL (FORM: EXP-5)
Name of Tenderer:
Position Candidate
• Prime • Alternate
Candidate
information
1. Name of candidate 2. Date of birth
3. Professional qualifications
Present
employment
4. Name of employer
Address of employer
Telephone Contract (manager/personnel officer)
Fax Telex
Job title of candidate Years with present employer
Summarise professional experience over the last 15 years, in reverse chronological order.
Indicate particular technical and managerial experience relevant to the Project.
From To Company/Project/Position/ Relevant technical and management
experience
I certify that the above information is correct.
………………………… …………………… ………………..
(Title) (Signature) (Date)
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SCHEDULE OF ONGOING PROJECTS (FORM –EXP 6)
Current Contract Commitments / Works in Progress
Name of Applicant or partner of a joint venture
Tenderers and each partner to a tender should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full completion
certificate has yet to be issued.
Name of contract Name of Client Total value in
US Dollars
Value of
outstanding
work (current
US$ equivalent)
Estimated
completion
date
1.
2.
3.
4.
5.
6.
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………………
Position in the Firm…………………………………… Date………………………
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LITIGATION HISTORY (FORM –EXP7)
Name of tenderer or partner of a joint venture
Tenderers, including each of the partners of a joint venture, should provide information on any
history of litigation or arbitration resulting from contracts executed in the last five years or
currently under execution. A separate sheet should be used for each partner of a joint venture.
Year Award For Or
Against
Applicant
Name of client, cause of litigation, and
matter in dispute
Disputed amount (current value,
US$ equivalent)
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………………
Position in the Firm…………………………………… Date………………………
I certify that the above information is correct.
…………………… ……………………… ………………………
Title Signature Date
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DEVIATION FROM SPECIFICATIONS
Any deviations from specifications shall be clearly indicated and reasons given.
Details of Subcontractors
Name of Applicant or partner of a joint venture
The Tenderer shall indicate in this schedule, the proposals for subcontracting elements of the
Works together with the names and addresses of the subcontractors he proposes to employ (if
any).
A statement of similar works executed by each of the proposed subcontractors shall be provided,
which shall include details of the work executed, year of completion, value of the works and the
name and address of the client.
Work to be Subcontracted Name and Address of
Subcontractor
Similar works previously
executed
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Key Personnel Capabilities
Name of Tenderer
For specific positions essential to Contract implementation, applicants should provide the names
of candidates qualified to meet the specified requirements stated for each position set out in
Instructions to Tenderers Sub-Clause 13.3 part 2.
The data on their experience should be supplied in separate sheets using one Form (B5) for each
candidate.
1. Title of position: Project Manager
Name of candidate:
2. Title of position: Transformer Engineer
Name of candidate:
3. Title of position: Manufacturing Engineer
Name of candidate:
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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CVs of Key Personnel
Name of Tenderer:
Position
Candidate information 1. Name of candidate
2. Date of birth
3. Professional qualifications
Present employment 4. Name of employer
Address of employer
Telephone Contact (manager/personnel
officer)
Fax
Job title of candidate
Years with present employer
Summarise professional experience over the last 10 years, in reverse chronological order.
Indicate particular technical and managerial experience relevant to the Project.
From To Company/Project/Position/ Relevant technical and management
experience
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Programme of Works
Name of Applicant or partner of a joint venture
Based on the specified completion periods given under Sub-Clause 1.2 of the Instructions To
Tenderers, the Tenderer shall provide a proposed programme of Works in a bar chart form
showing the sequence of work and time duration for each activity.
The proposed programme shall include activities such as design, schedule for the drawing
submittal, ordering and procurement of materials, manufacturing, fabrication, shop assembly and
testing, transportation, erection, site testing and commissioning of the Plant to be supplied under
the Contract.
We offer to complete all the works as required under tender within __________calendar days as
per the attached schedule.
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Contractors and Suppliers Quality Assurance Details
Name of Applicant or partner of a joint venture
The Tenderer shall provide copies of valid certificates issued by competent Quality Assurance
Agencies showing that the transformer manufacturer conforms to the Quality System Standard
ISO 9001 or its equivalent.
The Tenderer is required to list below the valid certificates submitted with his tender.
Name of Tenderer,
subcontractor or supplier
Equipment or service being
supplied
ISO 9001 or equivalent
certificate provided
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Deviations from Specifications
Name of Applicant or partner of a joint venture
Any deviations from the Conditions of Contract or the Technical Specifications shall be clearly
indicated in the table below and reasons given.
Clause
or
Section
No.
Deviation Reason for Deviation
1.Commercial / Contractual Deviations
2. Technical Deviations
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Drawings and Documentation to be submitted with Tender
Name of Applicant or partner of a joint venture
Pursuant to Clause 5of Instructions to Tenderers (ITT), the Tenderer is required to submit
drawings, brochures, technical data, type test certificates, etc. for the plant and equipment to be
incorporated in the Works, sufficient to demonstrate compliance with the technical
specifications. The Tenderer is required to list under each item in the table below, those
documents being submitted with the tender. The reference number of the document shall be
included so that the document can easily be identified.
