Tender For Supply, Delivery, Testing and Commissioning of Mobile Diesel Engine-Driven Brine Pump

KGN-GDD-016-2016
TENDER FOR SUPPLY, DELIVERY, TESTING AND

COMMISSIONING OF MOBILE DIESEL ENGINEDRIVEN BRINE PUMP
Kenya Electricity Generating Company Ltd,

Stima Plaza Phase III,
Kolobot Rd, Parklands,
P.O Box 47936 00100
NAIROBI KENYA.
www.kengen.co.ke
February, 2016
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Tender for supply, delivery, testing and commissioning of diesel engine-driven brine pump 2016
SECTION
2
Page
SECTION A:
INVITATION FOR TENDERS ......................................................................................3
SECTION B:
INSTRUCTIONS TO TENDERERS ..............................................................................4
SECTION C:
GENERAL CONDITIONS OF CONTRACT ..............................................................14
SECTION D:
SPECIAL CONDITIONS OF CONTRACT .................................................................19
SECTION E:
TECHNICAL SPECIFICATIONS ...............................................................................21
SECTION F:
TECHNICAL SPECIFICATIONS ............................... Error! Bookmark not defined.
SECTION G:
TENDER FORM ...........................................................................................................28
SECTION H:
TENDER SECURITY FORM ......................................................................................29
SECTION I:
INSURANCE TENDER SECURITY FORM ..............................................................30
SECTION J:
MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE ..........................31
SECTION K:
CONTRACT FORM .....................................................................................................36
SECTION L:
PERFORMANCE SECURITY FORM ........................................................................38
SECTION M:
MANUFACTURERS AUTHORIZATION FORM ....................................................39
TENDER FOR SUPPLY, TESTING AND COMMISSIONING OF DIESEL ENGINEDRIVEN BRINE PUMP 2016
SECTION A: INVITATION FOR TENDERS

TENDER FOR SUPPLY, TESTING AND COMMISSIONING OF DIESEL ENGINEDRIVEN BRINE PUMP 2016
Kenya Electricity Generating Company Limited (KenGen) invites sealed tenders for supply,
testing and commissioning of diesel engine-driven brine pump whose specifications are detailed
in this Tender Document.
Interested firms may obtain further information from, and inspect the Tender Document at the
office of the Supply Chain Director, Tel: (254) (020) 3666000, Email: [email protected];
[email protected]; cc: [email protected];
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. The document can also
be viewed and downloaded from the website www.kengen.co.ke. or
www.suppliers.treasury.go.ke. Bidders are advised to be checking the websites from time
before submission date for any uploaded information through clarification/addendum.
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.
A MANDATORY site visit shall be held in Olkaria on the Thursday 17th March 2 016 from
10.00am and thereafter a pre-bid meeting.
Tenders MUST be accompanied by a Bid Security in the form and amount specified in the
Tender Document, and must be delivered to:
Company Secretary & Legal Affairs Director
Kenya Electricity Generating Company Ltd.
7th Floor, Stima Plaza Phase III
Kolobot Road, Parklands
P.O. Box 47936 - 00100
NAIROBI, KENYA
on or before 30th March 2016 at 10.00 A.M
Tenders will be opened the same day at 10.30 A.M in the presence of tenderers' representatives
who choose to attend in the Executive Room, 7th Floor, Stima Plaza Phase III.
SUPPLY CHAIN DIRECTOR
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SECTION B: INSTRUCTIONS TO TENDERERS

Introduction
1.
Eligible Tenderers
1.1
This Invitation for Tenders is open to all tenderers. The successful tenderer shall
complete the supply of goods by the intended completion date specified in the tender
document.
1.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices.
2.
Cost of Tendering
2.1 The Tenderer shall bear all costs associated with the preparation and submission of its
tender, and KenGen, will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the tendering process.
The Tender Document
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Contents
3.1 The tender document comprises the document listed below and addenda issued in
accordance with Clause 5 of the Instructions to Tenderers.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Invitation for Tenders

Instructions to Tenderers
General Conditions of Contract
Special Conditions of Contract
Technical Specifications and Price Schedules
Tender Form
Tender Security Form
Mandatory Confidential Business Questionnaire
Contract Form
Performance Security Form
Manufacturers Authorization Form
3.2
The Tenderer is expected to examine all instructions, forms, terms, and specifications in
the tender document. Failure to furnish all information required by the tender document
or to submit a tender not substantially responsive to the tender document in every respect
will be at the tenderers risk and may result in the rejection of its tender.
4.
Clarification of Tender Document
4.1
A prospective tenderer requiring any clarification of the tender document may notify
KenGen in writing (email in PDF format or by facsimile) at the following address:
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Supply Chain Director

Kenya Electricity Generating Company Ltd (KenGen)
Ground Floor, Stima Plaza, Phase III
P.O Box 47936 - 00100
NAIROBI, KENYA
Fax: (254)(020) 3666200; E-mail: [email protected]; [email protected];
KenGen will respond in writing to any request for clarification received no later than
Five (5) calendar days prior to the deadline of submission of tenders.
5.
Amendment of Tender Document
5.1
At any time prior to the deadline for submission of tenders, KenGen, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective
tenderer, may modify the tender document by amendment.
5.2
All prospective tenderers that have received the tender document will be notified of the
amendment in writing (email in PDF format or by facsimile), and will be binding on
them.
5.3
In order to allow prospective tenderers reasonable time in which to take the amendment
into account in preparing their tenders, KenGen, at its discretion, may extend the deadline
for the submission of tenders.
Preparation of Tenders
6. Language of Tender
6.1 The tender prepared by the tenderer, as well as all correspondence and document relating to
the tender exchanged by the tenderer and KenGen, shall be written in English. Supporting
document and printed literature furnished by the tenderer may be written in another
language provided they are accompanied by an accurate English translation of the relevant
passages in which case, for purposes of interpretation of the tender, the English translation
shall govern.
7.
Document Comprising the Tender
7.1
The tender prepared by the tenderer shall comprise the following components:
8.
(a)
a Tender Form and a Price Schedule completed in accordance with Clauses 8, 9

