kgn wh turk 04 2013 tender for design, supply, installation, test and commissioning of fire...

8/14/2019 KGN WH TURK 04 2013 Tender for Design, Supply, Installation, Test and Commissioning of Fire Protection System

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KENYA ELECTRICITY GENERATING COMPANY

LIMITED

KGN-WH-TURK-04-2013

TENDER FOR DESIGN, SUPPLY, INSTALLATION,

TEST AND COMMISSIONING OF FIREPROTECTION SYSTEMS FOR TURKWEL POWER

STATION.

Kenya Electricity Generating Company Limited.

Stima Plaza Phase III. Kolobot Road. ParklandsP.O Box 47936,

Nairobi-Kenya

Website:www.kengen.co.ke

November 2013
http://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/http://www.kengen.co.ke/


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Tender for Design, Supply, Installation, Test and commissioning of Fire Protection systems for Turkwel Power station

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CONTENTS

SECTION

PAGE

TABLE OF CONTENTS ...........................................................2

SECTION A :INVITATION FOR TENDERS..............................................................................3

SECTION B : NSTRUCTIONS TO TENDERERS...............................4

SECTION C : GENERAL CONDITIONS OF CONTRACT.................19

SECTION D : SPECIFIC CONDITIONS OF CONTRACT....................25

SECTION E :TECHNICAL SPECIFICATIONS ....................................................................31

SECTION F: TECHNICAL SCHEDULE OF REQUIREMENTS .......................37

SECTION G: BILL OF QUANTITIES - PRICE SCHEDULES............................................53

SECTION H : STANDARD FORMS ............................62


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SECTION A

INVITATION TO TENDER

The Company invites sealed tenders from eligible candidates for Design, manufacture, Supply,

Installation, Test and commissioning of Fire protection systems for Turkwel power stationwhose

specifications are detailed in the Tender Documents.

Interested firms may obtain further information from, and inspect the Tender Document at the office ofthe Supply Chain Manager, Tel: (254) (020) 3666000, Fax: (254) (020) 3666200 Email:[email protected],[email protected]:[email protected]

Where the tender document may be collected upon payment of a non-refundable fee of KShs.1,000.00paid in cash or through a bankers cheque at any KenGen finance office. The document can also beviewed and downloaded from the websitewww.kengen.co.ke,and the Bidders who download the tenderdocument from the website must forward their particulars immediately for records and any furthertender clarifications and addenda. Downloaded copies are FREE

Tenders must be accompanied by a security of KES 1,000,000.00as specified in the tender documents,

and must be submitted in a plain sealed envelope marked Tender for Design, Supply, Installation,

Test and Commissioning of Fire Protection Systems for Turkwel Power Station and

addressed/delivered to:

Company Secretary/Legal & Corporate Affairs Director

Kenya Electricity Generating Co. Ltd.

7th

Floor, Stima Plaza Phase III

Kolobot Road, Parklands

P O Box 47936 - 00100NAIROBI, KENYA

On or before:27th

November 2013 at 11.00 a.m.

There will be a MANDATORY SITE VISIT on 19th

November 2013 at 10AM at Turkwel Power

Station

Tenders will be opened on before27th

November 2013 at 11.30 a.m. in the presence of the tenderers

representatives who choose to attend at Stima Plaza III, Executive Committee Room, 7th Floor.

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


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SECTION B

INSTRUCTIONS TO TENDERERS

Note: The tenderer must comply with the following conditions and instructions and failure to do so isliable to result in rejection of the tender.

GENERAL

1.Definitions, Source of funds & Scope1.1. Definitions

(a)Tenderermeans any person or persons partnership firm or company submitting asum or sums in the Bills of Quantities in accordance with the Instructions toTenderers, Conditions of Contract Parts I and II, Specifications, Drawings and Billsof Quantities for the work contemplated, acting directly or through a legallyappointed representative.

(b)Approved tenderer means the tenderer who is approved by the Employer.

(c)Any noun or adjective derived from the word tendershall be read and construedto mean the corresponding form of the noun or adjective bid. Any conjugation ofthe verb tender shall be read and construed to mean the corresponding form of theverb bid.

(d)Employer means Kenya Electricity Generating Company Limited

[hereinafter also referred as KenGen or Client]

1.2.

Source of funds

KenGen proposes to finance the Project from its own funds.

1.3. Scope of Contract

The contract shall provide for Design, Supply, installation, Test and Commissioning ofFire Protection Systems for Turkwel Power station as detailed in the technicalspecifications.

2. Eligibility and Qualification Requirements2.1.

This invitation to tender is open to all tenderers who wish to tender.

2.2. To be eligible for award of Contract, the tenderer shall provide evidence satisfactory tothe Employer of their eligibility as requested under Section Fof this document and oftheir capability and adequacy of resources to effectively carry out the subject Contract.To this end, the tenderer shall be required to submit the following information:-


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(a) Details of experience and past performance of the tenderer on the works of asimilar nature within the past five years and details of current work on hand andother contractual commitments.

(b) The qualifications and experience of key personnel proposed for administrationand execution of the contract, both on and off site.

(c) Major items of construction plant and equipment proposed for use in carrying out

the Contract. Only reliable plant in good working order and suitable for the workrequired of it shall be shown on this schedule. The tenderer will also indicate onthis schedule when each item will be available on the Works. Included alsoshould be a schedule of plant, equipment and material to be imported for thepurpose of the Contract, giving details of make, type, origin and CIF value asappropriate.

(d) Details of subcontractors to whom it is proposed to sublet any portion of theContract and for whom authority will be requested for such subletting inaccordance with clause 4 of the Conditions of Contract.

(e)

A draft Program of Works in the form of a bar chart and Schedule of Paymentwhich shall form part of the Contract if the tender is accepted. Any change in theProgram or Schedule shall be subjected to the approval of the Engineer.

(f) Details of any current litigation or arbitration proceedings in which the Tendereris involved as one of the parties.

2.3. Joint Ventures

Tenders submitted by a joint venture of two or more firms as partners shall complywith the following requirements:-

(a) The tender, and in case of a successful tender, the Form of Agreement, shall besigned so as to be legally binding on all partners.

(b) One of the partners shall be nominated as being in charge; and this authorizationshall be evidenced by submitting a power of attorney signed by legallyauthorized signatories of all the partners.

(c) The partner in charge shall be authorized to incur liabilities and receiveinstructions for and on behalf of any and all partners of the joint venture and theentire execution of the Contract including payment shall be done exclusively

with the partner in charge.

(d) All partners of the joint venture shall be liable jointly and severally for theexecution of the Contract in accordance with the Contract terms, and a relevantstatement to this effect shall be included in the authorization mentioned under (b)above as well as in the Form of Tender and the Form of Agreement (in case of asuccessful tender).

(e) A copy of the agreement entered into by the joint venture partners shall besubmitted with the tender.


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3.Cost of TenderingThe tenderer shall bear all costs associated with the preparation and submission of his tender andthe Employer will in no case be responsible or liable for those costs, regardless of the conduct oroutcome of the tendering process.

