RFx No.

1000002656

TENDER DOCUMENT

SUPPLY OF TOOL BOXES & EQUIPMENT

TENDER NO: KP1/9A.3/OT/46/23-24

15TH MAY 2024

ALL TENDERERS ARE ADVISED TO READ CAREFULLY THIS TENDER

DOCUMENT IN ITS ENTIRETY BEFORE MAKING ANY BID

TENDER DOCUMENT FOR SUPPLY OF GOODS

(E- PROCUREMENT FOR OPEN TENDER SYSTEM)

THE KENYA POWER & LIGHTING COMPANY PLC

CENTRAL OFFICE, STIMA PLAZA,
P.O. BOX 30099-00100,
NAIROBI,
KENYA.

Telephones: +254-020-3201000; 3644000 Pilot Lines

Telephones: +254 -711031386/0711031398
Email: www.kplc.co.ke
[email protected]

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 ABBREVIATIONS

AO Accounting Officer
CBK Central Bank of Kenya

CBQ Confidential Business Questionnaire

FY Financial / Fiscal Year

GTP Guaranteed Technical Particulars

IFT Invitation for Tenders

ITT Instructions to Tenderers

JV Joint Venture

NCB National competitive tender

PPADA Public Procurement and Asset Disposal Act, 2015

PPADR Public Procurement and Asset Disposal

Regulations 2020
PPRA Public Procurement Regulatory Authority

R Responsive

NR Not-Responsive

RFQ Request for Quotation

STD Standard Tender Documents

TDS Tender Data Sheet

TEC Tender Evaluation Committee

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Contents
INVITATION TO TENDER .......................................................................................................................... 3

PART 1 - TENDERING PROCEDURES...................................................................................................... 4

SECTION I: INSTRUCTIONS TO TENDERERS ..................................................................................... 5

SECTION II – TENDER DATA SHEET (TDS)............................................................................................. 23
SECTION III - EVALUATION AND QUALIFICATION CRITERIA ......................................................... 27
SECTION IV - TENDERING FORMS ........................................................................................................... 38
PART 2: SUPPLY REQUIREMENTS ........................................................................................................ 60
SECTION V - SCHEDULE OF REQUIREMENTS ....................................................................................... 61
PART 3 - CONDITIONS OF CONTRACT AND CONTRACT FORMS ..................................................... 68
SECTION VI - GENERAL CONDITIONS OF CONTRACT ....................................................................... 69
SECTION VII - SPECIAL CONDITIONS OF CONTRACT ......................................................................... 82
SECTION VII - SPECIAL CONDITIONS OF CONTRACT ......................................................................... 82
SECTION VIII - CONTRACT FORMS ......................................................................................................... 87
FORM No. 1: NOTIFICATION OF INTENTION TO AWARD ............................................................. 88
FORM NO. 2 - REQUEST FOR REVIEW ..................................................................................................... 91
FORM NO. 3 LETTER OF AWARD ........................................................................................................... 92
FORM NO. 4 - CONTRACT AGREEMENT ............................................................................................... 93
FORM NO. 5 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank Guarantee] –
(Applicable) ........................................................................................................................................... 94
FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance Bond]- (Not Applicable) .............. 95
FORM NO. 7 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee] ........................................ 97
FORM NO. 8 BENEFICIAL OWNERSHIP ................................................................................................. 98
FORM NO. 9 - SUBCONTRACTORS ......................................................................................................... 101

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 INVITATION TO TENDER
th
DATE: 15 May 2024

TENDER NO: KP1/9A.3/OT/46/23-24

NAME: SUPPLY OF TOOL BOXES & EQUIPMENT

1. Introduction
KPLC invites sealed tenders for SUPPLY OF TOOL BOXES & EQUIPMENT. Eligible Tenderers may obtain
further information from the General Manager- Supply Chain, The Kenya Power & Lighting Company Plc at Stima
Plaza, 3rd Floor, Kolobot Road, and P.O. Box 30099 – 00100 Nairobi, Kenya during office hours (0900 to
1500hours). Tendering is open to all qualified and interested bidders.
2. Obtaining Tender Documents
Tender documents detailing the tender requirements shall be obtained from the KPLC E- Procurement Portal – RFx
No.1000002656 Prospective bidders may also download the tender document from KPLC’s website
(www.kplc.co.ke) free of charge.
3. Submission of Tender Documents
Completed Tenders are to be submitted in electronic format on the KPLC’s (Central Office) E-procurement portal.
The Tender is to be submitted ONLINE on or before on the date and the time specified in the KPLC tendering
portal under RFx No. 1000002656 at 10.00am (East African Time). Manual submission of tenders will not be
accepted.

4. Prices
Offered Price in the price schedule should be inclusive of all taxes, duties, levies and delivery costs to the premises
(where applicable) of KPLC or other specified site and it must be in Kenya Shillings or a freely convertible currency
in Kenya and shall remain valid for One Hundred and Eighty (180) days from the closing date of the tender.
Please note that prices indicated on the KPLC tendering portal should be exclusive of VAT. Tendering will be
conducted under open competitive method (National) using a standardized tender document.
5. Bid Security
All Tenders must be accompanied by a Tender Security of Kshs. 500,000 (Five Hundred Thousand). Amount
and currency of the Tender Security shall be in Kenya Shillings. The Tender Security should be valid for 210 days
from the date of closing the tender and shall be required in form of bank guarantee only.

Note: The Original Tender Security should be kept in an envelope clearly labelled with the Tender number &
name, and shall be deposited in the Tender Security Box on 3rd Floor Supply Chain Reception at Stima
Plaza, Kolobot Road, Parklands Nairobi.

6. The Tenderer shall chronologically serialize all pages of the tender document submitted.

7. Tenders will be opened promptly thereafter in the presence of the Tenderers or their representatives who
choose to attend in the KPLC Auditorium at Stima Plaza, Kolobot Road, Parklands, Nairobi. All health
protocols during opening Shall be observed and only one representative will be allowed in opening venue.
8. Late tenders will be rejected.

9. Pre-Bid- There will be no pre-bid meeting for this tender.

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PART 1 - TENDERING PROCEDURES

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 SECTION I: INSTRUCTIONS TO TENDERERS

A General Provisions

1. Scope of Tender

1.1 KPLC as defined in the TDS invites tenders for supply of goods and, if applicable,
any Related Services incidental thereto, as specified in Section V, Supply
Requirements. The name, identification, and number of lots (contracts) of this Tender
Document are specified in the TDS.

1.2 Throughout this tendering document:

a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax,
including if specified in the TDS, distributed or received through the electronic-
procurement system used by the Procuring Entity) with proof of receipt;
b) if the context so requires, “singular” means “plural” and vice versa;
c) “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day
is any day that is an official working day of the Procuring Entity. It excludes official
public holidays.

2. Fraud and Corruption

2.1 KPLC requires compliance with the provisions of the Public Procurement and
Asset Disposal Act, 2015, Section 62 “Declaration not to engage in corruption”. The
tender submitted by a person shall include a declaration that the person shall not
engage in any corrupt or fraudulent practice and a declaration that the person or his
or her sub-contractors are not debarred from participating in public procurement
proceedings.

2.2 KPLC requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contracting. Any tenderer found to have engaged in
collusive conduct shall be disqualified and criminal and/or civil sanctions may be
imposed. To this effect, Tenders shall be required to complete and sign the
“Certificate of Independent Tender Determination” annexed to the Form of Tender.

2.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require
that the firms or their Affiliates competing for a specific assignment do not derive a
competitive advantage from having provided consulting services related to this tender.
To that end, KPLC shall indicate in the Data Sheet and make available to all the
firms together with this tender document all information that would in that respect
give such firm any unfair competitive advantage over competing firms.

3. Eligible Tenderers
3.1 A Tenderer may be a firm that is a private entity, an individual, a state-owned
enterprise or institution subject to ITT3.7, or any combination of such entities in the
form of a joint venture (JV) under an existing agreement or with the intent to enter
into such an agreement supported by a letter of intent. Public employees and their
close relatives (spouses, children, brothers, sisters and uncles and aunts) are not
eligible to participate in the tender.

In the case of a joint venture, all members shall be jointly and severally liable for
the execution of the entire Contract in accordance with the Contract terms. The JV
shall nominate a Representative who shall have the authority to conduct all business
for and on behalf of any and all the members of the JV during the Tendering process
and, in the event the JV is awarded the Contract, during contract execution. The
maximum number of JV members shall be specified in the TDS.

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3.2 Public Officers of KPLC, business associates or agents and firms/organizations in
which they have a substantial or controlling interest shall not be eligible to tender
or be awarded a contract. Public Officers are also not allowed to participate in any
procurement proceedings.

3.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict
of interest shall be disqualified. A Tenderer may be considered to have a conflict of
interest for the purpose of this Tendering process, if the Tenderer:
a) directly or indirectly controls, is controlled by or is under common control with another
Tenderer; or
b) receives or has received any direct or indirect subsidy from another Tenderer; or
c) has the same - representative or ownership as another Tenderer; or
d) has a relationship with another Tenderer, directly or through common third parties,
that puts it in a position to influence the Tender of another Tenderer, or influence
the decisions of the Procuring Entity regarding this Tendering process; or
e) or any of its affiliates participated as a consultant in the preparation of the design
or technical specifications of the goods that are the subject of the Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring
Entity or Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or directly
related to consulting services for the preparation or implementation of the project
specified in the TDS ITT 1.1 that it provided or were provided by any affiliate that
directly or indirectly controls, is controlled by, or is under common control with that
firm; or has a close business or family relationship with a professional staff of the
Procuring Entity (or of the project implementing agency, who: (i) are directly or
indirectly involved in the preparation of the tendering document or specifications of
the Contract, and/or the Tender evaluation process of such Contract; or (ii) would be
involved in the implementation or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a manner acceptable to the
Procuring Entity throughout the Tendering process and execution of the Contract.
3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or
fraudulent practice. A tenderer that is proven to have been involved in any of these
practices shall be automatically disqualified.
3.5 A firm that is a Tenderer (either individually or as a JV member) shall not submit
more than one Tender, except for permitted alternative Tenders. This includes
participation as a subcontractor. Such participation shall result in the disqualification of
all Tenders in which the firm is involved. A firm that is not a Tenderer or a JV
member, may participate as a subcontractor in more than one Tender. Members of a
joint venture may not also make an individual tender, be a subcontractor in a separate
tender or be part of another joint venture for the purposes of the same Tender.
3.6 A Tenderer may have the nationality of any country, subject to the restrictions
pursuant to ITT3.9. A Tenderer shall be deemed to have the nationality of a country
if the Tenderer is constituted, incorporated or registered in and operates in conformity
with the provisions of the laws of that country, as evidenced by its articles of
incorporation (or equivalent documents of constitution or association) and its
registration documents, as the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or sub consultants for any
part of the Contract including related Services.
3.7A Tenderer that has been debarred by the PPRA from participating in public procurement
shall be ineligible to tender or be awarded a contract. The list of debarred firms and
individuals is available from the PPRA's website www.ppra.go.ke
3.8 Tenderers that are state-owned enterprises or institutions may be eligible to compete
and be awarded a Contract(s) only if they are (i) a legal public entity of the state
Government and/or public administration, (ii) financially autonomous and not receiving
any significant subsidies or budget support from any public entity or Government,
and (iii) operating under commercial law and vested with legal rights and liabilities
similar to any commercial enterprise to enable it compete with firms in the private
sector on an equal basis. Public employees and their close relatives are not eligible
to participate in the tender.
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 3.9 Tenderers may be ineligible if their countries of origin (a) as a matter of law or
official regulations, Kenya prohibits commercial relations with that country, or(b) by
an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, Kenya prohibits any import
of goods or contracting for supply of goods or services from that country, or any
payments to any country, person, or entity in that country. A tenderer shall provide
such documentary evidence of eligibility satisfactory to KPLC, as it shall reasonably
request.
3.10 Tenderers shall provide the qualification information statement that the tenderer
(including all members of a joint venture and subcontractors) is not associated, or
have been associated in the past, directly or indirectly, with a firm or any of its
affiliates which have been engaged by KPLC to provide consulting services for the
preparation of the design, specifications, and other documents to be used for the
procurement of the goods under this Invitation for tenders.

3.11 Where the law requires tenderers to be registered with certain authorities in Kenya,
such registration requirements shall be defined in the TDS

3.12 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture
undertakings which may prevent, distort or lessen competition in provision of services
are prohibited unless they are exempt in accordance with the provisions of Section
25 of the Competition Act, 2010. JVs will be required to seek for exemption from
the Competition Authority. Exemption shall not be a condition for tender, but it shall
be a condition of contract award and signature. A JV tenderer shall be given
opportunity to seek such exemption as a condition of award and signature of contract.
Application for exemption from the Competition Authority of Kenya may be accessed
from the website www.cak.go.ke.

3.13 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations
by producing a current tax clearance certificate or tax exemption certificate issued by
the Kenya Revenue Authority.

4. Eligible Goods and Related Services

4.1 All the Goods and Related Services to be supplied under the Contract shall have their
origin in any country that is eligible in accordance with ITT 3.9.

4.2 For purposes of this ITT, the term “goods” includes commodities, raw material, machinery,
equipment, and industrial plants; and “related services” include services such as insurance,
installation, training, and initial maintenance.

4.3 The term “origin” means the country where the goods have been mined, grown, cultivated,
produced, manufactured or processed; or, through manufacture, processing, or assembly,
another commercially recognized article results that differs substantially in its basic
characteristics from its components.

4.4 KPLC shall ensure that the items listed below shall be sourced from Kenya and there
shall be no substitutions from foreign sources. The affected items are:
a) motor vehicles, plant and equipment which are assembled in Kenya;
b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel,
cement, leather, agro-processed products, sanitary products, and other goods made in
Kenya; or
c) goods manufactured, mined, extracted or grown in Kenya.

4.5 Any goods, works and production processes with characteristics that have been declared
by the relevant national environmental protection agency or by other competent authority
as harmful to human beings and to the environment shall not be eligible for procurement.

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5. Sections of Tendering Document

5.1 The tendering document consist of Parts 1, 2, and 3, which include all the sections
indicated below, and should be read in conjunction with any Addenda issued in accordance
with ITT8.

PART 1: Tendering Procedures

i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tendering Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria
iv) Section IV - Tendering Forms

PART 2: Supply Requirements

v) Section V - Schedule of Requirements

PART 3: Contract
vi) Section VI - General Conditions of Contract (GCC)

vii) Section VII - Special Conditions of Contract (SCC)

viii) Section VIII- Contract Forms

5.2 The notice of Invitation to Tender or the notice to the prequalified Tenderers issued by
the Procuring Entity is not part of the tendering document.

5.3 Unless obtained directly from KPLC, KPLC shall not responsible for the completeness of
the document, responses to requests for clarification, the minutes of the pre-tender meeting
(if any), or addenda to the tendering document in accordance with ITT7.

5.4 The Tenderer is expected to examine all instructions, forms, terms, and specifications in
the tendering document and to furnish with its Tender all information or documentation
as is required by the tendering document.

6. Clarification of Tendering Document

6.1 A Tenderer requiring any clarification of the Tender Document shall contact KPLC in
writing at the KPLC’s address specified in the TDS or raise its enquiries during the pre-
Tender meeting if provided for in accordance with ITT 6.4. KPLC will respond in writing
to any request for clarification, provided that such request is received no later than the
period specified in the TDS prior to the deadline for submission of tenders. KPLC shall
forward copies of its response to all tenderers who have acquired the Tender documents
in accordance with ITT 5.3, including a description of the inquiry but without identifying
its source. If so specified in the TDS, KPLC shall also promptly publish its response at
the web page identified in the TDS. Should the clarification result in changes to the
essential elements of the Tender Documents, KPLC shall amend the Tender Documents
following the procedure under ITT 7.

6.2 KPLC shall specify in the TDS if a pre-tender conference will be held, when and where.
The Tenderer's designated representative is invited to attend a pre-Tender meeting. The
purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.

6.3 The Tenderer is requested to submit any questions in writing, to reach KPLC not later
than the period specified in the TDS before the meeting.

6.4 Minutes of the pre-Tender meeting, if applicable, including the text of the questions asked
by Tenderers and the responses given, together with any responses prepared after the
meeting, will be transmitted promptly to all Tenderers who have acquired the Tender
Documents in accordance with ITT 6.3. Minutes shall not identify the source of the questions
asked.

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 6.5 KPLC shall also promptly publish anonymized (no names)Minutes of the pre-Tender
meeting at the web page identified in the TDS. Any modification to the Tender Documents
that may become necessary as a result of the pre-Tender meeting shall be made by the
KPLC exclusively through the issue of an Addendum pursuant to ITT 7 and not through
the minutes of the pre-Tender meeting. Nonattendance at the pre- Tender meeting will not
be a cause for disqualification of a Tenderer.

7. Amendment of Tendering Document

7.1 At any time prior to the deadline for submission of Tenders, KPLC may amend the tendering
document by issuing addenda.

7.2 Any addendum issued shall be part of the tendering document and shall be
communicated in writing to all who have obtained the tender document from KPLC in
accordance with ITT 6.3. KPLC shall also promptly publish the addendum on the Procuring
Entity's web page in accordance with ITT 7.1.

7.3 To give prospective Tenderers reasonable time in which to take an addendum into
account in preparing their Tenders, KPLC may, at its discretion, extend the deadline for
the submission of Tenders, pursuant to ITT 21.2.
C. Preparation of Tenders

8. Cost of Tendering

8.1 The Tenderer shall bear all costs associated with the preparation and submission of its
Tender, and KPLC shall not be responsible or liable for those costs, regardless of the
conduct or outcome of the Tendering process.

9. Language of Tender

9.1 The Tender, as well as all correspondence and documents relating to the Tender exchanged
by the Tenderer and KPLC, shall be written in English Language. Supporting documents
and printed literature that are part of the Tender may be in another language provided
they are accompanied by an accurate translation of the relevant passages into the English
Language, in which case, for purposes of interpretation of the Tender, such translation
shall govern.

10. Documents Comprising the Tender

10.1 The Tender shall comprise the following:

a) Form of Tender prepared in accordance with ITT11;
b) Price Schedules: completed in accordance with ITT 11 and ITT 13;
c) Tender Security or Tender-Securing Declaration, in accordance with ITT 18.1;
d) Alternative Tender: if permissible, in accordance with ITT12;
e) Authorization: written confirmation authorizing the signatory of the Tender to commit
the Tenderer, in accordance with ITT19.3;
f) Qualifications: documentary evidence in accordance with ITT 16.2 establishing the
Tenderer qualifications to perform the Contract if its Tender is accepted;
g) Tenderer Eligibility: documentary evidence in accordance with ITT16.1 establishing the
Tenderer eligibility to tender;
h) Eligibility of Goods and Related Services: documentary evidence in accordance with ITT
15, establishing the eligibility of the Goods and Related Services to be supplied by the
Tenderer;
i) Conformity: documentary evidence in accordance with ITT15.2 that the Goods and
Related Services conform to the tender document; and
j) any other document required in the TDS.

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10.2 In addition to the requirements under ITT 10.1, Tenders submitted by a JV shall include
a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter
of intent to execute a Joint Venture Agreement in the event of a successful Tender shall
be signed by all members and submitted with the Tender, together with a copy of the
proposed Agreement.

10.3 The Tenderer shall furnish in the Form of Tender information on commissions gratuities,
and fees, if any, paid or to be paid to agents or any other party relating to this
Tender.

11. Form of Tender and Price Schedules

11.1 The Form of Tender and Price Schedules shall be prepared using the relevant forms
furnished in Section IV, Tendering Forms. The forms must be completed without any
alterations to the text. All blank spaces shall be filled in with the information requested.
The Tenderer shall chronologically serialize pages of all tender documents submitted.

12. Alternative Tenders

12.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.
13. Tender Prices and discounts

13.1 The prices quoted by the Tenderer in the Form of Tender and in the Price, Schedules
shall conform to the requirements specified below.

13.2 All lots (contracts) and items must be listed and priced separately in the Price Schedules.

13.3 The price to be quoted in the Form of Tender in accordance with ITT10.1 shall be the
total price of the Tender, including any discounts offered.

13.4 The Tenderer shall quote any discounts and indicate the methodology for their application
in the form of tender. Conditional discounts will be rejected.

13.5 Prices quoted by the Tenderer shall be fixed during the performance of the Contract and
not subject to variation on any account, unless otherwise specified in the TDS. A Tender
submitted with an adjustable price quotation shall be treated as non-responsive and shall
be rejected, pursuant to ITT 28. However, if in accordance with the TDS, prices quoted
by the Tenderer shall be subject to adjustment during the performance of the Contract, a
Tender submitted with a fixed price quotation shall not be rejected, but the price adjustment
shall be treated as zero.

13.6 If specified in ITT 1.1, Tenders are being invited for individual lots (contracts) or for
any combination of lots (packages). Unless otherwise specified in the TDS, prices quoted
shall correspond to 100 % of the items specified for each lot and to 100% of the
quantities specified for each item of a lot. Tenderers wishing to offer discounts for the
award of more than one Contract shall specify in their Tender the price reductions
applicable to each package, or alternatively, to individual Contracts within the package.
Discounts shall be submitted in accordance with ITT 13.4 provided the Tenders for all
lots (contracts) are opened at the same time.

13.7 The terms EXW, CIP, CIF, DDP and other similar terms shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International Chamber of
Commerce.
13.8 Prices shall be quoted as specified in each Price Schedule included in Section IV,
Tendering Forms. The disaggregation of price components is required solely for the
purpose of facilitating the comparison of Tenders by KPLC. This shall not in any way
limit KPLC’s right to contract on any of the terms offered. In quoting prices, the Tenderer
shall be free to use transportation through carriers registered in any eligible country.
Similarly, the Tenderer may obtain insurance services from any eligible country in
accordance with ITT 3.6, Eligible Tenders. Prices shall be entered in the following manner:
a) For Goods manufactured in Kenya:
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 i) the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex
showroom, or off-the- shelf, as applicable) final destination point indicated in
the TDS, including all customs duties and sales and other taxes already paid
or payable on the components and raw material used in the manufacture or
assembly of the Goods;
ii) any sales tax and other taxes which will be payable in Kenya on the Goods
if the Contract is awarded to the Tenderer; and
iii) the price for inland transportation, insurance, and other local services required
to convey the Goods to their final destination specified in the TDS.
b) For Goods manufactured outside Kenya, to be imported:
i) The price of the Goods, quoted CIP named place of destination, in Kenya,
as specified in the TDS;
ii) the price for inland transportation, insurance, and other local services
required to convey the Goods from the named place of destination to their
final destination specified in the TDS;
c) For Goods manufactured outside Kenya, already imported:
i) the price of the Goods, including the original import value of the Goods; plus,
any mark-up (or rebate); plus, any other related local cost, and custom duties
and other import taxes already paid or to be paid on the Goods already
imported;
ii) the custom duties and other import taxes already paid (need to be supported
with documentary evidence) or to be paid on the Goods already imported;

iii) any sales and other taxes levied in Kenya which will be payable on the
Goods if the Contract is awarded to the Tenderer; and
iv) the price for inland transportation, insurance, and other local services required
to convey the Goods from the named place of destination to their final
destination (Project Site) specified in the TDS.

d) for Related Services, other than inland transportation and other services required to convey
the Goods to their final destination, whenever such Related Services are specified in the
Schedule of Requirements, the price of each item comprising the Related Services (inclusive
of any applicable taxes).

14. Currencies of Tender and Payment

14.1 The currency (ies) of the Tender, the currency (ies) of award and the currency (ies) of
contract payments shall be the same.
14.2 The Tenderer shall quote in Kenya shillings. If allowed in the TDS, the Tenderer may
express the Tender price in any currency, provided it shall use no more than two foreign
currencies in addition to the Kenya Shilling.
14.3 The rates of exchange to be used by the Tenderer shall be based on the exchange rates
provided by the Central Bank of Kenya on the date 30 days prior to the actual date of
tender opening.

15. Documents Establishing the Eligibility and Conformity of the Goods and Related Services
15.1 To establish the eligibility of the Goods and Related Services in accordance with ITT 15,
Tenderers shall complete the country of origin declarations in the Price Schedule Forms,
included in Section IV, Tendering Forms.
15.2 To establish the conformity of the Goods and Related Services to the tendering document,
the Tenderer shall furnish as part of its Tender the documentary evidence that the Goods
conform to the technical specifications and standards specified in Section VII, Schedule
of Requirements.
15.3 The documentary evidence may be in the form of literature, drawings or data, and shall
consist of a detailed item by item description of the essential technical and performance
characteristics of the Goods and Related Services, demonstrating substantial responsiveness
of the Goods and Related Services to the technical specification, and if applicable, a
statement of deviations and exceptions to the provisions of the Section VII, Schedule of
Requirements.

