kgn hyd 32 2013 tender for supply, installation and commissioning of an incinerator in eastern...

8/14/2019 KGN HYD 32 2013 Tender for Supply, Installation and Commissioning of an Incinerator in Eastern Hydros

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KENYA ELECTRICITY GENERATING

COMPANY LIMITED

KGN-HYD-32-2013

TENDERFOR SUPPLY, INSTALLATION AND

COMMISSIONING OF AN INCINERATOR IN

EASTERN HYDROS

(REGISTERED GROUPS OF YOUTH , WOMEN ANDPERSONS WITH DISABI L I TY)

Kenya Electricity Generating Company Limited,

Stima Plaza Phase III, Kolobot Road, Parklands,

P.O. Box 47936,Nairobi, Kenya.

www.kengen.co.ke

November, 2013

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





Supply, Installation and Commissioning of An Incinerator in Eastern Hydros [

TABLE OF CONTENTS

Contents

SECTION A: INVITATION TO TENDER ........................................................................................................... 3 SECTION B. GENERAL INFORMATION .......................................................................................................... 4

SECTION C - GENERAL CONDITIONS OF CONTRACT .............................................................................. 14 SECTION D. SPECIAL CONDITIONS OF CONTRACT .......... ........... .......... .......... ........... .......... ........... ....... 24 SECTION E: TECHNICAL SPECIFICATIONS FOR THE INCINERATOR .......... .......... ........... .......... ......... 27 SECTION F: BILL OF QUANTITIES. ............................................................................................................... 30

SECTION G: TENDER FORM ........................................................................................................................... 36 SECTION H: CONTRACT FORM ..................................................................................................................... 37 SECTION I: PERFOMANCE SECURITY FORM .......... .......... ........... .......... ........... .......... ........... .......... ......... 39 SECTION J: BANK GUARANTEE FOR ADVANCE PAYMENT .......... ........ Error! Bookmark not defined. SECTION K: SITE VISIT CONFIRMATION .................................................................................................... 40

SECTION L: SCHEDULE OF WORKS SATISFACTORILY CARRIED OUT BY THE TENDERERWITHIN THE LAST FIVE YEARS .................................................................................................................... 41 SECTION M: QUALIFICATION INFORMATION .......... .......... ........... .......... .......... ........... .......... ........... ....... 42

SECTION N: MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE ..Error! Bookmark not

defined. SECTION O: MANUFACTURER’S AUTHORIZATION FORM ................................................................. 48

SECTION P: TENDER SECURITY FORM................................................ Error! Bookmark not defined. SECTION Q: EVALUATION CRITERIA SCORING ........................................................................................ 50




SECTION A

INVITATION TO TENDER

(REGISTERED GROUPS OF YOUTH , WOMEN AND PERSONS WITH

DISABILITY)

The Company invites sealed tenders from reputable registered contractors whose specifications are

detailed in the Tender Documents.

Interested firms may obtain further information from, and purchase the Tender Documents at the

office of the Supply Chain Manager, Tel: (254) (020) 3666000, Email: [email protected], [email protected] c.c: [email protected];

[email protected]

Where the tender document may be collected upon payment of a non-refundable fee of

KShs.1,000.00 paid in cash or through a bankers cheque at any KenGen finance office. Thedocument can also be viewed and downloaded from the website www.kengen.co.ke, and the

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

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

Downloaded copies are FREE.

Tenders MUST be accompanied by a Tender Securing Declaration Form in the format andamount specified in the tender documents, and must be submitted in a plain sealed envelope

and marked “TENDER FOR SUPPLY, INSTALLATION AND COMMISSIONING OF AN

INCINERATOR IN EASTERN HYDROS” and addressed to:

The Company Secretary/ Legal & Corporate Affairs Director

Kenya Electricity Generating Company Limited7

th Floor, Stima Plaza Phase III

Kolobot Road, ParklandsP.O. Box 47936-00100

NAIROBI.

On or before: 3rd

December 2013 11.00 a.m.

Please note that the official MANDATORY SITE VISIT will be on 22nd

November 2013

starting 10.00 a.m.

Tenders shall be opened on 3rd

December 2013 11.30 a.m. in the presence of the tenderers'representatives who choose to attend at Stima Plaza 111, Executive committee room 7 th floor at ourCentral Office.

SUPPLY CHAIN MANAGER

mailto:[email protected]





















SECTION B

GENERAL INFORMATIONIntroduction

1. Eligible Tenderers

1.1 This Invitation for Tenders is open to all tenderers eligible as described in the tenderdocuments.

1.2 Tenderers shall provide the qualification information statement that the tenderer (including allmembers of a joint venture and subcontractors) is not associated, or have been associated in the

past, directly or indirectly, with a firm or any of its affiliates which have been engaged byKenya Electricity Generating Company Limited to provide consulting services for the

preparation of the design, specifications, and other documents to be used for the supply,installation and commissioning of the incinerator under this invitation for tenders.

1.3 Tenderers shall be under a declaration of ineligibility for corrupt and fraudulent practices.

2. Mandatory Site Visit

The Central Office of the Eastern Hydros is located off Embu – Kangonde road about170Km North East of Nairobi. Access to the station is via Thika – Garissa road.

The tenderer shall visit and examine the site and obtain for himself on his own responsibility,

all information that may be necessary for preparing the tender and entering into a contract. Arepresentative of the employer will be available to meet the intending tenderers at the site.The tenderer shall bear all costs associated with the preparations and submission of this tender

and the Employer, will in no case be responsible or liable for the costs, regardless of theconduct or outcome of the tendering process. The form attached to the form of tender will be

signed by the tenderer or his representative and the Environment officer – Eastern Hydros orhis representative to confirm the site visit. This is mandatory and will be considered in thetender evaluation.

3. Cost of Tendering

3.1 The Tenderer shall bear all costs associated with the preparation and submission of its tender,

and Kenya Electricity Generating Company Limited, will in no case be responsible or liable forthose costs, regardless of the conduct or outcome of the tendering process.

The Tender Document

4 Contents

4.1 The tender document comprises the documents listed below and addenda issued in accordancewith clause 6 of these instructions to tenders.




Invitation for Tenders

a) General information b) General Conditions of Contract

c) Special Conditions of Contractd) Schedule of Requirements and price schedulese) Technical Specifications

f) Tender Formg) Tender Security Form

h) Contract Formi) Performance Security Form

j) Bank Guarantee for Advance Payment Form

k) Site visit confirmation

4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in thetender documents. Failure to furnish all information required by the tender documents or tosubmit a tender not substantially responsive to the tender documents in every respect will be at

the tenderers risk and may result in the rejection of its tender.

5.Clarification of Documents

5.1 A prospective tenderer requiring any clarification of the tender document may notify Kenya

Electricity Generating Company Limited in writing or fascimile at our address indicated in theInvitation for tenders. Kenya Electricity Generating Company Limited will respond in writing

to any request for clarification of the tender documents, which it receives prior to the deadlinefor the submission of tenders. Written copies of Kenya Electricity Generating Company

Limited's response (including an explanation of the query but without identifying the source ofinquiry) will be sent to all prospective tenderers that have received the tender document.

