KENYA ELECTRICITY GENERATING COMPANY PLC

KGN-TURK-009-2024

RFx: 5000015532

TENDER FOR REHABILITATION OF INTERNAL ROADS

FOR TURKWEL POWER STATION

(YOUTH ENTERPRISES ONLY)

Kenya Electricity Generating Company PLC

Stima Plaza Phase III, Kolobot Road, Parklands
P.O. BOX 47936-00100
NAIROBI.
Website: www.kengen.co.ke

June,2024

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 1

 INVITATION TO TENDER

PROCURING ENTITY: KENYA ELECTRICITY GENERATING COMPANY PLC

CONTRACT NAME AND DESCRIPTION: TENDER FOR REHABILITATION OF INTERNAL ROADS AT

TURKWEL POWER STATION.

KenGen PLC invites sealed tenders from eligible candidates for the Tender for Rehabilitation of
Internal Roads at Turkwel Power Station .whose specifications are detailed in the Tender Document.

Tendering will be conducted under open tendering method using a standardized tender document.
Tendering is open to all qualified and interested Tenderers.
Tendering is exclusive to firms registered under the AGPO group (Youth)

Qualified and interested tenderers may obtain further information and inspect the Tender Documents
during office hours between 8am and 5pm starting at the date of advert at the office of:

General Manager, Supply Chain

Tel: (254) (020) 3666000
Email: [email protected]; [email protected]; [email protected]
[email protected] [email protected]; [email protected];

The document can be viewed and downloaded for free from the website www.kengen.co.ke and/or
on E-procurement https://eprocurement.kengen.co.ke:50001/irj/portal and on PPIP portal
https://tenders.go.ke .Tenderers who download the tender document must forward their
particulars immediately to ([email protected] , 0711036000 and P.O.BOX 47936-00100
postal address) to facilitate any further clarification or addendum

Bidders who are unable to download the tender documents from the website may collect them from
any KenGen Supply Chain Office upon payment of a non-refundable fee of KShs.1, 000.00 paid
via Mpesa, pay bill no. 400200 and account no. 01120069076000, then share the MPesa message
to KenGen Finance office staff for receipt and issuance of official receipt or through a banker’s
cheque and payable to the address given below.

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

Tender Security is Not Applicable. Bidders will be required to complete and sign the Tender Securing
Declaration Form annexed to this tender document and shall be subject to authentication by KenGen.

There shall be a Mandatory Site Visit on 20th June, 2024 at Turkwel Power Station starting at 10.00
a.m.

Completed Tender must be submitted online on or before: 27th June, 2024 at 10.00 a.m.

Electronic submission shall be permitted through our e-procurement platform found at

www.kengen.co.ke (https://eprocurement.kengen.co.ke:50001/irj/portal. on or before:
Tender closing date and time

Internet Explorer and Firefox Mozilla are the preferred web browsers.

[Hard copies of the tender document shall not be permitted]

Tenders will be opened immediately after the deadline date and time specified above or any dead line
date and time specified later. Tenders will be publicly opened in the presence of the Tenderers'
designated representatives who choose to attend at the address below.

Late tenders will be rejected.

The addresses referred to above are:

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 2

 a. Address for obtaining further information and for purchasing tender documents
Physical address for hand Courier Delivery to an office or Tender Box (City, Street Name, Building,
Floor Number and Room)

Kenya Electricity Generating Company PLC

Stima Plaza Phase III, Kolobot Road, Parklands
P.O. BOX 47936-00100
[email protected] ;

b. Address for Opening of Tenders.

General Manager Supply Chain

Kenya Electricity Generating Company PLC
Stima Plaza Phase III, Kolobot Road, Parklands
P.O. BOX 47936-00100
6th Floor

KenGen adheres to high standards of integrity in its business operations.

Report any unethical behavior immediately to any of the provided anonymous hotline service.

1) Call Toll Free: 0800722626;

2) Free-Fax: 00800 007788;
3) Email: [email protected]
4) Website: www.tip-offs.com

GENERAL MANAGER SUPPLY CHAIN

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 3

 PART 1 - TENDERING PROCEDURES

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 4

 SECTION I: INSTRUCTIONS TO TENDERERS

A General Provisions

1. Scope of Tender

1.1The Procuring Entity as defined in the Appendix to Conditions of Contract invites tenders for
Works Contract as described in the tender documents. 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, f a x ,
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 The Procuring Entity 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 The Procuring Entity 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, the
Procuring Entity 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.

2.4 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 being tendered for.
The Procuring Entity shall indicate in the TDS firms (if any) that provided consulting services
for the contract being tendered for. The Procuring Entity shall check whether the owners or
controllers of the Tenderer are same as those that provided consulting services. The Procuring
Entity shall, upon request, make available to any tenderer information that would give such firm
unfair competitive advantage over competing firms.

3. Eligible Tenderers

3.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution
subject to ITT 3.7 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
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 5
 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.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister.
Child, Parent, Brother or Sister of a Spouse, their 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 legal representative 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) Any of its affiliates participated as a consultant in the preparation of the design or technical
specifications of the works that are the subject of the tender; or
f) any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as Engineer
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 contract specified in this
Tender Document or
h) Has a close business or family relationship with a professional staff of the Procuring Entity who:
i) 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; 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 any of these practices shall be
automatically disqualified.

3.5 A Tenderer (either individually or as a JV member) shall not participate in more than
one Tender, except for permitted alternative tenders. This includes participation as a
subcontractor in other Tenders. 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 ITT 4.8.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.

3.7 Tenderer that has been debarred 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 website of PPRA www.ppra.go.ke.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 6

 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 accredited by PPRA to be (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.

3.9 A Firms and individuals 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 of
works 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 the
Procuring Entity, as the Procuring Entity shall reasonably request.

3.10 Foreign tenderers are required to source at least forty (40%) percent of their contract
inputs (in supplies, subcontracts and labor) from national suppliers and contractors. To this end,
a foreign tenderer shall provide in its tender documentary evidence that this requirement is
met. Foreign tenderers not meeting this criterion will be automatically disqualified.
Information required to enable the Procuring Entity determine if this condition is met shall be
provided in for this purpose is be provided in “SECTION III - EVALUATION AND
QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign
tenderer, if the tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has
less than 51 percent ownership by Kenyan Citizens. JVs are considered as foreign tenderers if the
individual member firms are not registered in Kenya or if are registered in Kenya and have less
than 51 percent ownership by Kenyan citizens. The JV shall not subcontract to foreign firms more
than 10 percent of the contract price, excluding provisional sums.

3.12 The National Construction Authority Act of Kenya requires that all local and foreign
contractors be registered with the National Construction Authority and be issued with a
Registration Certificate before they can undertake any construction works in Kenya.
Registration shall not be a condition for tender, but it shall be a condition of contract award
and signature. A selected tenderer shall be given opportunity to register before such award and
signature of contract. Application for registration with National Construction Authority may be
accessed from the website www.nca.go.ke.

3.13 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

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

4. Eligible Goods, Equipment, and Services

4.1 Goods, equipment and services to be supplied under the Contract may have their origin in any
country that is not eligible under ITT 3.9. At the Procuring Entity's request, Tenderers may be
required to provide evidence of the origin of Goods, equipment and services.

4.2 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.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 7

5. Tenderer's Responsibilities

5.1 The tenderer shall bear all costs associated with the preparation and submission of his/her
tender, and the Procuring Entity will in no case be responsible or liable for those costs.

5.2 The tenderer, at the tenderer's own responsibility and risk, is encouraged to visit and examine
the Site of the Works and its surroundings and obtain all information that may be necessary
for preparing the tender and entering into a contract for construction of the Works. The costs
of visiting the Site shall be at the tenderer's own expense.

5.3 The Tenderer and any of its personnel or agents will be granted permission by the Procuring
Entity to enter upon its premises and lands for the purpose of such visit. The Tenderer shall
indemnify the Procuring Entity against all liability arising from death or personal injury, loss
of or damage to property, and any other losses and expenses incurred as a result of the
inspection.

5.4 The tenderer shall provide in the Form of Tender and Qualification Information, a preliminary
description of the proposed work method and schedule, including charts, as necessary or
required.

B. Contents of Tender Documents

6. Sections of Tender Document

6.1 The tender document consists of Parts 1, 2, and 3, which includes all the sections specified
below, and which should be read in conjunction with any Addenda issued in accordance with ITT
8.
PART 1 Tendering Procedures
i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tender Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria
iv) Section IV - Tendering Forms

PART 2 Works Requirements

i) Section V - Drawings
ii) Section VI - Specifications
iii) Section VII - Bills of Quantities

PART 3 Conditions of Contract and Contract Forms

i) Section VIII - General Conditions of Contract (GCC)
ii) Section IX - Special Conditions of Contract (SC)
iii) Section X - Contract Forms

6.2 The Invitation to Tender Document (ITT) issued by the Procuring Entity is not part of the Contract
documents.

6.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible for the
completeness of the Tender document, responses to requests for clarification, the minutes of the
pre-Tender meeting (if any), or Addenda to the Tender document in accordance with ITT 8. In
case of any contradiction, documents obtained directly from the Procuring Entity shall prevail.

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

7. Site Visit

7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine
and inspect the Site of the Required Services and its surroundings and obtain all information that
may be necessary for preparing the Tender and entering into a contract for the Services. The costs
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 8
 of visiting the Site shall be at the Tenderer's own expense.

8. Pre-Tender Meeting

8.1 The Procuring Entity shall specify in the TDS if a pre-tender meeting will be held, when and
where. The Procuring Entity shall also specify in the TDS if a pre-arranged pretender site visit
will be held and when. The Tenderer's designated representative is invited to attend a pre-
arranged pretender visit of the site of the works. The purpose of the meeting will be to clarify
issues and to answer questions on any matter that may be raised at that stage.

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

8.3 Minutes of the pre-Tender meeting and the pre-arranged pretender site visit of the site of the
works, 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.

8.4 The Procuring Entity shall also promptly publish anonym zed (no names) Minutes of the pre-
Tender meeting and the pre-arranged pretender visit of the site of the works 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 and the pre-arranged pretender site visit, shall be made by the
Procuring Entity exclusively through the issue of an Addendum pursuant to ITT 8 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.
9. Clarification and amendments of Tender Documents

9.1 A Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity
in writing at the Procuring Entity's address specified in the TDS or raise its enquiries during the
pre-Tender meeting and the pre- arranged pretender visit of the site of the works if provided for
in accordance with ITT 8.4. The Procuring Entity 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. The Procuring Entity shall forward copies
of its response to all tenderers who have acquired the Tender Documents in accordance with
ITT 6.3, including a description of the inquiry but without identifying its source. If specified in
the TDS, the Procuring Entity 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, the Procuring Entity shall amend the Tender Documents appropriately
following the procedure under ITT 8.4.

10. Amendment of Tendering Document

10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may
amend the Tendering document by issuing addenda.

10.2 Any addendum issued shall be part of the tendering document and shall be
communicated in writing to all who have obtained the tendering document from the
Procuring Entity in accordance with ITT 6.3. The Procuring Entity shall also promptly publish
the addendum on the Procuring Entity's web page in accordance with ITT 8.4.

10.3 To give prospective Tenderers reasonable time in which to take an addendum into
account in preparing their Tenders, the Procuring Entity shall extend, as necessary, the
deadline for submission of Tenders, in accordance with ITT 25.2 below.

C. Preparation of Tenders

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 9

11. Cost of Tendering

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

12. Language of Tender

12.1 The Tender, as well as all correspondence and documents relating to the tender exchanged
by the tenderer and the Procuring Entity, shall be written in the 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 and notarized translation of the relevant
passages into the English Language, in which case, for purposes of interpretation of the Tender,
such translation shall govern.

13. Documents Comprising the Tender

13.1 The Tender shall comprise the following:

a) Form of Tender prepared in accordance with ITT 14;
b) Schedules including priced Bill of Quantities, completed in accordance with ITT 14 and ITT 16;
c) Tender Security or Tender-Securing Declaration, in accordance with ITT 21.1;
d) Alternative Tender, if permissible, in accordance with ITT 15;
e) Authorization: written confirmation authorizing the signatory of the Tender to commit the
Tenderer, in accordance with ITT 22.3;
f) Qualifications: documentary evidence in accordance with ITT 19establishing the Tenderer's
qualifications to perform the Contract if its Tender is accepted;
g) Conformity: a technical proposal in accordance with ITT 18;
h) Any other document required in the TDS.
13.2 In addition to the requirements under ITT 11.1, 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. The Tenderer shall chronologically serialize pages of all tender documents
submitted.

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

14. Form of Tender and Schedules

14.1 The Form of Tender and Schedules, including the Bill of Quantities, shall be prepared
using the relevant forms furnished in Section IV, Tendering Forms. The forms must be completed
without any alterations to the text, and no substitutes shall be accepted except as provided
under ITT 20.3. All blank spaces shall be filled in with the information requested.

15. Alternative Tenders

15.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.

15.2 When alternative times for completion are explicitly invited, a statement to that effect
will be included in the TDS, and the method of evaluating different alternative times for
completion will be described in Section III, Evaluation and Qualification Criteria.

15.3 Except as provided under ITT 13.4 below, Tenderers wishing to offer technical
alternatives to the requirements of the Tender Documents must first price the Procuring
Entity's design as described in the Tender Documents and shall further provide all information
necessary for a complete evaluation of the alternative by the Procuring Entity, including
drawings, design calculations, technical specifications, breakdown of prices, and proposed
construction methodology and other relevant details. Only the technical alternatives, if any, of

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 10

 the Tenderer with the Winning Tender conforming to the basic technical requirements shall
be considered by the Procuring Entity. When specified in the TDS, Tenderers are permitted to
submit alternative technical solutions for specified parts of the Works, and such parts will be
identified in the TDS, as will the method for their evaluating, and described in Section VII,
Works' Requirements.

16. Tender Prices and Discounts

16.1 The prices and discounts (including any price reduction) quoted by the Tenderer in the
Form of Tender and in the Bill of Quantities shall conform to the requirements specified below.

16.2 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill
of Quantities. Items against which no rate or price is entered by the Tenderer shall be deemed
covered by the rates for other items in the Bill of Quantities and will not be paid for separately
by the Procuring Entity. An item not listed in the priced Bill of Quantities shall be assumed to
be not included in the Tender, and provided that the Tender is determined substantially
responsive notwithstanding this omission, the average price of the item quoted by substantially
responsive Tenderers will be added to the Tender price and the equivalent total cost of the
Tender so determined will be used for price comparison.

16.3 The price to be quoted in the Form of Tender, in accordance with ITT 14.1, shall be the
total price of the Tender, including any discounts offered.

16.4 The Tenderer shall quote any discounts and the methodology for their application in the
Form of Tender, in accordance with ITT 14.1.

16.5 It will be specified in the TDS if the rates and prices quoted by the Tenderer are or are
not subject to adjustment during the performance of the Contract in accordance with the
provisions of the Conditions of Contract, except in cases where the contract is subject to
fluctuations and adjustments, not fixed price. In such a case, the Tenderer shall furnish the
indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data
and the Procuring Entity may require the Tenderer to justify its proposed indices and weightings.

16.6 Where tenders are being invited for individual lots (contracts)or for any combination of
lots (packages), 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 16.4, provided the Tenders for all lots (contracts) are opened at the same time.

16.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for
any other cause, as of the date 30 days prior to the deadline for submission of Tenders, shall be
included in the rates and prices and the total Tender Price submitted by the Tenderer.

17. Currencies of Tender and Payment

17.1 Tenderers shall quote entirely in Kenya Shillings. The unit rates and the prices shall be
quoted by the Tenderer in the Bill of Quantities, entirely in Kenya shillings. A Tenderer expecting
to incur expenditures in other currencies for inputs to the Works supplied from outside Kenya
shall device own ways of getting foreign currency to meet those expenditures.

18. Documents Comprising the Technical Proposal

18.1 The Tenderer shall furnish a technical proposal including a statement of work methods,
equipment, personnel, schedule, and any other information as stipulated in Section IV, Tender
Forms, in sufficient detail to demonstrate the adequacy of the Tenderer's proposal to meet the
work's requirements and the completion time.