and 10 below; and
(b)
tender security furnished in accordance with Clause 11
Tender Form
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8.1
9.
The tenderer shall complete the Tender Form and the Price Schedule furnished in the
tender document, indicating the goods to be supplied, a brief description of the goods,
their country of origin, quantity and prices.
Tender Prices
9.1 The prices quoted in the Price Schedule shall be Delivered and Duty Paid (DDP) to
Olkaria.
9.2
Prices quoted by the tenderer shall be fixed during the tenderers performance of the
contract and not subject to variation on any account. A tender submitted with an
adjustable price quotation will be treated as non-responsive and will be rejected,
pursuant to Clause 21.
10.
Tender Currencies
10.1 Prices shall be quoted in Kenya Shillings or in another freely convertible currency.
11.
Tenderers Eligibility and Qualifications.
11.1 The tenderer shall furnish, as part of its tender, documents establishing the tenderers
eligibility to tender and its qualifications to perform the contract if its tender is accepted.
11.2 The documentary evidence of the tenderers eligibility to tender shall establish to
KenGens satisfaction that the tenderer, at the time of submission of its tender, is from an
eligible source country.
11.3 The documentary evidence of the tenderers qualifications to perform the contract if its
tender is accepted shall establish to KenGens satisfaction:
12.
(a)
that, in the case of a tenderer offering to supply goods under the contract which the
tenderer did not manufacture or otherwise produce, the tenderer has been duly
authorized by the goodss Manufacturer or producer to supply the goods;
(b)
that, the tenderer has the financial, technical, and production capability necessary to
perform the contract.
Goods Eligibility and Conformity to Tender Document.
12.1 The tenderer shall furnish, as part of its tender, documents establishing the eligibility and
conformity to the tender documents of all goods, which the tenderer proposes to supply
under the contract.
12.2 The documentary evidence of the eligibility of the goods shall consist of a statement in
the Price Schedule of the country of origin of the goods offered, which shall be
confirmed by a certificate of origin issued at the time of shipment.
12.3 The documentary evidence of conformity of the goods to the tender documents may be in
the form of literature, drawings, and data, and shall consist of:
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(a) a detailed description of the essential technical and performance characteristics of

the goods;
(b) a clause-by-clause commentary on KenGens Technical Specifications
demonstrating substantial responsiveness of the goods to those specifications, or a
statement of deviations and exceptions to the provisions of the Technical
Specifications.
13.
Tender Security
13.1 The tenderer shall furnish, as part of its tender, a tender security in the amount of
Kenya Shillings One Hundred and Fifty Thousand (Kshs 150,000.00) or equivalent
in a freely convertible currency.
13.2 The tender security is required to protect KenGen against the risk of tenderers conduct,
which would warrant the securitys forfeiture, pursuant to Clause 13.7.
13.3 The tender security shall be denominated in Kenya Shillings or in another freely
convertible currency, and shall be in the form of a bank guarantee, bank draft issued by a
reputable bank located in Kenya or abroad or an insurance company approved by the
Public Procurement Oversight Authority (PPOA), in the form provided in the tender
document or another form acceptable to KenGen and valid for at least Thirty (30) days
beyond the tender validity period.
13.4 Any tender not secured in accordance with Clause 13.1 and 13.3 will be rejected by
KenGen as non-responsive, pursuant to Clause 22.
13.5 Unsuccessful tenderers tender security will be discharged or returned as promptly as
possible, but not later than thirty (30) days after the expiration of the period of tender
validity prescribed by KenGen.
13.6 The successful tenderers tender security will be discharged upon the tenderer signing the
contract, pursuant to Clause 28, and furnishing the performance security, pursuant to
Clause 30.
13.7 The tender security may be forfeited:
(a)
if a tenderer withdraws its tender during the period of tender validity specified by
KenGen on the Tender Form; or
(b)
in the case of a successful tenderer, if the tenderer fails:

(i)
to sign the contract in accordance with Clause 29
(ii)
to furnish performance security in accordance with Clause 30.
or
14.
Validity of Tenders
14.1 Tenders shall remain valid for 120 days or as specified in the tender document after date
of tender opening prescribed by KenGen, pursuant to Clause 20. A tender valid for a
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shorter period shall be considered as non-responsive and shall be rejected by KenGen.

14.2 In exceptional circumstances, KenGen may solicit the tenderers consent to an extension
of the period of validity. The request and the responses thereto shall be made in writing
(email in PDF format or by facsimile). The tender security provided under Clause 13
shall also be suitably extended. A tenderer may refuse the request without forfeiting its
tender security. A tenderer granting the request will not be required nor permitted to
modify its tender.
15.
Format and Signing of Tender
15.1 The tenderer shall prepare an original and two copies of the tender, clearly marking each
ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of
any discrepancy between them, the original shall govern.
15.2 The original and copy of the tender shall be typed or written in indelible ink and shall be
signed by the tenderer or a person or persons duly authorized to bind the tenderer to the
contract.
15.3 The tender shall have no interlineation, erasures, or overwriting except as necessary to
correct errors made by the tenderer, in which case such corrections shall be initialed by
the person or persons signing the tender.
Submission of Tenders
16.
Sealing and Marking of Tenders
16.1 The tenderer shall seal the original and copies of the tender in separate envelopes, duly
marking the envelopes as ORIGINAL and COPY. The envelopes shall then be
sealed in an outer envelope.
16.2 The inner and outer envelopes shall:
(a)
be addressed to:
Company Secretary/Legal & Corporate Affairs Director
Kenya Electricity Generating Company Limited
7th Floor, Stima Plaza Phase III
P.O. Box 47936-00100
NAIROBI
(b)
bear, " KGN-GDD-016-2016 - TENDER FOR SUPPLY, DELIVERY,

TESTING AND COMMISSIONING OF DIESEL ENGINE-DRIVEN BRINE
PUMP ", and the statement: DO NOT OPEN BEFORE 30th March 2016 at
10.00 A.M.
16.3 The inner envelopes shall also indicate the name and address of the tenderer to enable the
tender to be returned unopened in case it is declared late.
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16.4 If the outer envelope is not sealed and marked as required by Clause 16.2, KenGen will
assume no responsibility for the tenders misplacement or premature opening.
17.
Deadline for Submission of Tenders
17.1 Tenders must be received by KenGen at the address specified under Clause 16.2 not later
than 30th March 2016 at 10.00 A.M.
17.2 KenGen may, at its discretion, extend this deadline for the submission of tenders by
amending the tender document in accordance with Clause 5, in which case all rights and
obligations of KenGen and tenderers previously subject to the deadline will thereafter be
subject to the deadline as extended.
18.
Modification and Withdrawal of Tenders
18.1 The tenderer may modify or withdraw its tender after the tenders submission, provided
that written notice of the modification, including substitution or withdrawal of the
tenders, is received by KenGen prior to the deadline prescribed for submission of tenders.
18.2 The tenderers modification or withdrawal notice shall be prepared, sealed, marked, and
dispatched in accordance with the provisions of Clause 16. A withdrawal notice may
also be sent by cable, but followed by a signed confirmation copy, postmarked not later
than the deadline for submission of tenders.
18.3 No tender will be modified after the deadline for submission of tenders.
18.4 No tender will be withdrawn in the interval between the deadline for submission of
tenders and the expiration of the period of tender validity specified by the tenderer on the
Tender Form. Withdrawal of a tender during this interval may result in the tenderers
forfeiture of its tender security, pursuant to Clause 13.7.
19.
Alternative Proposals by Tenderers
19.1 Alternative tenders and options shall not be accepted. In case of offered alternatives, only
that item which is marked as being the alternative or the first of several alternative items
shall be evaluated.
Opening and Evaluation of Tenders