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15.4 The Tenderer shall also furnish a list giving full particulars, including available sources
and current prices of spare parts, special tools, etc., necessary for the proper and continuing
functioning of the Goods during the period specified in the TDS following commencement
of the use of the goods by the KPLC.
15.5 Standards for workmanship, process, material, and equipment, as well as references to
brand names or catalogue numbers specified by KPLC in the Schedule of Requirements,
are intended to be descriptive only and not restrictive. The Tenderer may offer other
standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates,
to KPLC’s satisfaction, that the substitutions ensure substantial equivalence or are superior
to those specified in the Section VII, Schedule of Requirements.

16. Documents Establishing the Eligibility and Qualifications of the Tenderer

16.1 To establish Tenderer eligibility in accordance with ITT 4, Tenderers shall complete the
Form of Tender, included in Section IV, Tendering Forms.
16.2 The documentary evidence of the Tenderer qualifications to perform the Contract if its
Tender is accepted shall establish to KPLC’s satisfaction:
a) that, if required in the TDS, a Tenderer that does not manufacture or produce the Goods
it offers to supply shall submit the Manufacturer's Authorization using the form included
in Section IV, Tendering Forms to demonstrate that it has been duly authorized by the
manufacturer or producer of the Goods to supply these Goods in Kenya;
b) that, if required in the TDS, in case of a Tenderer not doing business within the Kenya,
the Tenderer is or will be (if awarded the Contract) represented by an Agent in the
country equipped and able to carry out the Supplier's maintenance, repair and spare parts-
stocking obligations prescribed in the Conditions of Contract and/or Technical
Specifications; and

c) that the Tenderer meets each of the qualification criterion specified in Section III,
Evaluation and Qualification Criteria.

17. Period of Validity of Tenders

17.1 Tenders shall remain valid for the Tender Validity period specified in the TDS. The
Tender Validity period starts from the date fixed for the Tender submission deadline (as
prescribed KPLC in accordance with ITT 21.1). A Tender valid for a shorter period shall
be rejected by KPLC as non-responsive.

17.2 In exceptional circumstances, prior to the expiration of the Tender validity period, KPLC
may request Tenderers to extend the period of validity of their Tenders. The request and
the responses shall be made in writing. If a Tender Security is requested in accordance with
ITT 18, it shall also be extended for a corresponding period. A Tenderer may refuse the
request without forfeiting its Tender Security. A Tenderer granting the request shall not be
required or permitted to modify its Tender, except as provided in ITT 17.3.

17.3 If the award is delayed by a period exceeding the number of days to be specified in the
TDS days beyond the expiry of the initial tender validity period, the Contract price shall
be determined as follows:
a) in the case of fixed price contracts, the Contract price shall be the tender price
adjusted by the factor specified in the TDS;
b) in the case of adjustable price contracts, no adjustment shall be made; or in any case,
tender evaluation shall be based on the tender price without taking into consideration the
applicable correction from those indicated above.

18. Tender Security

18.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or
a Tender Security, as specified in the TDS, in original form and, in the case of a Tender
Security, in the amount and currency specified in the TDS.

18.2 A Tender Securing Declaration shall use the form included in Section IV, Tendering Forms.

18.3 If a Tender Security is specified pursuant to ITT 18.1, the Tender Security shall be a
demand guarantee in any of the following forms at the Tenderer option:
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i) cash;
ii) a bank guarantee;
iii) a guarantee by an insurance company registered and licensed by the Insurance
Regulatory Authority listed by the Authority; or
iv) a letter of credit; or
v) guarantee by a deposit taking micro-finance institution, Sacco society, the Youth
Enterprise Development Fund or the Women Enterprise Fund.

18.4 If an unconditional guarantee is issued by a non-Bank financial institution located outside

Kenya, the issuing non-Bank financial institution shall have a correspondent financial
institution located in Kenya to make it enforceable unless KPLC has agreed in writing,
prior to Tender submission, that a correspondent financial institution is not required. In
the case of a bank guarantee, the Tender Security shall be submitted either using the
Tender Security Form included in Section IV, Tendering Forms, or in another substantially
similar format approved by KPLC prior to Tender submission. The Tender Security shall
be valid for thirty (30) days beyond the original validity period of the Tender, or beyond
any period of extension if requested under ITT 17.2.

18.5 If a Tender Security is specified pursuant to ITT 18.1, any Tender not accompanied by
a substantially responsive Tender Security shall be rejected by KPLC as non-responsive.

18.6 If a Tender Security is specified pursuant to ITT 18.1, the Tender Security of unsuccessful
Tenderers shall be returned as promptly as possible upon the successful Tenderer signing
the Contract and furnishing the Performance Security pursuant to ITT 46.The Procuring
Entity shall also promptly return the tender security to the tenderers where the procurement
proceedings are terminated, all tenders were determined non-responsive or a bidder declines
to extend tender validity period.
18.7 The Tender Security of the successful Tenderer shall be returned as promptly as possible
once the successful Tenderer has signed the Contract and furnished the required
Performance Security.

18.8 The Tender Security may be forfeited or the Tender Securing Declaration executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity specified
by the Tenderer in the Form of Tender, or any extension thereto provided by the
Tenderer; or
b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 45; or
ii) furnish a Performance Security in accordance with ITT 46.
18.9 Where tender securing declaration is executed, KPLC shall recommend to the PPRA that
PPRA debars the Tenderer from participating in public procurement as provided in the
law.
18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of
the JV that submits the Tender. If the JV has not been legally constituted into a legally
enforceable JV at the time of Tendering, the Tender Security or Tender-Securing
Declaration shall be in the names of all future members as named in the letter of intent
referred to in ITT3.1 and ITT 10.2.
18.11 A tenderer shall not issue a tender security to guarantee itself.
19. Format and Signing of Tender
19.1 The Tenderer shall prepare one original of the documents comprising the Tender as
described in ITT 11 and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted
in accordance with ITT 12, shall be clearly marked “ALTERNATIVE.” In addition, the
Tenderer shall submit copies of the Tender, in the number specified in the TDS and
clearly mark them “COPY.” In the event of any discrepancy between the original and the
copies, the original shall prevail.

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19.2 Tenderers shall mark as “CONFIDENTIAL” information in their Tenders which is
confidential to their business. This may include proprietary information, trade secrets, or
commercial or financially sensitive information.
19.3 The original and all copies of the Tender shall be typed or written in indelible ink and
shall be signed by a person duly authorized to sign on behalf of the Tenderer. This
authorization shall consist of a written confirmation as specified in the TDS and shall be
attached to the Tender. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages of the Tender where
entries or amendments have been made shall be signed or initialed by the person signing
the Tender.
19.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative
of the JV on behalf of the JV, and so as to be legally binding on all the members as
evidenced by a power of attorney signed by each members' legally authorized
representatives.

19.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or
initialed by the person signing the Tender.

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

20.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may
use an envelope, package or container. The Tenderer shall deliver the Tender in a single
sealed envelope, or in a single sealed package, or in a single sealed container bearing the
name and Reference number of the Tender, addressed to KPLC and a warning not to
open before the time and date for Tender opening date. Within the single envelope,
package or container, the Tenderer shall place the following separate, sealed envelopes:
a) in an envelope or package or container marked “ORIGINAL”, all documents comprising
the Tender, as described in ITT 11; and
b) in an envelope or package or container marked “COPIES”, all required copies of the
Tender; and
c) if alternative Tenders are permitted in accordance with ITT 12, and if relevant:
i) in an envelope or package or container marked “ORIGINAL –ALTERNATIVE
TENDER”, the alternative Tender; and
ii) in the envelope or package or container marked “COPIES- ALTERNATIVE TENDER”,
all required copies of the alternative Tender.
20.2 The inner envelopes or packages or containers shall:
a) bear the name and address of KPLC
b) bear the name and address of the Tenderer; and
c) bear the name and Reference number of the Tender.

20.3 Where a tender package or container cannot fit in the tender box, KPLC shall:
a) Specify in the TDS where such documents should be received.
b) maintain a record of tenders received and issue acknowledgement receipt note to each
tenderer specifying time and date of receipt.
c) Ensure all tenders received are handed over to the tender opening committee for
opening at the specified opening place and time.

20.4 If an envelope or package or container is not sealed and marked as required KPLC will
assume no responsibility for the misplacement or premature opening of the Tender. Tenders
misplaced or opened prematurely will not be accepted.

21. Deadline for Submission of Tenders

21.1 Tenders must be received by KPLC at the address and no later than the date and time
specified in the TDS. When so specified in the TDS, Tenderers shall have the option of
submitting their Tenders electronically. Tenderers submitting Tenders electronically shall
follow the electronic Tender submission procedures specified in the TDS.

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21.2 KPLC may, at its discretion, extend the deadline for the submission of Tenders by
amending the tendering document in accordance with ITT7, in which case all rights and
obligations of KPLC and Tenderers previously subject to the deadline shall thereafter be
subject to the deadline as extended.

22. Late Tenders

22.1 KPLC shall not consider any Tender that arrives after the deadline for submission of
Tenders. Any Tender received by KPLC after the deadline for submission of Tenders
shall be declared late, rejected, and returned unopened to the Tenderer.

23. Withdrawal, Substitution, and Modification of Tenders

23.1 A Tenderer may withdraw, substitute, or modify its Tender after it has been submitted
by sending a written notice, duly signed by an authorized representative, and shall include
a copy of the authorization (the power of attorney) in accordance with ITT19.3, (except
that withdrawal notices do not require copies). The corresponding substitution or
modification of the Tender must accompany the respective written notice. All notices must
be:
a) prepared and submitted in accordance with ITT 20 and 21 (except that withdrawal notices
do not require copies), and in addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and
b) received by KPLC prior to the deadline prescribed for submission of Tenders, in
accordance with ITT 22.

23.3 Tenders requested to be withdrawn in accordance with ITT 23.1 shall be returned unopened to
the Tenderers.

23.4 No Tender may be withdrawn, substituted, or modified in the interval between the deadline
for submission of Tenders and the expiration of the period of Tender validity specified
by the Tenderer on the Form of Tender or any extension thereof.

24. Tender Opening

24.1 Except as in the cases specified in ITT 23, KPLC shall, at the Tender opening, publicly
open and read out all Tenders received by the deadline at the date, time and place
specified in the TDS in the presence of Tenderers' designated representatives who choose
to attend, including to attend any specific electronic tender opening procedures if electronic
tendering is permitted in accordance with ITT 21.1, shall be as specified in the TDS.
24.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope
with the corresponding Tender shall not be opened, but returned to the Tenderer. If the
withdrawal envelope does not contain a copy of the “power of attorney” confirming the
signature as a person duly authorized to sign on behalf of the Tenderer, the corresponding
Tender will be opened. No Tender withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and is read out
at Tender opening.
24.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged
with the corresponding Tender being substituted, and the substituted Tender shall not be
opened, but returned to the Tenderer. No Tender substitution shall be permitted unless the
corresponding substitution notice contains a valid authorization to request the substitution
and is read out at Tender opening.
24.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with the
corresponding Tender. No Tender modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request the modification and is read
out at Tender opening.
24.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of
the Tenderer and whether there is a modification; the total Tender Prices, per lot (contract)
if applicable, including any discounts and alternative Tenders; the presence or absence of
a Tender Security, if required; and any other details as KPLC may consider appropriate.

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24.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender
opening shall be considered further for evaluation. The Form of Tender and pages of the
Bills of Quantities are to be initialed by the members of the tender opening committee
attending the opening. The number of representatives of KPLC to sign shall be specified
in the TDS.
24.7 KPLC shall neither discuss the merits of any Tender nor reject any Tender (except for
late Tenders, in accordance with ITT 22.1).

24.8 KPLC shall prepare a record of the Tender opening that shall include, as a minimum:
a) the name of the Tenderer and whether there is a withdrawal, substitution, or modification;
b) the Tender Price, per lot (contract) if applicable, including any discounts;
c) any alternative Tenders;
d) the presence or absence of a Tender Security or Tender-Securing Declaration, if one was
required;
e) number of pages of each tender document submitted.

24.9 The Tenderers' representatives who are present shall be requested to sign the record.
The omission of a Tenderer signature on the record shall not invalidate the contents and
effect of the record.
A copy of the tender opening register shall be issued to a Tenderer upon request.

E. Evaluation and Comparison of Tenders

25. Confidentiality

25.1 Information relating to the evaluation of Tenders and recommendation of contract award,
shall not be disclosed to Tenderers or any other persons not officially concerned with the
tendering process until the information on Intention to Award the Contract is transmitted
to all Tenderers in accordance with ITT 41.

25.2 Any effort by a Tenderer to influence KPLC in the evaluation or contract award decisions
may result in the rejection of its Tender.

25.3 Notwithstanding ITT 25.2, from the time of Tender opening to the time of Contract
Award, if any Tenderer wishes to contact KPLC on any matter related to the Tendering
process, it should do so in writing.

26. Clarification of Tenders

26.1 To assist in the examination, evaluation, comparison of the Tenders, and qualification of
the Tenderers, KPLC may, at its discretion, ask any Tenderer for a clarification of its
Tender. Any clarification submitted by a Tenderer in respect to its Tender and that is not
in response to a request by KPLC shall not be considered.

KPLC’s request for clarification and the response shall be in writing. No change, including
any voluntary increase or decrease, in the prices or substance of the Tender shall be
sought, offered, or permitted except to confirm the correction of arithmetic errors discovered
by KPLC in the Evaluation of the Tenders, in accordance with ITT 30.

If a Tenderer does not provide clarifications of its Tender by the date and time set in
KPLC’s request for clarification, its Tender may be rejected.

27. Deviations, Reservations, and Omissions

27.1 During the evaluation of Tenders, the following definitions apply:

a) “Deviation” is a departure from the requirements specified in the Tendering document;
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the tendering document; and
c) “Omission” is the failure to submit part or all of the information or documentation
required in the tendering document.

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28. Determination of Responsiveness

KPLC’s determination of a Tender's responsiveness is to be based on the contents of the

Tender itself, as defined in ITT28.2.

28. A substantially responsive Tender is one that meets the requirements of the tendering
document without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
a) if accepted, would:
i) affect in any substantial way the scope, quality, or performance of the Goods and
Related Services specified in the Contract; or
ii) limit in any substantial way, inconsistent with the tendering document, the Procuring
Entity's rights or the Tenderer obligations under the Contract; or
b) if rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.

28.1 KPLC shall examine the technical aspects of the Tender submitted in accordance with
ITT 15 and ITT 16, in particular, to confirm that all requirements of Section VII, Schedule
of Requirements have been met without any material deviation or reservation, or omission.

28.2 If a Tender is not substantially responsive to the requirements of tendering document, it

shall be rejected by KPLC and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.

29. Non-conformities, Errors and Omissions

29.1 Provided that a Tender is substantially responsive KPLC may waive any non-conformities
in the Tender.

29.2 Provided that a Tender is substantially responsive, KPLC may request that the Tenderer
submit the necessary information or documentation, within a reasonable period of time, to
rectify nonmaterial non- conformities or omissions in the Tender related to documentation
requirements. Such omission shall not be related to any aspect of the price of the Tender.
Failure of the Tenderer to comply with the request may result in the rejection of its
Tender.

29.3 Provided that a Tender is substantially responsive, KPLC shall rectify quantifiable
nonmaterial non-conformities related to the Tender Price. To this effect, the Tender Price
shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-
conforming item or component in the manner specified in the TDS. The adjustment shall
be based on the average price of the item or component as quoted in other substantially
responsive Tenders. If the price of the item or component cannot be derived from the
price of other substantially responsive Tenders, KPLC shall use its best estimate.
30. Arithmetical Errors

30.1 The tender sum as submitted and read out during the tender opening shall be absolute
and final and shall not be the subject of correction, adjustment or amendment in any
way by any person or entity.

30.2 Provided that the Tender is substantially responsive, KPLC shall handle errors on the
following basis:
a) Any error detected if considered a major deviation that affects the substance of the
tender, shall lead to disqualification of the tender as non-responsive .
b) Any errors in the submitted tender arising from a miscalculation of unit price, quantity,
subtotal and total bid price shall be considered as a major deviation that affects the
substance of the tender and shall lead to disqualification of the tender as non-responsive.
and
c) if there is a discrepancy between words and figures, the amount in words shall prevail.

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30.3 Tenderers shall be notified of any error detected in their bid during the notification of
award.

31. Conversion to Single Currency

31.1 For evaluation and comparison purposes, the currency(ies) of the Tender shall be
converted in a single currency as specified in the TDS.

32. Margin of Preference and Reservations

32.1 A margin of preference may be allowed on locally manufactured goods only when the
contract is open to international tendering, where the tender is likely to attract foreign
goods and where the contract exceeds the threshold specified in the Regulations.

32.2 For purposes of granting a margin of preference on locally manufactured goods under
international competitive tendering, KPLC shall not subject the items listed below to
international tender and hence no margin of preference shall be allowed. The affected
items are:
a) motor vehicles, plant and equipment which are assembled in Kenya;
b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel,
cement, leather agro-processing, sanitary products, and other goods made in Kenya;
or
c) Goods manufactured ,mined, extracted or grown in Kenya.

32.3 A margin of preference shall not be allowed unless it is specified so in the TDS.

32.4 Contracts procured on basis of international competitive tendering shall not be subject to
reservations to specific groups as provided in ITT 32.5.

32.5 Where it is intended to reserve a contract to a specific group of businesses (these groups
are Small and Medium Enterprises, Women Enterprises, Youth Enterprises and Enterprises
of persons living with disability, as the case may be), and who are appropriately registered
as such by the authority to be specified in the TDS, a procuring entity shall ensure that
the invitation to tender specifically indicates that only businesses or firms belonging to
the specified group are eligible to tender as specified in the TDS. No tender shall be
reserved to more than one group. If not so stated in the Tender documents, the invitation
to tender will be open to all interested tenderers.

33. Evaluation of Tenders

33.1 KPLC shall use the criteria and methodologies listed in this ITT and Section III, Evaluation
and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By
applying the criteria and methodologies, KPLC shall determine the Lowest Evaluated
Tender. This is the Tender of the Tenderer that meets the qualification criteria and whose
Tender has been determined to be:
a) substantially responsive to the tender documents; and
b) The lowest evaluated price.

33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and
the Tender Price as quoted in accordance with ITT 14. To evaluate a Tender, KPLC shall
consider the following:
a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency in accordance with ITT 31;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT
29.3; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.

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33.3 The estimated effect of the price adjustment provisions of the Conditions of Contract,
applied over the period of execution of the Contract, shall not be considered in Tender
evaluation.

33.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to
tender for one or more lots (contracts). Each lot or contract will be evaluated in accordance
with ITT 33.2. The methodology to determine the lowest evaluated tenderer or tenderers
based one lot (contract) or based on a combination of lots (contracts), will be specified
in Section III, Evaluation and Qualification Criteria. In the case of multiple lots or
contracts, tenderer will be will be required to prepare the Eligibility and Qualification
Criteria Form for each Lot.

33.5 KPLC’s evaluation of a Tender will include and consider:

a) in the case of Goods manufactured in Kenya, sales and other similar taxes, which will
be payable on the goods if a contract is awarded to the Tenderer;
b) in the case of Goods manufactured outside Kenya, already imported or to be imported,
customs duties and other import taxes levied on the imported Good, sales and other
similar taxes, which will be payable on the Goods if the contract is awarded to the
Tenderer;

33.6 KPLC’s evaluation of a Tender may require the consideration of other factors, in addition
to the Tender Price quoted in accordance with ITT 14. These factors may be related to
the characteristics, performance, and terms and conditions of purchase of the Goods and
Related Services. The effect of the factors selected, if any, shall be expressed in monetary
terms to facilitate comparison of Tenders, unless otherwise specified in the TDS from
amongst those set out in Section III, Evaluation and Qualification Criteria. The additional
criteria and methodologies to be used shall be as specified in ITT 33.2(d).

34. Comparison of Tenders

34.1 KPLC shall compare the evaluated costs of all substantially responsive Tenders established
in accordance with ITT 33.2 to determine the Tender that has the lowest evaluated cost.
The comparison shall be on the basis of total cost (place of final destination) prices for
all goods and all prices, plus cost of inland transportation and insurance to place of
destination, for goods manufactured within the Kenya, together with prices for any required
installation, training, commissioning and other services.

35. Abnormally Low Tenders

35.1 An Abnormally Low Tender is one where the Tender price, in combination with other
constituent elements of the Tender, appears unreasonably low to the extent that the Tender
price raises material concerns with KPLC as to the capability of the Tenderer to perform
the Contract for the offered Tender price.
35.2 In the event of identification of a potentially Abnormally Low Tender by the evaluation
committee, KPLC shall seek written clarification from the Tenderer, including a detailed
price analyses of its Tender price in relation to the subject matter of the contract, scope,
delivery schedule, allocation of risks and responsibilities and any other requirements of
the tendering document.
35.3 After evaluation of the price analysis, in the event that KPLC determines that the Tenderer
has failed to demonstrate its capability to perform the contract for the offered Tender
price, KPLC shall reject the Tender.

36. Abnormally High Tenders

36.4 An abnormally high price is one where the tender price, in combination with other
constituent elements of the Tender, appears unreasonably too high to the extent that KPLC
is concerned that it may not be getting value for money or it may be paying too high
a price for the contract compared with market prices or that genuine competition between
Tenderers is compromised.

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36.5 In case of an abnormally high tender price, KPLC shall make a survey of the market
prices, check if the estimated cost of the contract is correct and review the Tender
Documents to check if the specifications, scope of work and conditions of contract are
contributory to the abnormally high tenders. KPLC may also seek written clarification
from the tenderer on the reason for the high tender price. KPLC shall proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract,
KPLC may accept or not accept the tender depending on it’s budget considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the
abnormally high tender prices, KPLC shall reject all tenders and may retender for the
contract based on revised estimates, specifications, scope of work and conditions of
contract, as the case may be.

36.6 If KPLC determines that the Tender Price is abnormally too high because genuine
competition between tenderers is compromised (often due to collusion, corruption or other
manipulations), KPLC shall reject all Tenders and shall institute or cause relevant
Government Agencies to institute an investigation on the cause of the compromise, before
retendering.

37. Post-Qualification of the Tenderer

37.1 KPLC shall determine, to its satisfaction, whether the eligible Tenderer that is selected as
having submitted the lowest evaluated cost and substantially responsive Tender, meets the
qualifying criteria specified in Section III, Evaluation and Qualification Criteria.

37.2 The determination shall be based upon an examination of the documentary evidence of
the Tenderer qualifications submitted by the Tenderer, pursuant to ITT 15 and 16. The
determination shall not take into consideration the qualifications of other firms such as
the Tenderer subsidiaries, parent entities, affiliates, subcontractors (other than specialized
subcontractors if permitted in the tendering document), or any other firm(s) different from
the Tenderer.

37.3 An affirmative determination shall be a prerequisite for award of the Contract to the
Tenderer. A negative determination shall result in disqualification of the Tender, in which
event KPLC shall proceed to the Tenderer who offers a substantially responsive Tender
with the next lowest evaluated cost to make a similar determination of that Tenderer
qualifications to perform satisfactorily.

38. Lowest Evaluated Tender

38.1 Having compared the evaluated prices of Tenders, KPLC shall determine the Lowest
Evaluated Tender. The Lowest Evaluated Tender is the Tender of the Tenderer that meets
the Qualification Criteria and whose Tender has been determined to be:
a) most responsive to the Tender document; and
b) the lowest evaluated price.

39. KPLC’s Right to Accept Any Tender, and to Reject Any or All Tenders.

39.1 KPLC reserves the right to accept or reject any Tender, and to annul the Tendering
process and reject all Tenders at any time prior to notification Award, without thereby
incurring any liability to Tenderers. In case of annulment, all Tenderers shall be notified
with reasons and all Tenders submitted and specifically, tender securities, shall be promptly
returned to the Tenderers.

F. Award of Contract

40. Award Criteria

40.1 KPLC shall award the Contract to the successful tenderer whose tender has been determined
to be the Lowest Evaluated Tender in accordance with procedures in Section 3: Evaluation
and Qualification Criteria.