19. Documents Establishing the Eligibility and Qualifications of the Tenderer

19.1 Tenderers shall complete the Form of Tender, included in Section IV, Tender Forms, to
establish Tenderer's eligibility in accordance with ITT 4.
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 11
 19.2 In accordance with Section III, Evaluation and Qualification Criteria, to establish its
qualifications to perform the Contract the Tenderer shall provide the information requested in
the corresponding information sheets included in Section IV, Tender Forms.

19.3 A margin of preference will not be allowed. Preference and reservations will be allowed,
individually or in joint ventures. Applying for eligibility for Preference and reservations shall
supply all information required to satisfy the criteria for eligibility specified in accordance with
ITT 33.1.

19.4 Tenderers shall be asked to provide, as part of the data for qualification, such
information, including details of ownership, as shall be required to determine whether,
according to the classification established by the Procuring Entity, a contractor or group of
contractors qualifies for a margin of preference. Further the information will enable the
Procuring Entity identify any actual or potential conflict of interest in relation to the
procurement and/or contract management processes, or a possibility of collusion between
tenderers, and thereby help to prevent any corrupt influence in relation to the procurement
process or contract management.

19.5 The purpose of the information described in ITT 19.4 above overrides any claims to
confidentiality which a tenderer may have. There can be no circumstances in which it would
be justified for a tenderer to keep information relating to its ownership and control
confidential where it is tendering to undertake public sector work and receive public sector
funds. Thus, confidentiality will not be accepted by the Procuring Entity as a justification for a
Tenderer's failure to disclose, or failure to provide required information on its ownership and
control.

19.6 The Tenderer shall provide further documentary proof, information or authorizations
that the Procuring Entity may request in relation to ownership and control which information
on any changes to the information which was provided by the tenderer under ITT 6.3. The
obligations to require this information shall continue for the duration of the procurement
process and contract performance and after completion of the contract, if any change to the
information previously provided may reveal a conflict of interest in relation to the award or
management of the contract.

19.7 All information provided by the tenderer pursuant to these requirements must be
complete, current and accurate as at the date of provision to the Procuring Entity. In
submitting the information required pursuant to these requirements, the Tenderer shall
warrant that the information submitted is complete, current and accurate as at the date of
submission to the Procuring Entity.

19.8 If a tenderer fails to submit the information required by these requirements, its tender
will be rejected. Similarly, if the Procuring Entity is unable, after taking reasonable steps, to
verify to a reasonable degree the information submitted by a tenderer pursuant to these
requirements, then the tender will be rejected.

19.9 If information submitted by a tenderer pursuant to these requirements, or obtained by

the Procuring Entity (whether through its own enquiries, through notification by the public or
otherwise), shows any conflict of interest which could materially and improperly benefit the
tenderer in relation to the procurement or contract management process, then:

i) if the procurement process is still ongoing, the tenderer will be disqualified from the procurement
process,
ii) if the contract has been awarded to that tenderer, the contract award will be set aside,
iii) the tenderer will be referred to the relevant law enforcement authorities for investigation of
whether the tenderer or any other persons have committed any criminal offence.

19.10 If a tenderer submits information pursuant to these requirements that is incomplete,

inaccurate or out-of-date, or attempts to obstruct the verification process, then the
consequences ITT 6.7 will ensue unless the tenderer can show to the reasonable satisfaction of

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 12

 the Procuring Entity that any such act was not material, or was due to genuine error which was
not attributable to the intentional act, negligence or recklessness of the tenderer.

20. Period of Validity of Tenders

20.1 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 by the Procuring Entity in accordance with ITT 24). A Tender valid for a shorter
period shall be rejected by the Procuring Entity as non-responsive.

20.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the
Procuring Entity 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 21.1, it shall also be extended for thirty (30) days beyond the deadline of
the extended validity 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 20.3.

20.3 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.

21. Tender Security

21.1 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. A Tender-Securing Declaration shall use the
form included in Section IV, Tender Forms.

21.2 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security shall be a
demand guarantee in any of the following forms at the Tenderer's option:
a) an unconditional Bank Guarantee issued by reputable commercial bank); or
b) an irrevocable letter of credit;
c) a Banker's cheque issued by a reputable commercial bank; or
d) another security specified in the TDS,

21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the
issuing bank shall have a correspondent bank located in Kenya to make it enforceable. 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 20.2.

21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1,

any Tender not accompanied by a substantially responsive Tender Security or Tender-Securing
Declaration shall be rejected by the Procuring Entity as non-responsive.

21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of
unsuccessful Tenderers shall be returned as promptly as possible upon the successful
Tenderer's signing the Contract and furnishing the Performance Security and any other
documents required in the TDS. The Procuring Entity shall also promptly return the tender
security to the tenderers where the procurement proceedings are terminated, all tenders were
determined nonresponsive or a bidder declines to extend tender validity period.

21.6 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, and any other documents required in the TDS.
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 13
 21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
e) if a Tenderer withdraws its Tender during the period of Tender validity specified by the
Tenderer on the Form of Tender, or any extension thereto provided by the Tenderer; or
f) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 50; or
ii) furnish a Performance Security and if required in the TDS, and any other documents required in
the TDS.

21.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to
the PPRA that PPRA debars the Tenderer from participating in public procurement as provided
in the law.

21.9 The Tender Security or the Tender-Securing Declaration of a JV shall 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 the Tender-Securing
Declaration shall be in the names of all future members as named in the letter of intent
referred to in ITT 4.1 and ITT 11.2.

21.10 A tenderer shall not issue a tender security to guarantee itself.

22. Format and Signing of Tender

22.1 The Tenderer shall prepare one original of the documents comprising the Tender as
described in ITT 13 and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in
accordance with ITT 15, 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.

22.2 Tenderers shall mark as “CONFIDENTIAL” all information in their Tenders which is
confidential to their business. This may include proprietary information, trade secrets, or
commercial or financially sensitive information.

22.3 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.

22.4 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 to be legally binding on all the members as evidenced by a
power of attorney signed by their legally authorized representatives.

22.5 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

23. Sealing and Marking of Tenders

23.1 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 the Procuring Entity 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
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 14
c) if alternative Tenders are permitted in accordance with ITT 15, 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.

The inner envelopes or packages or containers shall:

a) bear the name and address of the Procuring Entity.
b) bear the name and address of the Tenderer; and
c) bear the name and Reference number of the Tender.

23.2 If an envelope or package or container is not sealed and marked as required, the Procuring
Entity will assume no responsibility for the misplacement or premature opening of the Tender.
Tenders that are misplaced or opened prematurely will not be accepted.

24. Deadline for Submission of Tenders

24.1 Tenders must be received by the Procuring Entity at the address specified in the TDS and
no later than the date and time also 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.

24.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of
Tenders by amending the Tender Documents in accordance with ITT 8, in which case all rights
and obligations of the Procuring Entity and Tenderers previously subject to the deadline shall
thereafter be subject to the deadline as extended.

25. Late Tenders

25.1 The Procuring Entity shall not consider any Tender that arrives after the deadline for
submission of tenders, in accordance with ITT 24. Any Tender received by the Procuring Entity
after the deadline for submission of Tenders shall be declared late, rejected, and returned
unopened to the Tenderer.

26. Withdrawal, Substitution, and Modification of Tenders

26.1 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 in accordance with ITT 22.3, (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 22 and ITT 23 (except that withdrawals notices
do not require copies), and in addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
b) received by the Procuring Entity prior to the deadline prescribed for submission of Tenders, in
accordance with ITT 24.

26.2 Tenders requested to be withdrawn in accordance with ITT 26.1 shall be returned
unopened to the Tenderers.

26.3 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.

27. Tender Opening

27.1 Except in the cases specified in ITT 23 and ITT 26.2, the Procuring Entity shall 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 chooses to attend. Any
specific electronic Tender opening procedures required if electronic Tendering is permitted in
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 15
 accordance with ITT 24.1, shall be as specified in the TDS.

27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the
envelopes with the corresponding Tender shall not be opened, but returned to the Tenderer.
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.

27.3 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.

27.4 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.

27.5 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 Price, per lot (contract) if
applicable, including any discounts and alternative Tenders; the presence or absence of a
Tender Security or Tender-Securing Declaration, if required; and any other details as the
Procuring Entity may consider appropriate.

27.6 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 the Procuring Entity to sign shall be specified in the
TDS.

27.7 At the Tender Opening, the Procuring Entity shall neither discuss the merits of any
Tender nor reject any Tender (except for late Tenders, in accordance with ITT 25.1).

27.8 The Procuring Entity shall prepare minutes 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, if one was required.
e) number of pages of each tender document submitted.

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

E. Evaluation and Comparison of Tenders

28. Confidentiality

28.1 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 Tender process until information on Intention to Award the Contract is transmitted to all
Tenderers in accordance with ITT 46.

28.2 Any effort by a Tenderer to influence the Procuring Entity in the evaluation of the
Tenders or Contract award decisions may result in the rejection of its tender.

28.3 Notwithstanding ITT 28.2, from the time of tender opening to the time of contract
award, if a tenderer wishes to contact the Procuring Entity on any matter related to the
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 16
 tendering process, it shall do so in writing.

29. Clarification of Tenders

29.1 To assist in the examination, evaluation, and comparison of the tenders, and
qualification of the tenderers, the Procuring Entity may, at its discretion, ask any tenderer for a
clarification of its tender, given a reasonable time for a response. Any clarification submitted
by a tenderer that is not in response to a request by the Procuring Entity shall not be
considered. The Procuring Entity'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 the Procuring Entity in the evaluation of the tenders, in accordance with
ITT 33.

29.2 If a tenderer does not provide clarifications of its tender by the date and time set in the
Procuring Entity's request for clarification, its Tender may be rejected.

30. Deviations, Reservations, and Omissions

30.1 During the evaluation of tenders, the following definitions apply:

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

31. Determination of Responsiveness

31.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the

contents of the tender itself, as defined in ITT 13.

31.2 A substantially responsive Tender is one that meets the requirements of the Tender
document without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that, if accepted, would:
a) affect in any substantial way the scope, quality, or performance of the Works specified in the
Contract; or
b) limit in any substantial way, inconsistent with the tender document, the Procuring Entity's
rights or the tenderer's obligations under the proposed contract; or
c) if rectified, would unfairly affect the competitive position of other tenderers presenting
substantially responsive tenders.

31.3 The Procuring Entity shall examine the technical aspects of the tender submitted in
accordance with ITT 18, to confirm that all requirements of Section VII, Works' Requirements
have been met without any material deviation, reservation or omission.

31.4 If a tender is not substantially responsive to the requirements of the tender document, it
shall be rejected by the Procuring Entity and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.

32. Non-material Non-conformities

32.1 Provided that a tender is substantially responsive, the Procuring Entity may waive any
non-conformities in the tender.

32.2 Provided that a Tender is substantially responsive, the Procuring Entity may request that
the tenderer submit the necessary information or documentation, within a reasonable period,
to rectify nonmaterial non-conformities in the tender related to documentation requirements.
Requesting information or documentation on such non- conformities shall not be related to
any aspect of the price of the tender. Failure of the tenderer to comply with the request may

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 17

 result in the rejection of its tender.

32.3 Provided that a tender is substantially responsive, the Procuring Entity 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.

33. Arithmetical Errors

33.1 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.

33.2 Provided that the Tender is substantially responsive, the Procuring Entity 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, and
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

33.3 Tenderers shall be notified of any error detected in their bid during the notification of a
ward.

34. Currency provisions

34.1 Tenders will priced be in Kenya Shillings only. Tenderers quoting in currencies other than
in Kenya shillings will be determined non-responsive and rejected.

35. Margin of Preference and Reservations

35.1 No margin of preference shall be allowed on contracts for small works.

35.2 Where it is intended to reserve the contract to specific groups under Small and Medium
Enterprises, or enterprise of women, Womenand/or persons living with disability, 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/firms
belonging to those specified groups are the only ones eligible to tender. Otherwise, if no so stated,
the invitation will be open to all tenderers.

36. Nominated Subcontractors

36.1 Unless otherwise stated in the TDS, the Procuring Entity does not intend to execute any
specific elements of the Works by subcontractors selected in advance by the Procuring Entity.

36.2 Tenderers may propose subcontracting up to the percentage of total value of contracts or
the volume of works as specified in the TDS. Subcontractors proposed by the Tenderer shall be
fully qualified for their parts of the Works.

36.3 The subcontractor's qualifications shall not be used by the Tenderer to qualify for the
Works unless their specialized parts of the Works were previously designated by the Procuring
Entity in the TDS as can be met by subcontractors referred to hereafter as 'Specialized
Subcontractors', in which case, the qualifications of the Specialized Subcontractors proposed by
the Tenderer may be added to the qualifications of the Tenderer.

37. Evaluation of Tenders

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 18

 37.1 The Procuring Entity 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 the Procuring Entity shall determine the
Best Evaluated Tender in accordance with ITT 40.

37.2 To evaluate a Tender, the Procuring Entity shall consider the following:
a) price adjustment due to discounts offered in accordance with ITT 16;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency in accordance with ITT 39;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT 30.3;
and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.

37.3 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.

37.4 In the case of multiple contracts or lots, Tenderers shall be allowed to tender for one or
more lots and the methodology to determine the lowest evaluated cost of the lot (contract)
combinations, including any discounts offered in the Form of Tender, is specified in Section III,
Evaluation and Qualification Criteria.
38. Comparison of Tenders

38.1 The Procuring Entity shall compare the evaluated costs of all substantially responsive
Tenders established in accordance with ITT 38.2 to determine the Tender that has the lowest
evaluated cost.

39. Abnormally Low Tenders

39.1 An Abnormally Low Tender is one where the Tender price, in combination with other
elements of the Tender, appears so low that it raises material concerns as to the capability of
the Tenderer in regards to the Tenderer's ability to perform the Contract for the offered Tender
Price or that genuine competition between Tenderers is compromised.

39.2 In the event of identification of a potentially Abnormally Low Tender, the Procuring
Entity shall seek written clarifications from the Tenderer, including detailed price analyses of
its Tender price in relation to the subject matter of the contract, scope, proposed methodology,
schedule, allocation of risks and responsibilities and any other requirements of the Tender
document.

39.3 After evaluation of the price analyses, in the event that the Procuring Entity determines
that the Tenderer has failed to demonstrate its capability to perform the Contract for the
offered Tender Price, the Procuring Entity shall reject the Tender.

40. Abnormally High Tenders

40.1 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 the
Procuring Entity is concerned that it (the Procuring Entity) 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.

40.2 In case of an abnormally high tender price, the Procuring Entity 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. The Procuring Entity may also seek written
clarification from the tenderer on the reason for the high tender price. The Procuring Entity
shall proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract, the
Procuring Entity may accept or not accept the tender depending on the Procuring Entity's budget

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 19

 considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the abnormally
high tender prices, the Procuring Entity 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.

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

41. Unbalanced and/or Front-Loaded Tenders

41.1 If in the Procuring Entity's opinion, the Tender that is evaluated as the lowest evaluated
price is seriously unbalanced and/or front loaded, the Procuring Entity may require the
Tenderer to provide written clarifications. Clarifications may include detailed price analyses to
demonstrate the consistency of the tender prices with the scope of works, proposed
methodology, schedule and any other requirements of the Tender document.

41.2 After the evaluation of the information and detailed price analyses presented by the
Tenderer, the Procuring Entity may as appropriate:
a) accept the Tender; or
b) require that the total amount of the Performance Security be increased at the expense of the
Tenderer to a level not exceeding a 30% of the Contract Price; or
c) agree on a payment mode that eliminates the inherent risk of the Procuring Entity paying too
much for undelivered works; or
d) reject the Tender,
42. Qualifications of the Tenderer

42.1 The Procuring Entity 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.

42.2 The determination shall be based upon an examination of the documentary evidence of
the Tenderer's qualifications submitted by the Tenderer, pursuant to ITT 19. The determination
shall not take into consideration the qualifications of other firms such as the Tenderer's
subsidiaries, parent entities, affiliates, subcontractors (other than Specialized Subcontractors if
permitted in the Tender document), or any other firm(s) different from the Tenderer.