4.Site VisitThe tenderer is advised to visit and examine the Site and its surroundings and obtain for

himself on his own responsibility, all information that may be necessary for preparing

the tender and entering into a contractincluding assessment of the following:

a) Examined all the information made available by the Employer for the purpose oftendering including the drawings, Specification, Schedule of requirements,Conditions of Tendering, diagrams, Contract conditions, and the like;

b) Examined all information relevant to the risks, contingencies and othercircumstances which could affect its tender, and which is obtainable by makingreasonable inquiries;

c)

Examined the site and its surroundings, all visible existing conditions on andadjacent to the site and any condition relating to or relevant to the site, whichcould be determined by diligent inquiry;

d) Conditions of access to, in and around the site;e) Location of all existing services on the site and adjacent to the site;f) Informed itself as far as practicable of all relevant physical conditions on the

site, and the climatic conditions at or near the site;g) The nature and requirements of the work to be done;h) Terminal operational matters which could affect working conditions on the site;i) Satisfied itself as to the correctness and sufficiency of its tender for the Works

under the Contract;

j)

Satisfied itself that the prices stated therein cover the cost of performing all itsobligations under the Contract, and

k) The Contract Sum is deemed to have taken into account (without limitation) theabove considerations.

4.1. The tenderer and any of his personnel or agents will be granted permission by theEmployer to enter upon premises and lands for the purpose of such inspection, but onlyupon the express condition that the tenderer, his personnel or agents, will release andindemnify the Employer from and against all liability in respect of, and will beresponsible for personal injury (whether fatal or otherwise), loss of or damage toproperty and any other loss, damage, costs and expenses however caused, which but for

the exercise of such permission, would not have arisen.

4.2. The Employer shall organize a site visit at a date to be notified. A representative of theEmployer will be available to meet the intending tenderers at the Site.

Tenderers must provide their own transport. The representative will not be available atany other time for site inspection visits other than the date and time specified.


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Each tenderer shall complete the Certificate of Tenderers Visit to the Site, whether he infact visits the Site at the time of the organized site visit or by himself at some other time.

4.3. For those Tenderers who will not visit the site, their bids shall be deemed nonresponsive. The costs of visiting the Site shall be the tenderers own responsibility. Sitevisit will be on 19

TH, November 2013 at 10.00 AM

TENDER DOCUMENTS

5.Tender Documents5.1. The Tender documents comprise the documents listed here below and should be read

together with any Addenda issued in accordance with Clause 7 of these instructions totenderers.

a. Form of Invitation for Tendersb. Instructions to Tenderersc. Form of Tenderd. Form of Tender Security

e.

Statement of Foreign Currency Requirementsf. Form of Performance Securityg. Form of Agreementh. Form of Advance payment Bank Guaranteei. Schedules of Supplementary Informationj. General Conditions of Contractk. Conditions of Particular Applicationl. Specificationsm. Bills of Quantitiesn. Drawingso. Technical Schedules

5.2. The tenderer is expected to examine carefully all instructions, conditions, forms, terms,specifications and drawings in the tender documents. Failure to comply with therequirements for tender submission will be at the tenderers own risk. Pursuant to clause

22 of Instructions to Tenderers, tenders, which are not substantially responsive to therequirements of the tender documents, will be rejected.

5.3. All recipients of the documents for the proposed Contract for the purpose of submitting atender (whether they submit a tender or not) shall treat the details of the documents asprivate and confidential.

6.Clarification of Tender Documents6.1. A prospective tenderer requiring any clarification of the tender documents may notify

the Employer in writing or by telex, cable, e-mail or facsimile at the Employers mailingaddress indicated in the Invitation to Tender. The Employer will respond in writing toany request for clarification which he receives earlier than 28 days prior to the deadlinefor the submission of tenders. Written copies of the Employers response (including thequery but without identifying the source of the inquiry) will be sent to all prospectivetenderers who have purchased the tender documents.


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7.Amendment of Tender Documents7.1. At any time prior to the deadline for submission of tenders the Employer may, for any

reason, whether at his own initiative or in response to a clarification requested by aprospective tenderer, modify the tender documents by issuing Addenda.

7.2. Any Addendum will be notified in writing or by cable, Email, telex or facsimile to allprospective tenderers who have purchased the tender documents and will be binding

upon them.

7.3. If during the period of tendering, any circular letters (tender notices) shall be issued totenderers by, or on behalf of, the Employer setting forth the interpretation to be placedon a part of the tender documents or to make any change in them, such circular letterswill form part of the tender documents and it will be assumed that the tenderer has takenaccount of them in preparing his tender. The tenderer must promptly acknowledge anycircular letters he may receive.

7.4. In order to allow prospective tenderers reasonable time in which to take the Addenduminto account in preparing their tenders, the Employer may, at his discretion, extend the

deadline for the submission of tenders.

PREPARATION OF TENDERS

8.Language of Tender8.1. The tender and all correspondence and documents relating to the tender exchanged

between the tenderer and the Employer shall be written in the English language.Supporting documents and printed literature furnished by the tenderer with the tendermay be in another language provided they are accompanied by an appropriate translationof pertinent passages in the above stated language. For the purpose of interpretation of

the tender, the English language shall prevail.

9.Documents Comprising the Tender9.1. The tender to be prepared by the tenderer shall comprise: the Form of Tender and

Appendix thereto, a Tender Security, the Priced Bills of Quantities and Schedules, theinformation on eligibility and qualification, the Technical Details of offered equipment,and any other materials required to be completed and submitted in accordance with theInstructions to Tenderers embodied in these tender documents. The Forms, Bills ofQuantities and Schedules provided in the tender documents shall be used withoutexception [subject to extensions of the schedules in the same format and to the

provisions of clause 13.2 regarding the alternative forms of Tender Security].

10.Tender Prices10.1. All the insertions made by the tenderer shall be made in INK and the tenderer shall

clearly form the figures. The relevant space in the Form of Tender and Bills ofQuantities shall be completed accordingly without interlineations or erasures exceptthose necessary to correct errors made by the tenderer in which case the erasures andinterlineations shall be initialed by the person or persons signing the tender.


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10.2. A price or rate shall be inserted by the tenderer for every item in the Bills of Quantitieswhether the quantities are stated or not items against which no rate or price is entered bythe tenderer will not be paid for by the Employer when executed and shall be deemedcovered by the rates for other items and prices in the Bills of Quantities.

The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] valueof the work described under the items, including all costs and expenses which may benecessary and all general risks, liabilities and obligations set forth or implied in the

documents on which the tender is based. All duties and taxes and other levies payableby the Contractor under the Contract or for any other cause as of the date 28 days priorto the deadline for the submission of tenders, shall be included in the rates and prices andthe total tender prices submitted by the Tenderer.

Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate forcompleting the activity or activities described under that particular item and the tendereris advised against inserting a price or rate against any item contrary to this instruction.