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41. KPLC’s Right to Vary Quantities at Time of Award

41.1 KPLC reserves the right at the time of Contract award to increase or decrease, by the percentage
(s) for items as indicated in the TDS.

42. Notice of Intention to enter into a Contract

Upon award of the contract and Prior to the expiry of the Tender Validity Period KPLC
shall issue a Notification of Intention to Enter into a Contract / Notification of award to
all tenderers which shall contain, at a minimum, the following information:
a) the name and address of the Tenderer submitting the successful tender;
b) the Contract price of the successful tender;
c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom the letter is
addressed was unsuccessful, unless the price information in (c) above already reveals the
reason;
d) the expiry date of the Standstill Period; and
e) instructions on how to request a debriefing and/or submit a complaint during the standstill
period;

43. Standstill Period

43.1 The Contract shall not be awarded earlier than the expiry of a Standstill Period of 14
days to allow any dissatisfied candidate to launch a complaint. Where only one Tender
is submitted, the Standstill Period shall not apply.

43.2 Where standstill period applies, it shall commence when the Procuring Entity has
transmitted to each Tenderer the Notification of Intention to Enter into a Contract to the
successful Tenderer.

44. Debriefing by KPLC

44.1 On receipt of KPLC’s Notification of Intention to Enter into a Contract referred to in
ITT 41, an unsuccessful tenderer may make a written request to KPLC for a debriefing
on specific issues or concerns regarding their tender. KPLC shall provide the debriefing
within five days of receipt of the request.

44.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The Tenderer
shall bear its own costs of attending such a debriefing meeting.

45. Letter of Award

Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period
specified in ITT 42, upon addressing a complaint that has been filed within the Standstill
eriod, KPLC shall transmit the Letter of Award to the successful Tenderer. The letter of
award shall request the successful tenderer to furnish the Performance Security within
21days of the date of the letter.

46. Signing of Contract

46.1 Upon the expiry of the fourteen days of the Notification of Intention to enter into contract
and upon the parties meeting their respective statutory requirements, KPLC shall send the
successful Tenderer the Contract Agreement.
46.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer
shall sign, date, and return it to KPLC.
46.3 The written contract shall be entered into within the period specified in the notification
of award and before expiry of the tender validity period.

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47. Performance Security

47.1 Within twenty-one (21) days of the receipt of Letter of Acceptance by KPLC, the successful
Tenderer, if required, shall furnish the Performance Security in accordance with the GCC
18, using for that purpose the Performance Security Form included in Section X, Contract
Forms. If the Performance Security furnished by the successful Tenderer is in the form
of a bond, it shall be issued by a bonding or insurance company that has been determined
by the successful Tenderer to be acceptable to KPLC. A foreign institution providing a
bond shall have a correspondent financial institution located in Kenya, unless KPLC has
agreed in writing that a correspondent financial institution is not required.

47.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security or
sign the Contract shall constitute sufficient grounds for the annulment of the award and
forfeiture of the Tender Security. In that event KPLC may award the Contract to the
Tenderer offering the next lowest Evaluated Tender.
47.3 Performance security shall not be required for a contract, if so specified in the TDS.

48. Publication of Procurement Contract

48.1 Within fourteen days after signing the contract, KPLC shall publish and publicize the awarded
contract at its notice boards, entity website; and on the Website of the Authority in manner
and format prescribed by the Authority. At the minimum, the notice shall contain the following
information:
a) name and address of KPLC
b) name and reference number of the contract being awarded, a summary of its scope and
the selection method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
d) dates of signature, commencement and completion of contract;
e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at Tender
opening;

49. Procurement Related Complaints and Administrative Review

49.1 The procedures for making a Procurement-related Complaint are as specified in the TDS.

49.2 A request for administrative review shall be made in the form provided under contract forms.

22
 SECTION II – TENDER DATA SHEET (TDS)
The following specific data shall complement, supplement, or amend the provisions in the Instructions to
Tenderers (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in ITT.

ITT Particulars Of Appendix To Instructions To Tenders

Reference
A. General
ITT 1.1 The reference number of the Invitation for Tenders: TENDER NO KP1/9A.3/OT/46/23-24
The Procuring Entity is: The Kenya Power and Lighting Co. PLC
The name of the Contract is: SUPPLY OF TOOL BOXES & EQUIPMENT
The number and identification of this Invitation for Tenders is: RFx no. 1000002656

Details of the Goods being procured are as specified under Section V – Schedule of Requirements.

ITT 1.2(a) Electronic –Procurement System

KPLC shall use the following electronic-procurement system to manage this tendering process:
SAP Tendering Portal on www.kplc.co.ke (NB: Bidders are required to log on and register via
this link to be able to participate in this tender)
The electronic-procurement system shall be used to manage the following aspects of the tendering
process:
(Issuing Tendering document, submission of Tenders, opening of Tenders)

Proof of receipt will be done via the bidder’s Submitted Response Number for the RFx No.
1000002656

ITT 3.1 Joint Ventures Not Allowed

This tender is open to local bidders only.
ITT 3.7 1) A list of debarred firms and individuals is available on the PPRA’s website: www.ppra.go.ke
2) Tenderers with any record of unethical practice or unsatisfactory or default in performance shall
NOT be considered for evaluation, award or otherwise. For avoidance of doubt, this shall include any
tenderer with unresolved case(s) in its conduct or performance obligations for more than two (2) months
in any contract.
B. Contents of Tendering Document
ITT 6.1
(a) For Clarification of Tender purposes only, KPLC’s address is:
General Manager, Supply Chain & Logistics,
The Kenya Power and Lighting Company PLC,
Stima Plaza, 3rd Floor
Kolobot Road, Parklands
P.O Box 30099 - 00100
Nairobi, Kenya
Telephone:+254-20-3201821
Electronic mail address Electronic mail address: [email protected],and [email protected]
to reach the KPLC not later than seven (7) days before tender closing date).
(b) KPLC will publish its response at the website www.kplc.co.ke

ITT 6.2 A pre-bid meeting is not required.

ITT 6.3 The questions to reach KPLC not later than seven (7) days before tender closing date.

C. Preparation of Tenders
ITT 11.1 The bidder must ensure serialization of bid document submitted as per Section 74(1)(i) of PPADA,2015
before uploading in the portal.

23
ITT Particulars Of Appendix To Instructions To Tenders
Reference
ITT 12.1 Alternative Tenders SHALL not be considered.
[If alternatives shall be considered, the methodology shall be defined in Section III – Evaluation and
Qualification Criteria. See Section III for further details]

ITT 13.5 The prices quoted by the Tenderer shall not be subject to adjustment during the performance of the
Contract.

ITT 13.6 Prices quoted for each item (contract) shall correspond at least to 100% of the items specified for each
(contract).
Prices quoted for each item shall correspond at least to 100% of the quantities specified for this item.

ITT 13.7 Tenderers shall quote on Delivered Duty Paid (DDP).

ITT 13.8 Place of final destination shall be KPLC STORES as specified under Section V – Schedule of
(a) (i) and Requirements
(iii)
ITT 14.2 The price offered shall be in Kenya Shillings.

ITT 15 To establish the conformity of the Goods and Related Services to the tendering document, the
Tenderer shall furnish as part of its Tender the documentary evidence that the Goods conform
to the technical specifications and standards specified in Section VII, Schedule of Requirements.

1) The documentary evidence may be in the form of literature, drawings or data, and shall
consist of a detailed item by item description including;

a. Guaranteed Technical Particulars (GTP) as per Technical Specifications (Section VI).

b. Pursuant to ITT 16.2 and 38.3 successful tenderers shall be required to submit GTPs including a
technical drawing for approval as a post-qualification criteria.
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 and services offered which shall be confirmed by a
certificate of origin issued at the time of shipment.
3) The Goods to be supplied under the intended contract are new, unused, of the most recent or current
specification and incorporate all recent improvements in design and materials unless provided
otherwise in the Tender.
4) The Warranty shall also warrant that the Goods in the Tenderer’s bid have no defect arising from
manufacture, materials or workmanship or from any act or omission of the Tenderer that may
develop under normal use of the Goods under the conditions obtaining in Kenya.
ITT 15.4 The Warranty will remain valid AS INDICATED IN THE TECHNICAL SPECIFICATIONS after
the Goods, or any portion thereof as the case may be, have been delivered to the final destination
indicated in the contract.
ITT 16.2 Manufacturer’s authorization is Required where Applicable
(a)
ITT 17.1 The Tender validity period shall be one hundred and eighty (180) days after date of tender opening.
A Tender valid for shorter period shall be rejected..
ITT 18.1 [If a Tender Security shall be required, a Tender-Securing Declaration shall not be required, and
vice versa.]
A Tender Security “shall be” required.
A Tender-Securing Declaration “shall not be” required.
A Tender Security valid for 210 days after the date of bid submission shall be required in form of bank
guarantee only and in the given amounts as stated below.

The amount and currency of the Tender Security shall be Kshs. 500,000 (Five Hundred Thousand).
The Original Tender Security should be kept in an envelope clearly labelled with the Tender number
& name, and shall be deposited in the Tender Security Box ON 3RD FLOOR SUPPLY CHAIN
RECEPTION AT STIMA PLAZA, KOLOBOT ROAD, on or before the opening date and time.

ITT 19.1 The tendering documents are to be submitted in electronic format on the KPLC ( Central Office) SAP

24
ITT Particulars Of Appendix To Instructions To Tenders
Reference
tendering portal on www.kplc.co.ke

ITT 19.3 The written confirmation of authorization to sign on behalf of the Tenderer shall consist of:
a) A company resolution in case of a Director/Partner signing (not applicable for sole proprietorship
or where the company has got only one director, or where all Directors have signed) or;
(b) Power of Attorney where a person other than the director / Partner/ Owner is signing.

D. Submission and Opening of Tenders

ITT 20.3 Mode of submission will be electronic through the KPLC (Central Office) SAP tendering portal

ITT 21.1 Tenders must be received by KPLC by the date and time specified in KPLC’s tendering portal in PDF
form.
ITT 23 Withdrawals, substitution or modifications can be done through the KPLC tendering portal before the
tender closing time.

ITT 24 Public opening will be done through the KPLC tendering portal at Stima Plaza, Auditorium as specified
in the KPLC Tendering Portal for SUBMITTED tenders only.

ITT 24.6 The number of representatives of the Procuring Entity to sign is a minimum of three.

E. Evaluation and Comparison of Tenders

ITT 27.1 Deviations, reservations or omissions shall not apply.

ITT 28.1 a. Prior to the detailed Technical and Financial evaluation, KPLC will determine the substantial
responsiveness of each Tender. For purposes of this tender, a substantially responsive Tender is one
that conforms to the requirements of Preliminary Evaluation. KPLC’s determination of a Tender’s
responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic
evidence.
b.KPLC will examine the Tenders to determine whether they conform to the Preliminary Evaluation
Criteria set out in the Section III - Evaluation Criteria.
c. Notwithstanding the contents of the foregoing sub-paragraphs, if a Tender is not substantially
responsive, it will be rejected at the earliest stage of evaluation by KPLC and cannot subsequently be
made responsive by the Tenderer by correction of any non–conformity.

ITT 29.3 The manner to rectify quantifiable nonmaterial nonconformities shall be addressed under Section III
Evaluation and Qualification Criteria.
ITT 30 Arithmetical errors shall not be corrected. The tender sum as submitted and read out during the tender
opening shall be absolute and final and shall not be the subject of correction, adjustment or amendment
in any way by any person or entity
ITT 31.1 The currency that shall be used for tender evaluation and comparison purposes is Kenya Shillings.

ITT 32.3 A margin of preference “shall Not” apply for this tender

ITT 32.5 This tender is Open to local tenderers

ITT 33.2 Evaluation of tenders shall be done on item basis. There shall be no price adjustments.

ITT 33.2 Additional evaluation factors are:

(d) (a) that the Supplier’s offered Delivery Schedule meets KPLC’s requirements
(b) that the Supplier’s offered Terms of Payment meets KPLC’s requirements

25
ITT Particulars Of Appendix To Instructions To Tenders
Reference
ITT 37.3 The eligible Tenderer selected Must submit the lowest evaluated cost and substantially responsive
Tender, meet the qualifying criteria specified in Section III, Evaluation and Qualification Criteria.
F. Award of Contract
ITT 40 Mode of award shall be in accordance with the following:
1. Award shall be on item to item basis to the lowest evaluated bidder per items.
2. Only bidders who meet the Delivery period will qualify for award.
3. Notwithstanding (1) above if the price of the lowest bidder exceeds the market price, the items
shall not be awarded but recommended for retendering.
4. In case of a tie, the award will be split equally amongst the bidders.
5. Timely Delivery as per delivery schedule and satisfactory performance of at least 50% delivery
on previous orders; except where the delays are attributable to KPLC.
6. Bidders with ready stock will be considered.
7. The outcome of the due diligence Visit will be considered.

ITT42 a) Simultaneously, and without prejudice to the contents of clause 41, on issuance of Notification to
Conclude award of contract to the successful Tenderer, KPLC shall notify each unsuccessful
Tenderer.
A notification of the tender outcome does not reduce the validity period for any tender security whether
the Tenderer is successful or not, except where such tender security is officially released to the Bank
and/or the Tenderer and such Bank discharged of all its obligations by KPLC prior to the expiry of its
stated validity period
ITT 47.3 Performance security if so required shall be 10% of the contract sum.

ITT 49.1 The procedures for making a Procurement-related Complaint are detailed in the “Notice of Intention to
Award the Contract” herein and are also available from the PPRA Website www.ppra.go.ke.

If a Tenderer wishes to make a Procurement-related Complaint, the Tenderer should submit its
complaint following these procedures, in writing (by the quickest means available, that is either by
email or fax), to:
For the attention: [Public Procurement Administrative Review Board]
Title/position: [The Secretary]
Procuring Entity: [The Kenya Power and Lighting Co. PLC]
Email address: [[email protected]]
In summary, a Procurement-related Complaint may challenge any of the following:
1. the terms of the Tendering Documents; and
2. the Procuring Entity’s decision to award the contract.

26
SECTION III - EVALUATION AND QUALIFICATION CRITERIA

1. General Provisions

1.1 Wherever a Tenderer is required to state a monetary amount, Tenderers should indicate
the Kenya Shilling equivalent using the rate of exchange determined as follows:
a) For business turnover or financial data required for each year - Exchange rate
prevailing on the last day of the respective calendar year (in which the amounts for
that year is to be converted) was originally established.
b) Value of single contract - Exchange rate prevailing on the date of the contract signature.
c) Exchange rates shall be taken from the publicly available source identified in the
ITT 14.3. Any error in determining the exchange rates in the Tender may be corrected
by the Procuring Entity.

1.2 This section contains the criteria that the Procuring Entity Procuring Entity shall use to
evaluate tender and qualify tenderers. No other factors, methods or criteria shall be
used other than those specified in this tender document. The Tenderer shall provide
all the information requested in the forms included in Section IV, Tendering Forms.
The Procuring Entity should use the Standard Tender Evaluation Report for Goods
and Works for evaluating Tenders.

2. Evaluation of Tenders (ITT 33)

2.1 Successful Tender or Tenders

The Procuring Entity shall use the criteria and methodologies listed in this Section to
evaluate Tenders. By applying these criteria and methodologies, the Procuring Entity
shall determine the successful Tender or Tenders which has/have been determined to:
a) be substantially responsive to the tender documents;
b) offer the lowest evaluated cost to the Procuring Entity for all items of Goods to
be procured based on either a single Contract or all multiple Contracts combined, as
the case may be, in accordance with the ITT 13.6 inviting Tender prices and discounts,
and provisions made of the Tender Document for evaluation of tenders and award of
contract (s); and
c) be offered by Tenderer or Tenderers that substantially meet the qualification
criteria applicable for Contract or combined Contracts for which they are selected.

2.2 Evaluation of Tenders

Preliminary examination for Determination of Responsiveness

The Procuring Entity will start by examining all tenders to ensure they meet in all
respects the eligibility criteria and other mandatory requirements in the ITT, and that
the tender is complete in all aspects in meeting the requirements provided for in the
preliminary evaluation criteria outlined below. The Standard Tender Evaluation Report
Document for Goods and Works for evaluating Tenders provides very clear guide on
how to deal with review of these requirements. Tenders that do not pass the Preliminary
Examination will be considered non-responsive and will not be considered further.

27
 Part 1 - Preliminary Evaluation Criteria Under clause 28.2 of the ITT. These are mandatory
requirements. This shall include confirmation of submission of the following: -
S/No Item Description
Submission of Tender Security - Checking its validity, whether it is Original; whether it is
1 authentic, whether it is sufficient, whether it is issued by a bank or Microfinance; Institution,
whether it is strictly in the format required in accordance with the sample Tender Security Form
2 Duly completed, signed and stamped Form of Tender
3 Duly completed Certificate of Independent Tender determination
4 Duly completed Self-Declaration forms (Form SD1&SD2)
5 Duly completed Declaration and Commitment to the code of Ethics
6 Copy of Firm’s Business Registration Certificate/ Certificate of Incorporation
7 Copy of Valid Tax Compliance Certificate
Submission and considering the Confidential Business Questionnaire: -
a) Is fully filled, signed and stamped.
8 b) That details correspond to the related information in the bid.

c) That the Tenderer is not ineligible as per ITT 3.

Certificate of Confirmation of Directors and Shareholding (CR.12) for Incorporated companies

9 or Registration Certificate for a business name for a sole proprietor or a partnership not more
than 12 months old.
Checking submission of duly filled Financial Situation and Historical Financial Performance
Form (Form 3.3) and Audited Financial Statements. The audited financial statements required
must be those that are reported within eighteen (18) calendar months of the date of the tender
document accompanied by valid Auditors / Audit Firm ICPAK practicing license. (For
10
companies or firms that are registered or incorporated within the last 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. The copies should be
certified by the Bank issuing the statements. The certification should be original).
11 Submission of duly filled Historical Contract Default in performance and/or unresolved
cases form (Form 3.2). Record of unethical practices or unsatisfactory or default in
performance obligations in any contract shall be considered. This shall include any tenderer
with unresolved case(s) in its conduct or performance obligations for more than two (2)
months in any contract or tender where the failure to resolve is not attributable to KPLC.
12 Submission of at least 3 (three) reference letters/completion certificates from previous clients
of similar goods with physical address and contact or a completion certificate from KPLC
confirming satisfactory performance by the bidder.
13 Submission of the following:
i. Duly completed warranty
ii. Duly completed Guaranteed Technical Particulars (GTPs) or User Specifications
form & Compliance to KPLC requirements.
iii. Manufacturer’s Authorisation (For Lot 2)
iv. Technical Drawings and Brochures and/or catalogues
v. Submission and considering of duly completed and signed Guaranteed Lead Time
(GLT) Form

14 Notwithstanding the above, considering any outstanding orders/Supplier Performance Review

Scheme (SPRS) where applicable and the production capacity indicated by the Tenderer.
Bidders with more than 50% outstanding KPLC orders for similar items will not be
considered for further evaluation as long as the failure to deliver is not attributable to KPLC

28
Part 1I - Technical Evaluation Criteria

The Procuring Entity shall evaluate the Technical aspects of the Tender to determine compliance with
the Procuring Entity's requirements under Section V 'Schedule of Requirement' and whether the Tenders
are substantially responsive to the Technical Specifications and other Requirements.

S/No Item Description

1. Submission of a copy of accreditation certificate for the testing body to ISO/ IEC 17025
(Applicable for firms without KEBS certification). (where applicable) (For Lot 2)
2. Submission of Copies of relevant Type Test Certificates and their Reports or Test Certificate and
their Reports from the designated bodies for the tools and calibration certificates for the
equipment from designated bodies (where applicable) (For Lot 2)
3. Considering the Schedule of Guaranteed Technical Particulars (GTPs) or User Specifications
form & Compliance to KPLC requirements. (where applicable) (For Lot 2)
4. Technical Drawings and Catalogues and/or Brochures

5. Submission and considering duly filled signed and stamped warranty form.

6. Submission and considering the authorization form (where applicable)

7. Submission and considering of duly filled Schedule of Requirements

8. Submission and considering of duly completed and signed Guaranteed Lead Time (GLT) Form

9. Names with full contact as well as physical addresses of previous customers of similar Goods and
Reference Letters or a Completion Certificate from KPLC and/or at least three (3) previous
customers confirming satisfactory performance.

2.2.3 Stage 2 of Part II – Detailed Technical Evaluation under clause 28.3 of the ITT

Table 2: Detailed Technical Requirements (against Tender Requirements and Technical Specifications).

2.2.3.1 Verification and consideration of the following: - Full compliance to the Schedule of Guaranteed
Technical Particulars as per Technical Specifications
TABLE 2
Criteria KPLC Bidder’s Offer
Requirement – Yes or No
1 Full compliance to the Schedule of Guaranteed Technical Required as per
Particulars (GTPs) as Technical Specifications or user specifications
specification form

2.2.4 Further Technical Evaluation.

These are mandatory requirements. The Tenderer shall provide duly filled Capacity Declaration
Form as per KPLC requirements and provide additional technical evidence (attach photos as
proof where necessary) to facilitate determination of capacity responsiveness: -

29
Form 3.2 - Historical Contract Default in performance and/or unresolved cases
Tenderer's Legal Name:

Date:
JV Member Legal Name:
ITT No.:

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria

 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation
and Qualification Criteria, Clause 3.1.14 & 3.1.15.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, Clause 3.1.14

Contract Contract Identification / Name Non-Performed Value / undeliveredReason for Default in

Date quantity in Kshs) Performance

Pending Cases and /or Litigation, in accordance with Section III, Evaluation and Qualification Criteria

 No unresolved cases in accordance with Section III, Evaluation and Qualification Criteria, (Yes/No)

 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, (Yes/No)
 State any unresolved cases or pending litigation in accordance with Section III, Evaluation and Qualification
Criteria, (if Yes above)
--------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------

30
Form 3.3 - Financial Situation and Historical Financial Performance

Tenderer’s Legal Name: _______________________ Date: _____________________

JV Member Legal Name: _______________________ ITT No.: __________________
To be completed by the Tenderer and, if JV, by each member

Financial information in Historic information for previous ______ (__) years

Kshs or equivalent (Kshs in 000s)
Year 1 Year 2 Year 3 Avg. Avg. Ratio
[Optional]
[optional] [optional]

Information from Balance Sheet

Total Assets (TA)

Total Liabilities (TL)

Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes

(PBT)

Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for
the years required above complying with the following conditions:
a) Must reflect the financial situation of the Tenderer or member to a JV, and not sister or parent companies.
b) Historic financial statements must be audited by a certified accountant.
c) Historic financial statements must be complete, including all notes to the financial statements.
d) Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).

Name of Tenderer _____________________________________________________________

Name and Designation of authorized person signing the Tender _________________________
Signature of authorized person signing the Tender ____________________________________
Date and Stamp _______________________________________________________________
Notes to Table 3 above:
1. KPLC, at its discretion, may visit the lowest evaluated bidders to verify all/ some of the
information given above as a criteria for qualification of award

Tenderers will proceed to Financial Evaluation stage only if they qualify in compliance with Parts I and II
i.e. Preliminary and Technical Evaluation stages.

31
2.2.1 Evaluation of Commercial Terms and Conditions of the Tender (ITT 33.1(a)):

KPLC shall determine whether the Tenders are substantially responsive to the
Commercial and Contractual Terms and Conditions (e.g. Performance securities, Payment
and delivery schedules).

These are mandatory requirements and will include the following;

S/No Item Description

1. Confirmation of and considering Price Schedule is duly completed, correctly computed, and
signed. (Note: In case of a price discrepancy between those entered in the SRM portal
and those on the price schedule uploaded as an attachment, the latter shall prevail)

2. Considering information submitted in the Confidential Business Questionnaire against other

information in the bid including: -
a. Declared maximum value of business
b. Shareholding and citizenship for preferences (where applicable)
c. Confirmation of and considering Price Schedule duly completed, accurately
computed and signed.
3 Checking that the Tenderer has quoted prices based on Delivery Duty Paid (DDP) terms.
4 Conducting price comparison
5 Award of contract will be specified in the TDS (ITT40)

2.2.2 Evaluation Criteria (Other Factors) (ITT 33.6)

The Procuring Entity's evaluation of a Tender may take into account, in addition to
the Tender Price quoted in accordance with ITT 13.8, one or more of the following
factors as specified in ITT 33.2(d) and in TDS ITT 33.6, using the following criteria
and methodologies.

a) Delivery schedule.