Section Description Document Type Document
Reference
1.
2.
3.
4.
5.
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature………...………
Position in the Firm…………………………………… Date………………………
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Proposed Work Plan & Methodology
The Tenderer shall submit a write up on the proposed work plan and methodology for
performing the works covering design, supply, installation commissioning and training (overseas
and on site)
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Financial Information
Name of Tenderer or partner of a joint venture
Pursuant to Sub- Clause 13.3 part 4 of Instructions to Tenderers, the Tenderer, including each of
the partners of a joint venture, and the main suppliers should provide the financial information
requested below demonstrating the current soundness of their financial positions and long term
profitability as well as evidence of financial resources to meet the Contract cash flow. A separate
sheet should be used for each partner of a joint venture as well as for the principal suppliers.
1. Evidence of access to lines of credit and availability of other financial resources
sufficient to meet the Contract cash flow over one year, net of the Tenderer’s or
supplier’s commitments for other contracts. The cash flow should at least meet the
requirements of “Instructions to Tenderers” Clause 2.6. List the documents submitted
as evidence and attach copies.
.........................................................................................................................................................
.........................................................................................................................................................
3. Name, address, telephone, e-mail, fax numbers of the Tenderer’s Bankers who may
provide reference if contacted by the Employer.
.........................................................................................................................................................
.........................................................................................................................................................
This information is declared to be correct by (Tenderer’s authorised representative)
Name………………………………………… Signature……………..…
Position in the Firm…………………………………… Date………………………
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Contractor’s Equipment
Name of Tenderer or partner of a joint venture
The Tenderer should fill in major items of Contractor’s equipment proposed for carrying out the
Works.
Item of
Equipment
Description, Make
and Age(years)
Condition(new,
good, poor) and
Number available
Owned, Leased (from
whom?), or to be
purchased (from whom?)
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E: FORM OF CONTRACT AGREEMENT
This Agreement made the ....................day of .................................. 20 ..........................
Between
Kenya Electricity Generating Company Limited of [or whose registered office is situated at]
Stima Plaza Phase III, Kolobot Road, Parklands, P.O. Box 47936-00100, NAIROBI,
KENYA (hereinafter called “the Employer”) of the one part,
and
.............................................................................. of [or whose registered office is situated
at].............................................................................. ...................................................(hereinafter
called “the Contractor”) of the other part.
WHEREAS the Employer is desirous that the Contractor executes …………………….
(hereinafter called “the Works”) located at ………………………and the Employer has accepted
the Tender submitted by the Contractor for the execution and completion of such Works and the
remedying of any defects therein, for the Contract Price of .......[Amount in figures],
......................................... [Amount in words].
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and shall be read and construed as part of
this Agreement i.e.
a) The Letter of Acceptance dated ..................................
b) The Letter of Tender dated ...............................
c) The Addenda nos ..............................
d) The Conditions of Contract
e) The Employer’s Requirements
f) The completed Technical Schedules
g) The Completed Guarantee Schedules
h) The priced Schedule of Prices.
i) The Technical Specifications
j) The Contractor’s Tender.
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to design, execute and
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complete the Works and remedy any defects therein, in conformity in all respects with the
provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor, in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and
year first before written.
The common Seal of ............................................................................................................
Was hereunto affixed in the presence of .............................................................................
Signed Sealed, and Delivered by the said ............................................................................
Binding Signature of Employer .............................................................................................
Binding Signature of Contractor ............................................................................................
In the presence of
i). Name ..................................................................................................
Address ..............................................................................................
Signature ............................................................................................
ii). Name .................................................................................................
Address..............................................................................................
Signature............................................................................................
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
140
SECTION X
FORMS OF SECURITY
C. PERFORMANCE BANK OR INSURANCE GUARANTEE [UNCONDITIONAL]
(On Letterhead Of Bank/Insurance Company)
[The Bank or Insurance Company/successful Tenderer providing the Guarantee shall fill in
this form in accordance with the instructions indicated in brackets, if the Procuring Entity
requires this type of security.]
[insert bank’s or insurance company’s name, and address of issuing branch or office]
Beneficiary: [insert name and address of Procuring Entity]
Date: [insert date]
Tender for Design, Supply, Installation, Test and Commissioning of Deluge Fire Protection Systems for Generator Transformers and Station Transformers in 7 Forks Power Stations
141
PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]
We have been informed that [insert name of Contractor] (hereinafter called "the Contractor")
has entered into Contract No. [insert reference number of the Contract] dated with you, for the
execution of [insert name of Contract and brief description of Works] (hereinafter called "the
Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance
Guarantee is required.
At the request of the Contractor, we [insert name of Bank or Insurance Company] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [insert
amount in figures] ([insert amount in words]), such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Contractor is in breach of
its obligation(s) under the Contract, without your needing to prove or to show grounds for your
demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the Contract or of
the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this
Guarantee, and we hereby waive notice of any change, addition, or modification.
This guarantee shall expire not later than thirty days from the date of issuance of the Taking-
Over Certificate.
[signature(s) of an authorized representative(s) of the Bank or Insurance Company]