Every rate entered in the Bills of Quantities, whether or not such rate be associated witha quantity, shall form part of the Contract. The Employer shall have the right to call for

any item of work contained in the Bills of Quantities, and such items of work to be paidfor at the rate entered by the tenderer and it is the intention of the Employer to take fulladvantage of unbalanced low rates.

10.3. The rates and prices quoted by the tenderer are subject to adjustment during theperformance of the Contract only in accordance with the provisions of the Conditions ofContract. The tenderer shall complete the schedule of basic rates and shall submit withhis tender such other supporting information as required under clause 47 of theConditions of Contract Part II.

11.Currencies of Tender and Payment11.1. Tenders shall be priced in Convertible currency.

11.2. Tenderers are required to indicate in the Statement of Foreign Currency Requirements,which forms part of the tender, the foreign currency required by them. Such currencyshould generally be the currency of the country of the tenderers main office. However,

if a substantial portion of the tenderers expenditure under the Contract is expected to bein countries other than his country of origin, then he may state a corresponding portionof the contract price in the currency of those other countries. However, the foreigncurrency element is to be limited to two (2) different currencies.

12.Tender Validity12.1. The tender shall remain valid and open for acceptance for a period of one hundred and

twenty (120) days from the specified date of tender opening or from the extended date oftender opening (in accordance with clause 7.4 here above) whichever is the later.

12.2. In exceptional circumstances prior to expiry of the original tender validity period, theEmployer may request the tenderer for a specified extension of the period of validity.The request and the responses thereto shall be made in writing or by cable, telex orfacsimile. A tenderer may refuse the request without forfeiting his Tender Security. A


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tenderer agreeing to the request will not be required nor permitted to modify his tender,but will be required to extend the validity of his Tender Security correspondingly.

13.Tender Security13.1. The tenderer shall furnish as part of his tender, a Tender Security in the amount stated in

the Appendix to Instructions to Tenderers.

13.2. The unconditional Tender Security shall be in the currency of Tender and be in form of acertified cheque, a bank draft, an irrevocable letter of credit or a guarantee from areputable Bank approved by the Employer located in the Republic of Kenya.

The format of the Security shall be in accordance with the sample form of TenderSecurity included in these tender documents; other formats may be permitted subject tothe prior approval of the Employer. The Tender Security shall be valid till 26

th May

2014

13.3. Any tender not accompanied by an acceptable Tender Security will be rejected by the

Employer as non-responsive.

13.4. The Tender Sureties of unsuccessful tenderers will be returned as promptly as possiblebut not later than thirty (30) days after concluding the Contract execution and after aPerformance Security has been furnished by the successful tenderer. The TenderSecurity of the successful tenderer will be returned upon the tenderer executing theContract and furnishing the required Performance Security.

13.5. The Tender Security may be forfeited:

(a) if a tenderer withdraws his tender during the period of tender validity: or

(b) in the case of a successful tenderer, if he failsI. to sign the Agreement, or

II. to furnish the necessary Performance Security

(c) if a tenderer does not accept the correction of his tender price pursuant to clause 23.

14.No Alternative Offers14.1. The tenderer shall submit an offer which complies fully with the requirements of the

tender documents.

Only one tender may be submitted by each tenderer either by himself or as partner in ajoint venture.

14.2. The tenderer shall not attach any conditions of his own to his tender. The tender pricemust be based on the tender documents. The tenderer is not required to presentalternative construction options and he shall use without exception, the Bills ofQuantities as provided, with the amendments as notified in tender notices, if any, for thecalculation of his tender price.


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Any tenderer who fails to comply with this clause will be disqualified.

15.Pre-Tender Meeting15.1. The tenderers designated representative is invited to attend a pre-tender meeting, which

if convened, will take place at the venue and time stated in the Invitation to Tender. Thepurpose of the meeting will be to clarify issues and to answer questions on any matterthat may be raised at that stage.

15.2. The tenderer is requested as far as possible to submit any questions in writing or bycable, to reach the Employer not later than seven days before the meeting. It may not bepracticable at the meeting to answer questions received late, but questions and responseswill be transmitted in accordance with the following:

(a) Minutes of the meeting, including the text of the questions raised and the responsesgiven together with any responses prepared after the meeting, will be transmittedwithout delay to all clients of the tender documents. Any modification of thetender documents listed in -Clause 9 which may become necessary as a result ofthe pre-tender meeting shall be made by the Employer exclusively through the

issue of a tender notice pursuant to Clause 7 and not through the minutes of the pre-tender meeting.

(b) Non attendance at the pre-tender meeting will not be cause for disqualification of abidder.

16.Format and Signing of Tenders16.1. The tenderer shall prepare his tender as outlined in clause 9 above and mark

appropriately one set ORIGINAL and the other COPY.

16.2.

The copy of the tender and Bills of Quantities shall be typed or written in indelible inkand shall be signed by a person or persons duly authorized to sign on behalf of thetenderer. Proof of authorization shall be furnished in the form of the written power ofattorney which shall accompany the tender. All pages of the tender where amendmentshave been made shall be initialed by the person or persons signing the tender.

16.3. The complete tender shall be without alterations, interlineations or erasures, except asnecessary to correct errors made by the tenderer, in which case such corrections shall beinitialed by the person of persons signing the tender.

SUBMISSION OF TENDERS

17.Sealing and Marking of Tenders16.1. The tenderer shall seal the original and copy of the tender in separated envelopes, duly

marking the envelopes as ORIGINAL and COPY. The envelopes shall then besealed in an outer envelope. However, in addition to the hard copies submittedbidders shall submit electronic CDROM copy of their bid


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17.1. The inner and outer envelopes shall be addressed to the Employer at the address stated inthe Appendix to Instructions to Tenderers and bear the name and identification of theContract stated in the said Appendix with a warning not to open before the date and timefor opening of tenders stated in the said Appendix.

17.2. The inner envelopes shall be indicated the name and address of the tenderer to enable thetender to be returned unopened in case it is declared late, while the outer envelopeshall bear no mark indicating the identity of the tenderer.

17.3. If the outer envelope is not sealed and marked as instructed above, the Employer willassume no responsibility for the misplacement or premature opening of the tender. Atender opened prematurely for this cause will be rejected by the Employer and returnedto the tenderer.

18.Deadline for Submission of Tenders18.1. Tenders must be received by the Employer at the address specified in clause 17.2 and on

the date and time specified in the Letter of Invitation, subject to the provisions of clause7.4, 18.2 and 18.3.

Tenders delivered by hand must be in the office of the Employer before the deadline forTender submission.

Proof of posting will not be accepted as proof of delivery and any tender delivered afterthe above stipulated time, from whatever cause arising will not be considered.

18.2. The Employer may, at his discretion, extend the deadline for the submission of tendersthrough the issue of an Addendum in accordance with clause 7, in which case all rightsand obligations of the Employer and the tenderers previously subject to the originaldeadline shall thereafter be subject to the new deadline as extended.

18.3. Any tender received by the Employer after the prescribed deadline for submission oftender will be returned unopened to the tenderer.

19.Modification and Withdrawal of Tenders19.1. The tenderer may modify or withdraw his tender after tender submission, provided that

written notice of the modification or withdrawal is received by the Employer prior toprescribed deadline for submission of tenders.