The Goods specified in the List of Goods are required to be delivered within the
acceptable time range (after the earliest and before the final date, (both dates inclusive)
specified in Section V, Schedule of Requirements. No credit will be given to deliveries
before the earliest date, and Tenders offering delivery after the final date shall be
treated as non-responsive. Within this acceptable period, an adjustment of (0%) will be
added, for evaluation purposes only, to the Tender price of Tenders offering deliveries
later than the “Earliest Delivery Date” specified in Section V, Schedule of
Requirements.

- That the Supplier’s offered Delivery Schedule meets KPLC’s

requirements
b) Deviation in payment schedule.
i. The SCC stipulates the payment schedule specified by the Procuring Entity. If
a Tender deviate from the schedule and if such deviation is considered
acceptable to the Procuring Entity, the Tender will be evaluated by calculating
interest earned for any earlier payments involved in the terms outlined in the
Tender as compared with those stipulated in the SCC, at the rate per annum
(0%).

32
 -That the Supplier’s offered Terms of Payment meets KPLC’s
requirements.
c) Cost of major replacement components, mandatory spare parts, and service. [insert
one of the followings]-Not Applicable
The list of items and quantities of major assemblies, components, and selected
spare parts, likely to be required during the initial period of operation specified
in the TDS 15.4, is in the List of Goods. An adjustment equal to the total cost
of these items, at the unit prices quoted in each Tender, shall be added to the
Tender price, for evaluation purposes only.

or
The Procuring Entity will draw up a list of high-usage and high-value items of
components and spare parts, along with estimated quantities of usage in the initial
period of operation specified in the TDS 15.4. The total cost of these items and
quantities will be computed from spare parts unit prices submitted by the tenderer
and added to the Tender price, for evaluation purposes only.
or
Tenderer shall provide along with its Tender, the list of recommended spare parts
for Goods offered indicating for each item of spare part the recommended
quantity and unit, and total CIP final destination prices required during the initial
period of operation specified in the TDS 15.4. The prices offered shall not
exceed the prevailing prices charged to other parties by the Tenderer. The cost
of such spare parts will not be taken into account for tender evaluation. The
Procuring Entity may award the contract for spare parts to the Tenderer that is
successful for the supply of Goods, by selecting at its option, from the Tender's
list of recommended spare parts, such items and quantities against each as the
Procuring Entity may deem appropriate at the unit prices indicated by the
Tenderer but not exceeding ----% (present) of the cost of Goods [normally not
more than 10% or 15%.]

d) Availability in Kenya of spare parts and after sales services for equipment
offered in the Tender ( Not Applicable)

An adjustment equal to the cost to the Procuring Entity of establishing the

minimum service facilities and parts inventories if quoted separately, shall be
added to the Tender price, for evaluation purposes only.

e) Life Cycle Costs

If specified in TDS 33.6, an adjustment to consider the additional life cycle costs
for the period specified below, such as the operating and maintenance costs of
the Goods, will be added to the Tender price, for evaluation purposes only. The
adjustment will be evaluated in accordance with the methodology specified below
and the following information (Not Applicable)

f) Performance and productivity of the equipment: (Not Applicable)

i) Performance and productivity of the equipment. An adjustment representing the

capitalized cost of additional operating costs over the life of the goods will be
added to the Tender price, for evaluation purposes if specified in the TDS 33.6.
The adjustment will be evaluated based on the drop in the guaranteed performance
or efficiency offered in the Tender below the norm of 100, using the methodology
specified below.
or

ii) An adjustment to consider the productivity of the goods offered in the

Tender will be added to the Tender price, for evaluation purposes only, if
specified in ITT 33.6. The adjustment will be evaluated based on the cost
per unit of the actual productivity of goods offered in the Tender with

33
 respect to minimum required values, using the methodology specified below.

g) Specific additional criteria-]- (Not Applicable)

[Other specific additional criteria to be considered in the evaluation, and the

evaluation method shall be detailed in TDS 34.6][If specific sustainable
procurement technical requirements have been specified in Section VII-
Specification, either state that (i) those requirements will be evaluated on a
pass/fail (compliance basis) or otherwise (ii) in addition to evaluating those
requirements on a pass/fail (compliance basis), if applicable, specify the monetary
adjustments to be applied to Tender Prices for comparison purposes on account
of Tenders that exceed the specified minimum sustainable procurement technical
requirements.]

2.2.4. Multiple Contracts (ITT 33.4)

Multiple contracts will be permitted in accordance with ITT 33.4. Tenderers are evaluated
on basis of Lots and the lowest evaluated tenderer identified for each Lot. The
Procuring Entity will select one Option of the two Options listed below for award of
Contracts.

OPTION 1- (Not Applicable)

i) If a tenderer wins only one Lot, the tenderer will be awarded a contract for
that Lot, provided the tenderer meets the Eligibility and Qualification Criteria
for that Lot.

ii) If a tenderer wins more than one Lot, the tender will be awarded contracts for
all won Lots, provided the tenderer meets the aggregate Eligibility and
Qualification Criteria for all the Lots. The tenderer will be awarded the
combination of Lots for which the tenderer qualifies and the others will be
considered for award to second lowest the tenderers.

OPTION 2- ( Applicable)

The Procuring Entity will consider all possible combinations of won

items[contract(s)]and determine the combinations with the lowest evaluated price.
Tenders will then be awarded to the Tenderer or Tenderers in the combinations
provided the tenderer meets the aggregate Eligibility and Qualification Criteria for all
the won items.

2.2.5. Alternative Tenders - (Not permitted)

(ITT 12.1) An alternative if permitted under

ITT 12.1, will be evaluated as follows: [insert

one of the following]

“A Tenderer may submit an alternative Tender only with a Tender for the base case.
The Procuring Entity shall only consider the alternative Tenders offered by the Tenderer
whose Tender for the base case was determined to be the Lowest Evaluated Tender.”
or
“A Tenderer may submit an alternative Tender with or without a Tender for the base
case. The Procuring Entity shall consider Tenders offered for alternatives as specified
in the Technical Specifications of Section V, Schedule of Requirements. All Tenders
received, for the base case, as well as alternative Tenders meeting the specified
requirements, shall be evaluated on their own merits in accordance with the same
procedures, as specified in the ITT 33.”

34
 3. MARGIN OF PREFERENCE - (Not Applicable)

3.1 If the TDS so specifies, the Procuring Entity will grant a margin of preference of 15%
(fifteen percent) to Tenderers offering goods manufactured, mined, extracted, grown,
assembled or semi-processed in Kenya. Goods assembled or semi-processed in Kenya
shall have a local content of not less than 40%.

3.2 The margin of preference will be applied in accordance with, and subject to, the following
provisions:
a) Tenderers applying for such preference on goods offered shall provide, as part
of the data for qualification, such information, including details of the goods
produced in Kenya, so as to determine whether, according to the classification
established by the Procuring Entity, a particular category of goods or group of
goods qualifies for a margin of preference.
b) After Tenders have been received and reviewed by the Procuring Entity, goods
offered in the responsive Tenders shall be assessed to ascertain they are
manufactured, mined, extracted, grown, assembled or semi- processed in Kenya.
Responsive tenders shall be classified into the following groups:
i) Group A: Tenders offering goods manufactured in Kenya, for which (a)
labour, raw materials, and components from within Kenya account for
more than forty (40) percent of the Ex-Works price; and
(b) the production facility in which they will be manufactured or assembled
has been
engaged in manufacturing or assembling such goods at least since the date
of Tender
Submission date;
ii) Group B: All other Tenders offering Goods manufactured in Kenya;
iii) Group C: Tenders offering Goods manufactured outside Kenya that have
been already imported or that will be imported.
c) To facilitate this classification by the Procuring Entity, the Tenderer shall complete
whichever version of the Price Schedule furnished in the Tender Documents is
appropriate. Incorrect classification may render the Tender non-responsive as no
reclassification will be permitted after Tender opening. Tenderers shall provide
correct information especially with respect to duties, taxes etc. paid on previously
imported Goods and percentage of local labour, materials and components for
Goods manufactured in Kenya as any false information which cannot be supported
by documentation may render the Tender non-responsive besides other sanctions
for providing falsified information.
d) The Procuring Entity will first review the Tenders to confirm the appropriateness
of the Tender group classification to which Tenderers assigned their Tenders in
preparing their Tender Forms and Price Schedules.
e) All evaluated Tenders in each group will then be compared to determine the
lowest evaluated Tender of each group. Such lowest evaluated Tenders shall be
compared with each other and if as a result of this comparison a Tender from
Group A or Group B is the lowest, it shall be selected for the award.
f) If as a result of the preceding comparison, the lowest evaluated Tender is a
Tender from Group C, all Tenders from Group C shall be further compared with
the lowest evaluated Tender from Group A after adding to the evaluated price
of goods offered in each Tender from Group C, for the purpose of this further
comparison only, an amount equal to 15% (fifteen percent) of the respective CIP
Tender price for goods to be imported and already imported goods. Both prices
shall include unconditional discounts and be corrected for arithmetical errors. If
the Tender from Group A is the lowest, it shall be selected for award. If not,
the lowest evaluated Tender from Group C shall be selected as per paragraph
(e) above.”

4. Post-Qualification of Tenderers (ITT 37) ( Applicable)

4.1 Post-Qualification Criteria (ITT 37.1) - Due Diligence

The Procuring Entity shall carry out the post- qualification of the Tenderer in accordance with
35
ITT 37, using only the requirements specified herein. Requirements not included in the text below
shall not be used in the evaluation of the Tenderer's qualifications. The minimum qualification
requirements for multiple contracts will be the sum of the minimum requirements for respective
individual contracts, unless otherwise specified.

Due diligence will be carried out to;

a) To Determine to KPLC’s satisfaction, whether the eligible tenderer has met the qualifying criteria
specified in Section III, Evaluation and Qualification Criteria.
b) To examine the documentary evidence provided by the tenderer pursuant to ITT 15 and 16
c) To verify information indicated in the CBQ
d) Due diligence to determine the ability to abide by the delivery schedule as stipulated

4.2 If the Tenderer is a manufacturer (Where Applicable)

a) Financial Capability
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent of any
contractual advance payment) sufficient to meet the supply cash flow of Kenya Shillings
[or
equivalent].
ii) Minimum average annual supply turnover of Kenya Shillings [insert
amount, specify a figure about 2.5 times the total Tender price)] or equivalent calculated
as total certified payments received for contracts of goods manufactured and supplied
within the last
[insert
number of years). In case of multiple contracts, limitation will be placed on the number
of item(s) that will be awarded to the Tenderer.

b) Experience and Technical Capacity (Where Applicable)

The Tenderer shall furnish documentary evidence to demonstrate that it meets the
following experience requirement(s) using the form provided in Section IV. In case
the Tenderer is a JV, experience and demonstrated technical capacity of only the JV
shall be taken into account and not of individual members nor their individual
experience/capacity will be aggregated unless all members of the JV have been
manufacturing and supplying Goods offered in the Tender to the same technology,
processing, design, materials, specifications, model number, etc. in all respects such
that Goods manufactured have the same functional characteristics, performance
parameters, outputs and other guarantees and fully interchangeable which shall be
documented along with other required documents demonstrating capacity to the
satisfaction of the Procuring Entity in case individual members claim experience.
Otherwise, documents evidencing experience and technical capacity shall be in the
name of the JV that submitted the Tender. Wherever the Words “Similar Goods” have
been used it includes upgrades, latest and improved versions or models of similar
specifications and technology. Refer to Form Exp-1 to provide the required information.

[list the requirement(s), including experience in successfully implementing sustainable

procurement requirements, if specified in the tender document.] Samples of Experience
Requirements:

i) The Tenderer shall be manufacturing similar Goods for the last

(spec
ify the number of years to cover a sufficiently long period ranging from 2 to 5 years
depending upon the Goods to be procured).
ii) The Tenderer shall furnish documentary evidence to demonstrate successful completion of at least
(Insert number) of contracts of similar Goods in the last
(specify number) each contract costing at least Kenya shillings
equivalent and involving a supply of at least
percentage of required quantity (usually the percentage is

36
 about 70-80%) in some cases where Procuring Entity requires deliveries in a scheduled
manner over a specified time, include item (iii) below.
iii) (Optional) The installed capacity to manufacture number of
items (specify the relevant item number) shall not be less than units per
(specify
week or month).

c) (Optional) Documentary Evidence of Usage of Goods (When appropriate)

The Tenderer shall furnish documentary evidence satisfactory to the Procuring Entity to
demonstrate that similar Goods as offered in the Tender have been in successful use or
operation for the last----------years. If the Tenderer is a JV, the evidence of demonstrated
usage of Goods supplied in the past shall be in the name of the JV.

4.3 If Tenderer is a Supplier:

If a Tenderer is a Supplier offering the Goods on behalf of or from a Manufacturer

under Manufacturer's Authorization Form (Section IV, Tendering Forms), the
Manufacturer shall demonstrate the above qualifications 4.2 (b) (i), (ii), and (iii) and
the Tenderer shall demonstrate it meets the following criteria.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid
assets, unencumbered real assets, lines of credit, and other financial means
(independent of any contractual advance payment) sufficient to meet the supply
cash flow of Kenya Shillings __
ii) Minimum average annual supply turnover of KenyaShillings
[in
sert amount] or equivalent calculated as total certified payments received for
contracts in progress and/or completed within the last [insert of year] years,
divided by [insert number of years] years.
iii) Has satisfactorily and substantially completed at least ___(specify number)
contract(s) of a similar nature either within Kenya, the East African Community
or abroad, as a prime supplier or a joint venture member, each of a minimum
value in Kenya shillings equivalent.

4.4 History of non-performing contracts:

Tenderer (Supplier or/and manufacturer, and each member of JV in case the Tenderer
is a JV, shall demonstrate that Non-performance of a contract did not occur as a
result of the default of the Tenderer, manufacturer or the member of JV as the case
may be, in the last two (2) years). The required information shall be furnished as per form
CON-2].

4.5 Pending Litigation

Financial position and prospective long-term profitability of the Single Tenderer, and
in the case the Tenderer is a JV, of each member of the JV, shall remain sound
according to criteria established with respect to Financial Capability under paragraph I
(i) above assuming that all pending litigation will be resolved against the Tenderer.
Tenderer shall provide information on pending litigations as per Form CON-2.

4.6. Litigation History

There shall be no consistent history of court/arbitral award decisions against the Tenderer,
in the last two (2) year). All parties to the contract shall furnish the information on the
related Form (CON-2) about any litigation or arbitration resulting from contracts
completed or ongoing under its execution over the years specified. A consistent history
of awards against the Tenderer or any member of a JV may result in rejection of the
tender

37
SECTION IV - TENDERING FORMS

Form of Tender Tenderer Information Form Tenderer JV Members Information Form

Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule: Goods

Manufactured Outside Kenya, already imported Price Schedule: Goods Manufactured in Kenya

Price and Completion Schedule – Related Services Form of Tender Security – Demand

Guarantee Form of Tender Security (Tender Bond)

Form of Tender-Securing Declaration Manufacturer’s Authorization Form

38
 FORM OF TENDER

Date of this Tender submission:.............[insert date (as day, month and year) of Tender

Invitation for Tender No.: ____________________________ [insert identification]

Tender Name: _____________________________________ [insert Tender Name]

To: The Kenya Power & Lighting Company Plc,

Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.

a) No reservations: We have examined and have no reservations to the Tendering document, including
Addenda issued in accordance with Instructions to tenderers (ITT 7);

b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with
ITT 3;

c) Tender/Proposal-Securing Declaration: We have not been suspended nor declared ineligible by the
Procuring Entity based on execution of a Tender-Securing Declaration. Or Proposal-Securing Declaration
in Kenya in accordance with ITT 3.6;

d) Conformity: We offer to supply in conformity with the Tendering document and in accordance with
the Delivery Schedules specified in the Schedule of Requirements the following Goods: [insert a brief
description of the Goods and Related Services];

e) Tender Price: The total price of our Tender, excluding any discounts offered in item (f) below is:

Option 1, in case of one lot: Total price is: [insert the total price of the Tender in words and figures,
indicating the various amounts and the respective currencies];

or

Option 2, in case of multiple lots: (a) Total price of each lot [insert the total price of each lot in words
and figures, indicating the various amounts and the respective currencies]; and (b) Total price
of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating
the various amounts and the respective currencies];

f) Discounts: The discounts offered and the methodology for their application are:

i) The discounts offered are: [Specify in detail each discount offered.]

ii) The exact method of calculations to determine the net price after application of discounts are shown
below: [Specify in detail the method that shall be used to apply the discounts];

g) Tender Validity Period: Our Tender shall be valid for the period specified in TDS 17.1 (as amended,
if applicable) from the date fixed for the Tender submission deadline specified in TDS 21.1 (as amended,
if applicable), and it shall remain binding upon us and may be accepted at any time before the expiration
of that period;

h) Performance Security: If our Tender is accepted, we commit to obtain a performance security in

accordance with the Tendering document;

i) One Tender per tenderer: We are not submitting any other Tender(s) as an individual tenderer, and
we are not participating in any other Tender(s) as a Joint Venture member, or as a subcontractor, and
meet the requirements of ITT 3.9, other than alternative Tenders submitted in accordance with ITT 12;

39
 j) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and not controlled
by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the
Procuring Entity. Further, we are not ineligible under the Kenya laws or official regulations or pursuant
to a decision of the United Nations Security Council;

k) State-owned enterprise or institution: [select the appropriate option and delete the other] [We are
not a state- owned enterprise or institution] / [We are a state-owned enterprise or institution but meet
the requirements of ITT 3.7];

l) Commissions, gratuities, fees: We have paid, or will pay the following commissions, gratuities, or fees
with respect to the Tendering process or execution of the Contract: [insert complete name of each
Recipient, its full address, the reason for which each commission or gratuity was paid and the amount
and currency of each such commission or gratuity]

(If none has been paid or is to be paid, indicate “none.”)

m) Binding Contract: We understand that this Tender, together with your written acceptance thereof
included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal
contract is prepared and executed;

n) Procuring Entity Not Bound to Accept: We understand that you are not bound to accept the lowest
evaluated cost Tender, the Best Evaluated Tender or any other Tender that you may receive; and

o) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting
for us or on our behalf engages in any type of Fraud and Corruption.

p) Code of Ethical Conduct: We undertake to adhere by the Code of Ethics for Persons Participating in
Public Procurement and Asset Disposal, copy available from______________(specify website) during the
procurement process and the execution of any resulting contract.

q) Collusive practices: We hereby certify and confirm that the tender is genuine, non-collusive and made
with the intention of accepting the contract if awarded. To this effect we have signed the “Certificate
of Independent tender Determination” attached below.

r) Beneficial Ownership Information: We commit to provide to the procuring entity the Beneficial Ownership
Information in conformity with the Beneficial Ownership Disclosure Form upon receipt of notification of
intention to enter into a contract in the event we are the successful tenderer in this subject procurement
proceeding.

s) We, the Tenderer, have duly completed, signed and stamped the following Forms as part of our Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in any conflict
to interest;
b) Certificate of Independent Tender Determination – to declare that we completed the tender without
colluding with other tenderers;
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage in
any form of fraud and corruption; and
d) Declaration and Commitment to the Code of Ethics for Persons Participating in Public Procurement
and Asset Disposal.

40
Further, we confirm that we have read and understood the full content and scope of fraud and corruption as
informed in “Appendix 1- Fraud and Corruption” attached to the Form of Tender.
Name of the tenderer: ……………………………………………………………………………………………..
*[insert complete name of the tenderer]

Name of the person duly authorized to sign the Tender on behalf of the tenderer:

……………………………………………………………………………………………………………………..
**[insert complete name of person duly authorized to sign the Tender]

Title of the person signing the Tender: …………………………………………….. [insert complete title of the

person signing the Tender] Signature of the person named above: ……………………………………….. [insert

signature of person whose name and capacity are shown above] Date signed [insert date of

signing]…………day of ………………………….. [insert month], [insert year]

*: In the case of the Tender submitted by a Joint Venture specify the name of the Joint Venture as tenderer.

**: Person signing the Tender shall have the power of attorney given by the tenderer. The power of attorney
shall be attached with the Tender Schedules.

INSTRUCTIONS TO TENDERERS

i. All italicized text is to help the Tenderer in preparing this form.

ii. The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the
Tenderer's complete name and business address. Tenderers are reminded that this is a mandatory
requirement.

iii. Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and
the SELF DECLARATION FORMS OF THE TENDERER as listed under (s) below.

41
 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

I, the undersigned, in submitting the accompanying Letter of Tender to the _______________

[Name of Procuring Entity] for: [Name

and number of tender] in response to the request for tenders made by: [Name of
Tenderer] do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of [Name of

Tenderer] that:
1. I have read and I understand the contents of this Certificate;
2. I understand that the Tender will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and to
submit the Tender on behalf of the Tenderer;
4. For the purposes of this Certificate and the Tender, I understand that the word “competitor” shall
include any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer,
who:
a) has been requested to submit a Tender in response to this request for tenders;
b) could potentially submit a tender in response to this request for tenders, based on their qualifications,
abilities or experience;
5. The Tenderer discloses that [check one of the following, as applicable]:
a) The Tenderer has arrived at the Tender independently from, and without consultation, communication,
agreement or arrangement with, any competitor;
b) the Tenderer has entered into consultations, communications, agreements or arrangements with one or
more competitors regarding this request for tenders, and the Tenderer discloses, in the attached document(s),
complete details thereof, including the names of the competitors and the nature of, and reasons for, such
consultations, communications, agreements or arrangements;
6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for Tenders; except
as specifically disclosed pursuant to paragraph (5)(b) above;
7. In addition, there has been no consultation, communication, agreement or arrangement with any
competitor regarding the quality, quantity, specifications or delivery particulars of the works or services to
which this request for tenders relates, except as specifically authorized by the procuring authority or as
specifically disclosed pursuant to paragraph (5)(b) above;
8. the terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly
or indirectly, to any competitor, prior to the date and time of the official tender opening, or of the awarding
of the Contract, whichever comes first, unless otherwise required by law or as specifically disclosed pursuant
to paragraph (5)(b) above.

Name;

Title; ;

Date;

[Name, title and signature of authorized agent of Tenderer and Date]

42
 SELF-DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED

IN THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET
DISPOSAL ACT 2015.

I ......................................................................... of Post Office Box..............................................being

a resident of ............................................. in the Republic of..............................................do hereby
make a statement as follows:-

1. THAT I am the Company Secretary/ Chief Executive/Managing Director/Principal

Officer/Director of ................................................... (insert name of the Company) who is a
Bidder in respect of Tender No. ........................................
for................................................................................................... (insert tender title/description)
for...........................................(insert name of the Procuring entity) and duly authorized and
competent to make this statement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from
participating in procurement proceeding under Part IV of the Act.

3. THAT what is deponed to herein above is true to the best of my knowledge, information and
belief.

…………………………. …………………..…. ………………………

(Title) (Signature) (Date)

Bidder Official Stamp

43
 FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY

CORRUPT OR FRAUDULENT PRACTICE

I, ………………………………….... of P.O. Box..............................................being a resident

of....................................................................... in the Republic of ................................... do hereby make
a statement as follows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director

of..............................................................……....…………………… (insert name of the
Company) who is a Bidder in respect of Tender No. ..............................................................
for.................................... (Insert tender title/description) for.................................................... (insert
name of the Procuring entity) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any
corrupt or fraudulent practice and has not been requested to pay any inducement to any
member of the Board, Management, Staff and/or employees and/or agents of
……………………..(insert name of the Procuring entity) which is the procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any
inducement to any member of the Board, Management, Staff and/or employees and/or agents
of ……………………..(name of the procuring entity).

4. THAT the aforesaid Bidder will not engage/has not engaged in any corrosive practice with
other bidders participating in the subject tender.

5. THAT what is deponed to herein above is true to the best of my knowledge information and
belief.

…………………………… ………………...… ……………………

(Title) (Signature) (Date)

Bidder’s Official Stamp

44
DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I....................................................................................................................... (Person) on behalf of (Name

of the Business/ Company/Firm)..........................................................................declare that I have read
and fully understood the contents of the Public Procurement & Asset Disposal Act, 2015, Regulations
and the Code of Ethics for persons participating in Public Procurement and Asset Disposal and my
responsibilities under the Code.