20. Opening of Tenders
20.1 KenGen will open all tenders in the presence of tenderers representatives who choose to
attend on 30th March 2016 at 10.30 A.M.
The tenderers representatives who are present shall sign a register evidencing their
attendance.
20.2 The tenderers names, tender modifications or withdrawals, tender prices, discounts, and
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the presence or absence of requisite tender security and such other details as KenGen, at
its discretion, may consider appropriate, will be announced at the opening.
20.3 KenGen will prepare minutes of the tender opening.
21.
Clarification of Tenders
21.1 To assist in the examination, evaluation and comparison of tenders KenGen may, at its
discretion, ask the tenderer for a clarification of its tender. The request for clarification
and the response shall be in writing (email in PDF format or by facsimile), and no change
in the prices or substance of the tender shall be sought, offered, or permitted.
Any effort by the tenderer to influence KenGen in its decisions on tender evaluation,
tender comparison or contract award may result in the rejection of the tenderers tender.
22.
Preliminary Examination
22.1 KenGen will examine the tenders to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the tenders are generally
in order.
22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail, and the total price shall be corrected. If the
tenderer does not accept the correction of the errors, its tender will be rejected, and its
tender security may be forfeited. If there is a discrepancy between words and figures, the
amount in words will prevail.
22.3 KenGen may waive any minor informality or non-conformity or irregularity in a tender
which does not constitute a material deviation, provided such waiver does not prejudice
or affect the relative ranking of any tenderer.
22.4 Prior to the detailed evaluation, pursuant to Clause 23, KenGen will determine the
substantial responsiveness of each tender to the tender document. For purposes of these
paragraphs, a substantially responsive tender is one, which conforms to all the terms and
conditions of the tender document without material deviations. KenGens determination
of a tenders responsiveness is to be based on the contents of the tender itself without
recourse to extrinsic evidence.
22.5 If a tender is not substantially responsive, it will be rejected by KenGen and may not
subsequently be made responsive by the tenderer by correction of the nonconformity
22.6
Mandatory Preliminary Evaluation Criteria
Manufacturers authorization, guarantee and warranty

Duly completed Tender Form
Duly completed Price Schedule
Duly completed Confidential Business Questionnaire
Audited financial statements for the past two (2) years
Evidence of incorporation in the country of domicile i.e. Certificate of
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Incorporation/ Registration.
Tender Security in the amount of Kshs 150,000.00 or equivalent in a freely
convertible currency.
The Tender validity period shall be 120 days from the date of tender closing.
Tender Security has to be valid for thirty (30) days beyond the validity of the
tender.
Price list of manufacturers recommended spare parts for two years operation.
Average fuel consumption rate in litres per hour.
Valid Tax Compliance Certificate issued by Kenya Revenue Authority (for local
suppliers)
23.
Evaluation and Comparison of Tenders
23.1 KenGen will evaluate and compare the tenders, which have been determined to be
substantially responsive, pursuant to clause 21.
23.2 KenGens evaluation of a tender will exclude and not take into account any allowance for
price adjustment during the period of execution of the contract, if provided in the tender.
23.3 KenGens evaluation of a tender will take into account, in addition to the tender price and
the price of incidental services, the following factors:
a) Compliance to the tender requirements pursuant to Clauses 11, 12 and 13;
b) Qualification information provided in the Mandatory Confidential Business
Questionnaire;
c) Valid tender security
d) Delivery period offered in the tender. The delivery period should not Exceed 3
Months after the date of signing the Contract respectively;
e) Deviation in payment schedule from that specified in the Special Conditions of
Contract;
f) Compliance to the technical specifications. Documentary evidence to prove that the
material offered comply with the Technical Specifications must be provided;
g) After sales support. Tenderers shall submit the name and address of the local agent in
Kenya for the unit offered. The agent must be well established and capable of giving
full after sales service, acceptable stock of spare parts and back-up technical services;
h) Life cycle cost based on capital and operating costs;
i) Technical performance. Tenderers shall indicate the number of units currently in
operation and their location;
j) Warranty for the material offered. The terms of warranty are specified in the Special
Conditions of Contract; and
k) Compliance with Section E notes 1 to 9.
24.
Contacting KenGen
24.1 Subject to Clause 21, no tenderer shall contact KenGen on any matter relating to its
tender, from the time of the tender opening to the time the contract is awarded.
24.2 Any effort by a tenderer to influence KenGen in its decisions on tender evaluation, tender
comparison, or contract award may result in the rejection of the tenderers tender.
Award of Contract
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25.
Award Criteria
25.1 Subject to Clauses 7, 8, 9, 11, 13, 22 and 23 KenGen will award the contract to the
successful tenderer(s) whose tender has been determined to be substantially responsive
and has been determined to be the lowest evaluated tender.
26. KenGens Right to Vary Quantities
26.1 KenGen reserves the right at the time of contract award to increase or decrease the
quantity of goods originally specified in the Schedule of Requirements without any
change in unit price or other terms and conditions.
27.
KenGens Right to Accept or Reject Any or All Tenders
27.1 KenGen reserves the right to accept or reject any tender, and to annul the 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 its action.
28.
Notification of Award
28.1 Prior to the expiration of the period of tender validity, KenGen will notify the successful
tenderer in writing that its tender has been accepted.
28.2 Upon the successful tenderers furnishing of the performance security pursuant to Clause
30, KenGen will promptly notify each unsuccessful tenderer and will discharge its tender
security, pursuant to Clause 13.
29.
Signing of Contract
29.1 At the same time as KenGen notifies the successful tenderer that its tender has been
accepted, KenGen will send the tenderer the Contract Form provided in the tender
document, incorporating all agreements between the parties.
29.2 Within fourteen (14) days of receipt of the Contract Form, the successful tenderer shall
sign and date the contract and return it to KenGen.
30.
Performance Security
30.1 Within fifteen (15) days of receipt of the notification of Contract award, the successful
Tenderer shall furnish to the Purchaser the performance security in accordance with the
Performance Security Form provided in the tender document, or in another form
acceptable to KenGen.
30.2 Failure of the successful tenderer to comply with the requirement of Clause 29 or Clause
30 shall constitute sufficient grounds for the annulment of the award and forfeiture of the
tender security, in which event KenGen may make the award to the next lowest evaluated
tenderer or call for new tenders.
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31. Corrupt or Fraudulent Practices

31.1 KenGen requires that tenderers observe the highest standard of ethics during the
procurement process and execution of contracts. In pursuance of this policy, KenGen:(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i)
corrupt practice means the offering, giving, receiving or soliciting of any

thing of value to influence the action of a public official in the 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
KenGen, and includes collusive practice among tenderers (prior to or after
tender submission) designed to establish tender prices at artificial noncompetitive levels and to deprive KenGen of the benefits of free and open
competition;
(b)
will reject a proposal for award if it determines that the tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract
in question;
(c)
will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded any contract if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing, a contract.
31.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions of
Contract.
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SECTION C: GENERAL CONDITIONS OF CONTRACT