6.Amendment of Documents

At any time prior to the deadline for submission of tenders, Kenya Electricity Generating CompanyLimited, for any reason, whether at its own initiative or in response to a clarification requested by a

prospective tenderer, may modify the tender documents by amendment.

6.2 All prospective candidates that have received the tender documents shall be notified of the

amendment in writing or by cable, and will be binding on them.

6.3 In order to allow prospective tenderers reasonable time in which to take the amendment into

account in preparing their tenders, Kenya Electricity Generating Company Limited, at itsdiscretion, may extend the deadline for the submission of tenders.

Preparation of Tenders

7.Language of Tender

7.1 The tender prepared by the tenderer, as well as all correspondence and documents relating to thetender exchanged by the tenderer and Kenya Electricity Generating Company Limited, shall be

written in English language, provided that any printed literature furnished by the tenderer may bewritten in another language provided they are accompanied by an accurate English translation ofthe relevant passages in which case, for purposes of interpretation of the tender, the English

translation shall govern.




8.Documents Comprising the Tender

8.1 The tender prepared by the tenderer shall comprise the following components:

(a) A tender Form and a Price Schedule completed in accordance with paragraph 9, 10 and11 below.

(b) Documentary evidence established in accordance with paragraph 12 that the tenderer is

eligible to tender and is qualified to perform the contract if its tender is accepted;

(c) Documentary evidence established in accordance with paragraph 13 that the Incinerator

and ancillary services to be supplied installed and commissioned by the tenderer areeligible and conform to the tender documents; and

(d) Tender security is furnished in accordance with paragraph 14

9.Tender Form

9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule furnished inthe tender documents, indicating the Incinerator to be supplied installed and commissioned,

and a brief description of the Incinerator and prices.

10.Tender Prices

10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tender

price of the Incinerator it proposes to supply install and commission under the contract.

10.2 Prices indicated on the Price Schedule shall be entered separately in the following manner:

(i) All duties, taxes and other levy payable by the Tenderer under the contract, or for

any other cause relating to the tender. The tender price submitted by the Tendererand the evaluation and comparison of the tenders by the Employer shall be madeaccordingly.

(ii) Charges for inland transportation, insurance, and other local costs incidental todelivery of the incinerator to the final destination.

10.3 Prices quoted by the tenderer shall be fixed during the Tenderer’s performance of the contractand not subject to variation on any account. A tender submitted with an adjustable price

quotation shall be treated as non-responsive and shall be rejected, pursuant to paragraph 22.

11.Tender Currencies

11.1 Prices shall be quoted in the following currencies:

(a) For tenderers from within Kenya, the prices shall be quoted in Kenya shillings; and

(b) For tenderers from outside Kenya, the prices shall be quoted in US dollars or in another

freely convertible currency.




12. Tenderers Eligibility and Qualifications.12.1 The tenderer shall furnish, as part of its tender, documents establishing the tenderers eligibility

to tender and its qualifications to perform the contract if it’s tender is accepted.

12.2 The documentary evidence of the tenderers qualifications to perform the contract if its tender isaccepted shall establish to Kenya Electricity Generating Company Limited’s satisfaction thatthe tenderer has the financial, technical, and production capability necessary to perform thecontract effectively.To be eligible for award of the contract, tenderers shall provide evidence satisfactory to the

Employer, of their capacity and adequacy of resources to carry out the contract effectively.Schedule of works of a similar nature satisfactorily carried out by the tenderer in the last fiveyears should be provided as per attached format to the form of tender.

13. Eligibility and Conformity to Tender Document.

13.1 Pursuant paragraph 2 of this section, the tenderer shall furnish, as part of its tender, documentsestablishing the eligibility and conformity to the tender documents of the Incinerator that thetenderer proposes to supply, install and commission under the contract.

13.2 The documentary evidence of conformity of the Incinerator to the tender documents may be inthe form of literature, drawings, and data, and shall consist of:(a) A detailed description of the essential technical and performance characteristics of the

Incinerator ;

(b) A clause-by-clause commentary on Kenya Electricity Generating Company Limited’sTechnical Specifications demonstrating substantial responsiveness of the Incinerator and

services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications.

13.3 For purposes of the commentary to be furnished pursuant to paragraph 13.2(b) above, thetenderer shall note that standards for, material, and quality, as well as references to brandnames or catalogue numbers designated by Kenya Electricity Generating Company Limited in

its Technical Specifications, are intended to be descriptive only and not restrictive. Thetenderer may substitute alternative standards, brand names, and/or catalogue numbers in itstender, provided that it demonstrates to Kenya Electr icity Generating Company Limited’ssatisfaction that the substitutions ensure substantial equivalence to those designated in theTechnical Specifications.

14.Tender Security

14.1 The tenderer shall not furnish a Tender Security

14.2 The tender securing declaration form is required to protect the Procuring entity against the riskof Tenderer withdrawing its tender during the period of tender validity specified by KenGen onthe Tender Form and shall be valid for 150 days (2

ndMay 2013)




14.3 Any bidder from the target group who fails to adhere to the terms of the Tender Securing

Declaration Form shall be liable to debarment pursuant to Section 115 of the PublicProcurement and Disposal Act (2005).

15. Validity of Tenders15.1 Tenders shall remain valid for 120 days or as specified in the tender documents after date of

tender opening prescribed by Kenya Electricity Generating Company Limited, pursuant to paragraph 18. A tender valid for a shorter period shall be rejected by Kenya ElectricityGenerating Company Limited as non-responsive.

15.2 In exceptional circumstances, Kenya Electricity Generating Company Limited may solicit the

Tenderer’s consent to an extension of the period of validity. The request and the responsesthereto shall be made in writing. The tender security provided under paragraph 14 shall also besuitably extended. A tenderer may refuse the request without forfeiting its tender security. A

tenderer granting the request will not be required nor permitted to modify its tender.

16.Format and Signing of Tender

16.1 The tenderer shall prepare two copies of the tender, clearly marking each “ ORIGINAL

TENDER ” and “COPY OF TENDER ,” as appropriate. In the event of any discrepancy between them, the original shall govern.

16.2 The original and all copies of the tender shall be typed or written in indelible ink and shall besigned by the tenderer or a person or persons duly authorized to bind the tenderer to the

contract. Written power-of-attorney accompanying the tender shall indicate the laterauthorization. The person or persons signing the tender shall initial all pages of the tender,except for un-amended printed literature.

16.3 The tender shall have no interlineations, erasures, or overwriting except as necessary to correct

errors made by the tenderer, in which case such corrections shall be initialed by the person or persons signing the tender.

Submission of Tenders

17.Sealing and Marking of Tenders

17.1 The tenderer shall seal the original and each copy of the tender in separate envelopes, dulymarking the envelopes as “ORIGINAL” and “COPY.” The envelopes shall then be sealed in

an outer envelope.

17.2 The inner and outer envelopes shall:

(a) Be addressed to Kenya Electricity Generating Company Ltd at the following address:

The Company Secretary/ Legal & Corporate Affairs Director.Kenya Electricity Generating Company7th Floor, Stima Plaza Phase III

Kolobot Road, ParklandsP.O. Box 47936-00100

NAIROBI

(b) Bear, “TENDER FOR SUPPLY, INSTALLATION AND COMMISSIONING OF

AN INCINERATOR IN EASTERN HYDROS” the Invitation for tenders (IFT), and




the opening.