I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in
Public Procurement and Asset Disposal.

Name of Authorized signatory........................................................................................................................

Sign……………...........................................................................................................................................

Position............................................................................................................................................................

Office address………………………………………………. Telephone…………….......………………….

E-mail………………………………….......................................................................................……………

Name of the Firm/Company……………................................................................................………………

Date……………………………………..............................................................................…………………

(Company Seal/ Rubber Stamp where applicable)

Witness

Name ……………………………………........................................................................………………….

Sign………………………………………........................................................................................………

Date…………………………………………….................................................................................………

45
APPENDIX 1- FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

1.1 The Government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's
policies and procedures, Public Procurement and Asset Disposal Act (no. 33 of 2015) and
its Regulation, and any other Kenya's Acts or Regulations related to Fraud and Corruption,
and similar offences, shall apply with respect to Public Procurement Processes and Contracts
that are governed by the laws of Kenya.

2. Requirements

2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers,
(applicants/proposers), Consultants, Contractors and Suppliers; any Sub-contractors, Sub-
consultants, Service providers or Suppliers; any Agents (whether declared or not); and any
of their Personnel, involved and engaged in procurement under Kenya's Laws and Regulation,
observe the highest standard of ethics during the procurement process, selection and contract
execution of all contracts, and refrain from Fraud and Corruption and fully comply with
Kenya's laws and Regulations as per paragraphs 1.1 above.

2.2 Kenya’s public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes
rules to be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive,
Collusive or Fraudulent practices, and Conflicts of Interest in procurement including
consequences for offences committed. A few of the provisions noted below highlight Kenya's
policy of no tolerance for such practices and behavior:
1) a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive,
collusive or fraudulent practice; or conflicts of interest in any procurement or asset disposal
proceeding;
2) A person referred to under subsection (1) who contravenes the provisions of that sub-section
commits an offence;
3) Without limiting the generality of the subsection (1) and (2), the person shall be—
a) disqualified from entering into a contract for a procurement or asset disposal proceeding; or
b) if a contract has already been entered into with the person, the contract shall be voidable;
4) The voiding of a contract by the procuring entity under subsection (7) does not limit any legal
remedy the procuring entity may have;
5) An employee or agent of the procuring entity or a member of the Board or committee of the
procuring entity who has a conflict of interest with respect to a procurement:-
a) shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take part in any decision
relating to the procurement or contract; and
c) shall not be a subcontractor for the bidder to whom was awarded contract, or a member of the
group of bidders to whom the contract was awarded, but the subcontractor appointed shall
meet all the requirements of this Act.

6) An employee, agent or member described in subsection (1) who refrains from doing anything
prohibited under that subsection, but for that subsection, would have been within his or her
duties shall disclose the conflict of interest to the procuring entity;

7) If a person contravenes subsection (1) with respect to a conflict of interest described in subsection
(5)(a) and the contract is awarded to the person or his relative or to another person in whom
one of them had a direct or indirect pecuniary interest, the contract shall be terminated and
all costs incurred by the public entity shall be made good by the awarding officer. Etc.

2.3 In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:

a) Defines broadly, for the purposes of the above provisions, the terms set forth below as
follows:

46
 i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
ii) “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or
to avoid an obligation;
iii) “collusive practice” is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party;
iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party;
v) “obstructive practice” is:

• deliberately destroying, falsifying, altering, or concealing of evidence material to the

investigation or making false statements to investigators in order to materially impede
investigation by Public Procurement Regulatory Authority (PPRA) or any other appropriate
authority appointed by Government of Kenya into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation; or

• acts intended to materially impede the exercise of the PPRA's or the appointed authority's
inspection and audit rights provided for under paragraph 2.3 e. below.

b) Defines more specifically, in accordance with the above procurement Act provisions set
forth for fraudulent and collusive practices as follows:

"fraudulent practice" includes a misrepresentation of fact in order to influence a procurement or

disposal process or the exercise of a contract to the detriment of the procuring entity or
the tenderer or the contractor, and includes collusive practices amongst tenderers prior to
or after tender submission designed to establish tender prices at artificial non-competitive
levels and to deprive the procuring entity of the benefits of free and open competition.

c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for
the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or debar or
recommend to appropriate authority (ies) for sanctioning and debarment of a firm or
individual, as applicable under the Acts and Regulations;

e) Requires that a clause be included in Tender documents and Request for Proposal documents
requiring (i) Tenderers (applicants/proposers), Consultants, Contractors, and Suppliers, and
their Sub-contractors, Sub-consultants, Service providers, Suppliers, Agents personnel, permit
2
the PPRA or any other appropriate authority appointed by Government of Kenya to inspect
all accounts, records and other documents relating to the procurement process, selection
and/or contract execution, and to have them audited by auditors appointed by the PPRA or
any other appropriate authority appointed by Government of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along

with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the
procurement document declaring that they and all parties involved in the procurement
process and contract execution have not engaged/will not engage in any corrupt or fraudulent
practices.

47
TENDERER INFORMATION FORM

[The tenderer shall fill in this Form in accordance with the instructions indicated below. No alterations
to its format shall be permitted and no substitutions shall be accepted.]

Date: ………………………………………… [insert date (as day, month and year) of Tender
submission]

Tender Name and Identification:................................. [Insert identification

Alternative No.: ................................. [insert identification No if this is a Tender for an alternative]

Page of_ pages

1. Tenderer’s Name [insert Tenderer’s legal name]

2. In case of JV, legal name of each member: [insert legal name of each member in JV]

3. Tenderer’s actual or intended country of registration: [insert actual or intended country of

registration]
4. Tenderer’s year of registration: [insert Tenderer’s year of registration]

5. Tenderer’s Address in country of registration: [insert Tenderer’s legal address in country of

registration]
6. Tenderer’s Authorized Representative Information
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]
7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
 For Kenyan Tenderers a current tax clearance certificate or tax exemption certificate issued by
the Kenya Revenue Authority in accordance with ITT 3.14.
Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITT 3.4.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITT 3.1.
 In case of state-owned enterprise or institution, in accordance with ITT 4.6 documents
establishing:
(i) Legal and financial autonomy
(ii) Operation under commercial law
(iii) Establishing that the tenderer is not under the supervision of the Procuring Entity

2. Included are the organizational chart and a list of Board of Directors

48
 TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

a) Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one form for
each entity if Tender is a JV. Tenderer is further reminded that it is an offence to
give false information on this Form.

A. Tenderer’s details

ITEM DESCRIPTION
1 Name of the Procuring Entity KPLC
2 Name of the Tenderer
3 Full Address and Contact Details of the Tenderer. 1. Country

2. City

3. Location

4. Building

5. Floor

6. Postal Address

7. Name and email of contact person.

4 Reference Number of the Tender

5 Date and Time of Tender Opening

6 Current Trade License No and Expiring date

7 Maximum value of business which the Tenderer handles.

General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full _____________________

Age Nationality ______________________

Country of Origin Citizenship _____

c) Partnership, provide the following details.

Names of Partners Nationality Citizenship % Shares owned

49
 (d) Registered Company, provide the following details.

i) Private or public Company _______________________

ii) State the nominal and issued capital of the Company-

Nominal Kenya Shillings (Equivalent) ……………………………

Issued Kenya Shillings (Equivalent) ……………………………

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares owned

1
2
3

(e) DISCLOSURE OF INTEREST- Interest of the Firm in the Procuring Entity.

(i) Are there any person/persons in …………… (Name of Procuring Entity) who has an
interest or relationship in this firm? Yes/No………………………

If yes, provide details as follows.

Names of Person Designation in the Interest or Relationship

Procuring Entity with Tenderer
1
2
3

(ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of the

YES OR relationship with Tenderer
NO
1 Tenderer is directly or indirectly
controlled by or is under common
control with another tenderer.
2 Tenderer receives or has received
any direct or indirect subsidy
from another tenderer.
3 Tenderer has the same legal
representative as another tenderer
4 Tender has a relationship with
another tenderer, directly or
through common third parties
that puts it in a position to
influence the tender of another
tenderer, or influence the
decisions of the Procuring Entity
regarding this tendering process.
5 Any of the Tenderer’s affiliates
participated as a consultant in the
preparation of the design or
technical specifications of the

50
 Type of Conflict Disclosure If YES provide details of the
YES OR relationship with Tenderer
NO
works that are the subject of the
tender.
6 Tenderer would be providing
goods, works, non-consulting
services or consulting services
during implementation of the
contract specified in this Tender
Document.
7 Tenderer has a close business or
family relationship with a
professional staff of the
Procuring Entity who are directly
or indirectly involved in the
preparation of the Tender
document or specifications of the
Contract, and/or the Tender
evaluation process of such
contract.
8 Tenderer has a close business or
family relationship with a
professional staff of the
Procuring Entity who would be
involved in the implementation or
supervision of the Contract.
9 Has the conflict stemming from
such relationship stated in item 7
and 8 above been resolved in a
manner acceptable to the
Procuring Entity throughout the
tendering process and execution
of the Contract?

(f) Certification

On behalf of the Tenderer, I certify that the information given above is correct.

Full Name________________________________________________

Title or Designation________________________________________

(Signature) (Date)

51
TENDERER’S JV MEMBERS INFORMATION FORM

[The tenderer shall fill in this Form in accordance with the instructions indicated below.
The following table shall be filled in for the tenderer and for each member of a Joint
Venture]].

Date:.................................[insert date (as day, month and year) of Tender submission].

Tender Name and Identification:.................................[insert identification Alternative

No.:....................[insert identification No if this is a Tender for an alternative].

Page of pages

1. Tenderer’s Name: [insert Tenderer’s legal name]

2. Tenderer’s JV Member’s name: [insert JV’s Member legal name]

3. Tenderer’s JV Member’s country of registration: [insert JV’s Member country of registration]

4. Tenderer’s JV Member’s year of registration: [insert JV’s Member year of registration]

5. Tenderer’s JV Member’s legal address in country of registration: [insert JV’s Member legal address
in country of registration]
6. Tenderer’s JV Member’s authorized representative information
Name: [insert name of JV’s Member authorized representative]
Address: [insert address of JV’s Member authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized representative]
Email Address: [insert email address of JV’s Member authorized representative]
7. Attached are copies of original documents of [check the box(es) of the attached original documents]
 Articles of Incorporation (or equivalent documents of constitution or association), and/or registration
documents of the legal entity named above, in accordance with ITT 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the supervision of
the Procuring Entity, in accordance with ITT 4.6.
8. Included are the organizational chart and a list of Board of Directors

52
 PRICE SCHEDULE

Tender No: KP1/9A.3/OT/46/23-24

Tender Name: SUPPLY OF TOOL BOXES & EQUIPMENT

Unit Price DDP

Unit of Total Price DDP VAT
No. Description Quantity VAT Exclusive
Measure Exclusive (Kshs)
(Kshs)
LOT 1
1 Empty tool box 150 Pc
Combination spanner set
2 150 Pc
(10,13,14,17,19, 24 & 30mm)
3 Ring spanner 6-32mm 100 Pc
300,250&200 mm Adjustable
4 100 Pc
spanners
5 Pipe wrench 100 Pc
Heavy duty Flat screw
6 100 Pc
drivers(5)
7 Heavy duty Star drivers(3) 100 Pc
8 Hacksaw Frame & Blade set 100 Pc
9 Mole Crip Plier 100 Pc
10 Electrical Pliers 100 Pc
11 Allen keys 100 Pc
12 Tape measure 103 Pc
13 Insulated trimming knife 103 Pc
Hydraulic Compression tool
14 103 Pc
up to 300mm2
15 Hydraulic wire cutters 36" 103 Pc
LOT 2
16 Portable Working Standards 2 Pc
17 Data Logger 1 Pc
Telescopic Ladder (Carson Pc
18 4
Fiber)
19 Electrical Insulating Gloves 15 Pc
Subtotal

VAT

GRAND TOTAL (Kshs.) INCLUSIVE

Note: Goods to be delivered at Bulk store.

Name of tenderer ……………………………………………………………………

Signature of tenderer ………………………………………………………………..

Date …………………………………………………………………………………..

Stamp………………………………………………………………………………….

53
FORM OF TENDER SECURITY-[Option 1–Demand Bank Guarantee]- (Applicable)

Beneficiary: Request for Tenders

No: Date: TENDER GUARANTEE
No.:
Guarantor:

1. We have been informed that (here inafter called "the Applicant") has
submitted or will submit to the Beneficiary its Tender (here inafter called" the Tender") for the execution
of under Request for Tenders No. (“the ITT”).

2. Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a
Tender guarantee.

3. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any
sum or sums not exceeding in total an amount of ( ) upon receipt by us of the
Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or
a separate signed document accompanying or identifying the demand, stating that either the Applicant:

(a) has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Letter of Tender
(“the Tender Validity Period”), or any extension thereto provided by the Applicant; or

b) having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or
any extension there to provided by the Applicant, (i) has failed to execute the contract agreement, or (ii)
has failed to furnish the Performance.

4. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the
contract agreement signed by the Applicant and the Performance Security and, or (b) if the Applicant is not
the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the
Applicant of the results of the Tendering process; or (ii) thirty days after the end of the Tender Validity
Period.

5. Consequently, any demand for payment under this guarantee must be received by us at the office indicated
above on or before that date.

This guarantee is valid until the …..…day of………………………20……

EITHER

SEALED with the )

COMMON SEAL )

of the said BANK ) _______________________________

this ……………………day ) BANK SEAL
of ………………………20…. )
)
in the presence of: - )
_________________ )
)
and in the presence of: - )
_________________ )

54
 OR

SIGNED by the DULY AUTHORISED

REPRESENTATIVE(S)/ ATTORNEY(S) of
the BANK
_____________________
Name(s) and Designation of duly authorised representative(s)/ attorney(s) of the Bank
___________________________________
Signature(s) of the duly authorised person(s)

NOTES TO TENDERERS AND BANKS

1. Please note that no material additions, deletions or alterations regarding the contents of this Form shall be
made to the Tender Security to be furnished by the Tenderer. If any are made, the Tender Security shall not
be accepted and shall be rejected by KPLC. For the avoidance of doubt, such rejection will be treated as non-
submission of the Tender Security where such Security is required in the tender.
2. KPLC at its discretion will be able to establish the authencity of the Tender Security with the issuing
Organization.
3. The issuing bank should address its response or communication regarding the bond to KPLC at the
following e-mail address – “guarantees@ kplc.co.ke”
2. The Tender validity period is one eighty (180) days as set out in the Invitation to Tender (at Section I of the
Tender document) or as otherwise may be extended by KPLC. Therefore, the Tender Security must at all times
be valid for at least 30 days beyond the tender validity period.

[signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the final product.

55
FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee] –Not Applicable

TENDER GUARANTEE No.:

1. Whereas ………… [Name of the tenderer]

(hereinafter called “the tenderer”) has submitted its tender dated ……… [Date of submission of tender]
for the …………… [Name and/or description of the tender] (hereinafter called “the Tender”) for the
execution of
under Request for Tenders No.
(“the ITT”).

2. KNOW ALL PEOPLE by these presents that WE ………………… of ………… [Name of Insurance
Company] having our registered office at …………… (hereinafter called “the Guarantor”), are bound unto
…………….. [Name of Procuring Entity] (hereinafter called “the
Procuring Entity”) in the sum of ………………… (Currency and guarantee amount) for which payment
well and truly to be made to the said Procuring Entity, the Guarantor binds itself, its successors and assigns,
jointly and severally, firmly by these presents.

Sealed with the Common Seal of the said Guarantor this ___day of ______ 20 __.

3. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Applicant:

a) has withdrawn its Tender during the period of Tender validity set forth in the Principal's Letter
of Tender (“the Tender Validity Period”), or any extension thereto provided by the Principal;
or

b) having been notified of the acceptance of its Tender by the Procuring Entity during the Tender
Validity Period or any extension thereto provided by the Principal; (i) failed to execute the
Contract agreement; or (ii) has failed to furnish the Performance Security, in accordance with
the Instructions to tenderers (“ITT”) of the Procuring Entity's Tendering document.

then the guarantee undertakes to immediately pay to the Procuring Entity up to the above amount
upon receipt of the Procuring Entity's first written demand, without the Procuring Entity having to
substantiate its demand, provided that in its demand the Procuring Entity shall state that the demand
arises from the occurrence of any of the above events, specifying which event(s) has occurred.

4. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies
of the contract agreement signed by the Applicant and the Performance Security and, or (b) if the
Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the
Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii)twenty-eight
days after the end of the Tender Validity Period.

5. Consequently, any demand for payment under this guarantee must be received by us at the office
indicated above on or before that date.

_________________________
______________________________
[Date ]

[Signature of the Guarantor]

_________________________
______________________________
[Witness]
[Seal]

Note: All italicized text is for use in preparing this form and shall be deleted from the final product.

56
FORM OF TENDER-SECURING DECLARATION

[The Bidder shall complete this Form in accordance with the instructions indicated]

Date:..............................[insert date (as day, month and year) of Tender Submission]

Tender No.:........................................... [Insert number of tendering process]

To:.................................................[insert complete name of

Purchaser] I/We, the undersigned, declare that:

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

2. I/We accept that I/we will automatically be suspended from being eligible for tendering in any
contract with the Purchaser for the period of time of .........[insert number of months or years]
starting on .........[insert date], if we are in breach of our obligation(s) under the bid conditions,
because we – (a) have withdrawn our tender during the period of tender validity specified by us
in the Tendering Data Sheet; or (b) having been notified of the acceptance of our Bid by the
Purchaser during the period of bid validity, (i) fail or refuse to execute the Contract, if required,
or (ii) fail or refuse to furnish the Performance Security, in accordance with the instructions to
tenders.

3. I/We understand that this Tender Securing Declaration shall expire if we are not the successful
Tenderer(s), upon the earlier of:
a) our receipt of a copy of your notification of the name of the successful Tenderer; or
b) thirty days after the expiration of our Tender.

4. I/We understand that if I am/we are/in a Joint Venture, the Tender Securing Declaration must be
in the name of the Joint Venture that submits the bid, and the Joint Venture has not been legally
constituted at the time of bidding, the Tender Securing Declaration shall be in the names of all
future partners as named in the letter of intent.

Signed:……………………………………………………………………..……….....................................................
.

Capacity / title (director or partner or sole proprietor, etc.) ……….……………….

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

Name:
…………………………………………………………………………………..................................................

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

of Tenderer]. Dated on ....................................................... day of....................................................... [Insert

date of signing].

Seal or stamp.

57
MANUFACTURER’S AUTHORIZATION FORM (Applicable)

[The tenderer shall require the Manufacturer to fill in this Form in accordance with the instructions
indicated. This letter of authorization should be on the letterhead of the Manufacturer and should be
signed by a person with the proper authority to sign documents that are binding on the Manufacturer.
The tenderer shall include it in its Tender, if so indicated in the TDS.]

Date:.......................[insert date (as day, month and year) of Tender submission]

ITT No.:.......................[insert number of ITT

process] Alternative No.:.......................[insert identification No if this is a

Tender for an alternative]

To: ....................... [Insert complete name of

Procuring Entity] WHEREAS

We....................... [insert complete name of Manufacturer], who are official manufacturers

of.......................[insert type of goods manufactured], having factories at [insert full address of
Manufacturer's factories], do hereby authorize [insert complete name of tenderer] to submit a Tender
the purpose of which is to provide the following Goods, manufactured by us....................... [insert name
and or brief description of the Goods], and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 28 of the General
Conditions of Contract, with respect to the Goods offered by the above firm.

Signed:....................... [Insert signature(s) of authorized representative(s) of the Manufacturer]

Name:.......................[Insert complete name(s) of authorized representative(s) of the Manufacturer]

Title:....................... [Insert title]

Dated on day of , [insert date of signing]

58
MANUFACTURER’S WARRANTY FORM ( Applicable)

To Be Submitted On Manufacturer’s Letterhead)

To:
The Kenya Power & Lighting Company Limited, Stima Plaza,
Kolobot Road, Parklands, P.O Box 30099 – 00100, Nairobi,
Kenya.

RE: MANUFACTURER’S WARRANTY FOR GOODS REQUIRED UNDER TENDER NO

……………………….. TO BE SUPPLIED BY ………………………….(indicate your name or
the supplier you have authorized)

WE HEREBY WARRANT THAT:

a) The goods to be supplied under the contract are new, unused, of the most recent or current
specification and incorporate all recent improvements in design and materials unless provided
otherwise in the Tender.
b) The goods in the Tenderer’s bid have no defect arising from manufacture, materials or workmanship
or from any act or omission of the Tenderer that may develop under normal use of the goods
under the conditions obtaining in Kenya.

The Warranty will remain valid for 1 years after the goods, or any portion thereof as the case may be, have
been delivered to the destination indicated in the contract.

DATED THIS…………….. DAY OF……………………………….20……

_________________________________
Signature of duly authorised person for and on behalf of the Manufacturer.

__________________________________
Name and Capacity of duly authorised person signing on behalf of the Manufacturer

NOTES TO TENDERERS AND MANUFACTURERS

1. Only a competent person in the service of the Manufacturer should sign this letter of authority.
2. Provide full contact details including physical address, e-mail, telephone numbers and the website
on the Warranty.

59
PART 2: SUPPLY REQUIREMENTS

60
SECTION V - SCHEDULE OF REQUIREMENTS
Notes for Preparing the Schedule of Requirements

The Schedule of Requirements shall be included in the Tendering document by the Procuring Entity,
and shall cover, at a minimum, a description of the goods and services to be supplied and the delivery
schedule.

The objective of the Schedule of Requirements is to provide sufficient information to enable tenderers
to prepare their Tenders efficiently and accurately, in particular, the Price Schedule, for which a form
is provided in Section IV. In addition, the Schedule of Requirements, together with the Price Schedule,
should serve as a basis in the event of quantity variation at the time of award of contract pursuant to
ITT 42.1.

The date or period for delivery should be carefully specified, taking into account (a) the implications
of delivery terms stipulated in the Instructions to tenderers pursuant to the Incoterms rules that “delivery”
takes place when goods are delivered to the final place of delivery, and (b) the date prescribed herein
from which the Procuring Entity's delivery obligations start (i.e., notice of award, contract signature,
opening or confirmation of the letter of credit).

61
List of Goods and Delivery Schedule
Tender No: KP1/9A.3/OT/46/23-24
Tender Name: SUPPLY OF TOOL BOXES & EQUIPMENT

Delivery (as per Incoterms) Date

Unit of Final Destination as
NO Description of Goods Quantity Earliest Latest
measure specified in TDS Incoterms
Delivery Date Delivery Date
LOT 1
1 Empty tool box 150 Pc Bulk Store DDP 3 months 4months
2 Combination spanner set (10,13,14,17,19, 24 & 30mm) 150 Pc Bulk Store DDP 3 months 4months
3 Ring spanner 6-32mm 100 Pc Bulk Store DDP 3 months 4months
4 300,250&200mm Adjustable spanners 100 Pc Bulk Store DDP 3 months 4months
5 Pipe wrench 100 Pc Bulk Store DDP 3 months 4months
6 Heavy duty Flat screw drivers(5) 100 Pc Bulk Store DDP 3 months 4months
7 Heavy duty Star drivers(3) 100 Pc Bulk Store DDP 3 months 4months
8 Hacksaw Frame & Blade set 100 Pc Bulk Store DDP 3 months 4months
9 Mole Crip Plier 100 Pc Bulk Store DDP 3 months 4months
10 Electrical Pliers 100 Pc Bulk Store DDP 3 months 4months
11 Allen keys 100 Pc Bulk Store DDP 3 months 4months
12 Tape measure 103 Pc Bulk Store DDP 3 months 4months
13 Insulated trimming knife 103 Pc Bulk Store DDP 3 months 4months
14 Hydraulic Compression tool up to 300mm2 103 Pc Bulk Store DDP 3 months 4months
15 Hydraulic wire cutters 36" 103 Pc Bulk Store DDP 3 months 4months
LOT 2
16 Portable Working Standards 2 Pc Bulk Store DDP 3 months 4months
17 Data Logger 1 Pc Bulk Store DDP 3 months 4months
18 Telescopic Ladder (Carson Fiber) 4 Pc Bulk Store DDP 3 months 4months
19 Electrical Insulating Gloves 15 Pc Bulk Store DDP 3 months 4months

62
 List of Related Services and Completion Schedule (Guaranteed Lead Time (GLT)

Guaranteed Lead Time(GLT)

Final
Destination as Tenderer’s offered Total
Unit of KPLC Projected
No. Description of Service Quantity specified in Incoterms Delivery Period [to be
Measure total Delivery
TDS DDP provided by the
Period
tenderer]
LOT 1
1 Empty tool box 150 Pc Bulk Store DDP 4 months
Combination spanner set 4 months
2 150 Pc Bulk Store DDP
(10,13,14,17,19, 24 & 30mm)
3 Ring spanner 6-32mm 100 Pc Bulk Store DDP 4 months
4 300,250&200mm Adjustable spanners 100 Pc Bulk Store DDP 4 months
5 Pipe wrench 100 Pc Bulk Store DDP 4 months
6 Heavy duty Flat screw drivers(5) 100 Pc Bulk Store DDP 4 months
7 Heavy duty Star drivers(3) 100 Pc Bulk Store DDP 4 months
8 Hacksaw Frame & Blade set 100 Pc Bulk Store DDP 4 months
9 Mole Crip Plier 100 Pc Bulk Store DDP 4 months
10 Electrical Pliers 100 Pc Bulk Store DDP 4 months
11 Allen keys 100 Pc Bulk Store DDP 4 months
12 Tape measure 103 Pc Bulk Store DDP 4 months
13 Insulated trimming knife 103 Pc Bulk Store DDP 4 months
Hydraulic Compression tool up to 4 months
14 103 Pc Bulk Store DDP
300mm2
15 Hydraulic wire cutters 36" 103 Pc Bulk Store DDP 4 months
LOT 2
16 Portable Working Standards 2 Pc Bulk Store DDP 4 months
17 Data Logger 1 Pc Bulk Store DDP 4 months
18 Telescopic Ladder (Carson Fiber) 4 Pc Bulk Store DDP 4 months
Electrical Insulating Gloves 15 Pc Bulk Store DDP 4 months

Name of tenderer …………………………………………………………………………….Signature of tenderer ………………………………………………………

63
Date ……………………………………………………………………..Stamp……………………………………………………………………………………………………

Notes
1. Actual delivery Schedule will be captured in the Official/Purchase orders.
2. Contract period will be not more than one Year.