19.2. The tenderers modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions for the submission of tenders, with theinner and outer envelopes additionally marked MODIFICATION orWITHDRAWAL as appropriate.

19.3. No tender may be modified subsequent to the deadline for submission of tenders.

19.4. No tender may be withdrawn in the interval between the deadline for submission oftenders and the period of tender validity specified on the tender form. Withdrawal of atender during this interval will result in the forfeiture of the Tender Security.


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19.5. Subsequent to the expiration of the period of tender validity prescribed by the Employer,and the tenderer having not been notified by the Employer of the award of the Contractor the tenderer does not intend to conform with the request of the Employer to extend theprior of tender validity, the tenderer may withdraw his tender without risk of forfeitureof the Tender Security.

TENDER OPENING AND EVALUATION

20.Tender Opening20.1. The Employer will open the tenders in the presence of the tenderers representatives who

choose to attend at the time and location indicated in the Letter of Invitation to Tender.The tenderers representatives who are present shall sign a register evidencing theirattendance.

20.2. Tenders for which an acceptable notice of withdrawal has been submitted, pursuant toclause 19, will not be opened. The Employer will examine the tenders to determinewhether they are complete, whether the requisite Tender Sureties have been furnished,whether the documents have been properly signed and whether the tenders are generally

in order.

20.3. At the tender opening, the Employer will announce the tenderers names, total tenderprice, tender price modifications and tender withdrawals, if any, the presence of therequisite Tender Security and such other details as the Employer, at his discretion, mayconsider appropriate. No tender shall be rejected at the tender opening except for latetenders.

20.4. The Employer shall prepare minutes of the tender opening including the informationdisclosed to those present.

20.5.

Tenders not opened and read out at tender opening shall not be considered further forevaluation, irrespective of the circumstances.

21.Process to be Confidential21.1. After the public opening of tenders, information relating to the examination,

clarification, evaluation and comparisons of tenders and recommendations concerningthe award of Contract shall not be disclosed to tenderers or other persons not officiallyconcerned with such process until the award of Contract is announced.

21.2. Any effort by a tenderer to influence the Employer in the process of examination,

evaluation and comparison of tenders and decisions concerning award of Contract mayresult in the rejection of the tenderers tender.

22.Clarification Tenders22.1. To assist in the examination, evaluation and comparison of tenders, the Employer may

ask tenderers individually for clarification of their tenders, including breakdown of unitprices. The request for clarification and the response shall be in writing or by cable,facsimile, e-mail or telex, but no change in the price or substance of the tender shall besought, offered or permitted except as required to confirm the correction of arithmetical


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errors discovered by the employer during the evaluation of the tenders in accordancewith clause 24.

22.2. No Tenderer shall contact the Employer on any matter relating to his tender from thetime of the tender opening to the time the Contract is awarded. If the tenderer wishes tobring additional information to the notice of the Employer, he shall do so in writing.

23.Determination of Responsiveness23.1. Prior to the detailed evaluation of tenders, the Employer will determine whether each

tender is substantially responsive to the requirements of the tender documents.

23.2. For the purpose of this clause, a substantially responsive tender is one which conforms toall the terms, conditions and specifications of the tender documents without materialdeviation or reservation and has a valid bank guarantee. A material deviation orreservation is one which affects in any substantial way the scope, quality, completiontiming or administration of the Works to be undertaken by the tenderer under theContract, or which limits in any substantial way, inconsistent with the tender documents,the Employers rights or the tenderers obligations under the Contract and the

rectification of which would affect unfairly the competitive position of other tendererswho have presented substantially responsive tenders.

23.3. Each price or unit rate inserted in the Bills of Quantities shall be a realistic estimate ofthe cost of completing the works described under the particular item including allowancefor overheads, profits and the like. Should a tender be seriously unbalanced in relationto the Employers estimate of the works to be performed under any item or groups of

items, the tender shall be deemed not responsive.

23.4. A tender determined to be not substantially responsive will be rejected by the Employerand may not subsequently be made responsive by the tenderer by correction of the non-

conforming deviation or reservation.

24.Correction of ErrorsTenders determined to be substantially responsive shall be checked by the Employer for anyarithmetic errors in the computations and summations. Errors will be corrected by theEmployer as follows:

(a) Where there is a discrepancy between the amount in figures and the amount in words, theamount in words will govern.

(b) Where there is a discrepancy between the unit rate and the line item total resulting frommultiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in theopinion of the Employer, there is an obvious typographical error, in which caseadjustment will be made to the entry containing that error.

(c) The amount stated in the tender will be adjusted in accordance with the above procedurefor the correction of errors and, with concurrence of the tenderer, shall be considered asbinding upon the tenderer. If the tenderer does not accept the corrected amount, the


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tender may be rejected and the Tender Security may be forfeited in accordance withclause 13.

25.Conversion to Single Currency25.1. For comparison of tenders, the tender price shall first be broken down into the respective

amounts payable in various currencies by using the selling rate or rates of the CentralBank of Kenya ruling on the date for the submission of tenders.

25.2. The Employer will convert the amounts in various currencies in which the tender ispayable (excluding provisional sums but including Day works where pricedcompetitively) to Kenya Shillings at the selling rates stated in clause 25.1.

26.Evaluation and Comparison of Tenders26.1. The Employer will evaluate only tenders determined to be substantially responsive to the

requirements of the tender documents in accordance with clause 23. (See Appendix onthis clause)

26.2.

In evaluating tenders, the Employer will determine for each tender the evaluated tenderprice by adjusting the tender price as follows:

(a) Making any correction for errors pursuant to clause 24.

(b) Excluding Provisional Sums and provision, if any, for Contingencies in the Bills ofQuantities, but including Day works where priced competitively.

26.3. The Employer reserves the right to accept any variation, deviation or alternative offer.Variations, deviations, alternative offers and other factors which are in excess of therequirements of the tender documents or otherwise result in the accrual of unsolicited

benefits to the Employer, shall not be taken into account in tender evaluation.

26.4. Price adjustment provisions in the Conditions of Contract applied over the period ofexecution of the Contract shall not be taken into account in tender evaluation.

26.5. If the lowest evaluated tender is seriously unbalanced or front loaded in relation to theEmployers estimate of the items of work to be performed under the Contract, theEmployer may require the tenderer to produce detailed price analyses for any or all itemsof the Bills of Quantities, to demonstrate the relationship between those prices, proposedconstruction methods and schedules. After evaluation of the price analyses, theEmployer may require that the amount of the Performance Security set forth in clause 29

be increased at the expense of the successful tenderer to a level sufficient to protect theEmployer against financial loss in the event of subsequent default of the successfultenderer under the Contract.

AWARD OF CONTRACT

27.Award27.1. Subject to clause 27.2, the Employer will award the Contract to the tenderer whose

tender is determined to be substantially responsive to the tender documents and who has


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offered the lowest evaluated tender price subject to possessing the capability andresources to effectively carry out the Contract Works.