20.3 Kenya Electricity Generating Company Limited will prepare minutes of the tender opening.

21.Clarification of Tenders

21.1 To assist in the examination, evaluation and comparison of tenders Kenya ElectricityGenerating Company Limited may, at its discretion, ask the tenderer for a clarification of itstender. The request for clarification and the response shall be in writing, and no change in the

prices or substance of the tender shall be sought, offered, or permitted.

21.2 Any effort by the tenderer to influence Kenya Electricity Generating Company Limited’stender evaluation, tender comparison or contract award decisions may result in the rejection ofthe tenderers’ tender.

22. Evaluation and Comparison of Tenders

22.1 Preliminary Examination criteria

Prior to the detailed evaluation of tenders, the Employer shall carry out a preliminary evaluation todetermine completeness of the submissions to enable detailed assessment for responsiveness. Thisexamination shall be based on the following submitted documents

a. Tender Declaration Form b. Tender questionnaire duly completed.c. Business permit

d. Tax compliance certificatee. VAT registration

f. Pin certificateg. Certificate of incorporation

h.

Manufacture’s authorizationi. Confidential business questionnaire duly completed j. CVs of key personnel in the prescribed format.

k. Audited accounts for the last three years

l. Guarantee

m. Evidence of registration process or certificate by National Construction Authorityn. Evidence of site visitq. Duly Completed Bills of Quantities

22.3 Kenya Electricity Generating Company Limited will examine the tenders to determine whether

they are complete, whether any computational errors have been made, whether requiredsureties have been furnished, whether the documents have been properly signed, and whether

the tenders are generally in order.

22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between

the unit price and the total price that is obtained by multiplying the unit price and quantity, theunit price shall prevail, and the total price shall be corrected. If the candidate does not acceptthe correction of the errors, its tender will be rejected, and its tender security may be forfeited.

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




22.3 Kenya Electricity Generating Company Limited may waive any minor informality or non-

conformity or irregularity in a tender which does not constitute a material deviation, providedsuch waiver does not prejudice or affect the relative ranking of the tenderer.

22.4 Prior to the detailed evaluation, pursuant to paragraph 23, Kenya Electricity GeneratingCompany Limited will determine the substantial responsiveness of each tender to the tender

documents. For purposes of these paragraphs, a substantially responsive tender is one, whichconforms to all the terms and conditions of the tender documents without material deviations.Kenya Electricity Generating Company Limited’s determination of a tender’s responsiveness isto be based on the contents of the tender itself without recourse to extrinsic evidence.

22.5 If a tender is not substantially responsive, it will be rejected by Kenya Electricity GeneratingCompany Limited and may not subsequently be made responsive by the tenderer by correctionof the nonconformity.

23. Evaluation criteria.

The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to preliminary evaluation.

Tenders will be evaluated based on: -

a) Incinerator design as per NEMA standards in schedule 3 of Wastemanagement Regulation 2006

b) Registration with the National construction authority

c) The cost of supply, installation and commissioning of the Incinerator.

d) Previous experience in the supply, installation and commissioning ofincinerators;

e) Drawings and catalogues with commissioning and maintenance instructions for

the Incinerator they intend to supply, install and commission

f)

Guarantee periodg) Maintenance Contract

a) Submission of the requested technical information (where stated): Provision of

Original Brochures for quoted items.

b) The purchaser will conduct a due diligence on the successful bidder.

-The evaluation criteria and scoring will be based on the table in Section Q of this

document.

- Bidders who score 80% and above in technical evaluation scoring of section Q will

qualify for further financial evaluation.

Pursuant to paragraph 22.2 the following evaluation methods will be applied:

Deviation in payment schedule.

Tenderers shall state their tender price for the payment schedule outlined in the specialconditions of contract. Tenders will be evaluated on the basis of this price. Tenderers are,

however, permitted to state an alternative payment schedule and indicate the reduction intender price they wish to offer for such alternative payment schedule. Kenya Electricity




Generating Company Limited may consider the alternative payment schedule offered by the

selected tenderer.

24.Contacting Kenya Electricity Generating Company Limited

24.1 Subject to paragraph 21, no tenderer shall contact Kenya Electricity Generating CompanyLimited on any matter relating to its tender, from the time of the tender opening to the time the

contract is awarded.

24.2 Any effort by a tenderer to influence Kenya Electricity Generating Company Limited in itsdecisions on tender evaluation, tender comparison, or contract award may result in the rejectionof the Tenderer’s tender.

Award of Contract

25.Post-qualification

25.1 In the absence of pre-qualification, Kenya Electricity Generating Company Limited willdetermine to its satisfaction whether the tenderer that is selected as having submitted the lowestevaluated responsive tender is qualified to perform the contract satisfactorily.

25.2 The determination will take into account the tenderer’s financial, technical, and productioncapabilities. It will be based upon an examination of the documentary evidence of thetenderers qualifications submitted by the tenderer, pursuant to paragraph 12, as well as suchother information as Kenya Electricity Generating Company Limited deems necessary and

appropriate

25.3 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 KenyaElectricity Generating Company Limited will proceed to the next lowest evaluated tender to

make a similar determination of that Tenderer’s capabilities to perform satisfactorily.

26.Award Criteria26.1 Subject to paragraph 10,23 and 28 Kenya Electricity Generating Company Limited will awardthe contract to the successful tenderer(s) whose tender has been determined to be substantially

responsive and has been determined to be the lowest evaluated tender, provided further that thetenderer is determined to be qualified to perform the contract satisfactorily.

27.Kenya Electricity Generating Company Limited’s Right to Accept or Reject Any or All

Tenders

27.1 Kenya Electricity Generating Company Limited reserves the right to accept or reject any tender,and to annul the tendering process and reject all tenders at any time prior to contract award,without thereby incurring any liability to the affected tenderer or tenderers or any obligation to

inform the affected tenderer or tenderers of the grounds for Kenya Electricity Generating

Company Limited’s action.

28.Notification of Award

28.1 Prior to the expiration of the period of tender validity, Kenya Electricity Generating CompanyLimited will notify the successful tenderer in writing that its tender has been accepted.

28.2 The notification of award will constitute the formation of the Contract.

28.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to paragraph 30,




Kenya Electricity Generating Company Limited will promptly notify each unsuccessful

Tenderer and will discharge its tender security, pursuant to paragraph 14.

29. Signing of Contract

29.1 At the same time as Kenya Electricity Generating Company Limited notifies the successfultenderer that its tender has been accepted, Kenya Electricity Generating Company Limited will

send the tenderer the Contract Form provided in the tender documents, incorporating allagreements between the parties.

29.2 Within twenty one (21) days of receipt of the Contract Form, the successful tenderer shall signand date the contract and return it to Kenya Electricity Generating Company Limited.

30.Performance Security

30.1 Within fifteen (15) days of the receipt of notification of award from Kenya Electricity

Generating Company Limited, the successful tenderer shall furnish the performance security inaccordance with the Conditions of Contract, in the Performance Security Form provided in thetender documents, or in another form acceptable to Kenya Electricity Generating CompanyLimited.