64
Technical Specifications
1.1 The purpose of the Technical Specifications (TS), is to define the technical characteristics of the
Goods and Related Services required by the Procuring Entity. The Procuring Entity shall prepare
the detailed TS consider that:

i) The TS constitute the benchmarks against which the Procuring Entity will verify the technical
responsiveness of Tenders and subsequently evaluate the Tenders. Therefore, well-defined
TS will facilitate preparation of responsive Tenders by tenderers, as well as examination,
evaluation, and comparison of the Tenders by the Procuring Entity.

ii) The TS shall require that all goods and materials to be incorporated in the goods be new,
unused, and of the most recent or current models, and that they incorporate all recent
improvements in design and materials, unless provided for otherwise in the contract.

iii) The TS shall make use of best practices. Samples of specifications from successful similar
procurements in the same country or sector may provide a sound basis for drafting the TS.

iv) The PPRA encourages the use of metric units.

v) Standardizing technical specifications may be advantageous, depending on the complexity of

the goods and the repetitiveness of the type of procurement. Technical Specifications should
be broad enough to avoid restrictions on workmanship, materials, and equipment commonly
used in manufacturing similar kinds of goods.

vi) Standards for equipment, materials, and workmanship specified in the Tendering document
shall not be restrictive. Recognized international standards should be specified as much as
possible. Reference to brand names, catalogue numbers, or other details that limit any
materials or items to a specific manufacturer should be avoided as far as possible. Where
unavoidable, such item description should always be followed by the words “or substantially
equivalent.” When other particular standards or codes of practice are referred to in the TS,
whether from the Procuring Entity's or from other eligible countries, a statement should
follow other authoritative standards that ensure at least a substantially equal quality, then
the standards mentioned in the TS will also be acceptable.

vii) Reference to brand names and catalogue numbers should be avoided as far as possible;
where unavoidable the words “or at least equivalent” shall always follow such references.

viii) Technical Specifications shall be fully descriptive of the requirements in respect of, but not
limited to, the following:
a) Standards of materials and workmanship required for the production and
manufacturing of the Goods.
b) Any sustainable procurement technical requirements shall be clearly specified.

1.2 To encourage tenderers' innovation in addressing sustainable procurement requirements, as long as

the Tender evaluation criteria specify the mechanism for monetary adjustments for the purpose of
Tender comparisons, tenderers may be invited to offer Goods that exceeds the specified minimum
sustainable procurement requirements.
i) Detailed tests required (type and number).
ii) Other additional work and/or Related Services required to achieve full delivery/completion.
iii) Detailed activities to be performed by the Supplier, and participation of the Procuring Entity
thereon.
iv) List of detailed functional guarantees covered by the Warranty and the specification of the
liquidated damages to be applied in the event that such guarantees are not met.

1.3 The TS shall specify all essential technical and performance characteristics and requirements, including
guaranteed or acceptable maximum or minimum values, as appropriate. Whenever necessary, the
Procuring Entity shall include an additional ad-hoc Tendering form (to be an Attachment to the
65
 Letter of Tender), where the tenderer shall provide detailed information on such technical
performance characteristics in respect to the corresponding acceptable or guaranteed values.
1.4 When the Procuring Entity requests that the tenderer provides in its Tender a part or all of the
Technical Specifications, technical schedules, or other technical information, the Procuring Entity
shall specify in detail the nature and extent of the required information and the manner in which
it has to be presented by the tenderer in its Tender.

1.5 If a summary of the Technical Specifications(TS) has to be provided, the Procuring Entity shall
insert information in the table below. The tenderer shall prepare a similar table to justify
compliance with the requirements.

Summary of Technical Specifications: The Goods and Related Services shall comply with
following Technical Specifications and Standards:

The Detailed Technical Specifications of the Tools and Equipment are attached separately on the E-
Procurement portal.

NO ITEM SPECIFICATION TITLE SPECIFICATION

DESCRIPTION NUMBER
LOT 1
1 Empty tool box Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams
2 Combination spanner Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
set (10,13,14,17,19, 24 electrical plant teams
& 30mm)
3 Ring spanner 6-32mm Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams

4 300,250&200mm Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024

Adjustable spanners electrical plant teams
5 Pipe wrench Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams
6 Heavy duty Flat screw Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
drivers(5) electrical plant teams
7 Heavy duty Star Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
drivers(3) electrical plant teams
8 Hacksaw Frame & Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
Blade set electrical plant teams
9 Mole Crip Plier Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams
10 Electrical Pliers Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams
11 Allen keys Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams
12 Tape measure Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
electrical plant teams
13 Insulated trimming Specification for tools & tool boxes for KPLC1/3CB/TSP/09/024
knife electrical plant teams
14 Hydraulic Specification for Hand-Operated KP1-6C-4-1-TSP-09-067
Compression tool up to Conductor Preparation Tools
300mm2 (compression, cutting and peeling)

15 Hydraulic wire cutters Specification for Hand-Operated KP1-6C-4-1-TSP-09-067

36" Conductor Preparation Tools
(compression, cutting and peeling)

66
 LOT 2

Portable Working Portable Power Quality Analyser KP1/13D/4/1/TSP/09/108-1

16
Standards
17 Data Logger Specification for Current Logger KP1/13D/4/1/TSP/14/060

Telescopic Ladder Specification for Extension Ladder KP1/13D/4/1/TSP/09/003

18
(Carson Fiber)
Electrical Insulating Specification for Hand Protective KP1/6C.1/13/TSP/09/90-2
19
Gloves Equipment

Note: User Specification form & individual item requirement are attached separately on the E-Procurement portal

2. Drawings

This Tendering document includes................................................................ [Insert “the following” or “no”]

drawings. [If documents shall be included, insert the following List of Drawings].

List of Drawings

Drawing No. Drawing Name Purpose

3. Inspections and Tests

The following inspections and tests shall be performed:

1. Tests highlighted on the Technical specifications or user form

67
PART 3 - CONDITIONS OF CONTRACT AND CONTRACT
FORMS

68
SECTION VI - GENERAL CONDITIONS OF CONTRACT
1. Definitions

In the Conditions of Contract (“these Conditions”), which include Special Conditions, Parts A and
B, and these General Conditions, the following words and expressions shall have the meanings
stated. Words indicating persons or parties include corporations and other legal entities, except
where the context requires otherwise.

a) “Contract” means the Contract Agreement entered into between the Procuring Entity and the
Supplier, together with the Contract Documents referred to therein, including all attachments,
appendices, and all documents incorporated by reference therein.

b) “Contract Documents” means the documents listed in the Contract Agreement, including any
amendments thereto.

c) “Contract Price” means the price payable to the Supplier as specified in the Contract
Agreement, subject to such additions and adjustments thereto or deductions therefrom, as
may be made pursuant to the Contract.

d) “Day” means calendar day.

e) “Completion” means the fulfilment of the Related Services by the Supplier in accordance
with the terms and conditions set forth in the Contract.

f) “GCC” means the General Conditions of Contract.

g) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other
materials that the Supplier is required to supply to the Procuring Entity under the Contract.

h) “Procuring Entity” means the Procuring Entity purchasing the Goods and Related Services,
as specified in the SCC.

i) “Related Services” means the services incidental to the supply of the goods, such as insurance,
delivery, installation, commissioning, training and initial maintenance and other such
obligations of the Supplier under the Contract.

j) “SCC” means the Special Conditions of Contract.

k) “Subcontractor” means any person, private or government entity, or a combination of the

above, to whom any part of the Goods to be supplied or execution of any part of the
Related Services is subcontracted by the Supplier.

l) “Supplier” means the person, private or government entity, or a combination of the above,
whose Tender to perform the Contract has been accepted by the Procuring Entity and is
named as such in the Contract Agreement.

m) “Base Date” means a date 30 day prior to the submission of tenders.

n) “Laws” means all national legislation, statutes, ordinances, and regulations and by-laws of
any legally constituted public authority.

o) “Letter of Acceptance” means the letter of formal acceptance, signed by the contractor.
Procuring Entity, including any annexed memoranda comprising agreements between and
signed by both Parties.

p) “Procuring Entity” means the Entity named in the Special Conditions of Contract.

2. Interpretation

2.1. If the context so requires it, singular means plural and vice versa.

2.2. Incoterms
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 a) Unless inconsistent with any provision of the Contract, the meaning of any trade term and
the rights and obligations of parties thereunder shall be as prescribed by Incoterms specified
in the SCC.
b) The terms EXW and CIP and other similar terms, when used, shall be governed by the
rules prescribed in the current edition of Incoterms specified in the SCC and published by
the International Chamber of Commerce in Paris, France.

3. Contract Documents

Subject to the order of precedence set forth in the Contract Agreement, all documents forming
the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually
explanatory. The Contract Agreement shall be read as a whole. The documents forming the Contract
shall be interpreted in the following order of priority:
a) the Contract Agreement,
b) the Letter of Acceptance,
c) the General Conditions of Contract
d) Special Conditions of Contract
e) the Form of Tender,
f) the Specifications and Schedules of the Drawings (if any), and
g) the Schedules of Requirements, Price Schedule and any other documents forming part of the
Contract.

4. Fraud and Corruption

3.1 The supplier shall comply with anti-corruption laws and guidelines and the prevailing sanctions,
policies and procedures as set forth in the Laws of Kenya.

3.2 The Supplier shall disclose any commissions, gratuity or fees that may have been paid or are to be
paid to agents or any other person with respect to the Tendering process or execution of the
Contract. The information disclosed must include at least the name and address of the agent or
other party, the amount and currency, and the purpose of the commission, gratuity or fee.

4.1 Entire Agreement

4.3.1 The Contract constitutes the entire agreement between the Procuring Entity and the Supplier and
supersedes all communications, negotiations and agreements (whether written or oral) of the parties
with respect thereto made prior to the date of Contract.

4.2 Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated,
expressly refers to the Contract, and is signed by a duly authorized representative of each party
thereto.

4.3 Non-waiver

a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or indulgence

by either party in enforcing any of the terms and conditions of the Contract or the granting
of time by either party to the other shall prejudice, affect, or restrict the rights of that
party under the Contract, neither shall any waiver by either party of any breach of Contract
operate as waiver of any subsequent or continuing breach of Contract.

b) Any waiver of a party's rights, powers, or remedies under the Contract must be in writing,
dated, and signed by an authorized representative of the party granting such waiver, and
must specify the right and the extent to which it is being waived.

4.4 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,

such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of
any other provisions and conditions of the Contract.

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5. Language

5.1 The Contract as well as all correspondence and documents relating to the Contract exchanged by
the Supplier and the Procuring Entity, shall be written in the English Language. Supporting
documents and printed literature that are part of the Contract may be in another language provided
they are accompanied by an accurate and certified translation of the relevant passages in the
English Language, in which case, for purposes of interpretation of the Contract, the English
language is translation shall govern.

5.2 The Supplier shall bear all costs of translation to the governing language and all risks of the
accuracy of such translation, for documents provided by the Supplier.

6. Joint Venture, Consortium or Association

6.1 If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly
and severally liable to the Procuring Entity for the fulfilment of the provisions of the Contract
and shall designate one member of the joint venture, consortium, or association to act as a leader
with authority to bind the joint venture, consortium, or association. The composition or the
constitution of the joint venture, consortium, or association shall not be altered without the prior
written consent of the Procuring Entity.

7. Eligibility

7.1 The Supplier and its Subcontractors shall have the nationality of an eligible country. A Supplier
or Sub- contractor shall be deemed to have the nationality of a country if it is a citizen or
constituted, incorporated, or registered, and operates in conformity with the provisions of the laws
of that country.

7.2 All Goods and Related Services to be supplied under the Contract shall have their origin in
Eligible Countries. For the purpose of this Clause, origin means the country where the goods
have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture,
processing, or assembly, another commercially recognized article results that differs substantially
in its basic characteristics from its components.

7.3 The Tenderer, if a Kenyan firm, must submit with its tender a valid tax compliance certificate
from the Kenya Revenue Authority.

8. Notices
8.1 Any notice given by one party to the other pursuant to the Contract shall be in writing to the
address specified in the SCC. The term “in writing” means communicated in written form with
proof of receipt.
8.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later.

9. Governing Law
9.1 The Contract shall be governed by and interpreted in accordance with the laws of Kenya.
9.2 Throughout the execution of the Contract, the Supplier shall comply with the import of goods
and services prohibitions in Kenya:
a) where, as a matter of law, compliance or official regulations, Kenya prohibits commercial
relations with that country or any import of goods from that country or any payments to
any country, person, or entity in that country ; or

b) by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, Kenya prohibits any import of goods
from that country or any payments to any country, person, or entity.
10. Settlement of Disputes
10.1 The Procuring Entity and the Supplier shall make every effort to resolve amicably by direct
negotiation any disagreement or dispute arising between them under or in connection with the
Contract.
10.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such
mutual consultation, then either the Procuring Entity or the Supplier may give notice to the
other party of its intention to commence arbitration, as hereinafter provided, as to the matter in

71
 dispute, and no arbitration in respect of this matter may be commenced unless such notice is
given. Any dispute or difference in respect of which a notice of intention to commence
arbitration has been given in accordance with this Clause shall be finally settled by arbitration.
Arbitration may be commenced prior to or after delivery of the Goods under the Contract.

10.2 Arbitration proceedings shall be conducted as follows:

10.2.1 Any claim or dispute between the Parties arising out of or in connection with the Contract not
settled amicably in accordance with Sub-Clause 10.1 shall be finally settled by arbitration.
10.2.2 No arbitration proceedings shall be commenced on any claim or dispute where notice of a claim
or dispute has not been given by the applying party within thirty days of the occurrence or
discovery of the matter or issue giving rise to the dispute.
10.2.3 Notwithstanding the issue of a notice as stated above, the arbitration of such a claim or dispute
shall not commence unless an attempt has in the first instance been made by the parties to settle
such claim or dispute amicably with or without the assistance of third parties. Proof of such
attempt shall be required.
10.2.4 The Arbitrator shall, without prejudice to the generality of his powers, have powers to direct
such measurements, computations, or valuations as may in his opinion be desirable in order to
determine the rights of the parties and assess and award any sums which ought to have been
the subject of or included in any due payments.
10.2.5 Neither Party shall be limited in the proceedings before the arbitrators to the evidence, or to the
reasons for the dispute given in its notice of a claim or dispute.
10.2.6 Arbitration may be commenced prior to or after delivery of the goods. The obligations of the
Parties shall not be altered by reason of any arbitration being conducted during the progress of
the delivery of goods.
10.2.7 The terms of the remuneration of each or all the members of Arbitration shall be mutually agreed
upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for
paying one-half of this remuneration.

10.3 Arbitration Proceedings

10.3.1 Arbitration proceedings with national suppliers will be conducted in accordance with the Arbitration
Laws of Kenya. In case of any claim or dispute, such claim or dispute shall be notified in
writing by either party to the other with a request to submit it to arbitration and to concur in
the appointment of an Arbitrator within thirty days of the notice. The dispute shall be referred
to the arbitration and final decision of a person or persons to be agreed between the parties.
Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed,
on the request of the applying party, by the Chairman or Vice Chairman of any of the following
professional institutions;
i) Kenya National Chamber of Commerce
ii) Chartered Institute of Arbitrators (Kenya Branch)
iii) The Law Society of Kenya

10.3.2 The institution written to first by the aggrieved party shall take precedence over all other
institutions.

10.3.3 Alternative Arbitration Proceedings

Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration
(NCIA) which offers a neutral venue for the conduct of national and international arbitration
with commitment to providing institutional support to the arbitral process.

10.4 Arbitration with Foreign Suppliers

10.4.1 Arbitration with foreign suppliers shall be conducted in accordance with the arbitration rules of
the United Nations Commission on International Trade Law (UNCITRAL); or with proceedings
administered by the International Chamber of Commerce (ICC) and conducted under the ICC
Rules of Arbitration; by one or more arbitrators appointed in accordance with said arbitration
rules.

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10.4.2 The place of arbitration shall be a location specified in the SCC; and the arbitration shall be
conducted in the language for communications defined in Sub-Clause 1.4 [Law and Language].

10.5 Alternative Arbitration Proceedings

Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration
(NCIA) which offers a neutral venue for the conduct of national and international arbitration
with commitment to providing institutional support to the arbitral process.
10.6 Failure to Comply with Arbitrator’s Decision
10.6.1 The award of such Arbitrator shall be final and binding upon the parties.
10.6.1 In the event that a Party fails to comply with a final and binding Arbitrator's decision, then the
other Party may, without prejudice to any other rights it may have, refer the matter to a
competent court of law.
10.7 Contract operations continue
Notwithstanding any reference to arbitration herein,
a) the parties shall continue to perform their respective obligations under the Contract unless
they otherwise agree; and
b) the Procuring Entity shall pay the Supplier any monies due the Supplier.
11. Inspections and Audit by the Procuring Entity
11.1 The Supplier shall keep, and shall cause its Subcontractors to keep, accurate and systematic
accounts and records in respect of the Goods in such form and details as will clearly identify
relevant time, changes and costs.

11.2 Pursuant to paragraph 2.2 of Instruction to Tenderers, the Supplier shall permit and shall cause
its subcontractors to permit, the Procuring Entity and/or persons appointed by the Procuring
Entity or by other statutory bodies of the Government to inspect the Site and/or the accounts
and records relating to the procurement process, selection and/or contract execution, and to have
such accounts and records audited by auditors appointed by the Procuring Entity. The Supplier's
and its Subcontractors' attention is drawn to Sub- Clause 3.1 which provides, inter alia, that acts
intended to materially impede the exercise of the Procuring Entity's inspection and audit rights
constitute a prohibited practice subject to contract termination, as well as to a determination of
ineligibility.

12. Scope of Supply

12.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of
Requirements.

13. Delivery and Documents

13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services
shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply
Requirements. The details of shipping and other documents to be furnished by the Supplier are
specified in the SCC.

14. Supplier’s Responsibilities

14.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply
in accordance with GCC Clause 12, and the Delivery and Completion Schedule, as per GCC
Clause 13.

15. Contract Price

15.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under
the Contract shall not vary from the prices quoted by the Supplier in its Tender, with the
exception of any price adjustments authorized in the SCC.

15.2 Where the contract price is different from the corrected tender price, in order to ensure the
supplier is not paid less or more relative to the contract price (which would be the tender

73
 price), any partial payment valuation based on rates in the schedule of prices in the Tender,
will be adjusted by a plus or minus percentage. The percentage already worked out during
tender evaluation is worked out as follows: (corrected tender price – tender price)/tender price
X 100.

16. Terms of Payment

16.1 The Supplier shall request for payment by submitting invoice(s), delivery note(s) and any other
relevant documents as specified in the SCC to the Procuring Entity.
16.2 Payments shall be made promptly by the Procuring Entity, but not later than thirty (30) days
after submission of an invoice by the Supplier, and after the Procuring Entity has accepted it.
16.3 Where a Procuring Entity rejects Goods and Related Services, in part or wholly, the procuring
Entity shall promptly inform the Supplier to collect, replace or rectify as appropriate and give
reasons for rejection. The Supplier shall submit a fresh invoice, delivery note and any other
relevant documents as specified in the SCC.
16.4 The currencies in which payments shall be made to the Supplier under this Contract shall be
those in which the Tender price is expressed.
16.5 In the event that the Procuring Entity fails to pay the Supplier any payment by its due date or
within the period set forth in the SCC, the Procuring Entity may pay to the Supplier interest
on the amount of such delayed payment at the rate shown in the SCC, for the period of delay
until payment has been made in full, whether before or after judgment or arbitrage award.

17. Taxes and Duties

17.1 The Supplier shall be entirely responsible for all taxes, duties, license fees, and other such levies
incurred to deliver the Goods and Related Services to the Procuring Entity at the final delivery
point.

17.3 If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in
Kenya, the Supplier shall inform the Procuring Entity and the Procuring Entity shall use its best
efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable
extent.

18. Performance Security

18.1 If required as specified in the SCC, the Supplier shall, within twenty-eight (28) days of the
notification of contract award, provide a performance security for the performance of the Contract
in the amount specified in the SCC.

18.2 The proceeds of the Performance Security shall be payable to the Procuring Entity as compensation
for any loss resulting from the Supplier's failure to complete its obligations under the Contract.

18.3 As specified in the SCC, the Performance Security, if required, shall be denominated in the
currency(ies) of the Contract, or in a freely convertible currency acceptable to the Procuring
Entity; and shall be in one of the formats stipulated by the Procuring Entity in the SCC, or in
another format acceptable to the Procuring Entity.

18.4 The Performance Security shall be discharged by the Procuring Entity and returned to the Supplier
not later than thirty (30) days following the date of Completion of the Supplier's performance
obligations under the Contract, including any warranty obligations, unless specified otherwise in
the SCC.

19. Copyright

19.1 The copyright in all drawings, documents, and other materials containing data and information
furnished to the Procuring Entity by the Supplier herein shall remain vested in the Supplier, or,
if they are furnished to the Procuring Entity directly or through the Supplier by any third party,
including suppliers of materials, the copyright in such materials shall remain vested in such third
party.

74
20. Confidential Information
20.1 The Procuring Entity and the Supplier shall keep confidential and shall not, without the written
consent of the other party hereto, divulge to any third party any documents, data, or other
information furnished directly or indirectly by the other party hereto in connection with the
Contract, whether such information has been furnished prior to, during or following completion
or termination of the Contract. Notwithstanding the above, the Supplier may furnish to its Sub-
Supplier such documents, data, and other information it receives from the Procuring Entity to the
extent required for the Sub Supplier to perform its work under the Contract, in which event the
Supplier shall obtain from such Sub Supplier undertaking of confidentiality similar to that imposed
on the Supplier under GCC Clause 20.

20.2 The Procuring Entity shall not use such documents, data, and other information received from
the Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall not use such
documents, data, and other information received from the Procuring Entity for any purpose other
than the performance of the Contract.

20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall not
apply to information that:
a) the Procuring Entity or Supplier need to share with other arms of Government or other
bodies participating in the financing of the Contract; such parties shall de disclosed in the
SCC;
b) now or hereafter enters the public domain through no fault of that party;
c) can be proven to have been possessed by that party at the time of disclosure and which
was not previously obtained, directly or indirectly, from the other party; or
d) otherwise lawfully becomes available to that party from a third party that has no obligation
of confidentiality.