1.
Definitions
1.1
In this Contract, the following terms shall be interpreted as indicated:

(a)
The Contract means the agreement entered into between KenGen and the
Supplier, as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.
(b)
The Contract Price means the price payable to the Supplier under the Contract for
the full and proper performance of its contractual obligations.
(c)
The Supplier means the individual or firm supplying the goods under this
Contract.
(d)
The Goods means all of the material, machinery, and/or other materials, which
the Supplier is required to supply to KenGen under this Contract.
2.
Application
2.1
These General Conditions shall apply in all Contracts made by KenGen for the
procurement of goods.
3.
Country of Origin
3.1
For purposes of this Clause, origin means the place where the Goods were
manufactured or produced.
3.2
The origin of the Goods is distinct from the nationality of the Supplier.
4.
Standards
4.1
The Goods supplied under this Contract shall conform to the standards mentioned in the
Technical Specifications.
5.
Use of Contract Documents and Information
5.1
The Supplier shall not, without KenGens prior written consent, disclose the Contract, or
any provision thereof, or any specification, plan, drawing, pattern, sample, or
information furnished by or on behalf of KenGen in connection therewith, to any person
other than a person employed by the Supplier in the performance of the Contract.
5.2
The Supplier shall not, without KenGens prior written consent, make use of any
document or information enumerated in Clause 5.1 above.
5.3 Any document, other than the Contract itself, enumerated in Clause 5.1 shall remain the
property of KenGen and shall be returned (all copies) to KenGen on completion of the
Suppliers performance obligations under the Contract if so required by KenGen.
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6.
Patent Rights
6.1
The Supplier shall indemnify KenGen against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the Goods or any part
thereof in Kenya.
7.
7.1
Within fifteen (15) days after signing of the Contract award, the Supplier shall furnish to
KenGen the performance security in the amount specified in Special Conditions of
Contract.
7.2
The proceeds of the performance security shall be payable to KenGen as compensation

for any loss resulting from the Suppliers failure to complete its obligations under the
Contract.
7.3
The performance security shall be denominated in the currency of the Contract, or in a

freely convertible currency acceptable to KenGen and shall be in the form of a bank
guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or
abroad, acceptable to KenGen, in the form provided in the tender document.
7.4
The performance security will be discharged by KenGen and returned to the Supplier not
later than thirty (30) days following the date of completion of the Suppliers performance
obligations under the Contract, including any warranty obligations, under the Contract.
8.
Inspection and Tests
8.1
KenGen or its representative shall have the right to inspect and/or to test the Goods to
confirm their conformity to the Contract specifications. KenGen shall notify the Supplier
in writing, in a timely manner, of the identity of any representatives retained for these
purposes.
8.2
The inspections and tests may be conducted on the premises of the Supplier or its
subcontractor(s), at point of delivery, and/or at the Goods final destination. If conducted
on the premises of the Supplier or its subcontractor(s), all reasonable facilities and
assistance, including access to drawings and production data, shall be furnished to the
inspectors at no charge to KenGen.
8.3
Should any inspected or tested Goods fail to conform to the Specifications, KenGen may
reject the Goods, and the Supplier shall either replace the rejected Goods or make
alterations necessary to meet specification requirements free of cost to KenGen.
8.4
KenGen's right to inspect, test and, where necessary, reject the Goods after the Goods
arrival shall in no way be limited or waived by reason of the Goods having previously
been inspected, tested, and passed by KenGen or its representative prior to the Goods
delivery.
8.5
Nothing in Clause 8 shall in any way release the Supplier from any warranty or other
obligations under this Contract.
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8.6
All consignments subject to Pre-Export Verification of Conformity (PVoC) to

Standards Programme must obtain a Certificate of Conformity (CoC) issued by PvoC
Country Offices Prior to shipment. The Certificate is a mandatory Customs Clearance
document in Kenya; Consignments arriving at Kenyan Ports without this document will
be denied entry into the Country. Since PVoC is a conformity assessment process to
verify that products imported to Kenya are in compliance with the applicable Kenya
standards or approved equivalents, regulations and technical requirements before
shipment, it is the sole responsibility of the supplier (i.e. exporter) to demonstrate the
same and hence meet any associated costs of verification.
Packing
9.1
The Supplier shall provide such packing of the Goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the
Contract.
9.2
The packing, marking, and documentation within and outside the packages shall comply
strictly with such special requirements as shall be expressly provided for in the Contract.
10.
Delivery and Documents
10.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms
specified by KenGen in its Schedule of Requirements and the Special Conditions of
Contract.
11.
Insurance
11.1 The Goods supplied under the Contract shall be fully insured against loss or damage
incidental to manufacture or acquisition, transportation, storage, and delivery in the
manner specified in the Special Conditions of Contract
12.
Warranty
12.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the
most recent or current models, and that they incorporate all recent improvements in
design and materials unless provided otherwise in the Contract. The Supplier further
warrants that all Goods supplied under this Contract shall have no defect, arising from
design, materials, workmanship, or from any act or omission of the Supplier, that may
develop under normal use of the supplied Goods in the conditions prevailing in the
country.
12.2 The warranty period for the Goods is specified under the Special Conditions of Contract.
12.3 KenGen shall promptly notify the Supplier in writing of any claims arising under this
warranty.
12.4 Upon receipt of such notice, the Supplier shall, within the period specified in the Special
Conditions of Contract, and with all reasonable speed, repair or replace the defective
Goods or parts thereof, without costs to KenGen.
12.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period
16
specified in 12.4 above, within a reasonable period, KenGen may proceed to take such
remedial action as may be necessary, at the Suppliers risk and expense and without
prejudice to any other rights which KenGen may have against the Supplier under the
Contract.
13.
Payment
13.1 The method and conditions of payment to be made to the Supplier under this Contract
shall be specified in Special Conditions of Contract.
13.2 Payments shall be made promptly by KenGen as specified in the Contract.
14.
Prices
14.1 Prices charged by the Supplier for Goods delivered under the Contract shall not, with the
exception of any price adjustments authorized in Special Conditions of Contract, vary
from the prices quoted by the Supplier in its tender.
15.
Assignment
15.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this
Contract, except with KenGens prior written consent.
16.
Subcontracts
16.1 The Supplier shall notify KenGen in writing of all subcontracts awarded under this
Contract if not already specified in the tender. Such notification, in the original tender or
later, shall not relieve the Supplier from any liability or obligation under the Contract.
17. Termination for Default
17.1 KenGen may, without prejudice to any other remedy for breach of Contract, by written
notice of default sent to the Supplier, terminate this Contract in whole or in part:
(a)
if the Supplier fails to deliver the Goods within the period(s) specified in the
Contract, or within any extension thereof granted by KenGen.
(b)
if the Supplier fails to perform any other obligation(s) under the Contract.
(c)
if the Supplier, in the judgment of KenGen has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.
17.2 In the event KenGen terminates the Contract in whole or in part, it may procure, upon
such terms and in such manner, as it deems appropriate, Goods similar to those
undelivered, and the Supplier shall be liable to KenGen for any excess costs for such
Goods.
17
18.
Liquidated Damages
18.1 If the Supplier fails to deliver the Goods within the period(s) specified in the Contract,
KenGen shall, without prejudice to its other remedies under the Contract, deduct from
the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the delivered
price of the delayed Goods for each week of delay until actual delivery, up to a
maximum deduction of 10% of the delivered price of the delayed Goods. After this
KenGen may consider termination of the Contract.
19.
Resolution of Disputes
19.1 KenGen and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement or dispute arising between them under or in connection
with the Contract.
19.2 If, after thirty (30) days from the commencement of such informal negotiations both
parties have been unable to resolve amicably a Contract dispute, either party may require
that the dispute be referred for resolution to formal mechanisms. These mechanisms
include, but are not restricted to, conciliation by a third party, adjudication in an agreed
national or international forum, and/or international arbitration.
20.
Language and Law
20.1 The language of the Contract and the law governing the Contract shall be English
language and the Laws of Kenya respectively unless otherwise stated.
21. Force Majeure
21.1 The Supplier shall not be liable for forfeiture of its performance security, or termination
for default if and to the extent that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force Majeure.
18
SECTION D: SPECIAL CONDITIONS OF CONTRACT