30.2 Failure of the successful tenderer to comply with the requirement of paragraph 30 or paragraph31 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tendersecurity, in which event Kenya Electricity Generating Company Limited may make the award tothe next lowest evaluated Candidate or call for new tenders.

31. Corrupt Fraudulent Practices

31.1 Kenya Electricity Generating Company Limited requires that tenderers observe the highest

standard of ethics during the procurement process and execution of contracts. In pursuance ofthis policy, Kenya Electricity Generating Company Limited: -

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

(i) “Corrupt practice” means the offering, giving, receiving or soliciting of any thing ofvalue to influence the action of a public official in the procurement process or in

contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of KenyaElectricity Generating Company Limited, and includes collusive practice amongtenderer (prior to or after tender submission) designed to establish tender prices atartificial non-competitive levels and to deprive Kenya Electricity GeneratingCompany Limited of the benefits of free and open competition;

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

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to beawarded any contract if it at any time determines that the firm has engaged in corrupt orfraudulent practices in competing for, or in executing, a contract.

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

Contract.




SECTION C

GENERAL CONDITIONS OF CONTRACT

1.Definitions

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

(a) “The Contract” means the agreement entered into between Kenya Electricity GeneratingCompany Limited and the tenderer, as recorded in the Contract Form signed by the

parties, including all attachments and appendices thereto and all documentsincorporated by reference therein.

(b) “The Contract Price” means the price payable to the tenderer under the Contract for thefull and proper performance of its contractual obligations.

(c) “The tenderer” means the individual or firm supplying, installing and commissioningthe Incinerator under this Contract.

2. Application

2.1 These General Conditions shall apply in all Contracts made by Kenya Electricity GeneratingCompany Limited for the procurement of the Incinerator.

3. NEMA means National Environment Management Authority

4.Standards

4.1 The Incinerator supplied, installed and commissioned under this Contract shall conform to thestandards mentioned in the Technical Specifications.

5.Use of Contract Documents and Information

5.1

The Candidate shall not, without Kenya Electricity Generating Company Limited’s priorwritten consent, disclose the Contract, or any provision thereof, or any specification, plan,drawing, pattern, sample, or information furnished by or on behalf of Kenya ElectricityGenerating Company Limited in connection therewith, to any person other than a person

employed by the tenderer in the performance of the Contract.

5.2 The tenderer shall not, without Kenya Electricity Generating Company Limited’s prior written

consent, make use of any document or information enumerated in paragraph 5.1 above.

5.3 Any document, other than the Contract itself, enumerated in paragraph 5.1 shall remain the property of Kenya Electricity Generating Company Limited and shall be returned (all copies)to Kenya Electricity Generating Company Limited on completion of the Tenderer’s

performance under the Contract if so required by Kenya Electricity Generating CompanyLimited.

6. Patent Rights

6.1 The tenderer shall indemnify Kenya Electricity Generating Company Limited against allthird-party claims of infringement of patent, trademark, or industrial supply rights arisingfrom use of the Incinerator or any part thereof in Kenya .




7. Performance Security

7.1 Within fifteen (15) days of receipt of the notification of Contract award, the successfultenderer shall furnish to Kenya Electricity Generating Company Limited the performancesecurity in the amount specified in Special Conditions of Contract.

7.2 The proceeds of the performance security shall be payable to Kenya Electricity Generating

Company Limited as compensation for any loss resulting from the Tenderer’s failure tocomplete its obligations under the Contract.

7.2 The performance security shall be denominated in the currency of the Contract, or in a freelyconvertible currency acceptable to Kenya Electricity Generating Company Limited and shall be

in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable banklocated in Kenya or abroad, acceptable to Kenya Electricity Generating Company Limited, inthe form provided in the tender documents.

7.4 The performance security will be discharged by Kenya Electricity Generating CompanyLimited and returned to the Candidate not later than thirty (30) days following the date ofcompletion of the Tenderer’s performance obligations under the Contract, including any

warranty obligations, under the Contract.

8.Inspection and Tests

8.1 Kenya Electricity Generating Company Limited or its representative shall have the right toinspect and/or to test the Incinerator to confirm its conformity to the Contract specifications.

Kenya Electricity Generating Company Limited shall notify the tenderer in writing, in atimely manner, of the identity of any representatives retained for these purposes.

8.2 Should the inspected or tested Incinerator fail to conform to the Specifications, KenyaElectricity Generating Company Limited may reject the Incinerator, and the tenderer shall

either replace the rejected Incinerator or make alterations necessary to meet specificationrequirements free of cost to Kenya Electricity Generating Company Limited.

8.3 Nothing in paragraph 8 shall in any way release the tenderer from any warranty or otherobligations under this Contract.

9.Payment

9.1 The method and conditions of payment to be made to the tenderer under this Contract shall bespecified in Special Conditions of Contract.

9.2 Payments shall be made promptly by Kenya Electricity Generating Company Limited asspecified in the contract.

10.Prices

10.1 Prices charged by the tenderer for the Incinerator supplied, installed and commissioned performed under the Contract shall not, with the exception of any price adjustmentsauthorized in Special Conditions of Contract, vary from the prices by the tenderer in its

tender.




11.Assignment

11.1 The tenderer shall not assign, in whole or in part, its obligations to perform under thisContract, except with Kenya Electricity Generating Company Limited’s prior written consent.

12. Work Program and Sub-contracting

12.1 Within seven (7) days after Site possession date, the Contractor shall submit to

the Employer’s Representative for approval a program showing the generalmethods, arrangements, order and timing for all the activities in the Works.

12.2 The Contractor may sub-contract the Works (but only to a maximum of 25

percent of the Contract Price) with the approval of the Employer’sRepresentative. However, he shall not assign the Contract without the

approval of the Employer in writing. Sub-contracting shall not alter the

Contractor’s obligations.

12.3 The tenderer shall notify Kenya Electricity Generating Company Limited in writing of allsubcontracts awarded under this Contract if not already specified in the tender. Suchnotification, in the original tender or later, shall not relieve the tenderer from any liability orobligation under the Contract.

13.Termination for Default

13.1 Kenya Electricity Generating Company Limited may, without prejudice to any other remedy

for breach of Contract, by written notice of default sent to the tenderer, terminate thisContract in whole or in part:

(a) If the tenderer fails to supply install and commission the Incinerator within the period(s)

specified in the Contract, or within any extension thereof granted by Kenya ElectricityGenerating Company Limited.

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

(c) if the tenderer, in the judgement of Kenya Electricity Generating Company Limited has

engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

13.2 In the event Kenya Electricity Generating Company Limited terminates the Contract in wholeor in part, it may procure, upon such terms and in such manner as it deems appropriate, AirConditioner similar to the one undelivered, and the tenderer shall be liable to Kenya

Electricity Generating Company Limited for any excess costs for the Incinerator.

14. Liquidated Damages

If the tenderer fails to supply, install and commission the Incinerator within the period(s) specifiedin the contract, Kenya Electricity Generating Company Limited shall, without prejudice to its otherremedies under the contract, deduct from the contract prices liquidated damages sum equivalent to

0.5% of the price of the delayed Incinerator up to a maximum deduction of 10% of the delayedIncinerator. After this Kenya Electricity Generating Company Limited may consider termination of

the contract.