20.4 The above provisions of GCC Clause 20 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in respect
of the Supply or any part thereof.

20.5 The provisions of GCC Clause 20 shall survive completion or termination, for whatever reason, of
the Contract.

21. Subcontracting

21.1 The Supplier shall notify the Procuring Entity in writing of all subcontracts awarded under the
Contract if not already specified in the Tender. Such notification, in the original Tender or later
shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability
under the Contract.

21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.

22. Specifications and Standards

22.1 Technical Specifications and Drawings

a) The Goods and Related Services supplied under this Contract shall conform to the technical
specifications and standards mentioned in Section VI, Schedule of Requirements and, when
no applicable standard is mentioned, the standard shall be equivalent or superior to the
official standards whose application is appropriate to the Goods' country of origin.
b) The Supplier shall be entitled to disclaim responsibility for any design, data, drawing,
specification or other document, or any modification thereof provided or designed by or on
behalf of the Procuring Entity, by giving a notice of such disclaimer to the Procuring
Entity.
c) Wherever references are made in the Contract to codes and standards in accordance with
which it shall be executed, the edition or the revised version of such codes and standards
shall be those specified in the Schedule of Requirements. During Contract execution, any
changes in any such codes and standards shall be applied only after approval by the
Procuring Entity and shall be treated in accordance with GCC Clause 33.

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23. Packing and Documents

23.1 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. During transit,
the packing shall be sufficient to withstand, without limitation, rough handling and exposure to
extreme temperatures, salt and precipitation, and open storage. Packing case size and weights
shall take into consideration, where appropriate, the remoteness of the goods' final destination
and the absence of heavy handling facilities at all points in transit.
23.2 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, including
additional requirements, if any, specified in the SCC, and in any other instructions ordered by
the Procuring Entity.

24. Insurance

24.1 Unless otherwise specified in the SCC, the Goods supplied under the Contract shall be fully
insured—in a freely convertible currency from an eligible country—against loss or damage
incidental to manufacture or acquisition, transportation, storage, and delivery, in accordance with
the applicable Incoterms or in the manner specified in the SCC.

25. Transportation and Incidental Services

25.1 Unless otherwise specified in the SCC, responsibility for arranging transportation of the Goods
shall be in accordance with the specified Incoterms.

25.2 The Supplier may be required to provide any or all of the following services, including additional
services, if any, specified in SCC:
a) performance or supervision of on-site assembly and/or start-up of the supplied Goods;
b) furnishing of tools required for assembly and/or maintenance of the supplied Goods;
c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the
supplied Goods;
d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period
of time agreed by the parties, provided that this service shall not relieve the Supplier of
any warranty obligations under this Contract; and
e) training of the Procuring Entity's personnel, at the Supplier's plant and/or on-site, in
assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

25.3 Prices charged by the Supplier for incidental services, if not included in the Contract Price for
the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing
rates charged to other parties by the Supplier for similar services

26. Inspections and Tests

26.1 The Supplier shall at its own expense and at no cost to the Procuring Entity carry out all such
tests and/or inspections of the Goods and Related Services as are specified in the SCC.

26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor,
at point of delivery, and/or at the Goods' final destination, or in another place in Kenya as
specified in the SCC. Subject to GCC Sub-Clause 26.3, if conducted on the premises of the
Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings
and production data, shall be furnished to the inspectors at no charge to the Procuring Entity.

26.3 The Procuring Entity or its designated representative shall be entitled to attend the tests and/or
inspections referred to in GCC Sub-Clause 26.2, provided that the Procuring Entity bear all of
its own costs and expenses incurred in connection with such attendance including, but not limited
to, all travelling and board and lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a
reasonable advance notice, including the place and time, to the Procuring Entity. The Supplier
shall obtain from any relevant third party or manufacturer any necessary permission or consent

76
 to enable the Procuring Entity or its designated representative to attend the test and/or inspection.

26.5 The Procuring Entity may require the Supplier to carry out any test and/or inspection not required
by the Contract but deemed necessary to verify that the characteristics and performance of the
Goods comply with the technical specifications codes and standards under the Contract, provided
that the Supplier's reasonable costs and expenses incurred in the carrying out of such test and/or
inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes
the progress of manufacturing and/or the Supplier's performance of its other obligations under the
Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates
and the other obligations so affected.

26.6 The Supplier shall provide the Procuring Entity with a report of the results of any such test
and/or inspection.

26.7 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or
inspection or do not conform to the specifications. The Supplier shall either rectify or replace
such rejected Goods or parts thereof or make alterations necessary to meet the specifications at
no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the
Procuring Entity, upon giving a notice pursuant to GCC Sub- Clause 26.4.

26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any
part thereof, nor the attendance by the Procuring Entity or its representative, nor the issue of
any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or
other obligations under the Contract.

27. Liquidated Damages

27.1 Except as provided under GCC Clause 32, if the Supplier fails to deliver any or all of the Goods
by the Date(s) of delivery or perform the Related Services within the period specified in the
Contract, the Procuring Entity may without prejudice to all its other remedies under the Contract,
deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage
specified in the SCC of the delivered price of the delayed Goods or unperformed Services for
each week or part thereof of delay until actual delivery or performance, up to a maximum
deduction of the percentage specified in those SCC. Once the maximum is reached, the Procuring
Entity may terminate the Contract pursuant to GCC Clause 35.

28. Warranty

28.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current
models, and that they incorporate all recent improvements in design and materials, unless provided
otherwise in the Contract.

28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further warrants that the Goods shall be free
from defects arising from any act or omission of the Supplier or arising from design, materials,
and workmanship, under normal use in the conditions prevailing in the country of final destination.

28.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months
after the Goods, or any portion thereof as the case may be, have been delivered to and accepted
at the final destination indicated in the SCC, or for eighteen (18) months after the date of
shipment from the port or place of loading in the country of origin, whichever period concludes
earlier.

28.4 The Procuring Entity shall give notice to the Supplier stating the nature of any such defects
together with all available evidence thereof, promptly following the discovery thereof. The
Procuring Entity shall afford all reasonable opportunity for the Supplier to inspect such defects.

28.5 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC,
expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Procuring
Entity.

28.6 If having been notified, the Supplier fails to remedy the defect within the period specified in the
SCC, the Procuring Entity may proceed to take within a reasonable period such remedial action
as may be necessary, at the Supplier's risk and expense and without prejudice to any other

77
 rights which the Procuring Entity may have against the Supplier under the Contract.

29. Patent Indemnity

29.1 The Supplier shall, subject to the Procuring Entity's compliance with GCC Sub-Clause 29.2,
indemnify and hold harmless the Procuring Entity and its employees and officers from and
against any and all suits, actions or administrative proceedings, claims, demands, losses, damages,
costs, and expenses of any nature, including attorney's fees and expenses, which the Procuring
Entity may suffer as a result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright, or other intellectual property right registered or
otherwise existing at the date of the Contract by reason of:
a) the installation of the Goods by the Supplier or the use of the Goods in the country
where the Site is located; and
b) the sale in any country of the products produced by the Goods.

Such indemnity shall not cover any use of the Goods or any part thereof other than for
the purpose indicated by or to be reasonably inferred from the Contract, neither any
infringement resulting from the use of the Goods or any part thereof, or any products
produced thereby in association or combination with any other equipment, plant, or materials
not supplied by the Supplier, pursuant to the Contract.

29.2 If any proceedings are brought or any claim is made against the Procuring Entity arising out of
the matters referred to in GCC Sub-Clause 29.1, the Procuring Entity shall promptly give the
Supplier a notice thereof, and the Supplier may at its own expense and in the Procuring Entity's
name conduct such proceedings or claim and any negotiations for the settlement of any such
proceedings or claim.

29.3 If the Supplier fails to notify the Procuring Entity within twenty-eight (28) days after receipt of
such notice that it intends to conduct any such proceedings or claim, then the Procuring Entity
shall be free to conduct the same on its own behalf.

29.4 The Procuring Entity shall, at the Supplier's request, afford all available assistance to the Supplier
in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all
reasonable expenses incurred in so doing.

29.5 The Procuring Entity shall indemnify and hold harmless the Supplier and its employees, officers,
and Subcontractors from and against any and all suits, actions or administrative proceedings,
claims, demands, losses, damages, costs, and expenses of any nature, including attorney's fees
and expenses, which the Supplier may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design, trademark, copyright, or other
intellectual property right registered or otherwise existing at the date of the Contract arising out
of or in connection with any design, data, drawing, specification, or other documents or materials
provided or designed by or on behalf of the Procuring Entity.

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

a) the Supplier shall not be liable to the Procuring Entity, whether in contract, tort, or otherwise,
for any indirect or consequential loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not apply to any obligation of the
Supplier to pay liquidated damages to the Procuring Entity, and

b) the aggregate liability of the Supplier to the Procuring Entity, whether under the Contract,
in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall
not apply to the cost of repairing or replacing defective equipment, or to any obligation of the
supplier to indemnify the Procuring Entity with respect to patent infringement.

31. Change in Laws and Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 30 days prior to date of Tender
submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in Kenya (which shall be deemed to include any change in
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 interpretation or application by the competent authorities) that subsequently affects the Delivery
Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be
correspondingly increased or decreased, to the extent that the Supplier has thereby been affected
in the performance of any of its obligations under the Contract. Notwithstanding the foregoing,
such additional or reduced cost shall not be separately paid or credited if the same has already
been accounted for in the price adjustment provisions where applicable, in accordance with GCC
Clause 15.

32. Force Majeure

32.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages,
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.
32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of
the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or
lack of care on the part of the Supplier. Such events may include, but not be limited to, acts
of the Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes.

32.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Procuring Entity in
writing of such condition and the cause thereof. Unless otherwise directed by the Procuring
Entity in writing, the Supplier shall continue to perform its obligations under the Contract as far
as is reasonably practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.

33. Change Orders and Contract Amendments

33.1 The Procuring Entity may at any time order the Supplier through notice in accordance GCC
Clause 8, to make changes within the general scope of the Contract in any one or more of the
following:
a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to
be specifically manufactured for the Procuring Entity;
b) the method of shipment or packing;
c) the place of delivery; and
d) the Related Services to be provided by the Supplier.

33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the
Supplier's performance of any provisions under the Contract, an equitable adjustment shall be
made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract
shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must
be asserted within twenty-eight (28) days from the date of the Supplier's receipt of the Procuring
Entity's change order.

33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which
were not included in the Contract shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the Supplier for similar services.

33.4 Value Engineering: The Supplier may prepare, at its own cost, a value engineering proposal at
any time during the performance of the contract. The value engineering proposal shall, at a
minimum, include the following;
a) the proposed change(s), and a description of the difference to the existing contract
requirements;
b) a full cost/benefit analysis of the proposed change(s) including a description and estimate of
costs (including life cycle costs) the Procuring Entity may incur in implementing the value
engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.

33.5 The Procuring Entity may accept the value engineering proposal if the proposal demonstrates
benefits that:

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 a) accelerates the delivery period; or
b) reduces the Contract Price or the life cycle costs to the Procuring Entity; or
c) improves the quality, efficiency or sustainability of the Goods; or
d) yields any other benefits to the Procuring Entity, without compromising the necessary
functions of the Facilities.

33.6 If the value engineering proposal is approved by the Procuring Entity and results in:
a) a reduction of the Contract Price; the amount to be paid to the Supplier shall be the
percentage specified in the SCC of the reduction in the Contract Price; or
b) an increase in the Contract Price; but results in a reduction in life cycle costs due to any
benefit described in
(a) to (d) above, the amount to be paid to the Supplier shall be the full increase in the
Contract Price.

33.7 Subject to the above, no variation in or modification of the terms of the Contract shall be made
except by written amendment signed by the parties.
34. Extensions of Time

34.1 If at any time during performance of the Contract, the Supplier or its subcontractors should
encounter conditions impeding timely delivery of the Goods or completion of Related Services
pursuant to GCC Clause 13, the Supplier shall promptly notify the Procuring Entity in writing
of the delay, its likely duration, and its cause.

As soon as practicable after receipt of the Supplier's notice, the Procuring Entity shall evaluate
the situation and may at its discretion extend the Supplier's time for performance, in which case
the extension shall be ratified by the parties by amendment of the Contract.

34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the Supplier in
the performance of its Delivery and Completion obligations shall render the Supplier liable to
the imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time
is agreed upon, pursuant to GCC Sub-Clause 34.1.

35. Termination

35.1 Termination for Default

a) The Procuring Entity, without prejudice to any other remedy for breach of Contract, by
written notice of default sent to the Supplier, may terminate the Contract in whole or in
part:
i) if the Supplier fails to deliver any or all of the Goods within the period specified
in the Contract, or within any extension thereof granted by the Procuring Entity
pursuant to GCC Clause 34;
ii) if the Supplier fails to perform any other obligation under the Contract; or
iii) if the Supplier, in the judgment of the Procuring Entity has engaged in Fraud and
Corruption, as defined in paragraph 2.2 a of the Appendix to the GCC, in competing
for or in executing the Contract.
b) In the event the Procuring Entity terminates the Contract in whole or in part, pursuant to
GCC Clause 35.1(a), the Procuring Entity may procure, upon such terms and in such
manner as it deems appropriate, Goods or Related Services similar to those undelivered or
not performed, and the Supplier shall be liable to the Procuring Entity for any additional
costs for such similar Goods or Related Services. However, the Supplier shall continue
performance of the Contract to the extent not terminated.

35.2 Termination for Insolvency.

The Procuring Entity may at any time terminate the Contract by giving notice to the Supplier
if the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be
without compensation to the Supplier, provided that such termination will not prejudice or affect
any right of action or remedy that has accrued or will accrue thereafter to the Procuring Entity.

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35.2 Termination for Convenience.
a) The Procuring Entity, by notice sent to the Supplier, may terminate the Contract, in whole
or in part, at any time for its convenience. The notice of termination shall specify that
termination is for the Procuring Entity's convenience, the extent to which performance of
the Supplier under the Contract is terminated, and the date upon which such termination
becomes effective.

b) The Goods that are complete and ready for shipment within twenty-eight (28) days after the
Supplier's receipt of notice of termination shall be accepted by the Procuring Entity at the
Contract terms and prices. For the remaining Goods, the Procuring Entity may elect:
i) to have any portion completed and delivered at the Contract terms and prices; and/or
ii) to cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and Related Services and for materials and parts previously procured
by the Supplier.
36. Assignment

36.1 Neither the Procuring Entity nor the Supplier shall assign, in whole or in part, their obligations
under this Contract, except with prior written consent of the other party.

37. Export Restriction

37.1 Notwithstanding any obligation under the Contract to complete all export formalities, any export
restrictions attributable to the Procuring Entity, to Kenya, or to the use of the products/goods,
systems or services to be supplied, which arise from trade regulations from a country supplying
those products/goods, systems or services, and which substantially impede the Supplier from
meeting its obligations under the Contract, shall release the Supplier from the obligation to
provide deliveries or services, always provided, however, that the Supplier can demonstrate to
the satisfaction of the Procuring Entity that it has completed all formalities in a timely manner,
including applying for permits, authorizations and licenses necessary for the export of the
products/goods, systems or services under the terms of the Contract. Termination of the Contract
on this basis shall be for the Procuring Entity's convenience pursuant to Sub-Clause 35.3.

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 SECTION VII - SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract (SCC) shall supplement and/or amend the General
Conditions of Contract (GCC).Whenever there is a conflict, the provisions herein shall prevail over
those in the GCC.

SECTION VII - SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1.1(h) The Procuring Entity is: Kenya Power and Lighting Company Plc
GCC 3 The following additional documents shall form part of this contract:
(a) Technical Specifications and Guaranteed Technical Particulars (GTPs)
(b) Letter of Award dated ………………
(c) Price Schedule
(d) Technical Drawings
(e) Delivery Schedule
(f) Manufacturer’s Warranty
(g) Manufacturer’s Authorization (where applicable)

GCC 4.2 (a) The terms of contract shall strictly Delivered Duty Paid (DDP). The meaning of the trade
terms shall be as prescribed by Incoterms.
GCC 4.2 (b) The version edition of Incoterms shall be INCOTERMS 2021
GCC 8.1 For notices, the Procuring Entity’s address shall be:
Attention: General Manager, Supply Chain & Logistics,
The Kenya Power and Lighting Company PLC,
Stima Plaza, 3rd Floor P.O Box 30099 - 00100
Nairobi, Kenya
Telephone:+254-20-3201821
Electronic mail address: [email protected]
The place of arbitration shall be NAIROBI, KENYA
GCC 13.1
1) Delivery of the goods shall be made by the Supplier to the place and in accordance with
the terms specified by KPLC in its Schedule of Requirements.
2) The Supplier shall notify KPLC of the full details of the delivered goods by delivering
together with the goods a full set of the following documents:-
a) Supplier’s invoice showing the goods description, quantity, unit price and total price
b)Delivery note for every consignment originating from the party contracted by KPLC.
The Delivery Note should be serialized, dated and contain the number of the Purchase
Order
c) Copy of the Certificate of Conformity (CoC) and/or Manufacturer’s warranty certificate
(where applicable)
d)Packing list-identifying contents of each package which list should include casing
number, full description of the items and the quantities in each package.
3) It is the responsibility of the Supplier to ensure that the delivery documents are received by
KPLC at the designated delivery point at the time of delivery.
4) Any late or non-submission of the delivery documents shall be treated as part of non-
performance on the part of the Supplier and KPLC shall be entitled to call up the
Performance Security.
The Supplier should notify KPLC in writing of its intention to deliver goods fourteen (14)

82
 days prior to delivery, and a further confirmation two (2) working days before actual delivery
to the designated delivery point.
GCC 15.1 The prices charged for the Goods supplied and the related Services performed “shall not,” be
adjustable during the period of the contract.
GCC 16.1
1) Payments shall be made promptly by KPLC thirty (30) days after delivery and submission
of an invoice together with other required and related documents and after KPLC has
accepted them or as otherwise prescribed in the contract.
2) KPLC shall inform the Supplier to collect, replace or rectify as appropriate where goods
have been rejected and give reasons for rejection. The Supplier shall submit fresh invoice,
delivery note and any other relevant documents on replacement or rectification of rejected
goods.
3) Payment shall primarily be through KPLC’s cheque or Real Time Gross Settlement
(RTGS).
4) Suppliers must ensure that they submit the following:
a) invoice containing the Bank’s Name and Branch,
b) Name/Title of Bank account,
c) Bank account number
d) SWIFT CODE.
e) A letter signed by the authorized signatory of the bank account of the Tenderer
confirming details (a) to (d) above. This letter must contain the name of that authorized
signatory and a Board Resolution that is sealed.
GCC 17 The terms shall be strictly on Delivered and Duty Paid (DDP

GCC 18
1. Where applicable, a copy of a valid Performance Security, stamped, certified as authentic
by KPLC, shall form part of the documents to be presented to KPLC before any payment is
made.
Within fourteen (14) days of the date of the notification of contract award, the Supplier shall
furnish to KPLC the Performance Security which shall be in the form of an original Bank
Guarantee that is strictly in the form and content as prescribed in the Performance Security
Form (Bank Guarantee) in the Tender Document.
2. The Performance Security shall be issued by a commercial bank licensed by the
Central Bank of Kenya. The bank must be located in Kenya.
3. The Performance Security shall be the sum of ten percent (10%) of the contract price. It
shall be in the currency of the contract price.
4. Failure of the Supplier to furnish the Performance Security, the award shall be annulled
and the Tender Security forfeited, in which event KPLC may notify the next lowest
evaluated Tenderer that its Tender has been accepted.
5. The proceeds of the Performance Security shall be payable to KPLC as compensation for
any loss resulting from the Supplier’s failure to comply with its obligations in accordance
with the contract without KPLC being required to demonstrate the loss it has suffered.
6. The Performance Security shall be valid for a minimum of sixty (60) days after satisfactory
delivery.
7. KPLC shall seek authentication of the Performance Security from the issuing bank.
8. Subject to the provisions of this contract, the Performance Security will be discharged by
KPLC and returned to the Supplier not earlier than sixty (60) days following the date of
completion of the Supplier’s obligations under the contract, including any warranty
obligations, under the contract.
GCC 22 1.The goods supplied under this contract shall conform to the technical specifications and
standards given in Section VI, Schedule of requirements and, when no standards is

83
 mentioned, the standard shall be equivalent or superior to the official standards whose
application is appropriate to the Goods’ country of origin.
2. Wherever references are made in the Contract to codes and standards in accordance
with which it shall be executed, the edition or the revised version of such codes and
standards shall be those specified in the Schedule of Requirements. During Contract
execution, any changes in any such codes and standards shall be applied only after
approval by the Procuring Entity and shall be treated in accordance with GCC Clause
33.

GCC 23.2
a) The Supplier shall provide such packaging of the Goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the contract.
b) The method of packaging, labeling and marking shall comply strictly with such special
requirements as shall be specified and attached to the Tender and particular Order.
c) The labelling, marking and documentation within and outside the packages shall comply
strictly with such special requirements as shall be expressly provided for in the contract.
d) The Goods shall be packed in good condition suitable for sea/air/road/rail dispatch. Hazard
in transit to the final destination shall include rough handling and storage in tropical
conditions.
e) The Supplier shall enclose a packing list in each package and all documents relating to the
Order shall show the Stores Code Number detailed against the items.
f) The Supplier shall ensure that all cases or packages shall be marked (painted) with bright
pink bands five (5) inches in width so as to form a diagonal cross on every face. All bundles
and pieces must bear a conspicuous bright pink colour mark to ensure identification in any
position in which they may appear on un–loading.
g) The Supplier shall ensure that all lettering shall be no less than seven decimals five
centimeters (7.5cm) or three inches (3”) high.

GCC 24.1 a) The Supplier shall (except in respect to losses, injuries or damage resulting from any act or
neglect of KPLC) indemnify and keep indemnified KPLC against all losses and claims for
injuries or damage to any person or property whatsoever which may arise out of or in
consequence of the contract and against all claims, demands, proceedings, damages, costs,
charges, and expenses whatsoever in respect thereof or in relation thereto.

GCC 25.1 a) Responsibility for transportation of the Goods shall be as specified in the Incoterms.
b)The Consignee shall be the supplier or supplier’s agent whose responsibilities shall include
payment of all Customs taxes, duties and levies, clearance of the Goods, and delivery to
KPLC stores. For avoidance of doubt, this includes Value Added Tax (VAT), Railway
Development Levy (RDL) and Import Duties.

84
GCC 26 a) KPLC or its representative shall have the right to inspect and/or to test the goods to confirm
their conformity to the contract specifications. KPLC shall notify the Supplier in writing
in a timely manner, of the identity of any representative(s) retained for these purposes.
b) Prior to the manufacture or production of the goods on order, KPLC reserves the right to
inspect the manufacturing or production facility and the quality management system. The
manufacturer or producer shall meet the cost of routine inspection while KPLC shall meet
the travel costs and accommodation of its nominated officers inspecting and witnessing
tests.
c) It is the responsibility of the Supplier to confirm if this right is to be exercised. Such visit
and or inspection shall in no way prejudice KPLC’s rights and privileges.
d) Upon completion of manufacturing or production process, KPLC reserves the right to send
two of its nominated officers to inspect the goods on order at the place of manufacture
where inspection and acceptance tests as per tender specifications shall be carried out in
their presence. Tests shall be done in accordance with the test standard(s) given in the
Technical Specification of the goods on order.
e) The manufacturer or producer shall meet the cost of tests as per tender specifications while
KPLC shall meet the travel costs and accommodation of nominated officers inspecting and
witnessing the tests.
f) The inspections and tests may be conducted on the premises of the Supplier or its
subcontractor(s), at point of production, manufacture, 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 KPLC. In all cases, the equipment used for
tests must be validly calibrated by the national standards body and a copy (ies) of the
calibration certificate(s) must be submitted with the test report(s).
g) Complete test report(s) for all the goods as per Tender Specifications shall be submitted to
KPLC for approval before packaging and shipment. No material or goods shall be shipped
or delivered without written approval from KPLC.
h) Should any inspected or tested goods fail to conform to the specifications, KPLC shall
reject the goods, and the Supplier shall either replace the rejected goods or make alterations
necessary to meet specification requirements free of cost to KPLC. The period for
replacement or alterations together with delivery to KPLC shall be fourteen (14) days or
as may otherwise be specified in the Notice of Rejection.
i) The Supplier shall collect the rejected goods within fourteen (14) days from the date of
notification of rejection. If the rejected goods are not collected within this period, KPLC,
may (without being responsible for any loss or damage) sell any such rejected goods,
holding the proceeds less all costs incurred to the credit of the Supplier.
j) KPLC’s right to inspect, test and where necessary, reject the goods after their arrival shall
in no way be limited or waived by reason of the goods having previously been inspected,
tested and passed by KPLC or its representative(s) prior to the goods delivery.
k) For the avoidance of doubt, any acknowledgement by KPLC on the Supplier’s or sub-
contractor’s document shall not be conclusive proof or evidence of satisfactory delivery
without duly authorized approval by KPLC.
l) Nothing in clause 9 shall in any way release the Supplier from any warranty or other
obligations under this Contract.
m) Upon completion of manufacturing or production process it shall be mandatory for Supplier
to notify in writing the date and time when KPLC nominated officers may conduct Factory
Acceptance Test (FAT) by giving reasonable notice.
GCC 28 1. The Warranty will remain valid for AS INDICATED IN THE TECHNICAL
SPECIFICATIONS after the Goods have been delivered and accepted.