1.
Definitions
The Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot
Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legal
representatives, successors or assigns.
2.
Application
The following Special Conditions of Contract shall supplement the General Conditions of Contract.
Whenever there is a conflict, the provisions herein shall prevail over those in the General
Conditions of Contract.
7.
7.1
The Performance Security shall be in the amount of 10% of the total Contract Price
7.2
The Procuring Entity shall not be required to demonstrate the loss it has suffered.
7.3
Performance Security shall be valid for a minimum of 60 days after shipment in case of
Foreign Suppliers and a minimum of 30 days after delivery in case of Local Suppliers.
7.4
Performance Security for Foreign Suppliers shall be discharged by the Procuring Entity
and returned to the Suppliers not earlier than 60 days after the date of shipment. For
Local Suppliers it shall be discharged after proof of satisfactory delivery and acceptance
of the goods under the contract
8.
Inspections and Tests

All consignments subject to Pre-Export Verification of Conformity (PVoC) to Standards
Programme must obtain a Certificate of Conformity (CoC) issued by PvoC Country
Offices Prior to shipment. The Certificate is a mandatory Customs Clearance document in
Kenya; Consignments arriving at Kenyan Ports without this document will be denied
entry into the Country. Since PVoC is a conformity assessment process to verify that
products imported to Kenya are in compliance with the applicable Kenya standards or
approved equivalents, regulations and technical requirements before shipment, it is the
sole responsibility of the supplier (i.e. exporter) to demonstrate the same and hence meet
any associated costs of verification.
10.
Delivery Period
The delivery period shall be within 3 months after the date of contract award i.e. date of
receipt of official order or signed contract.
19
12.
Warranty
A warranty certificate must be provided with the material. The warranty period shall be at
least 12 months from the date of delivery of the material. The period for correction of
defects in the warranty period is 30 days.
13.
Payment Terms and Conditions

KenGens payment terms are; 30 days upon receipt of certified invoices and delivery notes
confirming that the invoiced material has been delivered and is in accordance with the
contract.
Payment shall be made through KenGens cheque or telegraphic transfer for the amount of
contract. The terms shall be strictly Delivered and Duty Paid (DDP) to Olkaria.
Advance Payment
Advance payment is not applicable.
14.
Prices
Prices shall be fixed during the Suppliers performance of the Contract and not subject to
variation on any account.
20
SECTION E:
TECHNICAL SPECIFICATIONS
Notes Applicable to All Schedules:

1. The material to be supplied shall be new, unused and of the latest design.
2. Delivery will be made to Olkaria, Naivasha, within 3 months from the date of signing
the contract.
3. Documentary evidence to prove that the material offered comply with the Technical
Specifications given below must be provided.
4. Technical performance: Tenderers shall indicate the number of units currently in
operation and their location. Recent brochures or catalogues should be submitted with
the tender.
5. Certificate of Warranty: A certificate of warranty shall be submitted covering a period
of 12 months.
6. Technical Data/Brochures: - Bidders Must provide relevant technical data detailing the
performance parameters of the material or Original manufacturer brochures, where there
are more than one model on a brochure, the bidder, Must highlight the option which they
are quoting for in this tender.
7. If there is a discrepancy between words and figures, the amount in words shall prevail. If
there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail, and the total price
shall be corrected.
21
GENERAL SPECIFICATIONS
GENERAL
1.
These specifications describe the basic requirements for goods. Tenderers are requested
to submit with their offers the detailed specifications, drawings, catalogues, etc. for the
products they intend to supply.
2.
Tenderers must indicate on the specifications sheets whether the equipment offered
comply with each specified requirement.
3.
All the dimensions and capacities of the equipment to be supplied shall not be less than
those required in these specifications. Deviations from the basic requirements, if any,
shall be explained in detail in writing with the offer, with supporting data such as
calculation sheets, etc. The procuring entity reserves the right to reject the products, if
such deviations shall be found critical to the use and operation of the products.
4.
The tenderers are requested to present information along with their offers as follows:
i)
ii)
Shortest possible delivery period of each product

Information on proper representative and/or workshop for back-up service/repair
and maintenance including their names and addresses
All equipment and material of the plant shall be suitable to stand tropical conditions. Ambient
Temp 320 C, Average relative humidity 80%, Operation Altitude at least 600m above sea level.
A. PUMP COMPLETE WITH FLANGES AND COUPLERS:

No.
1
2
3
4
5
6
7
8
9
Item
Type
Stage
Capacity
Head
Liquid to be handled
Duty
Speed
Negative suction head
Efficiency
10
Use
11
Mounting
12
Material
Description
Horizontal Split Casing
Single
120 m3/hr 5%
65 metres minimum
Brine
Continuous
2950 RPM
4 metres minimum
70% or higher
Pump will be used for transferring brine from brine collection pond to
various different locations as and when required
To be mounted on a 4(four) runner portable robust skid
Pump parts shall be made of corrosion resistant materials - stainless
steel.
NOTE:
* The pumps should be dedicated by OEM for brine use.
* At 150% of rated flow, head should not be less than 65% of rated head.
* Pump shut off head should not exceed 140% of rated head.
22
The brine is at an average temperature of about 60oC and has the following composition:
Parameter
pH
B
SO4
Cl
CO2
F
H2S
SiO2
Na
K
Ca
Li
Mg
Concentration (ppm)
9
3
150
700
200
120
5
700
700
250
3
3
2
23
B. PRIME MOVER SPECIFICATIONS