15.Resolution of Disputes

15.1 Kenya Electricity Generating Company Limited and the tenderer shall make every effort toresolve amicably by direct informal negotiation any disagreement or dispute arising betweenthem under or in connection with the contract.

15.2 If, after thirty (30) days from the commencement of such informal negotiations both partieshave been unable to resolve amicably a contract dispute, either party may require adjudicationin an agreed national or international forum, and/or international arbitration.

16.Language and Law

16.1 The language of the contract and the law governing the contract shall be English language andthe Laws of Kenya respectively unless otherwise stated.

17.Force Majeure

17.1 The tenderer shall not be liable for forfeiture of its performance security, or termination for

default if and to the extent that its delay in performance or other failure to perform itsobligations under the Contract is the result of an event of Force Majeure.

18. Spares during the 12 months maintenance period

It is a condition of this Contract that all spares and defective items during the Maintenance period shall be replaced by the Tenderer at his own cost provided that the defects are not asa result of the Employer’s negligence.

19. Training

The Tenderer shall after the completion of the Contract, and before the CompletionCertificate is issued, provide a trainer to instruct the system operators and maintenance

personnel appropriately. During that time the trainer shall go through all the problems thatare likely to occur during the System operation including the steps to be taken to reducedamage in case the system malfunctions.

All the costs pertaining to the training and demonstrations shall be borne by the Tenderer.



24

SECTION D

SPECIAL CONDITIONS OF CONTRACT

1. Compliance with EMCA 1999

The incinerator and all it installation must fully be done in full compliance of the THIRD

SCHEDULE (Regulations 26, 47) STANDARD FOR TREATMENT AND DISPOSAL OFWASTES of EMCA 1999(Waste Management regulations 2006)

2. Application

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

General Conditions of Contract.

3. Definitions (Clause 1)

The Client is Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot

Road, Parklands, P.O. Box 47936 - 00100 GPO, Nairobi. Kenya and includes thePurchaser's legal representatives successors or assigns.

4. Performance Security

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

5. Method Of Payment

(a) For Local Contractors within Kenya, Kenya Electricity Generating Company's payment

terms are within 30 days upon receipt of certified invoices and delivery notes confirmingthat the invoiced material has been delivered and is in accordance with the contract.

(b) For those outside Kenya, Kenya Electricity Generating Company Limited preferredterms of Payment are by irrevocable Letter of Credit which means that payment shall

be by unconfirmed Letter of Credit drawn in your favour, should you require a

confirmed letter of credit, then all confirmation charges both in and outside Kenyashall be to beneficiary's account. Any letter of credit extension/amendment chargesthat may result due to beneficiary's delays or mistakes shall be to their account.



Supply, Installation and Commissioning of An Incinerator in Eastern Hydros [ Page 25

A. SCHEDULE OF REQUIREMENTS & TECHNICAL SPECIFICATIONS

SCHEDULE OF REQUIREMENTS

1.1Obligation of Contractor

The contractor shall in accordance with the contract provide all necessary materials and labor,superintendence to carry out the works diligently during the duration of the contract.

1.2 Setting out

The contractor shall get measurements on site, set out the areas to be worked on as directed by the Engineer. Provision of all necessary instruments, appliances and labour for such

purpose shall be the Contractors responsibility. The checking of any setting out by theEngineer shall not relieve the contractor of his responsibility for the accuracy of the work.

1.3 Site Data

The tender shall be deemed to have been based on such data on environmental, health andsafety, security and general conditions on the site and for the operation of the works.

1.4 Program of Works

The contractor shall submit to the Engineer for his approval the program for the execution ofthe works in form of a Gant Chart. No alteration to the program shall be made without the

approval of the Engineer. An update of the program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the

remaining work, including any changes to the sequence of the activities.

1.5 Environment and Safety Precautions

The Client Shall be responsible of carrying out the environmental impact assessment

(ESIA) of this project .The contractor shall be responsible for the implementation of theEnvironmental Management program on the site.

1.6 Clearance of Site

The contractor shall from time to time during the progress of the works clear away andremove all surplus materials and rubbish. On completion of the works the contractor shallremove all contractor’s equipment and leave the whole of the site and the works clean and in

a workmanlike condition, to the satisfaction of the officer in charge. The contractor will be

expected to carry out the decommissioning the site to the satisfaction of the officer incharge.

2.1Examination of Work before Covering Up

No part of the work shall be covered up or put out of view without the approval of the

Engineer. The contractor shall give notice to the Engineer whenever any such part of theworks to be ready for examination. The contractor shall permit the Employer to carry out

relevant inspections of work in progress or completed to determine conformity to the terms




and requirements indicated in the contract and thus ensure satisfactory quality of work to be

provided to the Employer.

2.2Removal of Improper Work, Materials or Plant

The Officer in charge shall have authority to issue instructions from time to time for:-

a) The removal from site, within such time or times as may be specified in theinstruction, of any materials or plant which, in the opinion of the officer, are not inaccordance with the contract.

b) The substitution with proper and suitable materials as per the contract if materialfound in use is found to be non-conforming.




SECTION E

TECHNICAL SPECIFICATIONS FOR THE INCINERATOR

1. SCOPE OF WORK

The work specified in the contract will include.

1. Supply, install and commission an incinerator as provided in the technical specifications

2. Provision for adherence to OSHA and other statutory requirement relating to Health andSafety of workers during execution of the works covered in this tender.

3. Assessment and preparation and construction of a standard incinerator shed with one wastestorage room ( see the design )

4. Provision of operation and maintenance manuals and drawings complete with maintenanceschedule and instructions.

5. Fuel oil storage tank- Mild steel1500 liters capacity

6. Onsite training for operation and maintenance staff.

IMPORTANT

To enable the Employer undertake conclusive evaluation of the tender, tenderers are

requested to submit with their offers the detailed specifications, drawings and

catalogues with commissioning and maintenance instructions for the Incinerator they

intend to supply, install and commission.

Tenderers who fail to comply with this requirement fully shall have their tenders

rejected.

2. TECHNICAL SPECIFICATIONS OF THE REQUIRED INCINERATOR

2.1 General Description

The plant must have four distinct sections that demonstrate three principles of turbulence, residencetime and temperature retention. The regulated sections may include but not limited to:

1. Overall plant layout2. Feed chamber/charging

3.

Primary combustion chamber4. Particulate scrubbers

5. Acid gas scrubbers.6. The stack/chimney.

7. Minimum capacity of primary chamber = 0.18 cubic metres8. Burn rate (rate of waste incineration) = a least 20 kg per hour9. Should have a full width counterbalance loading door allowing easy access to the main

chamber for loading and removing ash.




10. The INCINERATOR should be NEMA approved in accordance with Environmental

management and coordination (Waste management) Regulations of 2006

2.2 Feeding and Charging

Controlled hygienic mechanical feeding that does not negatively influence the air temperature in the

primary and secondary chambers of the incinerator shall be used.

2.3 Primary Combustion Chamber.

a) This chamber should be equipped with burners that use low sulphur fuel.

b) The chamber should ensure a minimum exit temperature of 850 degrees centigrade.