27.2. The Employer reserves the right to accept or reject any tender, and to annual thetendering process and reject all tenders, at any time prior to award of Contract, withoutthereby incurring any liability to the affected tenderers or any obligation to inform theaffected tenderers of the grounds for the Employers action.

28.Notification of Award28.1. Prior to the expiration of the period of tender validity prescribed by the Employer, the

Employer will notify the successful tenderer by cable, telefax or telex and confirmed inwriting by registered letter that his tender has been accepted. This letter (hereinafter andin all Contract documents called Letter of Acceptance) shall name the sum(hereinafterand in all Contract documents called the ContractPrice) which the Employer will payto the Contractor in consideration of the execution and completion of the Works asprescribed by the Contract.

28.2. Notification of award and the Tenderers acceptance thereof will constitute the formation

of the Contract.

28.3. Upon the furnishing of a Performance Security by the successful tenderer, theunsuccessful tenderers will promptly be notified that their tenders have beenunsuccessful.

28.4. Within twenty eight [28] days of receipt of the form of Contract Agreement from theEmployer, the successful tenderer shall sign the form and return it to the Employertogether with the required Performance Security.

29.Performance Guarantee29.1. Within twenty eight [28] days of receipt of the notification of award from the Employer,

the successful tenderer shall furnish the Employer with a Performance Security in anamount stated in the Appendix to Instructions to Tenderers.

29.2. The Performance Security to be provided by the successful tenderer shall be anunconditional Bank Guarantee issued at the tenderers option by an established and areputable Bank approved by the Employer and located in the Republic of Kenya, or aforeign bank through a correspondent bank located in Kenya and shall be divided intotwo elements namely, a performance security payable in foreign currencies (based uponthe exchange rates determined in accordance with clause 35.4 of the Conditions of

Contract) and a performance security payable in Kenya Shillings. The value of the twosecurities shall be in the same proportions of foreign and local currencies as requested inthe form of foreign currency requirements.

29.3. Failure of the successful tenderer to lodge the required Performance Security shallconstitute a breach of Contract and sufficient grounds for the annulment of the awardand forfeiture of the Tender Security and any other remedy under the Contract theEmployer may award the Contract to the next ranked tenderer.

30.Advance Payment


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An advance payment, if approved by the Employer, shall be made under the Contract, ifrequested by the Contractor, in accordance with clause 33.1 of the Conditions ofContract. The Advance Payment Guarantee shall be denominated in the proportion andcurrencies named in the form of foreign currency requirements. For each currency, aseparate guarantee shall be issued. The guarantee shall be issued by a bank located inthe Republic of Kenya, or a foreign bank through a correspondent bank located in theRepublic of Kenya, in either case subject to the approval of the Employer.

31.Tender & Performance SecurityAmount of Tender Security is 5% of the total Tender Value of the Works.The amount of Performance Security is 10% of the total Contract Value of the Works.

Appendix To Clause 22-Criteria To Evaluation and Comparison Of Tenders

No ItemTick WhereProvided

1 Company proof of incorporation (attach certified copy ofIncorporation/ Registration)

2Evidence of payment for the tender document (official receipt if notdownloaded)

3Tender Security/Bid bond of Kes. 1,000,000.00Bank Guarantee valid for 180 days (26

thMay 2014)from date of

closing of tender. Bankers cheque also acceptable.

4Duly completed Price Schedule, Signed and Stamped with date onevery page.

5 Duly completed Tender Form, Signed and Stamped with date.

6 Copy of valid Tax Compliance Certificate (Local Suppliers)

7Notarized Power of Attorney for the person(s) signing the tender onbehalf of the tenderer.

8Provide phone number (s) and email address (es) for the person(s)signing the tender on behalf of the tenderer.

9Physical Registered Office Address(Attach proof of ownership/lease/rental etc)

10Duly Filled and signed Mandatory Confidential BusinessQuestionnaire

11Duly completed schedule of Technical Capability forms as providedin pages 76 to 86 in this Tender Document.


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12

Reports on financial standing of the company/firm including profitand loss statements, balance sheets and auditors reports reportedwithin the last 3 Years of the date of the tender document.(For companies or firms that are registered or incorporated within thelast one calendar year of the Date of the Tender Document, they

should submit certified copies of bank statements covering a period of

at least six months prior to the date of the tender document. Thecopies should be certified by the Bank issuing the statements. The

certification should be original).

14Duly Completed Manufacturers Authorization Form from Authorized

Manufacturers


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SECTION C

CONDITIONS OF CONTRACT

PART 1GENERAL CONDITIONS

1.1GENERAL

The General Conditions of Contract shall be Part 1 of the Conditions of Contract recommended by theFederation Internationale des Ingenieurs-Conseils (FIDIC) contained in the Yellow Book titledConditions of Contract for Electrical and Mechanical Works including Erection on Site, Third Edition1987 reprinted in May 1988 with editorial amendments.

These Part I: General Conditionsshall be incorporated in and form part of this Contract subject tothe 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 ContractPart II.(d)The General Conditions of ContractPart 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 Contractors Drawings.(j) The Contractors Tender.

Where there is a contradiction in any item in two of the above documents then the item in the earlierpositioned document in order above shall take precedence over the item in the lower document, exceptwhere otherwise mutually agreed in writing.

1.2PREAMBLEThe Preamble to the General Conditions of Contract shall be completed as follows referring tocompleted schedules where appropriate:

Sub-Clause 1.1.1Commencement Date

The date for commencement of the Works is the issue date of the letter of award of the tender, andacceptance thereof, subject to the conditions precedent to commencement set out in Part II, SpecialConditions, having been completed. Sub-sub-clauses (ii), (iii), (iv) and (v) of Part IGeneralConditions are deleted.

Sub-Clause 1.1.12The Employer


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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 1.1.15The Engineer

The Engineer is Operations Manger, Western Hydros who has been appointed by the Employer toact as the Engineer for the purpose of this Contract, or such other person or persons who may beappointed by the Employer in place of the designated Engineer in accordance with Clause 2.8 of the

Conditions of Contract.

Sub-Clause 1.1.35Time for Completion

The Time for Completion shall be the time for completion entered by the Contractor in the Schedule ofworks and in the Tender form.

Sub-Clause 5.1Ruling Language

The Ruling Language for this Contract is English and the English language version shall prevail overany other language.

Sub-Clause 5.2Day to Day Communications

The language for day to day communications shall be English. Fluent English shall be spoken by anadequate number of the staff of the Contractor.

Sub-Clause 12.1Programme to be furnished

The programme must be submitted within one month of Contract Award in the form set out in theSpecification Part II, Clause 2.2

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 exceeding50kVA. The Contractor will provide his own distribution board with necessary electrical protectionand 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 ownexpense.

Sub-Clause 14.4Employers Equipment

The only items of the Employers equipment that are available for use by the Contractor are the powerstation overhead travelling cranes. The Contractor should liaise with KenGen when they require to usethe cranes.

The Contractor shall be responsible for providing slingers for all his works.