No. Item
1
Engine
Starting system
Fuel system
Lubricating
system
Instrument
panel (Engine
Mounted)
Engine safety
controls
Controller
Speed control
Clutch PTO
Description
a) 52 HP minimum
b) 4-stroke water cooled Diesel Engine
c) conform to either ISO 3046 / BS 5514 / IS10000 specifications
d) rated for continuous power with an over load power rating of 110 % of the continuous
power corresponding to engine application, for a period of 1 hr. within a period of 12
hrs. of operation
e) Separate camshaft for drive of injection pumps with centrifugal variable speed governor
and automatic injection timer
a) Electric starting system comprising of Battery, Starter & Charging system should be
fitted to the engine with proper enclosure for battery
a) Mechanical fuel lift pump
b) Fuel filter: Engine mounted
c) Mechanical / Electronic Governor/hydra mechanical
d) Fuel Injectors
e) Check (Non Return) Valves in fuel supply and drain lines
f) Fuel tank built within the oil field skid (base frame) complete with drain valve, air vent
and inlet and outlet connection along with tank level indicator/gauge (hold fuel for at
least 8 (eight) hours continuous operation of the engine on full load)
g) Automatic extra fuel starting device
a) Forced lubrication with gear pump
b) Full flow oil filtration with external cartridge filter
c) Lubricating Oil Sump
d) Engine mounted, gear driven lube oil pump
e) Engine mounted Lubricating Oil Cooler Water cooled integral with Engine coolant
circuit
f) Lubricating Oil Filter : Engine mounted
g) Lube Oil Dipstick for Oil Level Check : Engine mounted
a) Digital Tachometer & Hour Meter
b) Lube Oil Pressure and temperature Indicator
c) Water Temperature Indicator
d) Emergency Shut Down Knob
e) Fuel Tank level indicator
a) Low lube oil pressure
b) High water temperature
c) Over speed
d) Low water level
NOTE: The Over speed shut down should be effected at 20% above rated speed
with manual reset
a) Having NEMA 2 (IP 54) dust and drip proof enclosure
b) Mounted with pressure switch, drain valve and pressure recorder
c) Provisions for battery charging, battery monitoring, failure alarm for low oil pressure,
high water temperature, charger failure, failed to start, engine over speed etc
a) 2950 rpm
b) Idle speed: approx. 900 r.p.m
c) static speed droop: approx. 5% at 2950 r.p.m.
a) Clutch Power Take Off Unit and gear coupling should be incorporated in the
transmission system to couple the diesel engine with the centrifugal pump for transfer
of power
24
10
Priming Pump
11
Suction &
Delivery
connection
Mandatory
Spares
12
13
Skid
14
Parts
Catalogue,
a) Priming pump should be preferably powered by the same diesel engine which drives the
main centrifugal pump through the provisions of an additional belt & pulley
combination
a) Suction and discharge manifold suitable for suction(20ft suction hose) and
discharge working pressures of the pump should be supplied along with the centrifugal
pump along with strainer
Centrifugal Pump:
a) Mechanical seals 6 sets
b) One set 6" Suction hose consisting of 4 no. 20 ft long hoses, with 4 no. foot valve
(with Companion Connection)
c) Coupling one set with finished bore.
Diesel Engine:
a) Air filter Five set
b) Fuel filterFive set
c) Lube oil filterFive set
d) Air starterOne no
e) Electric starterOne no
f) V belt Five set
g) Coolant 20 Litre
NOTE: (one set means total no per unit)
a) All the equipment and other accessories should be unitized and mounted on a suitable
anti vibration 4 (four) runner portable robust skid enclosed in a suitable canopy.
b) Easy approach to various components for maintenance aspects should be kept in mind
during unitizing.
c) The floor of the skid should be covered with anti skid checkered steel plates.
d) The skid should be fabricated out of properly sized beams to withstand loading
/unloading and transfer on trucks as well as air lifting.
e) The size of the skid should be adequate enough to provide for sufficient working space
in and around the pump set.
f) The skid should be painted with corrosion proof paint.
g) Skid mounted on 2 axle rear wheel trailer with two (2) manual sidewind type located
each side at front of trailer.
h) Skid to be fastened using Stainless Steel material throughout.
a) 4 (four ) sets Parts Catalogue, Operation/Instruction Manual & Drawing, Technical
Information & Bulletin , and 4 sets of CD covering parts list
25
C. TECHNICAL COMPLIANCE FORM

No. Item
PUMP
1 Make
2 Model
3 Country of origin
4 Year of manufacture
5 Manufacturers Authorization
6 Stage
7 Capacity
8 Head
9 Negative suction head
10 Speed
11 Efficiency
12 Application for brine use
Manufacturer specific datasheet or
13
brochures
Additional items necessary for the
14
efficient operation of the pump set
ENGINE
15 Make
16 Model
17 Country of origin
18 Year of manufacturer
19 Manufacturers Authorization
20 Number of Cylinders
21 Make of starter
22 Make of charging alternator
23 Rated Speed
24 ISO Compliance
25 Gross HP at rated RPM
Specific fuel Consumption at
110% Load
26 100% Load
75% Load
50% Load
Fuel tank capacity
27
28
29
30
31
32
Lubrication oil consumption (Ltrs/hr)

Manufacturer specific datasheet or
brochures
2 year manufacturer recommended
spares
Additional items necessary for the
efficient operation of the pump set
Warranty
KenGen Requirement
Bidders Response
Attach Catalogue
Attach Catalogue
Bidder to state
Bidder to state
Attach Copy
Single
Minimum 120 m3/hr
Minimum 65 meters
4 meters
Minimum 2950 RPM
Minimum 70%
Bidder to state
Attach copies
Attach list
Attach Catalogue
Attach Catalogue
Bidder to state
Bidder to state
Attach Copy
4 Cylinder
Attach catalogue
Attach catalogue
Minimum 2950 RPM
ISO 3046 / BS 5514 / IS10000
Minimum 52 HP
Bidder to state and Attach Evidence
Fuel for continuous 8 hours

operation
Bidder to state and Attach Evidence
Attach Copy
Bidder to attach list
Bidder to list as optional
Attach Copy (minimum 1 year)
26
D. PRICE SCHEDULE
Item Description
52HP Diesel Engine-driven skid
1
mounted, horizontal brine pump as per
the technical specifications
Spares for a period of two years as per
2
the list in the technical specifications
Tool box as per the technical
3
specifications
4
Coupling connectors and accessories
Tests, Installation, Training and
5
Commissioning at Olkaria
Sub-Total
Discount (%) if any
Local Taxes, e.g. Duty, VAT, GoK fees, etc
Total Cost DDP Olkaria Power Station, Naivasha
Delivery Period (Months)
Unit
Quantity Unit Price
SET
SET
SET
SET
LOT
Total Price
Tenderers name (Company) _______________________________________________
Signature & Rubber-stamp_____________________________ Date________________

NOTES
In case of discrepancy between unit and total cost, the unit cost shall prevail.
Prices DDP Olkaria Power Station, Naivasha
Documentary evidence (performance data and technical literature) to prove that the items
offered comply with the Technical Specifications must be provided.
The bids must be as per the Technical Specifications in the Tender Document. Bids that do
not conform to the Technical Specifications will be disqualified.
27
SECTION G: TENDER FORM