42.3 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 the Procuring Entity shall proceed to the Tenderer who offers a substantially responsive
Tender with the next lowest evaluated price to make a similar determination of that Tenderer's
qualifications to perform satisfactorily.

42.4 An Abnormally Low Tender is one where the Tender price, in combination with other
elements of the Tender, appears so low that it raises material concerns as to the capability of
the Tenderer in regard to the Tenderer's ability to perform the Contract for the offered Tender
Price.

42.5 In the event of identification of a potentially Abnormally Low Tender, the Procuring
Entity shall seek written clarifications from the Tenderer, including detailed price analyses of
its Tender price in relation to the subject matter of the contract, scope, proposed methodology,
schedule, allocation of risks and responsibilities and any other requirements of the Tender
document.

42.6 After evaluation of the price analyses, if the Procuring Entity determines that the
Tenderer has failed to demonstrate its capability to perform the Contract for the offered
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 20
 Tender Price, the Procuring Entity shall reject the Tender.

43. Best Evaluated Tender

43.1 Having compared the evaluated prices of Tenders, the Procuring Entity shall determine
the Best Evaluated Tender. The Best 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.

44. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders.

44.1 The Procuring Entity reserves the right to accept or reject any Tender and to annul the
Tender process and reject all Tenders at any time prior to Contract 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

45. Award Criteria

45.1 The Procuring Entity shall award the Contract to the successful tenderer whose tender has
been determined to be the Lowest Evaluated Tender.

46. Notice of Intention to enter into a Contract

46.1 Upon award of the contract and Prior to the expiry of the Tender Validity Period the
Procuring Entity 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;

47. Standstill Period

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

47.2 Where a Standstill Period applies, it shall commence when the Procuring Entity has
transmitted to each Tenderer the Notification of Intention to Enter into a Contract with the
successful Tenderer.

48. Debriefing by the Procuring Entity

48.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract
referred to in ITT 46, an unsuccessful tenderer may make a written request to the Procuring
Entity for a debriefing on specific issues or concerns regarding their tender. The Procuring
Entity shall provide the debriefing within five days of receipt of the request.

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 21

49. Letter of Award

49.1 Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period
specified in ITT 42.1, upon addressing a complaint that has been filed within the Standstill
Period, the Procuring Entity 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.

50. Signing of Contract

50.1 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, the Procuring
Entity shall send the successful Tenderer the Contract Agreement.

50.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer
shall sign, date, and return it to the Procuring Entity.

50.3 The written contract shall be entered into within the period specified in the notification
of award and before expiry of the tender validity period

51. Appointment of Adjudicator

51.1 The Procuring Entity proposes the person named in the TDS to be appointed as Adjudicator
under the Contract, at the hourly fee specified in the TDS, plus reimbursable expenses. If the
Tenderer disagrees with this proposal, the Tenderer should so state in his Tender. If, in the Letter
of Acceptance, the Procuring Entity does not agree on the appointment of the Adjudicator, the
Procuring Entity will request the Appointing Authority designated in the Special Conditions of
Contract (SCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint
the Adjudicator.

52. Performance Security

52.1 Within twenty-one (21) days of the receipt of the Letter of Acceptance from the Procuring
Entity, the successful Tenderer shall furnish the Performance Security and, any other
documents required in the TDS, in accordance with the General Conditions of Contract,
subject to ITT 40.2 (b), using the Performance Security and other Forms included in Section X,
Contract Forms, or another form acceptable to the Procuring Entity. A foreign institution
providing a bank guarantee shall have a correspondent financial institution located in Kenya,
unless the Procuring Entity has agreed in writing that a correspondent bank is not required.

52.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security
and other documents required in the TDS, or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the Tender Security. In that event
the Procuring Entity may award the Contract to the Tenderer offering the next Best Evaluated
Tender.

52.3 Performance security shall not be required for contracts estimated to cost less than
Kenya shillings five million shillings.

53. Publication of Procurement Contract

53.1 Within fourteen days after signing the contract, the Procuring Entity shall publish the
awarded contract at its notice boards and websites; and on the Website of the Authority. At the
minimum, the notice shall contain the following information:
a) name and address of the Procuring Entity;
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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 22

 opening.

54. Procurement Related Complaints and Administrative Review

54.1 The procedures for making Procurement-related Complaints are as specified in the TDS.

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 23

 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 is: KGN-TURK-009-2024

The Procuring Entity is Kenya Electricity Generating Company PLC

The name of the Contract is: TENDER FOR REHABILITATION OF INTERNAL ROADS
AT TURKWEL POWER STATION.
ITT 2.1(a) Electronic –Procurement System

Internet Explorer and Firefox Mozilla are the Preferred web browsers.

• For suppliers registering for the first time using the link
https://supplierregistration.kengen.co.ke:4302/slc_selfreg(bD1lbiZjPTMwMCZ
kPW1pbg==)/bspwdapplication.do#VIEW_ANCHOR-ROS_TOP ensure the
“Public Tender” checkbox is ticked so that the login details are sent to suppliers
automatically.

• It is a mandatory requirement all Documents MUST be uploaded to the

SRM System through the link
https://eprocurement.kengen.co.ke:50001/irj/portal found on
www.kengen.co.ke.

After clicking on the Event Number, then click on Register (for Open tenders),
then click on ‘Create Response’, bidders to click on ‘Technical RFx Response’ tab
to access the cfolder page to upload your document.

Instructions to Bidders: Caution on Uploading Bid Documents

a. Preferred Submission Method: Bidders are advised to use the C-Folder for
submitting their tenders. This platform is specifically designed to handle
bulky technical bid documents of up to 99MB per file.

b.Exceeding File Size Limit: In the event that the bid response exceeds the 99MB
limit: -
i. Bidders should try to compress the pdf file first to file size less than 99MB and
if compressing doesn’t reduce the file size consider option (ii) below.
ii. Split the documents into two or more separate files before submission. This
ensures the integrity of the tendering process and accurate evaluation of all
necessary information.
c. Bids uploaded on Notes and Attachments" Tab may have a transmission
failure and the bid may not be successfully received through the system and
KenGen will not be held accountable for failure to transmit on eProcurement
portal.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 24

ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
d. Assistance and Inquiries: For any questions or further assistance, bidders
are encouraged to reach out to the team at least 24 hours before
submission deadline through [email protected]; or
[email protected]; or visit our offices through the Karibu Centre.

• Prices MUST be entered under item tab of the RFx and MUST be similar
to the prices in the price Schedule.

• Bidders should confirm on the supplier portal that the status of their
RFx response shows “Submitted” and not “Saved” to ensure their RFx
response is submitted.

• Bidders who have submitted their bids should not click on WITHDRAW
but click on EDIT to amend their bid response with appropriate
changes if they desire to do so.

• Manuals to guide on the bidding process are accessible via the KenGen
Tenders Portal.

Eligibility
This tender is open to Youth Enterprises.
eligibility and qualifications
Proof of eligibility, qualification documents of evidence (see evaluation
criteria).
ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be maximum 3.
No firm can participate in more than one JV for purposes of this tender. The JV
Must be of the same Youth AGPO Group.
B. Contents of Tender Document
8.1 There shall be a Mandatory Site Visit on 20th June, 2024 at Turkwel Power Station
starting at 10.00 a.m.

ITT 8.2 The Tenderer will submit any questions in writing, to reach the Procuring Entity not
later than 7 days before the closing date

Web page: www.kengen.co.ke

ITT 8.4 The Procuring Entity’s website where Minutes of the pre-Tender meeting and the
pre-arranged pretender site visit will be published is www.kengen.co.ke

ITT 9.1 For Clarification of Tender purposes, for obtaining further information and for
purchasing tender documents, the Procuring Entity’s address is:

General Manager Supply Chain

Kenya Electricity Generating Company PLC
Stima Plaza Phase III, Kolobot Road, Parklands
P.O. BOX 47936-00100
9th Floor

[email protected]; [email protected]; [email protected]

[email protected]; [email protected]; [email protected]

Requests for clarification should be received by the Procuring Entity no later than 7
days before tender closing date. Web page: [www.kengen.co.ke].
C. Preparation of Tenders

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 25

ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
ITP 13.1 The Tenderer shall submit the following additional documents in its Tender: N/a
(h)
ITT 15.2 Alternative times for completion shall not be permitted.
ITT 15.4 Alternative technical solutions shall be permitted for the following parts of the
Works: __N/A____________________________
ITT 16.5 The prices quoted by the Tenderer shall not be subject to adjustment during the
performance of the Contract.
ITT 20.1 The Tender validity period shall be 126 days from the tender closing date.
ITT 21.1 A Tender Security shall not be required.
A Tender-Securing Declaration shall be required.
The tenderer will be required to complete a Duly filled, signed and stamped Tender
Securing Declaration form attached in the standard forms of the tender document
ITT 21.5 The Procuring Entity shall also promptly return the tender security to the
tenderers where the procurement proceedings are terminated, all tenders
were determined nonresponsive, or a bidder declines to extend tender
validity period. N/A
ITT 22.3 The written confirmation of authorization to sign on behalf of the Tenderer shall
consist of a Power of Attorney

D. Submission and Opening of Tenders

ITT 24.1 SUBMISSION OF TENDERS:
Electronic –Procurement System
The Procuring Entity shall use the following electronic-procurement system to
manage this Tendering process via
[www.kengen.co.ke (https://eprocurement.kengen.co.ke:50001/irj/portal]

Internet Explorer and Firefox Mozilla are the Preferred web browsers.
• For suppliers registering for the first time using the link
https://supplierregistration.kengen.co.ke:4302/slc_selfreg(bD1lbiZjPTMwMC
ZkPW1pbg==)/bspwdapplication.do#VIEW_ANCHOR-ROS_TOP ensure the
“Public Tender” checkbox is ticked so that the login details are sent to suppliers
automatically.

• It is a mandatory requirement all Documents MUST be uploaded to the

SRM System through the link
https://eprocurement.kengen.co.ke:50001/irj/portal found on
www.kengen.co.ke.

After clicking on the Event Number, then click on Register (for Open tenders),
then click on ‘Create Response’, bidders to click on ‘Technical RFx Response’ tab
to access the cfolder page to upload your document.

Instructions to Bidders: Caution on Uploading Bid Documents

a. Preferred Submission Method: Bidders are advised to use the C-Folder for
submitting their tenders. This platform is specifically designed to handle bulky
technical bid documents of up to 99MB per file.

b. Exceeding File Size Limit: In the event that the bid response exceeds the
99MB limit: -
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 26
ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference

i. Bidders should try to compress the pdf file first to file size less than 99MB and
if compressing doesn’t reduce the file size consider option (ii) below.

ii. Split the documents into two or more separate files before submission. This
ensures the integrity of the tendering process and accurate evaluation of all
necessary information.

c. Bids uploaded on “Notes and Attachments Tab” may have a transmission

failure and the bid may not be successfully received through the system and
KenGen will not be held accountable for failure to transmit on eProcurement
portal.
d. Assistance and Inquiries: For any questions or further assistance, bidders are
encouraged to reach out to the team at least 24 hours before submission
deadline through [email protected] ; or [email protected] ; or
visit our offices through the Karibu Centre.

• Prices MUST be entered under item tab of the RFx and MUST be similar to
the prices in the price/BoQ Schedule.

• Bidders should confirm on the supplier portal that the status of their RFx
response shows “Submitted” and not “Saved” to ensure their RFx response is
submitted.

• Bidders who have submitted their bids should not click on WITHDRAW
but click on EDIT to amend their bid response with appropriate changes if they
desire to do so.
• Manuals to guide on the bidding process are accessible via the KenGen
Tenders Portal.
Bidders to note that system challenges/support related to bid submission issues
shall be addressed to [email protected] tender closing date and time.

Tender submission date and time

Date: 27th June, 2024

Time: 10.00 a.m.

ITT 27.1 The Tender opening shall take place at:
Kenya Electricity Generating Company PLC,
6th Floor, KenGen Pension Plaza II,
Kolobot Road, Parklands,
P.O. Box 47936, 00100
NAIROBI.

Date and time: 27th June, 2024 at 10.30 a.m.

•Where bidders or their representatives choose to attend the bid opening, KenGen
shall limit the persons to a maximum of 5 people, whom shall be nominated by the
bidders present for the opening session.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 27

ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
•Screening and registration of all attendees shall take place in all sessions.
•Failure to attend the bid opening shall not invalidate the process.
Bidders can request for the tender opening minutes of the tender opening session
through the following email address [email protected]
E. Evaluation, and Comparison of Tenders
ITT 33.1 Arithmetical Errors: There shall be no correction of errors,
ITT 35.2 The invitation to tender is extended to the following groups that qualify for
Reservations: Youth Enterprises

ITT 37.2 Additional requirements apply. These are detailed in the evaluation criteria in
(d) Section III, Evaluation and Qualification Criteria.
ITT 52.3 Performance security shall be 1% of the contract price, for contracts estimated to
cost more than Kenya shillings five million shillings.
ITT 54.1 The procedures for making a Procurement-related Complaints are detailed in the
“Regulations” available from the PPRA Website www.ppra.go.ke or email
[email protected]

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 28

 SECTION III - EVALUATION AND QUALIFICATION CRITERIA

1. General Provisions

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 construction turnover or financial data required for each year - Exchange rate prevailing on the
last day of the respective calendar year (in which the amount 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.

This section contains the criteria that the Employer shall use to evaluate tender and qualify
tenderers. No other factors, methods or criteria shall be used other than 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 Document for
Goods and Works for evaluating Tenders.

REGISTRATION AND BIDDING PROCESS

1. For suppliers registering for the first time using the link
https://supplierregistration.kengen.co.ke:4302/slc_selfreg(bD1lbiZjPTMwMCZkP
W1pbg==)/bspwdapplication.do#VIEW_ANCHOR-ROS_TOP ensure the “Public
Tender” checkbox is ticked so that the login details are sent to suppliers
automatically.

2. It is a mandatory requirement all Documents MUST be uploaded to the SRM System

through the link https://eprocurement.kengen.co.ke:50001/irj/ portal found on
www.kengen.co.ke.

• Prices MUST be entered under item tab of the RFx and MUST be similar to the prices
in the price/BoQ Schedule.

After clicking on the Event Number, then click on Register (for Open tenders), then click on ‘Create
Response’, bidders to click on ‘Technical RFx Response’ tab to access the cfolder page to upload your
document.

Instructions to Bidders: Caution on Uploading Bid Documents

a. Preferred Submission Method: Bidders are advised to use the C-Folder for submitting their tenders.
This platform is specifically designed to handle bulky technical bid documents of up to 99MB per
file.

b. Exceeding File Size Limit: In the event that the bid response exceeds the 99MB limit: -

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 29

 i. Bidders should try to compress the pdf file first to file size less than 99MB and if compressing
doesn’t reduce the file size consider option (ii) below.

ii. Split the documents into two or more separate files before submission. This ensures the integrity of
the tendering process and accurate evaluation of all necessary information.

c. Bids uploaded on “Notes and Attachments Tab” may have a transmission failure and the bid may
not be successfully received through the system and KenGen will not be held accountable for failure
to transmit on eProcurement portal.

d. Assistance and Inquiries: For any questions or further assistance, bidders are encouraged to reach
out to the team at least 24 hours before submission deadline through [email protected] ;
or [email protected] ; or visit our offices through the Karibu Centre.

• Bidders should confirm on the supplier portal that the status of their RFx response shows
“Submitted” and not “Saved” to ensure their RFx response is submitted.

• Bidders who have submitted their bids should not click on WITHDRAW but click on
EDIT to amend their bid response with appropriate changes if they desire to do so.
• Manuals to guide on the bidding process are accessible via the KenGen Tenders Portal.

• Bidders to note that system challenges/support related to bid submission issues shall be
addressed to [email protected] tender closing date and time.

Evaluation and Contract Award Criteria

The Procuring Entity shall use the criteria and methodologies listed in this Section to evaluate tenders
and arrive at the Lowest Evaluated Tender. The tender that (i) meets the qualification criteria, (ii) has
been determined to be substantially responsive to the Tender Documents, and (iii) is determined to
have the Lowest Evaluated Tender price shall be selected for award of contract.