2.4 Secondary Combustion Chamber (After burner)

a) Should be fitted with burners that use low sulphur fuel. b) Ensure secondary air supply is controlled.c) Ensure residence time is not less than two seconds.

d)

Ensure that the gas temperature as measured against the inside wall in the secondarychamber and not in the flame zone is not less than 1100 degrees centigrade.e) Ensure the emitted oxygen content of the emitted gases is not less than 11%f) Ensure both primary and secondary combustion temperatures are maintained until all

waste is completely combusted.

2.5 Particulate Removers

A mechanical particulate collector must be incorporated after secondary combustion chamber for

removal of particulate pollutants entrained in the flue gas stream. The particulate collectors mayinclude any of the following or a combination thereof:

a) Cyclone separator

b)

Electrostatic precipitatorsc) Fabric filters

2.6 Chimney/Stack

l) The chimney should have a minimum height of 10 metres above ground level and clearthe highest point of the building by not less than 3 metres for all roofs. The topography

and height of adjacent buildings within 50 metres radius should be taken into account.m) The chimney should be visible to the operator from the feeding area.n) The minimum exit velocity should be 10 metres per second and at least twice the

surrounding wind speed (Efflux velocity = wind speed x 2) whichever is higher to ensureno down washing of exiting gases.

o) The point for measurement of emissions shall be provided.

2.7 Instrumentation

a) Instrument for determining the inside wall temperature and not burner flame temperaturemust be provided for both primary and secondary chambers.

b) An audible and visible alarm must be installed to warn the operator when the secondarychamber temperature drops to below the required temperature.

c) A carbon monoxide and oxygen meter/recorder should be provided.




d) A smoke density meter/recorder should be provided.

e) A solid particulate meter/recorder should be provided.f) Any other instrument that may be considered necessary.

2.8 Location / Siting of the Incinerator

a) The incinerator must be sited in accordance with the relevant local municipal authority planning regulations and the topography of the site must be compatible with premises inthe neighborhood.

2.9 Emission Limits

a) Combustion efficiency (C.E) shall be at least 99.00% where C.E = %Carbon dioxide x100 / [% Carbon dioxide + carbon monoxide]

b) The temperature of the primary chamber shall be 800 +/- 50 degrees centigrade

c) The secondary chamber gas residence time shall be at least 1 second at 1050 +/- 50degrees centigrade with 3% oxygen in the stack gas.

d) Opacity of the smoke must not exceed 20% viewed from 50 metres with naked eyes.

e) All the emission to the air other than steam or water vapour must be odourless and free ofmist, fume and droplets.

f) A 99.99% destruction and removal efficiency (DRE) for each principal organic hazardousconstituent (POHC) in the waste feed where DRE [ ( Win - Wout) /Win ] x 100 where

Win = mass feed rate of the POHC in the waste stream fed to incinerator and Wout =mass emission rate of POHC in the stack prior to the release to the atmosphere.

g) The average dioxin and furan concentration in the emission should not exceed 80mg/m3total dioxins and furans if measured for a period of 6 to 16 hours.




SECTION F: BILL OF QUANTITIES.

SCHEDULE 1ERECTION OF INCINERATOR BUILDING

ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT

1 Allow for mobilization anddemobilization to and fro the sites.

SUM

2 Clear site of bushes, shrubs and

undergrowth and clear away

M2 24

3 Excavate over site to remove

average 150mm deep to remove

vegetable soil and wheel and

deposit where directed on site.

M3 3

4 Excavate trench for foundation not

exceeding 1.50 m deep, startingfrom the stripped levels.

M3 17

5 Return, fill in and ram selectedexcavated material around

foundations

M2 10

6 Load surplus excavated material

and cart away from site.

M3 7

7 300mm thick hardcore bed of

handpicked stone base, well rolled

and blinded with fine material.

M3 4.5

8 500 Gauge polythene sheeting laidon blinded hardcore.

2.25

8 Plain concrete class F blinding to

surface bed.

M2 0.75

9 Supply and place reinforcedconcrete to slab 100mm thick

,reinforced with y10 both directions

CM 1.73

10 Supply and erect fare faced masonry

walling joined in (1:3) mortar.

M2 57

11 Ditto plaster to masonry walling. M2 57

12 Ditto to prime and two coats ofemulsion paint

M2 57

13 Supply and erect a reinforced

concrete slab 150mm thick

reinforced with y10@200mm c/c both ways.

CM 2.1

14 Supply and erect window to wallopening(1500mmwide x1200mm

high

NO 2

15 Supply and place metal doors withmetal frames to wall openings

NO 2

16 Allow for prime stop and three SUM




coats of gross paint to doors and

windows

17 Allow for supply of electrical

installation for lighting points(2no).

NO 2

Boundary wall

1 Excavate the foundation footing on

soil to stable ground in all type of

soil. Excavations shall be to aminimum depth of 1.5m depths

unless otherwise determined by the

engineer based on special site

conditions encountered

m3 27

2 Allow for extra excavation on rocks SUM

3 Provide and place 50mm thick

concrete class 15 blinding for

foundation and footing

m3 9

4 Supply and install class 20reinforced concrete to columns

bases at 3m intervals along the

boundary.

m3

5 Supply and install 200mm thick

masonry stones using mortar mix

1:3 with 25mm hoop iron onalternative courses filded into the

columns. Allowing for keying of

alternate courses and at column andwall joints.

M2 21.6

6 Provide material and install 25mmthick expansion joint at 3m interval

along the boundary wall

NO. 12

7 Supply and install reinforced

concrete class 20 top

beam(200x200) concrete

m3 1.44

8 Supply and install metal gates 2400mm

X 200mm high overall in two leafs.

Each leaf comprising of

100mmX175mmX6mm thick RHS

frame all round, 2NO 50mm X 25mm X

2mm thick RHS horizontal

intermediate rails to form 6 panels per

leaf. Panels to be of 2mm thick mild

steel sheets.

SUM

9 Allow for painting the gates to

Specifications

SUM

10 Supply and fix on the constructed M 36




boundary wall fence 300m diameter

razor wire concertina coil on top ofthe wall. Installation to cover the

double gates to allow free opening.

Allow for all the accessories and

fixtures in the supply andinstallations

COST OF WORK

ADD TAXES

SUM CARRIEDTO SCHEDULE 2,

ITEM NO. 2

2000mm3000mm

3000mm

PLAN

125mm thick reinforced slab y10 @250mmc/c with 25mm thick screed

to slope

Masonry walling

FRONT VIEW



33

SCHEDULE 2

PRICE & SCHEDULE OF REQUIREMENTS II

SUPPLY, INSTALLATION AND COMMISIONING OF AN INCINERATOR

1 2 3 4 5 6

Item Description Unit of

sale

Quantity Unit price Total price

1. Supply, install, and commission theincinerator as specified.

LOT 1

2. Construct a standard incinerator housing

facility with one waste storage room andfencing ( Total cost of schedule 1)

LOT 1

4. Supply / adhere to the requirement ofOSHA 2007 act Sections49,50,5160,61,77,78,79,80,81,100 and101

Lot 1

5. Onsite training of Operation and

Maintenance staff.

LOT 1

6. All the key Spares (Attach a separate List) Lot 1

7. Supply and install 1500 liters Fuel oilstorage tank and it secondary containmentwith Diesel oil level indicator and

necessary piping with valves for visualchecking of fuel level.