To: Kenya Electricity Generating Company Limited,
Stima Plaza Phase III, Kolobot Road, Parklands,
P.O Box 47936-00100,
NAIROBI. Kenya.
Gentlemen and/or Ladies:
1. Having examined the Tender Document, the receipt of which is hereby duly acknowledged,
we, the undersigned, offer to supply .(description of Goods) in
conformity with the said Tender Document for the sum of
..........................................................................................................
(total tender amount in words and figures) or such other sums as may be ascertained in
accordance with the Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver the Goods in accordance with the
delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10%
percent of the Contract Price for the due performance of the Contract, in the form prescribed
by KenGen.
4. We agree to abide by this Tender for a period of 120 days from the date fixed for Tender
opening under Clause 19 of the Instructions to Tenderers, and it shall remain binding upon
us and may be accepted at any time before the expiration of that period.
5. Until a formal Contract is prepared and executed, this Tender, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
6. We understand that you are not bound to accept the lowest or any Tender you may receive.
Dated this ________________ day of ________________ 2016.
[signature]
[in the capacity of]
Duly authorized to sign Tender for and on behalf of
28
SECTION H:
TENDER SECURITY FORM
(To be on the Letterhead of the Bank)

Whereas ............................................(name of the tenderer) (hereinafter called the Tenderer)
has submitted its tender dated .................................... (date of submission of tender) for the
supply of ..(description of Goods) (hereinafter called the Tender).
KNOW ALL PEOPLE by these presents that WE ..........................................(name of the bank)
of ............................................(address of bank) (hereinafter called the Bank), are bound unto
KenGen in the sum of ...................................................................................................
......................................................(amount in words and figures) for which payment well and
truly to be made to the said KenGen , the Bank binds itself , its successors, and assigns by these
presents. Sealed with the Common Seal of the said Bank this ___________ day of
___________________ 2016.
THE CONDITIONS of this obligation are:

1.
If the Tenderer withdraws its Tender during the period of tender validity specified by the
Tenderer on the Tender Form; or
2.
If the Tenderer, having been notified of the acceptance of its Tender by KenGen during the
period of tender validity:
(a) fails or refuses to execute the Contract Form, if required; or
(b) fails or refuses to furnish the performance security, in accordance with the
Instructions to Tenderers;
we undertake to pay to KenGen up to the above amount upon receipt of its first written demand,
without KenGen having to substantiate its demand, provided that in its demand KenGen will
note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of tender
validity, and any demand in respect thereof should reach the Bank not later than the above date.
__________________________________
(Signature of the Bank)
29
SECTION I:
INSURANCE TENDER SECURITY FORM
Tender No.: --------------------------------------------------Supply of ----------------------------------------------To: Kenya Electricity Generating Company Limited

WHEREAS [insert: name of Tenderer] (hereinafter called the Tenderer) has submitted its
tender dated [insert: date of tender] for the performance of the above-named Contract
(hereinafter called the Tender)
KNOW ALL PERSONS by these present that WE [insert: name of the insurance company] of
[insert: address of insurance company] (hereinafter called the Guarantor) are bound unto
Kenya Electricity Generating Company Limited (hereinafter called the Purchaser) in the sum
of., for which payment well and truly to be made to the said Purchaser, the
guarantor binds itself, its successors and assigns by these presents.
Sealed with the Common Seal of the said Guarantor this [insert: number] day of [insert:
month], [insert: year].
THE CONDITIONS of this obligation are the following:
1. If, after the tender submission deadline, the Tenderer
a) withdraws its tender during the period of tender validity specified by the Tenderer in the
Tender Form, or
b) does not accept KenGen corrections of arithmetic errors in accordance with the
Instructions to Tenderers; or
c) does not at all reply to KenGen requests for clarification
2.
If the Tenderer, having been notified of the acceptance of its tender by KenGen during the
period of tender validity
a)
b)
Fails or refuses to sign the Contract Agreement when required; or

Fails or refuses to issue the performance security in accordance with the Instructions to
Tenderers.
We undertake to pay to KenGen up to the above amount upon receipt of its first written demand,
without the KenGen having to substantiate its demand, provided that in its demand KenGen will
note that the amount claimed by it is due it, owing to the occurrence of any one of the two
above-named CONDITIONS, and specifying the occurred condition or conditions.
This guarantee will remain in full force up to and including [insert: the date that is 30 days
after the period of tender validity], and any demand in respect thereof must reach the Guarantor
not later than the above date.
For and on behalf of the
Signed:
Date:
in the capacity of: [ insert: title or other appropriate designation ]
Common Seal of the Guarantor
30
SECTION J:
MANDATORY CONFIDENTIAL BUSINESS

QUESTIONNAIRE
(Must be filled by all applicants or tenderers who choose to participate in this tender)
Name of Applicant (S)

.
You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever
applies to your type of business. Part 2 (d) to part 2(i) must be filled.
You are advised that giving wrong or false information on this Form will lead to automatic
disqualification / termination of your business proposal at your cost.
Part 1 General
Business Name:......
Certificate of Incorporation / Registration No.
Location of business premises:
Country ...
Physical address .Town .

BuildingFloor..
Plot No. Street / Road ....
Postal Address .Postal / Country Code
Telephone Nos Fax Nos. .
E-mail address ..Website.
Contact Person (Full Names) .
Direct / Mobile Nos. ..
Title Power of Attorney (Yes / No). If Yes, attach written
document.
Nature of Business (Indicate whether manufacturer, distributor, etc) ...
(Applicable to Local suppliers only)
Local Authority Trading License No. Expiry Date
Value Added Tax No..
Value of the largest single assignment you have undertaken to date (US$/KShs) .
31
Was this successfully undertaken? Yes / No. .(If Yes, attach reference)
Name (s) of your banker (s) ..
Branches . Tel Nos. .
Part 2 (a) Sole Proprietor
Full names .....
Nationality .. Country of Origin ....
*Citizenship details.....
Company Profile . (Attach brochures or annual reports in case of public
companies)
Part 2 (b) Partnerships
Give details of partners as follows:
Full Name
Nationality
Citizenship Details
Shares
1
2
3
4
Company Profile .(Attach brochures)
Part 2 (c) Registered Company
Private or public .
Company Profile (Attach brochures or annual reports in case of public companies)
State the nominal and issued capital of the Company
Nominal KShs ...
Issued KShs ...
List of top ten (10) shareholders and distribution of shareholding in the company.
Give details of all directors as follows:-
Full Name
Nationality
Citizenship Details
Shares
1
32
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 KenGen and
any other public or private institutions.
Full Names Signature.
Dated this day of 2016.
In the capacity of
Duly authorized to sign Tender for and on behalf of
Part 2 (e) 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 .2016.
Suppliers / Companys Official Rubber Stamp
Part 2 (f) Conflict of Interest
I/We, the undersigned state that I / We have no conflict of interest in relation to this
procurement:
a)
b)
c)
d)
33
For and on behalf of M/s