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Sub-Clause 18.3Working Hours

The normal working hours at the site are between 7.45a.m and 5.00p.m on weekdays (five days perweek). The Contractor may arrange to work any other periods he wishes between 7.00a.m and 7.00p.mto meet the contract programme. Work outside this period and weekend or public holiday workingshall only be carried out where specifically approved by the Engineer. Where the Contractor chooses towork in excess of eight hours a day or to work at weekends there shall be no additional cost added tothe contract price.

Sub-Clause 27.1Delay in Completion

Failure to meet the Time for Completion, or any extended Time for Completion granted in accordancewith Sub-Clause 26.1, entitles the Employer to a reduction in the Contract Price of 0.1% of theContract Price per day of delay up to a maximum of 10%.

Sub-Clause 27.2Prolonged Delay

If there is a Prolonged Delay in Completion and the Employer has become entitled to the maximumreduction 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 bethat part of the Contract Price which is attributable to that part of the Works which cannot by reason ofthe Contractors failure be to put to the intended use.

Sub-Clause 33.1Terms 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 tomeet the Letter of Credit charges in the Contractors country where applicable. Any extensions/

amendment charges that may result due to the Contractors delays or mistakes shall be to the

Contractors account.

Should the Contractor require a confirmed letter of credit, then all confirmation charges both in andoutside Kenya shall be to the Contractors 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 forwhich 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 35.1Payment in Foreign Currency

As per Letter of Credit terms and conditions.

Sub-Clause 35.3Rates of Exchange

Rates on the Tender opening date as provided by the Central Bank of Kenya.


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Sub-Clause 42.2Maximum Liability

The maximum liability of the Contractor to the Employer shall be the Contract Price.

Sub-Clause 43.1Insurance

The contractor is required to comply with the latest FIDIC specifications for insurance namely:

General requirement for insurance Insurance for Works and Contractors Equipment

Insurance against Injury to Persons and Damage to Property

Insurance for Contractors Personnel

Clause 47Changes in Cost and Legislation

Sub-Clause 47.1Labour, Materials and Transport

Not applicable.

Sub-Clause 49.2Notices to Employer and Engineers

The address of the Employer for notices is:-

The Company Secretary/Legal & Corporate Affairs Director

Kenya Electricity Generating Company Limited

Stima Plaza

Kolobot Road, Parklands

P. O. Box 47936

NAIROBI, KENYA

Sub-Clause 51.1Applicable Law

The applicable law for this Contract shall be the law of the Republic of Kenya.

Sub-Clause 51.2Procedural Law for Arbitration

The procedural rules for arbitration for this Contract shall be governed by the Arbitration Act Cap. 49of the Laws of Kenya. Kenyan Courts shall have jurisdiction.

Sub-Clause 51.3Language and Place of Arbitration

The language of arbitration is the English language. The place of arbitration shall be Nairobi, Kenya.

1.3GENERAL CONDITIONSThe General Conditions of Contract shall be Clauses 1 to 51 inclusive as published by FIDIC in Part IThird Edition 1987 Reprinted 1988 with amendments subject to the variations in the Preamble above.

1.4CONTRACTORS RESPONSIBILITIES


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1.4.1 Responsibilitiesa) 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 shallnot be cited as a precedent for other cases.

c)

Quality of material, workmanship and apparatus comprising the complete work, shall bein accordance with the specifications and good practice.

d) The strength, stability and durability of the Turbine Inlet valve equipment shall beassured when the Unit trips at full load on the generator under the maximum net head orsudden short circuit on the generator.

e) Maintenance and updating of progress of the work in accordance with the approvedschedules.

f) The safety and protection of equipment and materials required for the work while underits sole risk as described in sub-clause (ii) hereunder.

g) Bringing to the Client Engineers attention, subsequent to the award of contract, newdevelopments, which the Contractor considers, may result in improvements to the work.Such developments will be considered by the Client Engineer and, if adopted, mutuallyacceptable terms will be arranged accordingly.

h) The adaptability of all materials to the requirements.

i) Rigid adherence to the tender specifications. Unless deviations are specificallyauthorized in writing by KenGen.

1.4.2 Sole riskThe work shall be at the sole risk of the Contractor against loss or damage thereto up to andincluding the date of delivery to the delivery point. It shall in no way be implied or inferredthat this arrangement limits the Contractors responsibility in respect to the materials

supplied, workmanship and performance of the work.

1.5CRITERIA FOR EVALUATIONThe 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.

1.6WARRANTY


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The Contractor warrants that goods supplied under the Contract are new, unused, of the most recent orcurrent models, and that they incorporate all recent improvements in design and materials unlessprovided otherwise in the Contract. The Contractor further warrants that all Goods supplied under thisContract shall have no defect, arising from design, materials, or workmanship (except when the designand/or material is required by the specifications) or from any act or omission of the Contractor, thatmay develop under normal use of the supplied Goods in the conditions prevailing in the country offinal destination.

This warranty shall remain valid for twenty four (24) months after the Equipment, or any portionthereof as the case may be, have been commissioned and take over certificate signed by both parties, orfor thirty (30) months after the date of shipment from the port or place of loading in the source country,whichever period concludes earlier.

1.7INSURANCEThe Contractor shall insure, and keep insured to its full insurable value, the equipment and every partthereof against risk of fire, explosion, accident, or other damage until the work has been completed tothe satisfaction of KenGen.


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SECTION D

SPECIAL CONDITIONS

The General Conditions of Contract in Part I shall be modified by the Special Conditions set outbelow:-

Sub-Clause 1.1.1Conditions 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 ElectricityGenerating Company Limited and the acceptance thereof by the Contractor. The date foracceptance shall be not later than 14 calendar days from the date of the Letter of Award.

Sub-Clause 1.1.11Defects 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 ofTaking-Over in accordance with Sub-Clause 29.1.

Sub-Clause 2.1Engineers 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 theContractor to execute all such work or to do all such things as may, in the opinion of the Engineer, benecessary to abate or reduce the risk. The Contractor shall forthwith comply, despite the absence ofapproval of the Employer, with any such instruction of the Engineer.

Clause 5.3Priority 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 inSection B, Clause 1General, herein.

Clause 6.6Operation and Maintenance Manuals

Operation and Maintenance Manuals shall be in the English Language.


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Sub-Clause 6.7Employers Use of Contractors Drawings

The Contractors 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 otherplant and for training of personnel.

Sub-Clause 8.1General 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 10.1Performance Security

Within 28 days of issue of the Letter of Acceptance the Contractor shall at his own expense obtain aPerformance 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 theEmployer for a sum equivalent to ten percent (10%) of the Contract Price for the due Performance ofthe 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 mayrequire an additional security if the value of the Contract is increased appreciably. The Contractor shallensure that the Performance Security Bond is kept valid up to the date of issue of the last DefectLiability Certificate, or warranty period as set out in Clause 1.8 of the Specification part I, or end ofmaintenance period as set out in Clause 2.16 of the specification Part II, whichever period concludeslater.