2. 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 requirements in the ITT, and that the tender is complete in all aspects in
meeting the requirements of “Part 2 – Procuring Entity's Works Requirements”, including checking
for tenders with unacceptable errors, abnormally low tenders, abnormally high tenders and tenders
that are front loaded. 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 irresponsive and will not be
considered further.
STAGE 1: MANDATORY REQUIREMENTS
The following mandatory requirements must be met not withstanding other requirements in the
tender document:

No MANDATORY REQUIREMENTS

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 30

MR 1 Valid copy of Registration Certificate /Certificate of Incorporation.
MR 2 Valid copy of the business permit.
MR 3 Valid tax compliance/ exemption certificate(s)/PIN Certificate
MR 4 Copy of a valid CR 12 issued within 6 months of tender closure (where applicable)/Not
Applicable to sole Proprietors, but attach copy of ID.
MR 5 Duly filled, signed & stamped Tenderer's Eligibility; Confidential Business Questionnaire
MR 6 Duly filled and signed and stamped tender form.
MR 7 Duly filled and signed and stamped price schedule.
MR 8 Dully filled and stamped Addendum(s) and Clarification(s) issued must be attached (Where
Applicable).
MR 9 The Tender MUST be submitted in the required format and serialized on each page of the bid
submitted, Sec.74.1.i. of the PPADA, 2015.
MR 10 The tender has been dully signed by the person lawfully authorized to do so through the power of
Attorney.
MR 11 Tender documents Must be submitted through our e-procurement platform found at
www.kengen.co.ke (https://eprocurement.kengen.co.ke:50001/irj/portal as indicated in
Tender Data Sheet (TDS)
MR 12 Site Visit Clearance Certificate confirming the tenderer is conversant with the nature of
work
MR 13 Duly filled signed and stamped Self Declaration form that the tenderer is not debarred in the
matter of PPADA 2015.
MR 14 Duly filled signed and stamped Self Declaration form that the tenderer will not engage in any
corrupt or Fraudulent Practice.
MR 15 Valid & current AGPO certificate for Youth
MR16 Duly filled and signed Tenderer Information Form
MR 17 Valid NCA (5) Certificate and above for civil Engineering
MR 18 Valid certificate NCA7 and above for civil works
MR 19 Duly filled, signed and stamped Declaration and Commitment to The Code of Ethics
MR 20 Duly filled and signed Certificate of Independent Tender Determination
MR 21 Tender security not Required for this tender However, the tenderer will be required to
complete a Duly filled, signed and stamped Tender Securing Declaration form
attached in the standard forms of the tender document.
MR 22 Those who do not have a capacity can enter into a Joint venture. (where Applicable)

▪ In case of JV, Joint venture Agreement MUST be Dully filled, signed and stamped.

▪ The Maximum number of Members in the JV should be Three (3).

▪ Duly filled Tenderer’s JV Members Information Form.

▪ Note; in case of Joint Venture (where Applicable) Mandatory requirements, MR 1, MR

2, MR 3, MR 4, MR 5 and MR 15 Shall be applicable to all members in the Joint Venture
(JV). The rest of the MRS must be provided by lead party.

▪ In of a case of a Joint Venture, the members must provide a notarized power of attorney,
nominating one member who will be authorized to act their behalf. The nominated
member will have the authority to exercise all rights and fulfill all obligations related to
the Contract with the Procuring Entity. This includes without limitation, receiving
instructions and handling payments from the Procuring Entity.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 31

 1.1. Evaluation of Technical aspects of the Tender

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
STAGE 2. TECHNICAL EVALUATION ON CAPACITY TO DELIVER THE CONTRACT

Technical evaluation shall be carried out only if the tender is determined to be responsive to
the preliminary examination.

Bidder must demonstrate conformance to all the technical specifications and requirements as per
section V of the tender document.
The Technical Evaluation will also be based on compliance with the technical specifications set out
in Section V of this tender document.

TECHNICAL THE TECHNICAL REQUIREMENTS FOR THE BIDDERS. Bidders Response

SPECIFICATION Yes or No
Experience in Project manager with degree in Civil Engineering related
Operation with 12 years relevant experience and above
A Site Agent with a minimum of eight (8) years specific
experience in works or works of an equivalent nature and
volume, with a minimum of Degree/ Higher National
Diploma in Civil Engineering.

Financial The Contractor is required to provide a valid financing

statements tender-specific commitment letter (i.e. through a line of
credit or letter of access to credit facility issued by a
recognized financial institution in KENYA) including Banks,
SACCOs and/or Youth Enterprise fund demonstrating
willingness to finance the tenderer at least 20% of
Tenderer’s Tender Price. The Tender-specific commitment
letter MUST be current and issued within the last one
month of tender closing date and addressed to the
procuring entity. The procuring entity shall establish
authenticity of the provided document with the issuing
institution.

Site Surveyor One (1) Site Surveyor each with a minimum of Three (3)
years specific experience in works or works of an
equivalent nature and volume, with a minimum of
Ordinary Diploma in surveying or equivalent from a
recognized institution.
Evidence of CVs should be presented in the prescribed Manner Providing
Qualifications Copies of Certificates with IDs for Relevant Employees

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 32

Machinery & • At least one (1) No. Truck
Equipment (major
items of • At least two (2) No. Tipper trucks
construction plant
• At least One (1) No. Pick-up vehicle
and equipment
(either ownership • Excavator or backhoe
or lease or hire or
joint venture • 12 Ton vibrating roller/tandem.
arrangement)
• Pneumatic roller.

• Marine Paver

• Concrete drum mixer

Work program • Portable
A realistic Program
vibratedofconcrete
Works porker
providing specific and
achievable milestones with durations Adhering to timelines
• above
given At least
for one
the set of Survey
delivery periodleveling
for the instrument eg
project until
dumpy level or total station full set
Completion
Methodology Adequate and Realistic Method statement for the entire
• Insurance cover for equipment
process of works, clearly demonstrating consistency of
quality assurance and operational.
Safety & Heathy Contractor’s
If OwnershipHealth, Safety
- Proof control, and
by Providing Quality
Copies Plan
of Logbooks or
Policy including a Job safety
receipts, letters Analysis to be provided or a firm
of insurance
commitment for inspection at any time.
Environmental Contractor’s Environmental policy & mitigation measures in
Policy place.
If lease/Hire – Proof by Providing Copies of Agreements for
the same
STAGE 3. FINANCIAL EVALUATION

Financial evaluation shall involve checking completeness of financial bids

➢ Presence of a duly filled signed and stamped tender form and price schedule.
➢ Award shall be based on the lowest evaluated compliant Bidder.
➢ All prices must be inclusive of all the applicable taxes.
➢ Tender sum as submitted and read out during tender opening is absolute and final and shall
not be subject to correction, adjustment or amendment major deviation shall result in
disqualification.

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 (ref Section 74(2) of Public Procurement and
Asset Disposal Regulations 2020)

STAGE 4. DUE DILLIGENCE

KenGen shall prior to award of the tender determine to its satisfaction whether the selected bids will
qualify to perform the contract satisfactorily by carrying out a due diligence visit as required

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 33

 3. QUALIFICATION FORM SUMMARY

1 2 3 4 5
Item Qualification Subject Qualification Requirement Document To be Completed For Procuring Entity’s
No. by Tenderer Use (Qualification met
or Not Met)
1 Nationality Nationality in accordance with ITT 3.6 Forms ELI – 1.1 and 1.2,
with attachments
2 Tax Obligations for Has produced a current tax clearance certificate or Form of Tender
Kenyan Tenderers tax exemption certificate issued by the the Kenya
Revenue Authority in accordance with ITT 3.14.
3 Conflict of Interest No conflicts of interest in accordance with ITT 3.3 Form of Tender
4 PPRA Eligibility Not having been declared ineligible by the PPRA as Form of Tender
described in ITT 3.8
5 State- owned Meets conditions of ITT 3.7 Forms ELI – 1.1 and 1.2,
Enterprise with attachments
6 Goods, equipment and To have their origin in any country that is not Forms ELI – 1.1 and 1.2,
services to be supplied determined ineligible under ITT 4.1 with attachments
under the contract
7 History of Non- Non-performance of a contract did not occur as a Form CON-2
Performing Contracts result of contractor default since 1st January […….].
8 Suspension Based on Not under suspension based on-execution of a Form of Tender
Execution of Tender/Proposal Securing Declaration pursuant to
Tender/Proposal ITT 19.9
Securing Declaration
by the Procuring Entity
9 Pending Litigation Tender’s financial position and prospective long-term Form CON – 2
profitability still sound according to criteria
established in 3.1 and assuming that all pending
litigation will NOT be resolved against the Tenderer.
10 Litigation History No consistent history of court/arbitral award Form CON – 2
decisions against the Tenderer since 1st January
[2018]
11 Financial Capabilities (i) The Tenderer shall demonstrate that it has access Form FIN – 3.1, with
to, or has available, liquid assets, unencumbered real attachments
assets, lines of credit, and other financial means
(independent of any contractual advance payment)
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 34
1 2 3 4 5
Item Qualification Subject Qualification Requirement Document To be Completed For Procuring Entity’s
No. by Tenderer Use (Qualification met
or Not Met)
sufficient to meet the construction cash flow
requirements estimated as Kenya Shillings [insert
amount] equivalent for the subject contract(s) net of
the Tenderer’s other commitments.

(ii) The Tenderers shall also demonstrate, to the

satisfaction of the Procuring Entity, that it has
adequate sources of finance to meet the cash flow
requirements on works currently in progress and for
future contract commitments.

(iii) The audited balance sheets or, if not required by

the laws of the Tenderer’s country, other financial
statements acceptable to the Procuring Entity, for the
last [insert number of years] years shall be submitted
and must demonstrate the current soundness of the
Tenderer’s financial position and indicate its
prospective long-term profitability.
12 Average Annual Minimum average annual construction turnover of Form FIN – 3.2
Construction Turnover Kenya Shillings [50,000,000], equivalent calculated
as total certified payments received for contracts in
progress and/or completed within the last [5 year]
years, divided by [insert number of years] years
13 General Construction Experience under construction contracts in the role of 4. Form EXP – 4.1
Experience prime contractor, JV member, sub-contractor, or Experience
management contractor for at least the last [5 years]
years, starting 1st January [insert 2018].
Specific Construction & A minimum number of [state the number] similar Form EXP 4.2(a)
Contract Management contracts specified below that have been satisfactorily
Experience and substantially completed as a prime contractor,
joint venture member, management contractor or
sub-contractor between 1st January [insert year] and
tender submission deadline i.e. …. (number)
contracts, each of minimum value Kenya
shillings…………... equivalent.
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 35
1 2 3 4 5
Item Qualification Subject Qualification Requirement Document To be Completed For Procuring Entity’s
No. by Tenderer Use (Qualification met
or Not Met)
[In case the Works are to be tender as individual
contracts under multiple contract procedure, the
minimum number of contracts required for purposes
of evaluating qualification shall be selected from the
options mentioned in ITT 35.4]

The similarity of the contracts shall be based on the

following: [Based on Section VII, Scope of Works,
specify the minimum key requirements in terms of
physical size, complexity, construction method,
technology and/or other characteristics including
part of the requirements that may be met by
specialized subcontractors, if permitted in accordance
with ITT 34.3]

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 36

QUALIFICATION FORMS

1. FORM EQU: EQUIPMENT

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section III, Evaluation and Qualification Criteria.
A separate Form shall be prepared for each item of equipment listed, or for alternative equipment
proposed by the Tenderer.

Item of equipment

Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture

Current Current location

status
Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Tenderer.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 37

2. FORM PER -1

Contractor's Representative and Key Personnel Schedule

Tenderers should provide the names and details of the suitably qualified Contractor's Representative and
Key Personnel to perform the Contract. The data on their experience should be supplied using the
Form PER-2 below for each candidate.

Contractor' Representative and Key Personnel

1. Title of position: Contractor’s Representative

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]
Time commitment: for [insert the number of days/week/months/ that has been scheduled for
this position: this position]
Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:
2. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]
Time commitment: for [insert the number of days/week/months/ that has been scheduled for
this position: this position]
Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:
3. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]
Time commitment: for [insert the number of days/week/months/ that has been scheduled for
this position: this position]
Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:
4. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]
Time commitment: for [insert the number of days/week/months/ that has been scheduled for
this position: this position]
Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:
5. Title of position: [insert title]
Name of candidate
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]
Time commitment: for [insert the number of days/week/months/ that has been scheduled for
this position: this position]
Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 38

 3. FORM PER-2:

Resume and Declaration - Contractor's Representative and Key Personnel.

Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.

Name of Tenderer

Position [#1]: [title of position from Form PER-1]

Personnel Name: Date of birth:

information
Address: E-mail:

Professional qualifications:

Academic qualifications:

Language proficiency: [language and levels of speaking, reading and writing

skills]

Details
Address of Procuring Entity:

Telephone: Contact (manager / personnel

officer):
Fax:

Job title: Years with present Procuring Entity:

Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.

Duration of
Project Role Relevant experience
involvement
[main [role and [describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]

Declaration

I, the undersigned [insert either “Contractor's Representative” or “Key Personnel” as applicable],

certify that to the best of my knowledge and belief, the information contained in this Form PER-2
correctly describes myself, my qualifications and my experience.

I confirm that I am available as certified in the following table and throughout the expected time
schedule for this position as provided in the Tender:

Commitment Details

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 39

Commitment to duration of [insert period (start and end dates) for which this
contract: Contractor’s Representative or Key Personnel is
available to work on this contract]
Time commitment: [insert period (start and end dates) for which this
Contractor’s Representative or Key Personnel is
available to work on this contract]

I understand that any misrepresentation or omission in this Form may:

a) be taken into consideration during Tender evaluation;
b) result in my disqualification from participating in the Tender;
c) result in my dismissal from the contract.

Name of Contractor's Representative or Key Personnel: [insert name]

Signature:

Date: (day month year):

Countersignature of authorized representative of the Tenderer:

Signature:

Date: (day month year):

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 40

 4. TENDERER’S QUALIFICATION WITHOUT PRE-QUALIFICATION

To establish its qualifications to perform the contract in accordance with Section III, Evaluation and
Qualification Criteria the Tenderer shall provide the information requested in the corresponding
Information Sheets included hereunder.

4.1 FORM ELI -1.1

Tenderer Information Form

Date: _________________

ITT No. and title: _________________

Tenderer's name
In case of Joint Venture (JV), name of each member:
Tenderer's actual or intended country of registration:
[indicate country of Constitution]
Tenderer's actual or intended year of incorporation:

Tenderer's legal address [in country of registration]:

Tenderer's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 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 3.6
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITT 3.5
 In case of state-owned enterprise or institution, in accordance with ITT 3.8, documents
establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that the Tenderer is not under the supervision of the Procuring Entity
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 41

 4.2 FORM ELI -1.2

Tenderer's JV Information Form

(to be completed for each member of Tenderer’s JV)
Date: _______________

ITT No. and title: __________________

Tenderer’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________

1. Attached are copies of original documents of

 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITT 3.6.
 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 3.8.

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 42

 4.3 FORM CON – 2

Historical Contract Non-Performance, Pending Litigation and Litigation History

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

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, Sub-Factor 2.1.

 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation
and Qualification Criteria, requirement 2.1

Year Non- Contract Identification Total Contract

performed Amount (current
portion of value, currency,
contract exchange rate and
Kenya Shilling
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] name/ number, and any other identification]
Name of Procuring Entity: [insert full name]
Address of Procuring Entity: [insert
street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.

Year of Amount in dispute Contract Identification Total Contract

dispute (currency) Amount (currency),
Kenya Shilling
Equivalent
(exchange rate)
Contract Identification: _________
Name of Procuring Entity:
____________
Address of Procuring Entity:
__________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Name of Procuring Entity:
Address of Procuring Entity:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 43

  No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount (currency),
Worth Kenya Shilling
Equivalent
(exchange rate)
[insert [insert percentage] Contract Identification: [indicate [insert amount]
year] complete contract name, number, and
any other identification]
Name of Procuring Entity: [insert full
name]
Address of Procuring Entity: [insert
street/city/country]
Matter in dispute: [indicate main issues
in dispute]
Party who initiated the dispute: [indicate
“Procuring Entity” or “Contractor”]
Reason(s) for Litigation and award
decision [indicate main reason(s)]

4.4 FORM FIN – 3.1:

Financial Situation and Performance

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

4.4.1. Financial Data

Type of Financial information Historic information for previous _________years,

in___________________ ______________
(currency) (Amount in currency, currency, exchange rate*, USD
equivalent)
Year 1 Year 2 Year 3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 44

Type of Financial information Historic information for previous _________years,
in___________________ ______________
(currency) (Amount in currency, currency, exchange rate*, USD
equivalent)
Year 1 Year 2 Year 3 Year 4 Year 5

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating

Activities

*Refer to ITT 15 for the exchange rate

4.4.2 Sources of Finance

Specify sources of finance to meet the cash flow requirements on works currently in progress and for future
contract commitments.