In the capacity of
Dated this day of .2016
Part 2 (g) Interest in the Firm:
Is there any person / persons in KenGen or any other public institution who has interest in the
Firm? Yes / No? .. (Delete as necessary)
Institution
Title
Signature
Date
1
2
3
4
Part 2(h) Experience
Please list here below similar projects accomplished or companies / clients you have supplied
with similar items or materials in the last two (2) years.
Company
Name
Country
Contract/Order Value
No.
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 Kenya Electricity Generating Company Limited authority to seek any other references
concerning my / our company from whatever sources deemed relevant, e.g. Office of the
Registrar of Companies, Bankers, etc.
Full names
Signature
For and on behalf of M/s
34
In the capacity of
Dated this day of .2016.
*Attach proof of citizenship

* Attach certified copies of the following documents:
a)
b)
c)
d)
e)
f)
Previous orders from companies supplied before

Certificate of Incorporation / Registration
Tax Compliance Certificate (for local suppliers)
VAT Certificate (for local suppliers)
Audited Financial Statements / Accounts for the last two (2) years
Valid Local Authority / Trade License (for local suppliers)
35
SECTION K: CONTRACT FORM

THIS AGREEMENT made the ................. day of ...................................... 2016 between
KenGen of the one part and
................................. (name of Supplier) of
.....................................................(city and country of Supplier) (hereinafter called the
Supplier) of the other part:
WHEREAS KenGen invited tenders for the supply of certain goods, viz.,...................
(description of Goods) and has accepted a tender by the Supplier for the supply of those Goods
in the sum of ............................................................................................................
..........................(Contract Price in words and figures) (hereinafter called the Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract.
2.
The following document shall be deemed to form and be read and construed as part of this
Agreement, viz.:
(a) the Tender Form and the Price Schedule submitted by the Supplier;
(b) the Technical Specifications, Schedule of Requirements and Prices;
(c) the General Conditions of Contract;
(d) the Special Conditions of Contract; and
(e) KenGens Notification of Award.
3.
In consideration of the payments to be made by KenGen to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with KenGen to provide the Goods and to remedy
defects therein in conformity in all respects with the provisions of the Contract
4.
KenGen hereby covenants to pay the Supplier in consideration of the provision of the Goods and
the remedying of defects therein, the Contract Price or such other sum as may become 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 the day
and year first above written.
Signed and Sealed in the Common Seal of
KenGen in the presence of:
COMPANY SECRETARY
)
)
)
36
WITNESS
)
)
)
)
)
Signed and Sealed with the Common Seal of

the Supplier in the presence of:
DIRECTOR
SECRETARY
)
)
)
)
)
)
)
)
)
37
SECTION L: PERFORMANCE SECURITY FORM

(To be on the Letterhead of the Bank)

P.O Box 479360-00100,
NAIROBI. KENYA
WHEREAS ........................................................................................................[name of Supplier]

(hereinafter called the Supplier) has undertaken, in pursuance of Contract No. ..........................
dated ...................................................2016 to supply................... (description of Goods)
(hereinafter called the Contract).
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall
furnish you with a bank guarantee by a reputable bank for the sum specified therein as security
for compliance with the Suppliers performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Supplier, up to a total of .................................................................... (amount of guarantee in
words and figures), and we undertake to pay you, upon your first written demand declaring the
Supplier to be in default under the Contract and without cavil or argument, any sum or sums
within the limits of................................................................ (amount in words and figures) 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 ....................................2016.
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
38
SECTION M:
MANUFACTURERS AUTHORIZATION FORM

P.O Box 479360-00100,
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 for the above
material manufactured by us.
We hereby extend our full guarantee and warranty as per the General and Special Conditions of
Contract for 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 and having the power of attorney to bind the Manufacturer. It must be
submitted with and be part of the tender.
39

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KGN-GDD-016-2016

TENDER FOR SUPPLY, DELIVERY, TESTING AND

Kenya Electricity Generating Company Ltd,

INVITATION FOR TENDERS ......................................................................................3

INSTRUCTIONS TO TENDERERS ..............................................................................4

GENERAL CONDITIONS OF CONTRACT ..............................................................14

SPECIAL CONDITIONS OF CONTRACT .................................................................19

TECHNICAL SPECIFICATIONS ...............................................................................21

TECHNICAL SPECIFICATIONS ............................... Error! Bookmark not defined.

TENDER FORM ...........................................................................................................28

TENDER SECURITY FORM ......................................................................................29

INSURANCE TENDER SECURITY FORM ..............................................................30

MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE ..........................31

CONTRACT FORM .....................................................................................................36

PERFORMANCE SECURITY FORM ........................................................................38

MANUFACTURERS AUTHORIZATION FORM ....................................................39

SECTION A: INVITATION FOR TENDERS

SUPPLY CHAIN DIRECTOR

SECTION B: INSTRUCTIONS TO TENDERERS

Invitation for Tenders

Clarification of Tender Document

Supply Chain Director

Amendment of Tender Document

Document Comprising the Tender

a Tender Form and a Price Schedule completed in accordance with Clauses 8, 9

tender security furnished in accordance with Clause 11

Tenderers Eligibility and Qualifications.

Goods Eligibility and Conformity to Tender Document.

(a) a detailed description of the essential technical and performance characteristics of

in the case of a successful tenderer, if the tenderer fails:

to sign the contract in accordance with Clause 29

to furnish performance security in accordance with Clause 30.

shorter period shall be considered as non-responsive and shall be rejected by KenGen.

Format and Signing of Tender

Sealing and Marking of Tenders

bear, " KGN-GDD-016-2016 - TENDER FOR SUPPLY, DELIVERY,

Deadline for Submission of Tenders

Modification and Withdrawal of Tenders

Alternative Proposals by Tenderers

Opening and Evaluation of Tenders

Mandatory Preliminary Evaluation Criteria

Manufacturers authorization, guarantee and warranty

Evaluation and Comparison of Tenders

KenGens Right to Accept or Reject Any or All Tenders

31. Corrupt or Fraudulent Practices

corrupt practice means the offering, giving, receiving or soliciting of any

fraudulent practice means a misrepresentation of facts in order to influence

SECTION C: GENERAL CONDITIONS OF CONTRACT

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

Use of Contract Documents and Information

The proceeds of the performance security shall be payable to KenGen as compensation

The performance security shall be denominated in the currency of the Contract, or in a

Inspection and Tests

All consignments subject to Pre-Export Verification of Conformity (PVoC) to

Delivery and Documents

if the Supplier, in the judgment of KenGen has engaged in corrupt or fraudulent

Language and Law

SECTION D: SPECIAL CONDITIONS OF CONTRACT

Signature & Rubber-stamp_____________ Date

Dated this day of 2016.