Lot 1

8. Supply of Operation and Maintenance

Manuals. LOT

1

9.

All other items not specified but necessary tocomplete the Installation. A separate list ofthese items to be attached.

LOT 1

Sub Total

Discount (%) if any

Applicable Taxes and Duties

Total Cost in Kshs

TOTAL CARRIED TO THE FORM OF TENDER: ________________________________




PROJECT COMPLETION PERIOD: ____________________________________________

ADDITIONAL ITEMS NOT SPECIFIED BUT NECESSARY FOR PROJECT COMPLETION:

_____________________________________________________________ ___________________________________________________________________________

___________________________________________________________________________

TENDERER’S NAME: _______________________________________________________

TENDERER’S SIGNATURE__________________________________________________

COMPANY'S RUBBER STAMP_______________________________________________

Note: In case of discrepancy between unit price and total, the unit price shall prevail




SAMPLE FORMS

NOTES ON THE SAMPLE FORMS

The Tenderer shall complete and submit with its Tender the Tender Form and Price Schedules in

accordance with the requirements included in the Tender documents.

The Tenderer should provide the Tender Declaration Form; either in the form included hereafter orin another form acceptable to the purchaser but must be in the issuing Banker’s letterhead.

The successful Tenderer will complete the Contract Form during the finalization of the contractaward.

The Performance security Form should be completed by the successful Tenderer who will berequired to provide performance security in accordance with the forms indicated herein or in the

another form acceptable to the purchaser but must be on the letter head of the issuing bank.




SECTION G

TENDER FORM

To: Kenya Electricity Generating Company Limited,Stima Plaza Phase III, Kolobot Road, Parklands,P.O Box 47936-00100,

NAIROBI. Kenya.

Gentlemen and/or Ladies:

SUPPLY, INSTALLATION AND COMMISSIONING OF AN INCINERATOR IN

EASTERN HYDROS

Having examined the Tender documents and the site for the execution of the above works including,

the receipt of which is hereby duly acknowledged, we, the undersigned, offer to execute and completesuch works and remedy any defects therein in conformity with the said Tender documents for the sumof _______________________________________________________________________________

Or such other sums as may be ascertained in accordance with the Schedule of Rates attached herewith

and made part of this Tender.

The equipment supplied shall be under warranty for a period of________________________

We undertake, if our Tender is accepted, to commence the works as soon as possible after receipt ofthe Letter of Acceptance and to complete the works comprised in the contract within our stipulated

duration of_________________________________________________

If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10%

percent of the Contract Price for the due performance of the Contract, in the form prescribed by theEmployer.

We agree to abide by this Tender for a period of 120 days from the date fixed for Tenderopening under Clause 15 of the Instructions to Tenderers, and it shall remain binding upon us and

may be accepted at any time before the expiration of that period.

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

After the initial 12 months Maintenance period, we undertake to service the Incinerator as perattached service contract and to provide the necessary spares to keep the Incinerator in full working

order.Our service contract is Kshs…………………………………… per month/quarter/year.

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

Dated this ________________ day of ________________ 2013.

[Signature] [In the capacity of]

Duly authorized to sign Tender for and on behalf of




SECTION H

CONTRACT FORM

THIS AGREEMENT made the _____ day of _________________ 2013 between Kenya ElectricityGenerating Company Limited of Kenya (hereinafter called “the Employer”) of the one part and

__________________________________________ (hereinafter called “the Contractor”) of the other part:

WHEREAS the Employer invited tenders for Incinerator and ancillary services has accepted a tender

by the Contractor for the provision of the supply in the sum of ________________________________________________________________________ ___________(words) _________________ (figures] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

to them in the Conditions of Contract referred to.

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

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

(b) The Schedule of Requirements;

(c) The General Conditions of Contract;

(d) The Special Conditions of Contract; and

(e) The Employer’s Notification of Award.

3. In consideration of the payments to be made by the Employer to the Contractor as hereinaftermentioned, the Contractor hereby covenants with the Employer to provide the services and to remedy

defects therein in conformity in all respects with the provisions of the Contract

4. The Employer hereby covenants to pay the Contractor in consideration of the provision of theIncinerator and the remedying of defects therein, the Contract Price or such other sum as may become

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

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

Signed

for the Employer in the presence of:




SECTION I

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

To: Kenya Electricity Generating Company Limited,Stima Plaza Phase III, Kolobot Road, Parklands,P.O Box 479360-00100,

NAIROBI. KENYA

WHEREAS _____________________________________________________ [name of Contractor](hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. ___________dated ______________________ 2013 to provide

_________________________________________________________________________________ _________ ( hereinafter called “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnishyou with a bank guarantee by a reputable bank for the sum specified therein Performance Security forcompliance 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 theContractor, up to a total __________________________________________________________

_____________________(words)_____________(figures],and we undertake to pay you, upon yourfirst written demand declaring the Contractor to be in default under the Contract and without cavil orargument, 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 __________2013.

Signature and seal of the Guarantors

[name of bank]

[address]

[date]




SECTION K: SITE VISIT CONFIRMATION

I, ……………………………………………………… representing

………………………………………………………………. (Tenderer) have visited the siteand confirmed the specific project requirements for supply, installation and commissioning ofan incinerator in Eastern Hydros.

……………………………………………………. Signed

[Name of Contractor]

[Address]

[Date]

In the presence of

Environment officer - Eastern Hydros

[Date]




SECTION L: SCHEDULE OF WORKS SATISFACTORILY CARRIED OUT BY THE

TENDERER WITHIN THE LAST FIVE YEARS

NO. DESCRIPTION OF WORKS VALUE OF WORKS(KSHS)

YEAR COMPLETED

I hereby certify that the above have been successfully carried out and completed by us.

[Signature and stamp of tenderer]

[Address]

[Date]




SECTION M

QUALIFICATION INFORMATION

1. Individual Tenderers or Individual Members of Joint Ventures

1.1 Constitution or legal status of tenderer (attach copy or Incorporation Certificate);

Place of registration: ____________________________

Principal place of business _____________________________

Power of attorney of signatory of tender ____________________

1.2 Total annual volume of similar work performed in the last five years

Year Volume

Currency Value

1.3 Work performed as Main Contractor on works of a similar nature and volume over

the last five years. Also list details of work under way or committed, includingexpected completion date.

Project name Name of client Type of work Value ofand contact performed and Contract

person year ofcompletion

_________ ___________ __________ ___________

_________ ___________ __________ ___________

_________ ___________ __________ ___________

1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List all

information requested below.

Item ofEquipment

Description,Make and age

(years)

Condition(new,good, poor) and

number available

Owned, leased(from whom?), or

to be purchased(from whom?)

_____________ _____

_________(etc.)

__________________ __________________

________________ ________________

_

1.5 Qualifications and experience of key personnel proposed for administration andexecution of the Contract. Attach biographical data.

Position Name Years of experience(general)

Years of experience in proposed position

Project Manager




__________________

___________________

(etc.)

1.6 Financial reports for the last five years: balance sheets, profit and loss statements,auditor’s reports, etc. List below and attach copies.

____________________________________________________________________

__________________________________________________________

1.7 Evidence of access to financial resources to meet the qualification requirements:cash in hand, lines of credit, etc. List below and attach copies of supportivedocuments.