No. Source of finance Amount (Kenya Shilling equivalent)

1

4.4.3 Financial documents

The Tenderer and its parties shall provide copies of financial statements for ___________years pursuant Section
III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
(a) reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated entity (such
as parent company or group member).
(b) be independently audited or certified in accordance with local legislation.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
 Attached are copies of financial statements1 for the ____________years required above; and complying
with the requirements

1
If the most recent set of financial statements is for a period earlier than 12 months from the date of Tender, the reason for this
should be justified.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 45

 4.5 FORM FIN – 3.2:

Average Annual Construction Turnover

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

Annual turnover data (construction only)

Year Amount Exchange rate Kenya Shilling
Currency equivalent
[indicate [insert amount and indicate
year] currency]

Average
Annual
Construction
Turnover *

* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 46

 4.6 FORM FIN – 3.3:

Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as specified in Section III, Evaluation and Qualification Criteria

Financial Resources
Source of financing Amount (Kenya Shilling
No.
equivalent)
1

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 47

 4.7 FORM FIN – 3.4:

Current Contract Commitments / Works in Progress

Tenderers and each member to a JV should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for
contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.

Current Contract Commitments

Value of Outstanding Estimated Average Monthly
Name of N Procuring Entity’s Work Completio Invoicing Over Last
Contract o Contact Address, Tel, [Current Kenya Shilling n Date Six Months
. /month Equivalent] [Kenya Shilling
/month)]
1
2
3
4
5

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 48

 4.8 FORM EXP - 4.1

General Construction Experience

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

Page _______________of ______________pages

Starting Ending Contract Identification Role of

Year Tenderer
Year

Contract name: ____________________

Brief Description of the Works performed by the
Tenderer: _____________________________
Amount of contract: ___________________
Name of Procuring Entity: ____________________
Address: _____________________________
Contract name: _________________________
Brief Description of the Works performed by the
Tenderer: _____________________________
Amount of contract: ___________________
Name of Procuring Entity: ___________________
Address: _________________________
Contract name: ________________________
Brief Description of the Works performed by the
Tenderer: __________________________
Amount of contract: ___________________
Name of Procuring Entity: ___________________
Address: _________________________

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 49

 4.9 FORM EXP - 4.2(a)
Specific Construction and Contract Management Experience

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

Similar Contract No. Information

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor  JV Contractor contractor
  
Total Contract Amount Kenya Shilling
If member in a JV or sub-
contractor, specify participation in
total Contract amount
Procuring Entity's Name:
Address:
Telephone/fax number
E-mail:

4.10 FORM EXP - 4.2 (a) (cont.)

Specific Construction and Contract Management Experience (cont.)

Similar Contract No. Information

Description of the similarity in

accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works
items
3. Complexity
4. Methods/Technology
5. Construction rate for key
activities
6. Other Characteristics

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 50

 4.11 FORM EXP - 4.2(b)

Construction Experience in Key Activities

Tenderer's Name: ________________

Date: ___________________
Tenderer's JV Member Name: __________________
Sub-contractor's Name2 (as per ITT 34): ________________
ITT No. and title: _____________________

All Sub-contractors for key activities must complete the information in this form as per ITT 34 and Section III,
Evaluation and Qualification Criteria, Sub-Factor 4.2.

1. Key Activity No One: _

_______________________
Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in
Management Sub-
Contractor JV Contractor contractor
   
Total Contract Amount Kenya Shilling
Quantity (Volume, number or rate of Total quantity in Percentage Actual
production, as applicable) performed the contract participation Quantity
under the contract per year or part of (i) (ii) Performed
the year (i) x (ii)

Year 1
Year 2
Year 3
Year 4
Procuring Entity’s Name:

Address:
Telephone/fax number
E-mail:

2
If applicable

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 51

 Information

Description of the key activities in

accordance with Sub-Factor 4.2(b) of
Section III:

2. Activity No. Two

3. …………………

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 52

 OTHER FORMS
FORM OF TENDER
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

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.
Date of this Tender submission:.............[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]

To: .................................... [Insert complete name of Procuring Entity]

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;

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 53

 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;

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 54

 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.

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.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 55

A. TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE

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
2 Reference Number of the Tender
3 Date and Time of Tender Opening
4 Name of the Tenderer
5 Full Address and Contact Details of the 1. Country
Tenderer. 2. City
3. Location
4. Building
5. Floor
6. Postal Address
7. Name and email of contact person.
6 Current Trade License Registration
Number and Expiring date
7 Name, country and full address (postal and
physical addresses, email, and telephone
number) of Registering Body/Agency
8 Description of Nature of Business
9 Maximum value of business which the
Tenderer handles.
10 State if Tenders Company is listed in stock
exchange, give name and full address
(postal and physical addresses, email, and
telephone number) of
state which stock exchange
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

1
2
3

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 56

 (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/have an interest or relationship in this firm? Yes/No………………………

If yes, provide details as follows.

Names of Person Designation in the Procuring Interest or Relationship with Tenderer

Entity
1
2
3

ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of
YES OR the relationship with
NO Tenderer
1 Tenderer is directly or indirectly controls, is 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 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 such 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.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 57

f) Certification

On behalf of the Tenderer, I certify that the information given above is complete, current and
accurate as at the date of submission.

Full Name

Title or Designation

(Signature) (Date)

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 58

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].

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 59

SELF - DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE MATTER OF THE
PUBLIC PROCUREMENTAND ASSET DISPOSALACT 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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 60

 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 Official Stamp

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 61

 FORMAT OF POWER OF ATTORNEY

We........................................ (name and address of the registered office) do hereby constitute, appoint and
authorize Mr. / Mrs. / Ms .................................... (name and residential address) who is presently employed
with us and holding the position of ............................................. as our attorney, to do in our name and on our
behalf, all such acts, deeds and things necessary in connection with or incidental to our proposal for the
project/goods/works/services“......................................................................”, including signing and submission
of all documents and providing information / responses to the Kenya Electricity Generating Company PLC,
("KenGen"), representing us in all matters before KenGen, and generally dealing with KenGen in all matters in
connection with our Proposal for the said project/goods/works/services.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power
of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed
to have been done by us

.............................................................. (Signature)(Name, Title and Address) Accepted

............................................................. (Signature)(Name, Title and Address of the Attorney)

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 62

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……………......................………………….

Email…………………………………………............................................................…..............................

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

Seal/ Rubber Stamp where applicable)

Witness

Name ………………………………………………………....... Sign...................................................

Date……………………………………………………

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 63

B. APPENDIX 1- FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

2. 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.

3. Requirements

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.

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.

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 64

a) Defines broadly, for the purposes of the above provisions, the terms set forth below as
follows:
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 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 the PPRA or any other appropriate authority appointed by
Government of Kenya to inspect2 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.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 65

1. For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without
limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and tendering,
either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer
or supplier, or nominated service provider, in respect of such contract, and
(ii) entering an addendum or amendment introducing a material modification to any existing contract.

2. Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding
activities undertaken by the Investigating Authority or persons appointed by the Procuring Entity to
address specific matters related to investigations/audits, such as evaluating the veracity of an
allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity
includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents,
data and information (whether in hard copy or electronic format) deemed relevant for the
investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant
individuals; performing physical inspections and site visits; and obtaining third party verification of
information.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 66

FORM OF TENDER SECURITY-[Option 1–Demand Bank Guarantee]

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 onor before that date.

[signature(s)]

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 67

FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]

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]

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 68

TENDER-SECURING DECLARATION FORM

[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 [2 years] starting on [ from date of tender
submission], 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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 69

Appendix to Tender

Schedule of Currency requirements

Summary of currencies of the Tender for [insert name of Section of the Works]

Name of currency Amounts payable

Local currency:
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:
Provisional sums expressed in local currency [To be entered by the Procuring Entity]
____________________________________

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 70

PART II - WORK REQUIREMENTS

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 71

 SECTION IV

SPECIFICATIONS, DRAWINGS AND BILLS OF

QUANTITIES/SCHEDULE OF RATES

I. SPECIFICATIONS
II. DRAWINGS
III. BILL OF QUANTITIES/SCHEDULE OF RATES.

TECHNICAL SPECIFICATIONS
1 - GENERAL

"The Special Specifications comprise amendments of the Standard Specifications for purposes of executing
the Works. In the cases where there appear to be a conflict between the Special Specifications and
Standard Specifications, the former shall take precedence, unless otherwise directed by the Engineer"
LOCATION AND EXTENT OF SITE

The project is located in Turkwel Power Station, West Pokot County, Kenya. It is about 155Km from Kitale
town, off the Kitale – Lodwar Road. The road is currently tarmacked.
The description supersedes any other contrary information in this tender.
EXTENT OF CONTRACT

The works to be excited under the contract consist but are not limited to the following:-

(a) Provision of General and Preliminary items for the works

(b) Crack Sealing and Crack repairs

(c) Pot Hole repairs

(d) Double surface dressing of the road to the extent specified in the contract

(e) Testing of construction materials and setting out

(f) Excavation and filling for structures

(g) Concrete works.

(h) Allowing passage of traffic through the works

(i) Provision of road furniture as instructed

(j) Other related ancillary works as may be instructed by the Engineer

CONTRACT DRAWINGS

Contract drawings are as follows, among other instructions:

1. Standard project publicity signboard as instructed

2. Drainage structures and typical details

3. Drawings as specifically instructed from time to time.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 72
The Engineer may from time to time, in order to enable the satisfactory completion of the Works, revise,
amend, or supersede any of these drawings. It shall be the Contractor's responsibility to construct all works
in conformity with the latest revision, amendment or superseding drawings, provided that the Engineer
has given to the Contractor in writing such reasonable prior notices of intention to revise, amend or
supersede as the nature of the intended change requires, and the relevant drawings have been issued to the
Contractor.

THE WORKS EXECUTION PROGRAMME

The contractor’s works Execution programme is as specified in the Conditions of Contract. The programme
shall be co-ordinated with climatic and other conditions to provide for the completion of the works in the
order and by the time specified.

The Contractor shall carry out the contract in accordance with the programme agreed with the Engineer,
but he shall in no manner be relieved by the Engineer's approval of the programme, of his obligation to
complete the works in the prescribed order and by the prescribed completion date and he shall from time
to time review his progress and make such amendments to his rate of execution of the works as may be
necessary to fulfil his obligations.

CERTIFICATE OF SUBSTANTIAL COMPLETION

The length of road for which a certificate will be issued is the full length of the project road.

METHOD OF CONSTRUCTION

The Engineer’s normal working hours shall be 8.00 a.m. and 5.00 p.m. excluding lunch hour on weekdays
– that is from Monday to Friday. On Saturdays, the working hours shall be defined as 8.00 a.m. and 1.00
p.m. Sundays shall be set aside for rest.

The Engineer’s staff that is required for any reason whatsoever to work outside the above normal working
hours shall be paid overtime and the full cost of such overtime shall be reimbursed to the engineer at no
extra cost to the Employer.

NOTICE OF OPERATIONS

In addition to the provisions of the Standard Specifications, no major diversion of traffic off the road of
more than 300 meters shall be made without the prior approval, in writing, of the Engineer.

CONSTRUCTION GENERALLY

The Employer will, through the Engineers notice, give the Contractor possession of the Site, including but
not limited to the following:

(i) Definite working area of the road or section of the road which shall be between the two road

reserve boundaries.

All classified and unclassified public junctions and accesses joining the road Project and/or sections thereof to an
extent of not more than 50 metres from the centerline of the road.

DIVERSION OF SERVICES

The Contractor shall be responsible for arranging for the moving of services, services such as power lines,
telephone lines, water pipes and the like.

This shall be subject to the agreement of the Engineer as and where necessitated by the Works.

The Contractor shall pay any charges arising from the moving of the services or alteration to Payment for
such works shall be on the basis of Provisional Sums included in the Bill of Quantities No. 1. Subject to the
agreement of the Engineer and upon production of invoices and vouchers, the Contractor shall be

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 73

reimbursed in interim payment certificates the net cost of such moving or alteration plus the percentage
inserted in the Bill of Quantities to cover for his overheads and profit.
LAND FOR ALL CAMP SITES AND FOR THE CONTRACTOR'S OWN PURPOSES, INCLUDING TEMPORARY WORKS

All requirements of land for the Contractor’s own use shall be at the Contractor’s expense.

The Contractor shall remove all temporary works and shall restore all such land to the condition in which
it was immediately prior to the occupation. No separate payment will be made to the Contractor on
account of land for deviations, quarries, stockpiles, spoil areas and borrow pits outside the road reserve
and the Contractor is deemed to have made due allowance for them in his rates.

PUBLICITY SIGNBOARDS

The Contractor shall provide and erect as indicated in the Bill of Quantities publicity signboards on the site
as directed. The desirable dimensions of the boards shall be as shown in the Drawings or directed by the
Engineer. The boards shall be prepared primed and painted. The boards shall be of stout construction and
resistant to the effects of weather.

ENVIRONMENTAL PRESERVATION, PROTECTION AND DAMAGE MITIGATION

The Contractor shall ensure so far as is reasonably practicable and to the satisfaction of the Engineer that
the negative impact of the maintenance and repair works on the environment shall be kept to a minimum.
The Contractor shall take appropriate measures to mitigate any adverse effects during the period of the
works within the Site. The word `environment’ in this context shall mean the Site, including the people,
water, soil, crops, animals and any growing natural vegetation.

In particular the Contractor shall observe the following stipulations:

Landscape Preservation

a) General

The Contractor shall exercise care to preserve the natural landscape and shall conduct his construction
operations so as to prevent any destruction, scarring, or defacing of the natural surroundings in the
vicinity of the work. Except where clearing is required for permanent works, approved construction roads,
or excavation operations, all trees, native shrubbery, and vegetation shall be preserved and shall be
protected from damage by the Contractor’s construction operations and equipment. The edges of clearings
and cuts through trees, shrubbery, and vegetation shall be irregularly shaped to soften the undesirable
visual impact of straight lines.

Movement of crews and equipment within the right-of-way and over routes provided for access to the
work shall be performed in a manner to prevent damage to grazing land, crops, and other property.

b) Construction Roads
The location, alignment and grade of construction roads shall be subject to approval of the Engineer as
specified. When no longer required by the Contractor, construction roads shall be restored to the original
contour and made impassable to vehicular traffic. The surface of such construction roads shall be scarified
as instructed to provide conditions that will facilitate natural re-vegetation, enable natural drainage and
prevent erosion.

c) Construction facilities

The Contractor’s workshop, office and yard shall be located and arranged in a manner to preserve trees
and vegetation to the maximum practicable extent. On completion of the Works, all storage and
construction buildings, including concrete footings and slabs, and all construction materials and debris
shall be removed from the site. The area shall be re-graded, as required, so that all surfaces drain
naturally, blend with the natural terrain, and are left in a condition that will facilitate natural re-

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 74

vegetation, provide for proper drainage, and prevent erosion. These stipulations shall apply in so far as the
Contractor has leased the land for the duration of the Contract.

Preservation of Trees and Shrubbery

a) Preservation

All trees and shrubbery which are not specifically required to be cleared or removed for construction
purposes shall be preserved and shall be protected from any damage that may be caused by the
Constructor’s construction operations and equipment.