Clause 15.1Compliance with Statutes, Regulations

Add the following:

Without limiting the generality of the foregoing the Contractor shall strictly abide by the Kenyanregulations concerning safety on the site of the Works.

Clause 18.1Engagement 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 25.1Time for Completion

Time for Completion means the time for completing of the Works as tendered by the Contractor in theBill of quantity, price schedules and Guaranteed Times for Completion and included in the Letter ofAward. This period shall include up to the date of the Issue of the Taking-Over Certificate.

Sub-Clause 27.1Delay in Completion

Delete the clause entirely and substitute the following:


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If the Contractor fails to comply with the Time for Completion in accordance with Clause 29.1, thewhole 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 asliquidated damages for such default and not as a penalty (which sum shall be the only monies due fromthe Contractor for such default) for every day or part of a day which shall elapse between the relevantTime for Completion and the date stated in a Taking-Over Certificate of the whole of the works or therelevant Section, subject to the applicable limit stated in the Clause 27.1 of the Preamble. TheEmployer 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 Contractor. The payment or deduction of such damagesshall 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-OverCertificate has been issued for any part of the Works or of that Section, shall, for any period of delayafter the date stated in such Taking-Over Certificate, and in the absence of alternative provisions in theContract, be reduced in the proportion which the value of the part so certified bears to the value of thewhole of the Works or Section, as applicable. The provisions of this Sub-Clause shall only apply to therate of liquidated damages and shall not affect the limit thereof.

Sub-Clause 28.1Tests on Completion

The Tests on Completion shall include the 120 Hrs Reliability Run as detailed in the Specification.

Sub-Clause 29.2Taking Over Certificate

On satisfactory completion of the Tests on Completion and the Reliability Test period, the Engineershall issue a Taking Over Certificate. This shall show the effective date of Taking Over which shall bethe date of commencement of the successful reliability test period. This shall be the date ofcommencement of the Defects Liability Period.

Sub-Clause 29.3Use Before Taking Over

The Employer shall not use any part of the Works prior to the commencement of the Tests onCompletion. The Employer may use any part of the Works during its Tests to suit the Tests. Such useshall not imply Taking Over unless all the tests on that part of the Works are successful.

Sub-Clause 33.2Method 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 ofthe Schedule of Prices.

Shipping Specification and Parking List.

Original Bill of Landing or Air Waybill.

Factory inspection Certificate.

Clean report of finding.


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(c)The application in respect of work carried on site shall identify the work done, state the amountclaimed and be accompanied by such documentation as the Engineer may require including:-

Original Invoice identifying the amount claimed against the appropriate subdivisions of theSchedule 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 33.5Payment

Second line, delete 28 days and substitute 30 days.

Sub-Clause 33.6Delayed Payment

The interest rate for delayed payment is simple interest at a rate of 3% above the Central Bank ofKenyas 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 ofthe Contractor and Employer to their full replacement value thereof plus 10% thereon to allow for anyadditional costs and professional fees resulting from loss or damage with deductible limits notexceeding 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 alltimes 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 andproportions of currencies needed to cover the loss or damage incurred.

Sub-Clause 43.3Third Party Liability

In the second line after personal injury add the words to any person including anyemployee 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 Contractorwith an extension of a cross liability cover so that the insurance shall apply to the Contractor and to the


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Upon shipment, the Contractor shall notify the Employer by cable, telex or facsimile the full details ofthe 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 thefollowing documents in two copies to the Employer Supplies Manager:

The Contractors invoice showing Goods description, quantity, unit price, total amount; Non-negotiable bill of landing; Packing list identifying contents of each package;

Manufacturers/Contractors warranty certificate; Inspection certificate (Clean Report of Findings) issued by the nominated inspection

agency; Contractors factory inspection report; and Certificate of Origin.

The above documents shall be received by the Employer at least two weeks before arrival of Goodsat 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.

ADDRESSES

The Equipment shall be marked with the following Shipping marks:-

KENYA ELECTRICITY GENERATING COMPANY LIMITED

ORDER No. ------- (FIRE PROTECTION SYSTEMS FOR TURKWEL POWER STATION)

C/O KENGEN, NAIROBI - KENYA.

Packing lists, inspection reports, material reports, etc as indicated above shall be sent to:-

Supply Chain Manager

Kenya Electricity Generating Company Limited

P.O. Box 47936Nairobi, Kenya

Attention: Mr Patrick Kimemia

Tel : (254) (020) 3666000

Fax: (254) (020) 3666200

Email:[email protected]

Cc: [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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SECTION E

TECHNICAL SPECIFICATIONS

3.1GENERAL TECHNICAL CONDITIONSThe 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 betaken in the design of equipment to ensure safety of personnel concerned with the operation andmaintenance of the equipment.

All components shall be adequately rated/ sized for their most onerous duty and the specified ambienttemperature. Due account shall be taken of any heat generated by the equipment therein and thecomponents shall be appropriately selected, rated or derated as necessary to suit the most onerousoperating temperature within the equipment.

Hand railing and protective barriers shall be provided where ever necessary to protect operation ormaintenance personnel from hazards, and work shall comply with BS 6180 and Occupational Safety

and Health Act 2007 including its subsidiary legislations.

3.2TENDER BID DOCUMENTATION BY TENDERERThe drawings and information to be submitted to the Client in accordance with the requirement of thisclause shall cover the complete scope of work as defined by the specification and shall include, but notbe limited, to the following:

General assembly drawings of the equipment to be supplied together with sufficient sub-assemblydrawings,

Details, control and wiring diagrams to demonstrate fully that all parts will conform to theprovisions and intent of the contract documents.

This documentation will be a guide to the client during the tender evaluation. They may not becomprehensive at that stage.

The Tenderer shall submit along with the tender bid a comprehensive [summary] work program,showing all the activities and duration required, from tender award stage to full commissioning of theEquipment.

3.3PROJECT WORK PROGRAMThe contractor shall formulate a work programme which shall take into account the following activitiesas undertaken by the Client:

Clearing from port of entry and delivering of Fire protection system equipments and accessories tosite.

Clearing and bonding of the erection and commissioning tools & equipment.


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The above two activities will start as soon as the client receives the shipping documents. TheContractor shall allow a period of 3 weeks [21 days] or appropriate time for these activities in theoverall programme.

Upon approval of the schedule by the Client, it should thereafter be referred to as the ApprovedConstruction Programme and shall become a part of the Contract.

In executing the Approved Construction 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.

3.4INSTRUCTIONS ON DRAWINGS AND DATA TO BE SUPPLIED BY THECONTRACTOR AFTER TENDER AWARD

All drawings and data supplied by the Contractor subsequent to the date of contract, which coverchanges in the work, extra work, or which supplement existing drawings and data shall, uponapproval 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 asaforementioned. Thereafter, changes shall NOT be made in the Contractors drawing withoutwritten permission of the Client Engineer. The above procedure shall be repeated for all authorizedchanges.