____________________________________________________________ ____________________________________________________________

_____________________________________________

1.8 Name, address and telephone, telex and facsimile numbers of banks that may provide

reference if contacted by the Employer.

_______________________________________________________________ _______________________________________________________________

1.9 Statement of compliance with the requirements of Clause 1.2 of the Instructions toTenderers.

____________________________________________________________ ____________________________________________________________

_____________________________________________

1.10 Proposed program (work method and schedule) for the whole of the Works.




SECTION L

MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE ( Must be filled by all applicants or tenderers’ who choose to participate in this tender )

Name of Applicant (S)

………………………………………………………………………………………………….

You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c),

whichever applies to your type of business. Part 2 (d) to part 2(i) must be filled.

You are advised that giving wrong or false information on this Form will lead to automaticdisqualification / 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$/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 Propri etors

Full names …………………………..………………………………..……………………….

Nationality ………………………………………….. Country of Origin …………....………

*Citizenship details…………………………………………………..……..………………….




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

public companies)

Part 2 (b) – Partnerships

Give details of partners as follows:

Full Name Nationality Citizenship Details Shares

1

2

3

4

Company Profile ……………………….( Attach brochures)

Part 2 (c) – Registered Company

Private or public …………………………………………….

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

State the nominal and issued capital of the Company Nominal KShs ……………………..………………………….

Issued KShs ………………………..………………………….

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

Give details of all directors as follows:-

NOTE: THIS SECTION MUST BE FILLED TO QUALIFY FORDOMESTIC PREFERENCE.

Full Name Nationality Citizenship

Details

Percentage of

Shares

Age/Gender

1

2

3

4

Part 2 (d) – Debarment

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

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

Full Names ………………………………………Signature………………………………….

Dated this ……………………………………………day of ……………………………2013.

In the capacity of ………………………………………………………………………………




Duly authorized to sign Tender for and on behalf of …………………………………………

Part 2 (e) – Criminal Offence

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

a) ……………………………………………………………………….………..

b) …………………………………………………………………………..….…

c) …………………………………………………………………………………

d) …………………………………………………………………………………

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a

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

Signed……………………………………………………………………………….…………

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

Dated this ……………………………………day of ………………………………….2013.

Suppliers’ / Company’s Official Rubber Stamp ………………………………………………

Part 2 (f) – Confl ict of I nterest

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

procurement:

a) …………………………………………………………………………………

b) …………………………………………………………………………………

c) …………………………………………………………………………………

d) …………………………………………………………………………………

For and on behalf of M/s ………………………………………………………………………


Dated this ……………………………day of …………………………………………….2013

Suppliers’ / Company’s Official Rubber Stamp ………………………………………………

Part 2 (g) – I nterest in the F irm:

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

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

Institution Title Signature Date

1

2

3

4




Part 2(h) – Exper ience

Please list here below similar projects accomplished or companies / clients you have suppliedwith similar items or equipments in the last two (2) years.

Company

Name

Country Contract/Order

No.

Value Contact

person

(Full Names)

E-mail

address

Cell

phone

No.

1

2

3

4

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

Part 2(i) – Declaration

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

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

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

Full names …………………………………………………………………………………… Signature………………………………………………………………………………………

For and on behalf of M/s ………………………………………………………………………


Dated this ………………………day of …………………………………………….2013. Suppliers’ / Company’s Official Rubber Stamp ………………………………………………

*Attach proof of citizenship

* Attach certified copies of the following documents:

a) Previous orders from companies supplied before

b) Certificate of Incorporation / Registrationc) Tax Compliance Certificate (for local suppliers)

d) Copy of Bank Statements for the last Six Months/Bank Reference Letter

e) Certificate of Registration in a target group issued by the Ministry of Finance orRespective County Treasury

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




SECTION O

MANUFACTURER’S AUTHORIZATION FORM

To: KENYA ELECTRICITY GENERATING COMPANY LIMITED

WHEREAS ………………………………………………………………………………….

[Name of the Manufacturer]Who are established and reputable manufacturers of………………………………………….

[name and/or description for Goods]

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 tenderfor SUPPLY, INSTALLATION AND COMMISSIONING OF AN INCINERATOR IN

EASTERN HYDROS

for the above Goods manufactured by us.

We hereby extend our full guarantee and warranty as per the General Conditions of Contractfor the Goods 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.




SECTION H

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

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

To: Kenya Electricity Generating Company

We, the undersigned, declare that:

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

2. We accept that we will automatically be suspended from being eligible for bidding in

any contract with the Purchaser for the period of time of [12 months] starting on[insert date of signing this form], if we are in breach of our obligation(s) under the bid

conditions, because we – a) Have withdrawn our Bid during the period of bid validity specified by us in the

Bidding Data Sheet; or b) Having been notified of the acceptance of our Bid by the Purchaser during the

period of bid validity,

(i) Fail or refuse to execute the Contract, if required, or

(ii) Fail or refuse to furnish the Performance Security, in accordance with theITT.

3. We understand that this Bid Securing Declaration shall expire if we are not the

successful Bidder, upon the earlier of(i) Our receipt of a copy of your notification of the name of the successful

Bidder; or(ii) Thirty days after the expiration of our Tender.

4. We understand that if we are a Joint Venture, the Bid Securing Declaration must be inthe name of the Joint Venture that submits the bid, and the Joint Venture has not been

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

names of all future partners as named in the letter of intent.

Signed: [insert signature of person whose name and capacity are shown] in the capacity of

[insert legal capacity of person signing the Bid Securing Declaration]

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

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

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



SECTION Q: EVALUATION CRITERIA SCORING

Technical evaluation criteria

No Technical parameters Details Score

1. Incinerator design approved by NEMA - Class 2B:

Show evidence of approval 5

2. Guarantee period 12 months and aboveguarantee/warranty

5

3. Previous experience in thesupply, installation and

commissioning ofincinerators;

3 or more similar project 6

2 similar project 5

1 similar project 3

0 Similar projects 0

4. Maintenance Contract 1 year maintenance contract 5

5. work rate More than 50kg per day 5

6. Basic Plan design Provide Overall plant layout. With

,Feed chamber/ charging,PrimaryCombustion Chamber.SecondaryCombustion Chamber.ParticulateScrubbers.,Acid Gas Scrubbers,The

stack/ chimney

5

7. Standard control panel Provide as per technical specification 7

8. Emission Limits Provide as per technical specification 5

9. Instrumentation Provide as per technical specification 5

10. Primary CombustionChamber

Provideas per technical specification 5

11. Secondary Combustion

Chamber (Afterburner

Provide as per technical specification 5

12. Country of origin European or America/ Japan 4

13. other countries 1

14. Fuel oil storage tank Mild steel 1500 liters capacity 5

15. Chimney 10 meter from the ground 5

16. The requirement of OSHA2007 Act

Total to Adherence to Sections49,50,5160,61,77,78,79,80,81,100and101

6

17.Oil storage tank 1500 liters Fuel 5

Fuel tank secondary containment 5

Diesel oil level indicator andnecessary piping with valves for

visual checking of fuel level

3

Maximum score 100

Important

The bidder must score 80% and above in technical evaluation to qualify for