Special care shall be exercised where trees or shrubs are exposed to injuries by construction equipment,
blasting, excavating, dumping, chemical damage, or other operations; and the Contractor shall adequately
protect such trees by use of protective barriers or other methods approved by the Engineer. The Engineer
will permit the removal of trees or shrubs only after his prior approval.

b) Treatment of damage

The Contractor shall be responsible for injuries to trees and shrubs caused by his operations. The term
“injury” shall include, without limitation, brushing, scarring, tearing, and breaking of roots, trunk, or
branches. All injured trees and shrubs shall be repaired or treated without delay, at the Contractor’s
expenses. If damage occurs, the Engineer will determine the method of repair or treatment to be used for
the injured trees and shrubs as recommended by an experienced horticulturist or a licensed tree surgeon
or botanical at the expense of the Contractor. Where tree climbing is necessary, the use of climbing will
not be permitted. If climbing is necessary, safety ropes will be required.

c) Replacement

Trees or shrubs that, in the opinion of the Engineer, are beyond saving shall be removed and replaced early
in the next planting season. The replacements hall be the same species, or other approved species, and of
the maximum size that is practicable to plant and sustain growth in the particular environment.
Replacement trees and shrubs shall be guyed, watered, and maintained during the Contract.

Prevention of Water Pollution

a) General

The Contractor's construction activities shall be performed by methods that will prevent entrance, or
accidental spillage, of solid matter, contaminants, debris, and other pollutants and wastes into streams,
flowing or dry watercourses, lakes, and underground water sources. Such pollutants and wastes include,
but are not restricted to, refuse, garbage, cement, concrete, sanitary waste, industrial waste, radioactive
substances, oils, bitumen and other petroleum products, aggregate processing tailing, mineral salts, and
thermal pollution.

b) Wastewater

Wastewater from concrete batching, or other construction operations shall not be allowed to enter streams,
watercourses, or other surface waters without the use of such turbidity control methods as settling ponds,
gravel filter entrapment dikes, approved flocculating processes that are not harmful to fish, reticulation
systems for washing of aggregates, or other approved, methods.

Any such wastewater discharged into surface waters shall contain the least concentration of settleable
material possible. For the purpose of these specifications, settleable material is defined as that material
which will settle from the water by gravity during a 1-hour quiescent detention period.

c) Compliance with laws and regulations

The Contractor shall comply with applicable local laws, orders regulations, and water quality standards
concerning the control and abatement of water pollution.
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Abatement of Air Pollution

The Contractor shall comply with applicable local laws and regulations concerning the prevention and
control of air pollution.

In the conduct of construction activities and operation of equipment, the Contractor shall utilize such
practicable methods and devices as are reasonably available to control, prevent, and otherwise minimize
atmospheric emissions or discharges of air contaminants. The emissions of dust into the atmosphere will
not be permitted during the handling, and storage of concrete aggregates, and the Contractor shall use
such methods and equipment as are necessary for the collection and disposal, or prevention, of dust during
these operations. The Contractor’s methods of storing and handling cement and pozzolanas shall also
include means of eliminating atmosphere discharge of dust.

Storage and handling of flammable and combustible materials, provisions for fire prevention, and control
of dust resulting from any drilling operations shall be in accordance with the applicable provisions of
construction industry safety standards.

Dust Abatement

During the performance of the work required by these specifications, the Contractor shall reduce the dust
nuisance which has originated from his operations to alleviate damage to vegetation and wildlife or
causing a nuisance to persons. The Engineer may direct additional sprinkling or other measures for dust
abatement if necessary to obtain adequate control.

Noise Abatement

The Contractor shall comply with applicable local laws, orders, and regulations concerning the prevention,
control and abatement of excessive noise.

Cleanup and disposal of waste materials

The Contractor shall, at all times, keep the construction areas, including storage areas used by him, free
from accumulations of waste materials or rubbish.

Prior to completion of the works, the Contractor shall remove from the vicinity of the works all plant
facilities, buildings, unused materials, concrete forms and such like material, belonging to him or used
under his direction during construction.

Any residue deposited on the ground from washing out transit mix trucks or any similar concrete
operations shall be cleaned up and disposed of in a manner acceptable to the Engineer.

In the event of the Contractor's failure to comply with this sub-clause, the Employer at the expense of the
Contractor shall perform the work.

Fire protection and prevention

The Contractor shall prepare and carry out an effective fire-protection and prevention program covering
all phases of construction under this contract. The plan shall be submitted to the Engineer, prior to the
start of construction operations. At the option of the Contractor, the fire protection and prevention
program may be incorporated into a safety program.

Other Clauses on Environment

The Contractor's attention is drawn to the following requirements of the Standard Specification vis-à-vis to
the environment:

- Certificate of Completion
- Construction Generally
- Protection from Water
- Health, Safety and Accidents
- Removal of Camps
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 - Safety and Public Health Requirements
- Site Clearance and Removal of Topsoil and Overburden

Measurement and Payment

No separate measurement and payment shall be made for complying with the above provisions. The cost of
all work required by these sub-Clauses shall be included in the Contractor's rates.

SITE CLEARANCE AND TOP SOIL STRIPPING

Site Clearance

Site clearance shall be carried out beyond the instructed width, except for some trees as directed by the
Engineer.

Removal of Topsoil

Topsoil shall include the top 150mm or any unsuitable material encountered in existing or newly
instructed drains, drainage channels, accesses or in the existing road alignment.

QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS

GENERAL

The Contractor will be entirely responsible for locating suitable sources of materials complying with the
Standard and Special Specifications, and for the procurement and haulage to site of these materials and all
costs involved therein. Similarly the contractor will be responsible for the provision and costs involved in
providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable sites for spoil
dumps or stockpiles within the road reserve forming the site of the works the Contractor may utilize these
subject to the approval of the Engineer.

No additional payment will be made to the Contractor to cover costs arising from the requirements of this
Clause and the Contractor must include these costs in the rates inserted into the Bills of Quantities.

EXCAVATION AND FILLING FOR STRUCTURES

EXCAVATION OF FOUNDATIONS FOR STRUCTURES

Unless otherwise instructed by the Engineer, all excavated surfaces in material other than hard material,
on which foundations for structures shall be placed, shall be compacted to 100% MDD (AASHTO T.99)
immediately before structures are constructed.

Paragraph 4, last line: - Replace "95%" with "100%".

BACKFILLING FOR STRUCTURES

Unless otherwise instructed by the Engineer, all backfilling material shall be compacted to a minimum of
100% MDD (AASHTO T.99).

CULVERT AND DRAINAGE WORKS

SCOPE OF SECTION

The operations specified in this section apply to the installation, reinstatement and improvement of the
drainage works. In general, this Section covers: -

(i) Replacement of existing pipe culverts or broken pipes

(ii) Installation to line and level of pipes.

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(iii) Construction and installation of drainage protection works, including stone pitching and gabions.

(iv) Improvement and reshaping of the side drains and miter drains to free flow conditions.

(v) De-silting and cleaning of existing pipe culverts, their inlet and outfall drains to free flowing conditions.
(vi) Construction of a box culvert

BEDDING AND LAYING OF PIPE CULVERTS

The rates inserted shall allow for compaction of the bottom of excavation to 100% MDD (AASHTO T.99).

JOINTING CONCRETE PIPES

Unless the Engineer approves otherwise the concrete pipes for the culverts will be jointed by 1:2 cement:
sand mortar and provided with fillets on the outside as described in clause 810 of the Standard
Specification.

IMPROVEMENT TO EXISTING DRAINAGE WORKS

- De-silting of Pipe Culverts

Where instructed, the Contractor shall desilt the existing pipe culverts through removing all the material
from the pipe to make them clean and free flowing.

- Cleaning Existing Drains

In areas of existing side drains, miter or outfall drains where such are blocked or overgrown with
vegetation, the Engineer shall instruct the Contractor to clean and clear the drains to free flowing
condition. The operations shall comprise the following:

(a) Stripping and removing of any extraneous material to spoil including vegetation and roots in the drains
to the satisfaction of the engineer.

(b) Spreading of any spoil to the satisfaction of the Engineer.

(c) Shaping the drains to free flowing condition as directed by the Engineer.

Payment for de-silting of pipe culverts and cleaning drains shall be by m and m3 respectively as the length
and product of plan area and vertical depth of extraneous material instructed to be removed. No extra
payment will be made for removal of vegetation and roots.

- Stone Pitching

Stone pitching to drains, inlets and outlets of culverts to embankments and around structures shall consist
of sound unweathered rock approved by the Engineer.

The stone as dressed shall be roughly cubical in shape with minimum dimensions of 150 x 150mm for
normal thickness of 150mm pitching.

The surface to receive the pitching shall be compacted and trimmed to slope and the stone hand laid, inter
locked and rammed into the material to give an even finished surface.

The surface to receive the pitching shall be compacted and trimmed to slope and the stone hand laid,
interlocked and rammed into the material to give an even finished surface. The stone pitching shall then be
grouted with mortar as directed or with approved concrete mix.

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 - Gabions

Gabions shall be constructed in accordance with clause 711 of the standard Specification.

- Spoil Material

The Contractor shall be responsible for removal from site of all materials excavated in the course of
undertaking works in this section of the specifications, unless suitable for re-use, and deposit of the
material in a spoil dump to be approved by the Engineer.

REPLACING OF PIPES

Where instructed, Contractor shall remove existing pipes and replace them with 600mm diameter pipes.
The void left shall be widened as necessary to accommodate new concrete bedding, pipe and hunching.
The installation of pipe culverts shall be done prior to commencement of any earthworks necessary for
road widening. Payment for the excavation shall be the difference between the void left after removal and
excavation necessary to accommodate new pipe culverts. If the pipe culverts are laid after the road
widening then the widened length shall not be considered for the excavation payment.

SCOUR CHECKS

Scour checks are to be constructed in mass concrete in accordance with the standard Specifications and the
drawings as shall be provided.

PASSAGE OF TRAFFIC

SCOPE OF THE SECTION TRAFFIC CONTROL AND DEVIATIONS

Delete Sub-Clause 901(b) entirely and substitute as follows:

b) During the contract the contractor shall provide to the satisfaction of the Engineer, adequate warning
signs, temporary restriction signs, advance warning signs, lights, barriers, temporary bumps and any other
device and personnel equipped with necessary emblems to ensure the safe passage of traffic along the
deviations and existing roads adjacent to the works.

IMPROVEMENT TO THE EXISTING ROAD

Where instructed by the Engineer, Contractor shall improve the existing road by: -

(i) By providing gravel material similar to that used for gravel wearing course. The Contractor shall clean
the loose material on shoulder, compact the existing surface, bring in gravel material, spread and compact
it to 100%
MDD AASHTO T99.

ii) Providing warning and direction signs.

In Bill of Quantities, appropriate items have been provided to cover above works. Unit of measurement for
item
(i) shall be m³, while for item (i) shall be by number provided under the

Bill 20, notwithstanding stipulations of Section 912 (a) of the Standard Specifications.

PASSAGE OF TRAFFIC THROUGH THE WORKS

Add the following to the last paragraph:

`Any damage caused by passing traffic through the works shall be made good at the contractor's own cost.’

ASSISTANCE TO PUBLIC

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Contractor shall maintain close liaison with the Employer in order to maintain smooth and safe flow of the
traffic.

CONCRETE WORKS

MATERIALS FOR CONCRETE

All materials shall comply with the requirements of section 1703 of the standard specifications.

Cement for all concrete works shall be Ordinary Portland Cement.

1703 DESIGN OF CONCRETE MIXES

The following classes of concrete shall be designed and mix proportions approved for use as follows:

_ Class 15/20 for all blinding to structures and precast pipe culvert beds and surrounds.

_ Class 25/20 for all culvert headwalls, wing walls, aprons, toe walls, and bridge members; abutments,
piers and Deck
- Class 30/20 for bridge superstructure beams

Specifications for construction materials and quality control shall be in accordance with the standard
specifications.

FINISHES ON UNFORMED SURFACES

All unformed surfaces shall be finished to class UF 3 Finish in accordance with the standard specifications

REINFORCEMENT FOR CONCRETE

All reinforcement to concrete shall be hot rolled high yield deformed bars complying with BS 4449 and
steel mesh fabric to BS 4483

DRAWINGS

Standard Drawings may be used where necessary.

BILL OF QUANTITIES

SPECIFICATIONS AND BILLS QUANTITIES/SCHEDULE OF RATES

I.SPECIFICATIONS

“Tender for the Improvement of internal road at Turkwel Power Station”.

III.BILL OF QUANTITIES/SCHEDULE OF RATES

BILLS OF QUANTITY FOR THE IMPROVEMENT OF INTERNAL ROAD AT TURKWEL

POWER STATION.

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ITEM
NO DESCRIPTION UNIT QTY RATE AMOUNT

ELEMENT NO 1:
PRELIMINARY AND GENERAL
A. Mobilization of plants equipment’s ITEM
temporary works, establishment of
store, the plants include Paver, Roller’s
tipper and other necessary equipment
for the work

B. Provide prime cost sum of ksh ITEM

100,0000/=laboratory test and related
quality control costs as directed by
KenGen representative

C. Allow for prime cost sum of ITEM

ksh.70,000/= for communication

E. Provide prime cost sum for ITEM

implementation of safety health and
Environmental management plan, that
include Equipment, relevant safety
gears for workers, warning signages
MEN AT WORK

F. Demobilization and site clean up ITEM

TOTAL FOR ELEMENT NO 1: PRELIMINARY AND GENERAL CARRIED

TO SUMMARRY

ELEMENT NO 2:
ROAD IMPROVEMENT WORK

SITE CLEARRACE

1.1 Clearing and cleaning of carriage way, SM 1000

road shoulder includes cleaning and
removal of shrums and vegetation

NATURAL MATERIAL
1.2 Carefully cut into shape pothole, remove SM 30
the debris and clean up the surfaces

1.3 Hand packed hardcore filling to CM 6

potholes include compaction to road
level.
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 81
 BITUMINOUS SURFACE TREATMENT AND
SURFACE DRESSING

1.4 Bituminous sealing of cracks wider SM 100

than 3mm rate to include quarry dust

1.5 Prepare surface, clean, air spray and LITRES 200

provide and spray MC-30 cut back
bitumen as prime coat

1.6 Prepare surface of carriage way, clean, LITRES 1000

air spray and provide heat and spray
80-100 bitumen (cut back by kerosene)
tar coat in accordance to standard for
roads and bridge construction.

1.7 Provide and apply type 1(010 super CM 205

rate) heavy Asphalt Concrete to the
carriage way include potholes

CONCRETE WORK
1.8 Supply and place Concrete work class CM 180
{25/20) to shoulder edges as directed
by employer representative.

ROAD FURNITURE
1.9 Supply and install standard warning NO 4
signs and informatory sign include
support

2.00 Provide and apply road marking yellow SM 250

paint (thermos plastic)

TOTAL FOR ELEMENT NO.2: ROAD REPAIR WORKS

SUMMARY

1. PRELIMINARY AND GENERAL

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2. ROAD IMPROVEMENT WORK

3. ALLOW CONTIGENCY SUM OF Ksh.400,000/=

TOTAL (EXCLUSIVE OF V.A.T).

V.A.T (16%).

GRAND TOTAL (INCLUSIVE OF V.A.T).

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 83

PART III - CONDITIONS OF CONTRACT AND CONTRACT FORMS

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SECTION VIII - GENERAL CONDITIONS OF CONTRACT

These General Conditions of Contract (GCC), read in conjunction with the Special Conditions of
Contract (SCC) and other documents listed therein, should be a complete document expressing fairly
the rights and obligations of both parties.

These General Conditions of Contract have been developed on the basis of considerable international
experience in the drafting and management of contracts, bearing in mind a trend in the construction
industry towards simpler, more straightforward language.

The GCC can be used for both smaller admeasurement contracts and lump sum contracts.