85
 2. KPLC shall give notice to the Supplier stating the nature of any defects together
with all available evidence thereof, promptly following the discovery thereof and
shall afford all reasonable opportunity for the Supplier to inspect such defects.
3. Upon receipt of such notice, the Supplier shall, within the period specified
expeditiously repair or replace the defective Goods or parts thereof, at no cost
to KPLC.
4. If having been notified, the Supplier fails to remedy the defect within the period
specified, the Procuring Entity may proceed to take within a reasonable period
such remedial action as may be necessary, at the Supplier's risk and expense
and without prejudice to any other rights which the KPLC may have against
the Supplier under the Contract.
GCC 34
1) Variation of a contract shall only be considered after twelve months from the date of signing
the contract.

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 SECTION VIII - CONTRACT FORMS
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful tenderer after contract award.

87
 FORM No. 1: NOTIFICATION OF INTENTION TO AWARD
This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender. Send
this Notification to the Tenderer's Authorized Representative named in the Tender Information Form
on the format below.
-----------------------------------------------------------------------------------------------------------------------------------------
--

FORMAT

1. For the attention of Tenderer's Authorized Representative

I) Name: [insert Authorized Representative's name]

ii) Address: [insert Authorized Representative's Address]

iii) Telephone: [insert Authorized Representative's telephone/fax numbers]

iv) Email Address: [insert Authorized Representative's email address]

[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification must
be sent to all Tenderers simultaneously. This means on the same date and as close to the same
time as possible.]

2. Date of transmission: [email] on [date] (local time)

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

I) Employer: [insert the name of the Employer]

ii) Project: [insert name of project]

iii) Contract title: [insert the name of the contract]

iv) Country: [insert country where ITT is issued]

v) ITT No: [insert ITT reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the
above contract. The transmission of this Notification begins the Standstill Period. During the
Standstill Period, you may:

4. Request a debriefing in relation to the evaluation of your tender

Submit a Procurement-related Complaint in relation to the decision to award the contract.

a) The successful tenderer

i) Name of successful Tender

ii) Address of the successful Tender

iii) Contract price of the successful Tender Kenya Shillings (in

words
)

88
 b) Other Tenderers

Names of all Tenderers that submitted a Tender. If the Tender's price was evaluated include the
evaluated price as well as the Tender price as read out. For Tenders not evaluated, give one
main reason the Tender was unsuccessful.

S/No. Name of Tender Tender Price Tender’s evaluated One Reason Why Not Evaluated
as read out price (Note a)
1
2
3
4
5

(Note a) State NE if not evaluated

5. How to request a debriefing

a) DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local
time).
b) You may request a debriefing in relation to the results of the evaluation of your Tender. If
you decide to request a debriefing your written request must be made within three (5)
Business Days of receipt of this Notification of Intention to Award.
c) Provide the contract name, reference number, name of the Tenderer, contact details; and
address the request for debriefing as follows:
I) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
ii) Agency: [insert name of Employer]
iii) Email address: [insert email address]
d) If your request for a debriefing is received within the 3 Days deadline, we will provide the
debriefing within five (3) Business Days of receipt of your request. If we are unable to
provide the debriefing within this period, the Standstill Period shall be extended by five (3)
Days after the date that the debriefing is provided. If this happens, we will notify you and
confirm the date that the extended Standstill Period will end.
e) The debriefing may be in writing, by phone, video conference call or in person. We shall
promptly advise you in writing how the debriefing will take place and confirm the date
and time.
f) If the deadline to request a debriefing has expired, you may still request a debriefing. In
this case, we will provide the debriefing as soon as practicable, and normally no later than
fifteen (15) Days from the date of publication of the Contract Award Notice.

6. How to make a complaint

a) Period: Procurement-related Complaint challenging the decision to award shall be submitted
by midnight, [insert date] (local time).
b) Provide the contract name, reference number, name of the Tenderer, contact details; and
address the Procurement-related Complaint as follows:
I) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
iii) Agency: [insert name of Employer]
iv) Email address: [insert email address]

c) At this point in the procurement process, you may submit a Procurement-related Complaint

89
 challenging the decision to award the contract. You do not need to have requested, or
received, a debriefing before making this complaint. Your complaint must be submitted
within the Standstill Period and received by us before the Standstill Period ends.
d) Further information: For more information refer to the Public Procurement and Disposals Act
2015 and its Regulations available from the Website www.ppra.go.ke or email
[email protected].
You should read these documents before preparing and submitting your complaint.
e) There are four essential requirements:
i) You must be an ‘interested party’. In this case, that means a Tenderer who submitted a
Tender in this tendering process, and is the recipient of a Notification of Intention to
Award.
ii) The complaint can only challenge the decision to award the contract.
iii) You must submit the complaint within the period stated above.
iv) You must include, in your complaint, all of the information required to support your
complaint.

7. Standstill Period
i) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
ii) The Standstill Period lasts ten (14) Days after the date of transmission of this Notification
of Intention to Award.
iii) The Standstill Period may be extended as stated in paragraph Section 5 (d) above.

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Employer:

Signature:

Name:

Title/position:

Telephone:

Email:

90
 FORM NO. 2 - REQUEST FOR REVIEW

FORM FOR REVIEW(r.203(1))

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………...……………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity of ……………dated the…day of
………….20……….in the matter of Tender No………..…of …………..20….. for .........(Tender description).

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical address…………….P. O. Box

No…………. Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board to
review the whole/part of the above mentioned decision on the following grounds , namely:
1.
2.
By this memorandum, the Applicant requests the Board for an order/orders that:
1.
2.
SIGNED ……………….(Applicant) Dated on…………….day of ……………/…20……
___________________________________________________________________________
FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board on…………day of
………....20….………
SIGNED
Board Secretary

91
 FORM NO. 3 LETTER OF AWARD
[Use letter head paper of the Procuring Entity]

[Date]

To: [name and address of the Supplier]

Subject: Notification of Award Contract No. . . . . . . . ..

This is to notify you that your Tender dated [insert date] for
execution of the [insert name of the contract and identification number, as given in the
SCC] for the Accepted Contract Amount of [insert amount in numbers and words and name
of currency], as corrected and modified in accordance with the Instructions to tenderers is hereby
accepted by our Agency.

You are requested to furnish the Performance Security within 30 days in accordance with the Conditions
of Contract, using for that purpose the of the Performance Security Form included in Section X,
Contract Forms, of the Tendering document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

92
 FORM NO. 4 - CONTRACT AGREEMENT
[The successful tenderer shall fill in this form in accordance with the instructions indicated]

THIS AGREEMENT made the [insert: number] day of [insert: month], [insert:
year]. BETWEEN (1) [insert complete name of Procuring Entity and having its
principal place of business at [insert: address of Procuring Entity] (hereinafter called “Procuring
Entity”), of the one part; and (2) [insert name of Supplier], a corporation incorporated under
the laws of [insert: country of Supplier] and having its principal place of business at
[insert: address of Supplier] (hereinafter called “the Supplier”), of the other part.

1. WHEREAS the Procuring Entity invited Tenders for certain Goods and ancillary services, viz.,
[insert brief description of Goods and Services] and has accepted a Tender by the Supplier for
the supply of those Goods and Services, the Procuring Entity and the Supplier agree as follows:

i) In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the Contract documents referred to.

ii) The following documents shall be deemed to form and be read and construed as part of
this Agreement. This Agreement shall prevail over all other contract documents.
a) the Letter of Acceptance
b) the Letter of Tender
c) the Addenda Nos. (if any)
d) Special Conditions of Contract
e) General Conditions of Contract
f) the Specification (including Schedule of Requirements and Technical Specifications)
g) the completed Schedules (including Price Schedules)
h) any other document listed in GCC as forming part of the Contract

iii) In consideration of the payments to be made by the Procuring Entity to the Supplier as
specified in this Agreement, the Supplier hereby covenants with the Procuring Entity to
provide the Goods and Services and to remedy defects therein in conformity in all respects
with the provisions of the Contract.

2. The Procuring Entity hereby covenants to pay the Supplier in consideration of the provision of the
Goods and Services and the remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.

3. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Kenya on the day, month and year indicated above.

For and on behalf of the Procuring Entity

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation] In the presence of

[insert identification of official witness] For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier] in the capacity of

[insert title or other appropriate designation] in the presence of

[insert identification of official witness]

93
 FORM NO. 5 - PERFORMANCE SECURITY [Option 1 - Unconditional
Demand Bank Guarantee] –(Applicable)

[Guarantor letterhead]

Beneficiary: [insert name and Address of

Employer]
Date: [Insert date of issue]
Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

1. We have been informed that

(hereinafter called "the Contractor") has entered into Contract No.
dated
with (name of Employer) (the
Employer as the Beneficiary), for the execution of (hereinafter called "the
Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, a

performance guarantee is required.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of (in
words ),1 such sum being payable in the types and proportions of currencies in which the
Contract Price is payable, upon receipt by us of the Beneficiary's complying demand
supported by the Beneficiary's statement, whether in the demand itself or in a separate
signed document accompanying or identifying the demand, stating that the Applicant is
in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove
or to show grounds for your demand or the sum specified therein.

4. This guarantee shall expire, no later than the …. Day of …………, 2...…2, and any demand for
payment under it must be received by us at the office indicated above on or before that
date.

5. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months] [one year], in response to the Beneficiary's written request for such extension,
such request to be presented to the Guarantor before the expiry of the guarantee.”

[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

94
 FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance
Bond]- (Not Applicable)
[Note: Procuring Entities are advised to use Performance Security – Unconditional Demand Bank
Guarantee instead of Performance Bond due to difficulties involved in calling Bond holder to action]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of

Employer] Date: [Insert date of issue]

PERFORMANCE BOND No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

1. By this Bond____________________________ as Principal (hereinafter called “the Contractor”)

and ] as Surety (hereinafter called “the Surety”), are held
and firmly bound unto ] as Obligee (hereinafter called “the Employer”) in
the amount of for the payment of which sum well and truly to be
made in the types and proportions of currencies in which the Contract Price is payable, the
Contractor and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Contractor has entered into a written Agreement with the Employer dated the
day of , 20 , for in
accordance with the documents, plans, specifications, and amendments thereto, which to the extent
herein provided for, are by reference made part hereof and are hereinafter referred to as the
Contract.

3. NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall promptly
and faithfully perform the said Contract (including any amendments thereto), then this obligation
shall be null and void; otherwise, it shall remain in full force and effect. Whenever the Contractor
shall be, and declared by the Employer to be, in default under the Contract, the Employer having
performed the Employer's obligations thereunder, the Surety may promptly remedy the default, or
shall promptly:
1) complete the Contract in accordance with its terms and conditions; or
2) obtain a tender or tenders from qualified tenderers for submission to the Employer for
completing the Contract in accordance with its terms and conditions, and upon determination
by the Employer and the Surety of the lowest responsive Tenderers, arrange for a Contract
between such Tenderer, and Employer and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion
less the Balance of the Contract Price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first paragraph
hereof. The term “Balance of the Contract Price,” as used in this paragraph, shall mean
the total amount payable by Employer to Contractor under the Contract, less the amount
properly paid by Employer to Contractor; or
3) pay the Employer the amount required by Employer to complete the Contract in accordance
with its terms and conditions up to a total not exceeding the amount of this Bond.

4. The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

5. Any suit under this Bond must be instituted before the expiration of one year from the date of the
issuing of the Taking-Over Certificate. No right of action shall accrue on this Bond to or for the
use of any person or corporation other than the Employer named herein or the heirs, executors,
administrators, successors, and assigns of the Employer.

95
 6. In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the Surety has
caused these presents to be sealed with his corporate seal duly attested by the signature of his legal
representative, this day __________________of __________________ 20_______.

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of

96
 FORM NO. 7 - ADVANCE PAYMENT SECURITY [Demand Bank
Guarantee]
[Guarantor letterhead]

Beneficiary: ___________________ [Insert

name and Address of Employer]
Date: ________________ [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference

number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that ________________ (hereinafter called “the Contractor”) has entered into
Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the
sum ___________ (in words ) is to be made against an advance payment guarantee.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any
sum or sums not exceeding in total an amount of _____________________ (in words ___________________)
1
upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether
in the demand itself or in a separate signed document accompanying or identifying the demand, stating either
that the Applicant:

(a) has used the advance payment for purposes other than the costs of mobilization in respect of the goods; or
(b) has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount
which the Applicant has failed to repay.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate
from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the
Contractor on its account number _____________ at ----------------------------.

5. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as specified in copies of interim statements or payment certificates which
shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim
payment certificate indicating that ninety (90) percent of the Accepted Contract Amount, less provisional sums,
has been certified for payment, or on the ___ day of _____________, 2___,2 whichever is earlier. Consequently,
any demand for payment under this guarantee must be received by us at this office on or before that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one
year], in response to the Beneficiary’s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.
_______________________________________________________________________________________
[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final
product.

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency
of the advance payment as specified in the Contract.
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension
of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee.

97
 FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful tenderer pursuant to
Regulation 13 (2A) and 13 (6) of the Companies (Beneficial Ownership Information) Regulations, 2020. In case of joint
venture, the tenderer must submit a separate Form for each member. The beneficial ownership information to be
submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who ultimately owns or
controls the legal person (tenderer) or arrangements or a natural person on whose behalf a transaction is conducted,
and includes those persons who exercise ultimate effective control over a legal person (Tenderer) or arrangement.

Tender Reference No.: [insert identification no]Name

of the Tender Title/Description: [insert name of the assignment] to:
[insert complete name of Procuring Entity]

In response to the requirement in your notification of award dated [insert date of notification of award] to furnish
additional information on beneficial ownership: [select one option as applicable and
delete theoptions that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of Beneficial ownership

Details of all Beneficial Owners % of % of Whether a person directly Whether a person

sharesa voting or indirectly holds a right to directly or
person rights a appoint or remove a indirectlyexercises
holds in the person member of the board of significant
company holds in directors of the company or influence or control
Directly or the an equivalent governing over the Company
indirectly company body of the (tenderer) (Yes /
Tenderer (Yes / No) No)
Full Name: Directly----- Directly……… 1. Having the right to 1. Exercises
- …….% of appoint a majority ofthe significant
----- % votingrights board of the directors or influence or
of shares an equivalent governing control over the
National identity card number or body of the Tenderer: Company body of
Passport number: Indirectly------- Yes -----No---- the Company
--- 2. Is this right held directly (tenderer)
Indirectly--- % of or indirectly?:
- voting Yes -----No----
Personal Identification Number ------ % rights
1. (whereapplicable); of shares Direct……………… 2. Is this influence
… orcontrol
exercised
Nationality: directly or
Indirect……………… indirectly?
Date of birth [dd/mm/yyyy] ...
Direct…………..
Postal address
Indirect…………

Residential address

98
 Telephone number

Email address

Occupation
or
profession

Details of all Beneficial Owners % of % of Whether a person directly Whether a person

sharesa voting or indirectly holds a right to directly or
person rights a appoint or remove a indirectlyexercises
holds in the person member of the board of significant
company holds in directors of the company or influence or control
Directly or the an equivalent governing over the Company
indirectly company body of the (tenderer) (Yes /
Tenderer (Yes / No) No)

2. Full Name; Directly----- Directly……… 1. Having the right to 1. Exercises

- …….% of appoint a majority ofthe significant
National identitycard number or ----- % votingrights board of the directors or influenceor
Passport number; of shares an equivalent governing control over the
body of the Tenderer: Company body of
Indirectly------- Yes -----No---- the Company
Personal Identification Number (where --- 2. Is this right held directly (tenderer)
applicable) Indirectly--- % of or indirectly?: Yes -----No----
- voting
------ % rights 2. Is this influence
of shares Direct……………… orcontrol
Nationality(ies): … exercised
directly or
indirectly?
Date of birth [dd/mm/yyyy] Indirect………………
... Direct…………..
Postal address;
Indirect…………
Residential address;

Telephone number;

Email address;

Occupation orprofession;

3.

e.t
.c

99
 II) Am fully aware that beneficial ownership information above shall be reported to the Public Procurement Regulatory
Authority together with other details in relation to contract awards and shall be maintained in the Government
Portal, published and made publicly available pursuant to Regulation 13(5) of the Companies (Beneficial
Ownership Information) Regulations, 2020.(Notwithstanding this paragraph Personally Identifiable Information
in line with theData Protection Act shall not be published or made public). Note that Personally Identifiable
Information (PII) is defined as any information that can be used to distinguish one person from another and can
be used to deanonymizepreviously anonymous data. This information includes National identity card number or
Passport number, PersonalIdentification Number, Date of birth, Residential address, email address and Telephone
number.

III) In determining who meets the threshold of who a beneficial owner is, the Tenderer must consider a natural
person who in relation to the company:

IV) holds at least ten percent of the issued shares in the company either directly or indirectly;

(a) exercises at least ten percent of the voting rights in the company either directly or indirectly;

(b) holds a right, directly or indirectly, to appoint or remove a director of the company; or

(c) exercises significant influence or control, directly or indirectly, over the company.

V) What is stated to herein above is true to the best of my knowledge, information and belief.

VI) I _____________________________of ID/Passport No. ………………………………. of Postal/Physical Address

………………………………… on behalf of _____________________________________ltd/Plc hereby authorize and

consent to The Kenya Power & and Lighting Company PLC, publishing information with regards to the beneficial ownership

to of _________________________ltd/Plc in its books of accounts, Website and/or otherwise as it will deem fit.

Name of the Tenderer:…………………………………………………………(complete Name of the tenderer)

Name of the person duly authorized to sign the Tender on behalf of the Tenderer:……………………………………. [insert

complete name of personduly authorized to sign the Tender]

Designation of the person signing the Tender………………………………………………………[insert complete title of the

person signing the Tender]

Signature of the person named above ............................................ [insert signature of person whose name and capacity are
shown above]

Date this [insert date of signing] day of ................................................................... [Insert month], [insert year]

Bidder Official Stamp………………………………………………………………………

100
 FORM NO. 9 - SUBCONTRACTORS

(INFORMATION TO BE PROVIDED BY THE TENDERER)

As per the requirements of Clause 21 of General Conditions of Contract, following is a list of subcontractors and
the portions of the Work to be subcontracted:

No. Subcontractor Address Brief Description of the % works

Works to be subcontracted
Subcontracted

101
 FORM NO. 10 - PREVIOUS EXPERIENCE WITH SIMILAR WORK

(INFORMATION TO BE PROVIDED BY THE TENDERER)

As required by Clause 15.5 of the Instructions To Tenderers, following is a list of work that the Tenderer has
previously performed which is similar to that described in the Request for Proposal:

No. Description Customer Name & Contacts Date of Supply

102
 FORM NO. 11 - SUPPLIER EVALUATION FORM

(This form is for information only and not to be filled in by any bidder. It is for official use by KPLC to
evaluate performance of Suppliers during the contract period)
Name of Firm…………………………………...Date…………………
Category of Product/Service (e.g. Conductors) …………………
Period of evaluation………………………………………………........

1. COST OF Supplier Procurement User Comments Totals

SERVICE/PRODUCT Rating guidelines Score Score Score
Did the vendor assist in or
advice on ways of reducing
NO:
the costs? YES:4 PARTIALLY:2
0
10
How closely did your final costs
correspond to your expectation NO:
YES:2 PARTIALLY:1
at the beginning of the 0
project/tender? 10.00%
Did the company stick to the
NO:
agreed transaction/contract YES:4 PARTIALLY:2
0
rates?
Totals
2.ON TIME
DELIVERY OF Did the vendor perform work
NO:
PRODUCT OR in compliance with contract YES:6 PARTIALLY:3
0
SERVICE terms and agreements? 10
Was the vendor prompt and
NO:
effective in correction of YES:2 PARTIALLY:1
0
situations and conditions? 10.00%
Are you able to track service
level agreements and NO:
YES:2 PARTIALLY:1
determine duration of 0
incidents from the vendor?
3. FLEXIBILITY TO Rating guidelines Totals
RESPOND TO Was the vendor willing to
UNEXPECTED change their product/service NO:
YES:6 PARTIALLY:3
DEMAND OF on special needs? 0
SERVICE 6
6.00%
4. QUALITY Rating guidelines Totals
When performing their duties,
was there - rework or returns YES:
NO:6 PARTIALLY:3
caused by non-conformance to 0
quality? 14
Was the quality of service
delivered equal to KPLC YES:8 PARTIALLY:4 NO:0
minimum requirements? 14.00%

5.RESPONSIVENESS Rating guidelines Totals

Was the vendor well
responsive to information
NO:
requests, issues, or problems YES:2 PARTIALLY:1
0
that arose in the course of
service? 14
Was the vendor open to
feedback on low quality of NO:
YES:6 PARTIALLY:3
service levels and willing to act 0
on this? 14.00%
Is it easy to reach staff
members of suppliers in case of
NO:
a request or query? (are YES:6 PARTIALLY:3
0
communication channels
clear?)
6. CUSTOMER Totals
SUPPORT Rating guidelines
Did the vendor offer effective NO:
YES:10 PARTIALLY:4
customer support? 0 18
In case of reported
problems/issues, were there
NO:
follow ups by the vendor to YES:8 PARTIALLY:4
0
ensure the problem is fully
resolved during support? 18.00%

7. Totals
COMMUNICATION
SKILLS Rating guidelines
Are you satisfied with the
NO:
attitude, courtesy, and YES:2 PARTIALLY:1
0
professionalism of this vendor's 6

103
1. COST OF Supplier Procurement User Comments Totals
SERVICE/PRODUCT Rating guidelines Score Score Score
staff? Written or spoken?
Are the vendor's staff well
equipped and skilled in
NO:
handling requests / issues? Are YES:4 PARTIALLY:2
0
you rotated too much among
staff on an issue? 6.00%

8. Totals
DOCUMENTATION
AND ACCOUNTING Rating guidelines
Are you satisfied with how the
Vendor presents
documentation (invoices &
NO:
licenses etc) when required to YES:6 PARTIALLY:3
0
do so, to necessitate
finalization of contract
renewals and payments? 10
Was problem documentation
(incident reports) presented NO:
YES:4 PARTIALLY:2
promptly by the vendor and 0
was it complete? 10.00%

9. VALUE ADD Rating guidelines Totals

Did the vendor go over and
above in optimizing service NO:
YES:6 PARTIALLY:3
delivery process for effective 0
services delivery? 12
Did the vendor go over and
above and offer training or NO:
YES:6 PARTIALLY:3
knowledge to assist with better 0
systems support? 12.00%

Totals
Score:
Totals 100.0
Maximum Score 100.0 100.00%
VENDOR'S TOTAL SCORE
VENDOR'S PERCENTAGE SCORE
ISSUES FOR FOLLOW UP -
Evaluation Done by: Name Department Date

Checked/Validated
by

Score in Percentage % ………………………………………

PERFORMANCE LEVEL DEFINATION;
≥75% - KP1 GREEN
50% - KP2 AMBER
25% - KP3 YELLOW
≥25% - KP4 RED

RATING: 75% - V Good, 50% - Good, 25% - Fair, Below 25% - Poor
RECOMMENDATION
Status Tick as appropriate
1 Grant supplier preferred status KP1
2 Work with supplier or develop and improve supplier KP2 & KP3
3 Abandon / switch suppliers KP4

Name:…………………………Sign:…………………………..Date:………….…...

Name:…………………………Sign:…………………………..Date:……………....

Name:…………………………Sign:…………………………..Date:………………

104