All drawings are to be dimensioned using metric units. All documentation shall be provided inEnglish 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

[email protected]

[email protected]

[email protected]

The work shall be in accordance with the approved drawings and data and shall not be commenceduntil such approval has been obtained. Subsequent changes contemplated by the Contractor shall beindicated on revised drawings and data resubmitted for approval. The Contractor shall make anychanges in the design, which are considered necessary to make the work conform to the provisionsand intent of the specification without additional cost to KenGen.

Before design, supply and installation of the equipment, dimensioned drawings and data showing allsignificant details of the equipment and materials to be used shall be submitted simultaneously tothe Client for approval.

Approval of the Contractors drawings and data shall in no way construe or imply relief of theContractor from responsibility for any error or omission therein or from any obligation under theContract.


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These drawings shall be submitted within the times mentioned here under from the Date of tenderaward. Time shall be allowed to permit changes to be made if required by the Client. The drawingsshall be modified as necessary if requested by the Client, and resubmitted for final approval.

When the Contractor prepares his work programme, as required herein, he shall make allowance forthe drawing approval time and indicate it on the programme. A period of at least one week shouldbe allowed for such approval. Claims or extensions of time will not be approved if they are relatedto 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 drawingsto the Client.

All drawing submitted for approval or sent to the Client for any other reason shall be sent bycourier.

After all items of the work have been manufactured and erected, sets of prints and softcopies of theAS BUILTdrawings shall be furnished as indicated below:

Complete set of Soft copies[reproducible] 1 SetComplete set of bound prints 3 sets

The Contractor shall provide Preliminary arrangement [location] drawings of cabling support to theClient within the first two months after the Date of tender award.

3.5STANDARDS, CODES AND QUALITY ASSURANCEThe work shall conform to the applicable standards and codes of the authorities and technicalorganizations listed hereunder in their full and abbreviated titles, and of any that may be listed orreferred to elsewhere in this document.

This Specification shall have precedence and govern over all items listed below:

(i) United States Sources(a) American National Standards Institute (ANSI will also be used as the reference

for standards issued formerly under USA and USAS)ANSI.(b) American Society of Mechanical Engineers Relevant Test Codes and

AppendicesASME.(c) American Society for Testing and Materials ASTM.

(ii) Other Sources(a) International Organization for Standardization- ISO.(b) International Electro-technical Commission IEC.(c) Japanese Industrial StandardsJIS.(d) Japanese Electro-technical CommissionJEC.(e) German DIN(f) European standards - AEN(g) Equivalent standards in other jurisdictions may be quoted.


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The Contractor shall base the Tender on the applicable standards and codes, which are in effect at thetime of submission of the Tender.

3.6TEST PROCEDURE AND INSTRUCTIONS3.6.1 Site test programs and procedures

During the construction and after the installation of the Fire Systems, tests shall be performed,as necessary, to establish the accuracy of the installation and to prove the adequacy of thematerials and the workmanship and that specified requirements have been met.

The Contractor shall submit to the Client, during or immediately following the submission ofdrawings, testing programs describing each test to be performed during commissioning and theperformance tests. The program shall establish the sequence of the tests, the equipmentpreparation and operation procedures to be followed and the detailed procedure for conductingeach test. The program shall also contain performance guarantees, design values, technicalparticulars, or other criteria for the evaluation of each test. These programs shall be submittedfor approval and distributed in the same manner as the drawings.

All tests and test procedures with test recording sheets shall be submitted to the Clients

Engineer 3 days to the execution of the Tests. The clients Engineer may review and

incorporate amendments to the procedures and tests.

3.6.2 Performance testsAfter the Fire Protection systems have been installed and tested successfully the Contractorshall carry out the performance tests in the presence of the Client Engineer to demonstrate thatall guarantees and technical particulars as listed in the Tender and Contract Documents havebeen satisfied and that the entire Equipment is properly installed, free from objectionable

defects and correctly adjusted to operate as specified.

The proof tests shall include testing of at least one CO2 cylinder for each generator.

3.7INSTALLATION AND COMMISSIONING SERVICESLump-sum charges for installation & commissioning of the Equipment into operation under thefollowing 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 andcommissioning works.

The Client will be responsible for clearing and bonding [with Kenya Customs Department] of theerection and commissioning tools & equipment on receipt of Airway bill or Bill of Landing, list oftools & equipment with serial numbers, PFI (proforma invoice) clearly marked Value for CustomsPurposes Only and must show the price of each tool & equipment and extension thereof. TheContractor shall meet the cost of shipment

The tests and commissioning will be performed according to standard test procedures.


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Two Clients Engineers will be available during the commissioning period.

3.8ACCOMMODATION & TRANSPORT FOR CONTRACTORS EMPLOYEEAccommodation during the installation and commissioning work for the contractors employees shallbe the responsibility of the contractor

Transport (including local airport connection) at the site during the works will be the responsibility ofthe Contractor.

3.9EQUIPMENT APPROVALAll equipment proposed and planned for use in this project must be formally approved by at least twoof the following internationally recognized product certification ognanizations:

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 mentionedstandards.

3.10 SPARESIt is a condition of this contract that the maintenance period is 12 months. All spares andmalfunctioning items during the Maintenance period shall be replaced by the Contractor at his owncost.

3.11 TRAININGThe contractor shall after the completion of the Contract, and before the Handing over Certificate isissued, provide a trainer to instruct the system operators and maintenance personnel for a period of oneweek. During that time the trainer shall go through all the problems that are likely to occur during theSystem 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.


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3.12 DOCUMENTSThe following documents shall be provided with the tenderers offer:

References

Brochures.

Test reports

3.13 INSTALLATION AND COMMISSIONINGAn authorized representative of the equipment manufacturer shall supervise the installation, testing andcommissioning of the fire systems. The tenderer shall provide all the necessary staff, tools andmaterials to complete the installation, test and commissioning. As built drawings shall be providedimmediately after commissioning.

3.14 SITE VISITSITE VISIT IS MANDATORYand shall be held on site on 19

th

November 2013 starting at 10.00a.m. It is important that tenderers visit the site before submitting their bids to ascertain the specificproject requirements. Failure to visit the site will result in rejection of tender.

3.15 PROJECT DELIVERYTenderers must show proven financial and technical ability to deliver the project as demonstrated fromfinancial statements, qualification of project staff and list of past projects with contact persons forreference. The tenderer must have successfully undertaken similar project to completion, proof ofwhich must be provided. One such project must have been of value of more than KES 70million.


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SECTION F:

SCHEDULE OF REQUIREMENTS

GENERAL INFORMATION FOR LOT I AND LOT II

Turkwel Power Station is situated 22KM off the Kitale-Lodwar Road, 180KM from Kitale andapproximately 600km from Nairobi. The following general information apply for the Stations Fireprotection systems tender:

0.1 Facilities design

The fire protection facilities shall be designed, installed and tested in accordance with NFPArequirements and recommendations. In particular, the requirements of NPFA 850 shall apply to thedesign of the Plant. The fire system shall also comply in all respects with the requirements of all localrequirements and standards.

The Contractor shall conduct a risk assessment study and fire protection design report for the station.

This report shall detail the design criteria and calculations for the