General Conditions of Contract

A. General

1. Definitions

1.1 Bold face type is used to identify defined terms.

a) The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for
the execution and completion of the Works and the remedying of any defects.
b) The Activity Schedule is a schedule of the activities comprising the construction,
installation, testing, and commissioning of the Works in a lump sum contract. It includes a
lump sum price for each activity, which is used for valuations and for assessing the effects
of Variations and Compensation Events.
c) The Adjudicator is the person appointed jointly by the Procuring Entity and the
Contractor to resolve disputes in the first instance, as provided for in GCC 23.
d) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
e) Compensation Events are those defined in GCC Clause 42 hereunder.
f) The Completion Date is the date of completion of the Works as certified by the Project
Manager, in accordance with GCC Sub-Clause 53.1.
g) The Contract is the Contract between the Procuring Entity and the Contractor to execute,
complete, and maintain the Works. It consists of the documents listed in GCC Sub-Clause
2.3 below.
h) The Contractor is the party whose Bid to carry out the Works has been accepted by the
Procuring Entity.
i) The Contractor's Bid is the completed bidding document submitted by the Contractor to
the Procuring Entity.
j) The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the Contract.
k) Days are calendar days; months are calendar months.
l) Day works are varied work inputs subject to payment on a time basis for the Contractor's
employees and Equipment, in addition to payments for associated Materials and Plant.
m) A Defect is any part of the Works not completed in accordance with the Contract.
n) The Defects Liability Certificate is the certificate issued by Project Manager upon
correction of defects by the Contractor.
o) The Defects Liability Period is the period named in the SCC pursuant to Sub-Clause 34.1
and calculated from the Completion Date.
p) Drawings means the drawings of the Works, as included in the Contract, and any
additional and modified drawings issued by (or on behalf of) the Procuring Entity in
accordance with the Contract, include calculations and other information provided or
approved by the Project Manager for the execution of the Contract.
q) The Procuring Entity is the party who employs the Contractor to carry out the Works, as
specified in the SCC, who is also the Procuring Entity.
r) Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.

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 s) “In writing” or “written” means hand-written, type-written, printed or electronically
made, and resulting in a permanent record;
t) The Initial Contract Price is the Contract Price listed in the Procuring Entity's Letter of
Acceptance.
u) The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the SCC. The Intended
Completion Date may be revised only by the Project Manager by issuing an extension of
time or an acceleration order.
v) Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
w) Plant is any integral part of the Works that shall have a mechanical, electrical,
chemical, or biological function.
x) The Project Manager is the person named in the SCC (or any other competent person
appointed by the Procuring Entity and notified to the Contractor, to act in replacement of
the Project Manager) who is responsible for supervising the execution of the Works and
administering the Contract.
y) SCC means Special Conditions of Contract.
z) The Site is the area of the works as defined as such in the SCC.
aa) Site Investigation Reports are those that were included in the bidding document and are
factual and interpretative reports about the surface and subsurface conditions at the Site.
bb) Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Project Manager.
cc) The Start Date is given in the SCC. It is the latest date when the Contractor shall
commence execution of the Works. It does not necessarily coincide with any of the Site
Possession Dates.
dd) A Subcontractor is a person or corporate body who has a Contract with the Contractor to
carry out a part of the work in the Contract, which includes work on the Site.
ee) Temporary Works are works designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the Works.
ff) A Variation is an instruction given by the Project Manager which varies the Works.
gg) The Works are what the Contract requires the Contractor to construct, install, and turn
over to the Procuring Entity, as defined in the SCC.

2. Interpretation

2.1 In interpreting these GCC, words indicating one gender include all genders. Words
indicating the singular also include the plural and words indicating the plural also include
the singular. Headings have no significance. Words have their normal meaning under the
language of the Contract unless specifically defined. The Project Manager shall provide
instructions clarifying queries about these GCC.

2.2 If sectional completion is specified in the SCC, references in the GCC to the Works, the
Completion Date, and the Intended Completion Date apply to any Section of the Works
(other than references to the Completion Date and Intended Completion Date for the whole
of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:
a) Agreement,
b) Letter of Acceptance,
c) Contractor's Bid,
d) Special Conditions of Contract,
e) General Conditions of Contract, including Appendices,
f) Specifications,
g) Drawings,
h) Bill of Quantities6, and
i) any other document listed in the SCC as forming part of the Contract.
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6In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”

3. Language and Law

3.1 The language of the Contract is English Language and the law governing the Contract are
the Laws of Kenya.

3.2 Throughout the execution of the Contract, the Contractor shall comply with the import of
goods and services prohibitions in the Procuring Entity's Country when
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 from
that country or any payments to any country, person, or entity in that country.

4. Project Manager's Decisions

4.1 Except where otherwise specifically stated, the Project Manager shall decide contractual
matters between the Procuring Entity and the Contractor in the role representing the
Procuring Entity.

5. Delegation
5.1 Otherwise specified in the SCC, the Project Manager may delegate any of his duties and
responsibilities to other people, except to the Adjudicator, after notifying the Contractor, and
may revoke any delegation after notifying the Contractor.

6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be effective only
when in writing. A notice shall be effective only when it is delivered.

7. Subcontracting
7.1 The Contractor may subcontract with the approval of the Project Manager but may not
assign the Contract without the approval of the Procuring Entity in writing. Subcontracting
shall not alter the Contractor's obligations.

8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Procuring Entity between the dates given in the Schedule of Other
Contractors, as referred to in the SCC. The Contractor shall also provide facilities and services
for them as described in the Schedule. The Procuring Entity may modify the Schedule of Other
Contractors and shall notify the Contractor of any such modification.

9. Personnel and Equipment

9.1 The Contractor shall employ the key personnel and use the equipment identified in its Bid,
to carry out the Works or other personnel and equipment approved by the Project Manager.
The Project Manager shall approve any proposed replacement of key personnel and
equipment only if their relevant qualifications or characteristics are substantially equal to
or better than those proposed in the Bid.
9.2 If the Project Manager asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within seven days and has no further connection with the work in the
Contract.
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 9.3 If the Procuring Entity, Project Manager or Contractor determines, that any employee of the
Contractor be determined to have engaged in Fraud and Corruption during the execution of
the Works, then that employee shall be removed in accordance with Clause 9.2 above.

10. Procuring Entity's and Contractor's Risks

10.1 The Procuring Entity carries the risks which this Contract states are Procuring Entity's risks,
and the Contractor carries the risks which this Contract states are Contractor's risks.

11. Procuring Entity’s Risks

11.1 From the Start Date until the Defects Liability Certificate has been issued, the following are
Procuring Entity's risks:
a) The risk of personal injury, death, or loss of or damage to property (excluding the Works,
Plant, Materials, and Equipment), which are due to
i) use or occupation of the Site by the Works or for the purpose of the Works, which is
the unavoidable result of the Works or
ii) negligence, breach of statutory duty, or interference with any legal right by the
Procuring Entity or by any person employed by or contracted to him except the
Contractor.

b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is
due to a fault of the Procuring Entity or in the Procuring Entity's design, or due to war or
radioactive contamination directly affecting the country where the Works are to be
executed.
11.2 From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss
of or damage to the Works, Plant, and Materials is a Procuring Entity's risk except loss or
damage due to
aa) a Defect which existed on the Completion Date,
bb) an event occurring before the Completion Date, which was not itself a Procuring Entity's
risk, or
cc) the activities of the Contractor on the Site after the Completion Date.

12. Contractor's Risks

12.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of
personal injury, death, and loss of or damage to property (including, without limitation, the
Works, Plant, Materials, and Equipment) which are not Procuring Entity's risks are
Contractor's risks.

13. Insurance

13.1 The Contractor shall provide, in the joint names of the Procuring Entity and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts
and deductibles stated in the SCC for the following events which are due to the Contractor's
risks:
a) loss of or damage to the Works, Plant, and Materials;
b) loss of or damage to Equipment;
c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project
Manager for the Project Manager's approval before the Start Date. All such insurance shall
provide for compensation to be payable in the types and proportions of currencies required to
rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the Procuring
Entity may effect the insurance which the Contractor should have provided and recover the
premiums the Procuring Entity has paid from payments otherwise due to the Contractor or,
if no payment is due, the of the premiums shall be a debt due.
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 13.4 Alterations to the terms of an insurance shall not be made without the approval of the Project
Manager.
13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Data

14.1 The Contractor shall be deemed to have examined any Site Data referred to in the SCC,
supplemented by any information available to the Contractor.

15. Contractor to Construct the Works

15.1 The Contractor shall construct and install the Works in accordance with the Specifications and
Drawings.

16. The Works to Be Completed by the Intended Completion Date

16.1 The Contractor may commence execution of the Works on the Start Date and shall carry out
the Works in accordance with the Program submitted by the Contractor, as updated with the
approval of the Project Manager, and complete them by the Intended Completion Date.

17. Approval by the Project Manager

17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Project Manager, for his approval.
17.2 The Contractor shall be responsible for design of Temporary Works.

17.3 The Project Manager's approval shall not alter the Contractor's responsibility for design of
the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works,
where required.
17.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Project Manager before this use.

18. Safety

18.1 The Contractor shall be responsible for the safety of all activities on the Site.

19. Discoveries

19.1 Anything of historical or other interest or of significant value unexpectedly discovered on

the Site shall be the property of the Procuring Entity. The Contractor shall notify the Project
Manager of such discoveries and carry out the Project Manager's instructions for dealing with
them.

20. Possession of the Site

20.1 The Procuring Entity shall give possession of all parts of the Site to the Contractor. If possession
of a part is not given by the date stated in the SCC, the Procuring Entity shall be deemed to have
delayed the start of the relevant activities, and this shall be a Compensation Event.

21. Access to the Site

21.1 The Contractor shall allow the Project Manager and any person authorized by the Project
Manager access to the Site and to any place where work in connection with the Contract is
being carried out or is intended to be carried out.

22. Instructions, Inspections and Audits

22.1 The Contractor shall carry out all instructions of the Project Manager which comply with
the applicable laws where the Site is located.
22.2 The Contractor shall keep and shall make all reasonable efforts to cause its Subcontractors

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 and sub-consultants to keep, accurate and systematic accounts and records in respect of the
Works in such form and details as will clearly identify relevant time changes and costs.
22.3 The Contractor shall permit and shall cause its subcontractors and sub-consultants to
permit, the Procuring Entity and/or persons appointed by the Public Procurement
Regulatory Authority 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 Public Procurement Regulatory Authority. The
Contractor's and its Subcontractors' and sub-consultants' attention is drawn to Sub-Clause
25.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially
impede the exercise of the Public Procurement Regulatory Authority's inspection and audit
rights constitute a prohibited practice subject to contract termination (as well as to a
determination of ineligibility pursuant to the Public Procurement Regulatory Authority's
prevailing sanctions procedures).

23. Appointment of the Adjudicator

23.1 The Adjudicator shall be appointed jointly by the Procuring Entity and the Contractor, at the
time of the Procuring Entity's issuance of the Letter of Acceptance. If, in the Letter of
Acceptance, the Procuring Entity does not agree on the appointment of the Adjudicator, the
Procuring Entity will request the Appointing Authority designated in the SCC, to appoint the
Adjudicator within 14 days of receipt of such request.
23.2 Should the Adjudicator resign or die or should the Procuring Entity and the Contractor agree
that the Adjudicator is not functioning in accordance with the provisions of the Contract, a
new Adjudicator shall be jointly appointed by the Procuring Entity and the Contractor. In
case of disagreement between the Procuring Entity and the Contractor, within 30 days, the
Adjudicator shall be designated by the Appointing Authority designated in the SCC at the
request of either party, within 14 days of receipt of such request.

24. Settlement of Claims and Disputes

24.1 Contractor's Claims

24.1.1 If the Contractor considers itself to be entitled to any extension of the Time for
Completion and/or any additional payment, under any Clause of these Conditions or
otherwise in connection with the Contract, the Contractor shall give Notice to the Project
Manager, describing the event or circumstance giving rise to the claim. The notice shall
be given as soon as practicable, and not later than 30 days after the Contractor became
aware, or should have become aware, of the event or circumstance.

24.1.2 If the Contractor fails to give notice of a claim within such period of 30 days, the Time
for Completion shall not be extended, the Contractor shall not be entitled to additional
payment, and the Procuring Entity shall be discharged from all liability in connection
with the claim. Otherwise, the following provisions of this Sub- Clause shall apply.

24.1.3 The Contractor shall also submit any other notices which are required by the Contract,
and supporting particulars for the claim, all as relevant to such event or circumstance.

24.1.4 The Contractor shall keep such contemporary records as may be necessary to
substantiate any claim, either on the Site or at another location acceptable to the Project
Manager. Without admitting the Procuring Entity's liability, the Project Manager may,
after receiving any notice under this Sub-Clause, monitor the record- keeping and/or
instruct the Contractor to keep further contemporary records. The Contractor shall
permit the Project Manager to inspect all these records and shall (if instructed) submit
copies to the Project Manager.

24.1.5 Within 42 days after the Contractor became aware (or should have become aware) of
the event or circumstance giving rise to the claim, or within such other period as may be
proposed by the Contractor and approved by the Project Manager, the Contractor shall
send to the Project Manager a fully detailed claim which includes full supporting
particulars of the basis of the claim and of the extension of time and/or additional
payment claimed. If the event or circumstance giving rise to the claim has a continuing
effect:

a) this fully detailed claim shall be considered as interim;

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 b) the Contractor shall send further interim claims at monthly intervals, giving the
accumulated delay and/or amount claimed, and such further particulars as the Project
Manager may reasonably require; and
c) the Contractor shall send a final claim within 30 days after the end of the effects
resulting from the event or circumstance, or within such other period as may be
proposed by the Contractor and approved by the Project Manager.

24.1.6 Within 42 days after receiving a Notice of a claim or any further particulars supporting
a previous claim, or within such other period as may be proposed by the Project Manager
and approved by the Contractor, the Project Manager shall respond with approval, or with
disapproval and detailed comments. He may also request any necessary further particulars
but shall nevertheless give his response on the principles of the claim within the above
defined time period.

24.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in
accordance with Sub-Clause

24.1.8 [Determinations] to agree or determine (i) the extension (if any) of the Time for
Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of
Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor
is entitled under the Contract.

24.1.9 Each Payment Certificate shall include such additional payment for any claim as has
been reasonably substantiated as due under the relevant provision of the Contract. Unless
and until the particulars supplied are sufficient to substantiate the whole of the claim,
the Contractor shall only be entitled to payment for such part of the claim as he has been
able to substantiate.

24.1.10 If the Project Manager does not respond within the timeframe defined in this Clause,
either Party may consider that the claim is rejected by the Project Manager and any of
the Parties may refer to Arbitration in accordance with Sub-Clause 24.4 [Arbitration].

24.1.11 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause
which may apply to a claim. If the Contractor fails to comply with this or another Sub-
Clause in relation to any claim, any extension of time and/or additional payment shall
take account of the extent (if any) to which the failure has prevented or prejudiced
proper investigation of the claim, unless the claim is excluded under the second
paragraph of this Sub-Clause 24.3.
24.2 Amicable Settlement
24.2.1 Where a notice of a claim has been given, both Parties shall attempt to settle the dispute
amicably before the commencement of arbitration. However, unless both Parties agree
otherwise, the Party giving a notice of a claim in accordance with Sub-Clause 24.1 above
should move to commence arbitration after the fifty-sixth day from the day on which a
notice of a claim was given, even if no attempt at an amicable settlement has been made.
24.3 Matters that may be referred to arbitration
24.3.1 Notwithstanding anything stated herein the following matters may be referred to
arbitration before the practical completion of the Works or abandonment of the Works or
termination of the Contract by either party:

a) The appointment of a replacement Project Manager upon the said person ceasing to act.
b) Whether or not the issue of an instruction by the Project Manager is empowered by these
Conditions.
c) Whether or not a certificate has been improperly withheld or is not in accordance with
these Conditions.
e) Any dispute arising in respect of war risks or war damage.
f) All other matters shall only be referred to arbitration after the completion or alleged
completion of the Works or termination or alleged termination of the Contract, unless
the Procuring Entity and the Contractor agree otherwise in writing.
24.4 Arbitration
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24.4.1 Any claim or dispute between the Parties arising out of or in connection with the Contract
not settled amicably in accordance with Sub-Clause 24.3 shall be finally settled by arbitration.
24.4.2 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 ninety days of the
occurrence or discovery of the matter or issue giving rise to the dispute.
24.4.3 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.
24.4.4 The Arbitrator shall, without prejudice to the generality of his powers, have powers to
direct such measurements, computations, tests 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 certificate.
24.4.5 The Arbitrator shall, without prejudice to the generality of his powers, have powers to
open up, review and revise any certificate, opinion, decision, requirement or notice and to
determine all matters in dispute which shall be submitted to him in the same manner as if
no such certificate, opinion, decision requirement or notice had been given.
24.4.6 The arbitrators shall have full power to open up, review and revise any certificate,
determination, instruction, opinion or valuation of the Project Manager, relevant to the
dispute. Nothing shall disqualify representatives of the Parties and the Project Manager from
being called as a witness and giving evidence before the arbitrators on any matter whatsoever
relevant to the dispute.
24.4.7 Neither Party shall be limited in the proceedings before the arbitrators to the evidence,
or to the reasons for dissatisfaction given in its Notice of Dissatisfaction.
24.4.8 Arbitration may be commenced prior to or after completion of the Works. The
obligations of the Parties, and the Project Manager shall not be altered by reason of any
arbitration being conducted during the progress of the Works.
24.4.9 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.
24.5 Arbitration with National Contractors
24.5.1 If the Contract is with national contractors, arbitration proceedings 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 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) Architectural Association of Kenya
ii) Institute of Quantity Surveyors of Kenya
iii) Association of Consulting Engineers of Kenya
iv) Chartered Institute of Arbitrators (Kenya Branch)
v) Institution of Engineers of Kenya

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

24.6 Alternative Arbitration Proceedings

24.6.1 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.
24.7 Failure to Comply with Arbitrator's Decision
24.7.1 The award of such Arbitrator shall be final and binding upon the parties.

24.7.2 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.

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 24.8 Contract operations to continue
24.8.1 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 Contractor any monies due the Contractor.

25. Fraud and Corruption

25.1 The Government requires compliance with the country's Anti-Corruption laws and its
prevailing sanctions policies and procedures as set forth in the Constitution of Kenya and its
Statutes.
25.2 The Procuring Entity requires the Contractor to disclose any commissions or fees that may
have been paid or are to be paid to agents or any other party with respect to the bidding
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.

B. Time Control

26. Program

26.1 Within the time stated in the SCC, after the date of the Letter of Acceptance, the Contractor
shall submit to the Project Manager for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the Works. In the case of a lump sum
contract, the activities in the Program shall be consistent with those in the Activity Schedule.
26.2 An update of the Program shall be a program showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
26.3 The Contractor shall submit to the Project Manager for approval an updated Program at
intervals no longer than the period stated in the SCC. If the Contractor does not submit an
updated Program within this period, the Project Manager may withhold the amount stated
in the SCC from the next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Program has been submitted. In the case
of a lump sum contract, the Contractor shall provide an updated Activity Schedule within
14 days of being instructed to by the Project Manager.
26.4 The Project Manager's approval of the Program shall not alter the Contractor's obligations.
The Contractor may revise the Program and submit it to the Project Manager again at any
time. A revised Program shall show the effect of Variations and Compensation Events.

27. Extension of the Intended Completion Date

27.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event
occurs or a Variation is issued which makes it impossible for Completion to be achieved by
the Intended Completion Date without the Contractor taking steps to accelerate the
remaining work, which would cause the Contractor to incur additional cost.
27.2 The Project Manager shall decide whether and by how much to extend the Intended
Completion Date within 21 days of the Contractor asking the Project Manager for a decision
upon the effect of a Compensation Event or Variation and submitting full supporting
information. If the Contractor has failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, the delay by this failure shall not be considered in
assessing the new Intended Completion Date.

28. Acceleration

28.1 When the Procuring Entity wants the Contractor to finish before the Intended Completion
Date, the Project Manager shall obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Procuring Entity accepts these proposals, the
Intended Completion Date shall be adjusted accordingly and confirmed by both the
Procuring Entity and the Contractor.

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 28.2 If the Contractor's priced proposals for an acceleration are accepted by the Procuring Entity,
they are incorporated in the Contract Price and treated as a Variation.

29. Delays Ordered by the Project Manager

29.1 The Project Manager may instruct the Contractor to delay the start or progress of any activity
within the Works.

30. Management Meetings

30.1 Either the Project Manager or the Contractor may require the other to attend a management
meeting. The business of a management meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the early warning procedure.
30.2 The Project Manager shall record the business of management meetings and provide copies
of the record to those attending the meeting and to the Procuring Entity. The responsibility
of the parties for actions to be taken shall be decided by the Project Manager either at the
management meeting or after the management meeting and stated in writing to all who
attended the meeting.

31. Early Warning

31.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely
future events or circumstances that may adversely affect the quality of the work, increase
the Contract Price, or delay the execution of the Works. The Project Manager may require
the Contractor to provide an estimate of the expected effect of the future event or
circumstance on the Contract Price and Completion Date. The estimate shall be provided by
the Contractor as soon as reasonably possible.
31.2 The Contractor shall cooperate with the Project Manager in making and considering
proposals for how the effect of such an event or circumstance can be avoided or reduced by
anyone involved in the work and in carrying out any resulting instruction of the Project
Manager.

C. Quality Control

32. Identifying Defects

32.1 The Project Manager shall check the Contractor's work and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor's responsibilities. The
Project Manager may instruct the Contractor to search for a Defect and to uncover and test
any work that the Project Manager considers may have a Defect.

33. Tests

33.1 If the Project Manager instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a
Compensation Event.

34. Correction of Defects

34.1 The Project Manager shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion, and is defined in the SCC. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within
the length of time specified by the Project Manager's notice.

35. Uncorrected Defects

35.1 If the Contractor has not corrected a Defect within the time specified in the Project Manager's
notice, the Project Manager shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.

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D. Cost Control

7
36. Contract Price

36.1 The Bill of Quantities shall contain priced items for the Works to be performed by the
Contractor. The Bill of Quantities is used to calculate the Contract Price. The Contractor will
be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for each
item.

8
37. Changes in the Contract Price

37.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for
the particular item by more than 25 percent, provided the change exceeds 1 percent of the
Initial Contract Price, the Project Manager shall adjust the rate to allow for the change. The
Project Manager shall not adjust rates from changes in quantities if thereby the Initial
Contract Price is exceeded by more than 15 percent, except with the prior approval of the
Procuring Entity.
37.2 If requested by the Project Manager, the Contractor shall provide the Project Manager with
a detailed cost breakdown of any rate in the Bill of Quantities.

38. Variations

38.1 All Variations shall be included in updated Programs9 produced by the Contractor.

38.2 The Contractor shall provide the Project Manager with a quotation for carrying out the
Variation when requested to do so by the Project Manager. The Project Manager shall assess
the quotation, which shall be given within seven (7) days of the request or within any longer
period stated by the Project Manager and before the Variation is ordered.
38.3 If the Contractor's quotation is unreasonable, the Project Manager may order the Variation
and make a change to the Contract Price, which shall be based on the Project Manager's own
forecast of the effects of the Variation on the Contractor's costs.
38.4 If the Project Manager decides that the urgency of varying the work would prevent a
quotation being given and considered without delaying the work, no quotation shall be given
and the Variation shall be treated as a Compensation Event.
7In lump sum contracts, replace GCC Sub-Clauses 36.1 as follows:
36.1 The Contractor shall provide updated Activity Schedules within 14 days of being
instructed to by the Project Manager. The Activity Schedule shall contain the priced activities
for the Works to be performed by the Contractor. The Activity Schedule is used to monitor and
control the performance of activities on which basis the Contractor will be paid. If payment
for materials on site shall be made separately, the Contractor shall show delivery of Materials
to
8Inthe Site separately on the Activity Schedule.
lump sum contracts, replace entire GCC Clause 37 with new GCC Sub-Clause 37.1, as
follows:
The Activity Schedule shall be amended by the Contractor to accommodate changes of
Program or method of working made at the Contractor's own discretion. Prices in the
Activity Schedule shall not be altered when the Contractor makes such changes to the Activity
Schedule.
9In lump sum contracts, add “and Activity Schedules” after “Programs.” 10In lump sum
contracts, delete this paragraph.
38.5 The Contractor shall not be entitled to additional payment for costs that could have been
avoided by giving early warning
38.6 If the work in the Variation corresponds to an item description in the Bill of Quantities and
if, in the opinion of the Project Manager, the quantity of work above the limit stated in Sub-
Clause 39.1 or the timing of its execution do not cause the cost per unit of quantity to change,
the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the
cost per unit of quantity changes, or if the nature or timing of the work in the Variation does
not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be
in the form of new rates for the relevant items of work

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38.7 Value Engineering: The Contractor 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.
38.8 The Procuring Entity may accept the value engineering proposal if the proposal demonstrates
benefits that:
a) accelerate the contract completion period; or
b) reduce the Contract Price or the life cycle costs to the Procuring Entity; or
c) improve the quality, efficiency, safety or sustainability of the Facilities; or
d) yield any other benefits to the Procuring Entity, without compromising the functionality of
the Works.

38.9 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 Contractor 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 Contractor shall be the full increase in the
Contract Price.

39. Cash Flow Forecasts

39.1 When the Program11, is updated, the Contractor shall provide the Project Manager with an
updated cash flow forecast. The cash flow forecast shall include different currencies, as
defined in the Contract, converted as necessary using the Contract exchange rates.

40. Payment Certificates

40.1 The Contractor shall submit to the Project Manager monthly statements of the estimated
value of the work executed less the cumulative amount certified previously.
40.2 The Project Manager shall check the Contractor's monthly statement and certify the amount
to be paid to the Contractor.
40.3 The value of work executed shall be determined by the Project Manager.

40.4 The value of work executed shall comprise the value of the quantities of work in the Bill of
Quantities that have been completed12.
40.5 The value of work executed shall include the valuation of Variations and Compensation
Events.
40.6 The Project Manager may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later information.
40.7 Where the contract price is different from the corrected tender price, in order to ensure the
contractor is not paid less or more relative to the contract price (which would be the tender
price), payment valuation certificates and variation orders on omissions and additions
valued based on rates in the Bill of Quantities or schedule of rates 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.
41. Payments

41.1 Payments shall be adjusted for deductions for advance payments and retention. The
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 Procuring Entity shall pay the Contractor the amounts certified by the Project Manager
within 30 days of the date of each certificate. If the Procuring Entity makes a late payment,
the Contractor shall be paid interest on the late payment in the next payment. Interest shall
be calculated from the date by which the payment should have been made up to the date
when the late payment is made at the prevailing rate of interest for commercial borrowing
for each of the currencies in which payments are made.
41.2 If an amount certified is increased in a later certificate or as a result of an award by the
Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment
as set out in this clause. Interest shall be calculated from the date upon which the increased
amount would have been certified in the absence of dispute.
41.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the
proportions of currencies comprising the Contract Price.
41.4 Items of the Works for which no rate or price has been entered in shall not be paid for by
the Procuring Entity and shall be deemed covered by other rates and prices in the Contract.

42. Compensation Events

42.1 The following shall be Compensation Events:

d) The Procuring Entity does not give access to a part of the Site by the Site Possession Date
pursuant to GCC Sub-Clause 20.1.
e) The Procuring Entity modifies the Schedule of Other Contractors in a way that affects
the work of the Contractor under the Contract.
f) The Project Manager orders a delay or does not issue Drawings, Specifications, or
instructions required for execution of the Works on time.
g) The Project Manager instructs the Contractor to uncover or to carry out additional tests
upon work, which is then found to have no Defects.
h) The Project Manager unreasonably does not approve a subcontract to be let.
i) Ground conditions are substantially more adverse than could reasonably have been
assumed before issuance of the Letter of Acceptance from the information issued to
bidders (including the Site Investigation Reports), from information available publicly and
from a visual inspection of the Site.
j) The Project Manager gives an instruction for dealing with an unforeseen condition,
caused by the Procuring Entity, or additional work required for safety or other reasons.
k) Other contractors, public authorities, utilities, or the Procuring Entity does not work
within the dates and other constraints stated in the Contract, and they cause delay or extra
cost to the Contractor.
l) The advance payment is delayed.
m) The effects on the Contractor of any of the Procuring Entity's Risks.
n) The Project Manager unreasonably delays issuing a Certificate of Completion.

42.2 If a Compensation Event would cause additional cost or would prevent the work being
completed before the Intended Completion Date, the Contract Price shall be increased
and/or the Intended Completion Date shall be extended. The Project Manager shall decide
whether and by how much the Contract Price shall be increased and whether and by how
much the Intended Completion Date shall be extended.
42.3 As soon as information demonstrating the effect of each Compensation Event upon the
Contractor's forecast cost has been provided by the Contractor, it shall be assessed by the
Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor's
forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based
on the Project Manager's own forecast. The Project Manager shall assume that the Contractor
shall react competently and promptly to the event.

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11In lump sum contracts, add “or Activity Schedule” after “Program.”
12In lump sum contracts, replace this paragraph with the following: “The value of work executed
shall comprise the value of completed activities in the Activity Schedule.”

42.4 The Contractor shall not be entitled to compensation to the extent that the Procuring Entity's
interests are adversely affected by the Contractor's not having given early warning or not
having cooperated with the Project Manager.

43. Tax

43.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are
changed between the date 30 days before the submission of bids for the Contract and the date
of the last Completion certificate. The adjustment shall be the change in the amount of tax
payable by the Contractor, provided such changes are not already reflected in the Contract
Price or are a result of GCC Clause 44.

44. Currency y of Payment

44.1 All payments under the contract shall be made in Kenya Shillings

45. Price Adjustment

45.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the SCC. If
so provided, the amounts certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective price adjustment factor to the
payment amounts due in each currency. A separate formula of the type specified below applies:
P = A + B Im/Io
where: P is the adjustment factor for
the portion of the Contract Price payable.
A and B are coefficients13 specified in the SCC, representing the non-adjustable and adjustable
portions, respectively, of the Contract Price payable and Im is the index prevailing at the end of
the month being invoiced and IOC is the index prevailing 30 days before Bid opening for inputs
payable.
45.2 If the value of the index is changed after it has been used in a calculation, the calculation shall
be corrected, and an adjustment made in the next payment certificate. The index value shall
be deemed to take account of all changes in cost due to fluctuations in costs.

46. Retention

46.1 The Procuring Entity shall retain from each payment due to the Contractor the proportion
stated in the SCC until Completion of the whole of the Works.
46.2 Upon the issue of a Certificate of Completion of the Works by the Project Manager, in
accordance with GCC 53.1, half the total amount retained shall be repaid to the Contractor
and half when the Defects Liability Period has passed and the Project Manager has certified
that all Defects notified by the Project Manager to the Contractor before the end of this period
have been corrected. The Contractor may substitute retention money with an “on demand”
Bank guarantee.

47. Liquidated Damages

47.1 The Contractor shall pay liquidated damages to the Procuring Entity at the rate per day stated
in the SCC for each day that the Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the amount defined in the SCC. The
Procuring Entity may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor's liabilities.
47.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Project Manager shall correct any overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be paid interest on the
overpayment, calculated from the date of payment to the date of repayment, at the rates

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 98

 specified in GCC Sub-Clause 41.1.

48. Bonus

48.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the SCC
for each day (less any days for which the Contractor is paid for acceleration) that the
Completion is earlier than the Intended Completion Date. The Project Manager shall certify
that the Works are complete, although they may not be due to be complete.
49. Advance Payment
49.1 The Procuring Entity shall make advance payment to the Contractor of the amounts stated
in the SCC by the date stated in the SCC, against provision by the Contractor of an
Unconditional Bank Guarantee in a form and by a bank acceptable to the Procuring Entity
in amounts and currencies equal to the advance payment. The Guarantee shall remain
effective until the advance payment has been repaid, but the amount of the Guarantee shall
be progressively reduced by the amounts repaid by the Contractor. Interest shall not be
charged on the advance payment.

49.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials,
and mobilization expenses required specifically for execution of the Contract. The Contractor
shall demonstrate that advance payment has been used in this way by supplying copies of
invoices or other documents to the Project Manager.

49.3 The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to the Contractor, following the schedule of completed percentages of the
Works on a payment basis. No account shall be taken of the advance payment or its
c c
repayment in assessing valuations of work done, Variations, price adjustments, Compensation
Events, Bonuses, or Liquidated Damages.

50. Securities
50.1 The Performance Security shall be provided to the Procuring Entity no later than the date
specified in the Letter of Acceptance and shall be issued in an amount specified in the SCC, by a
bank or surety acceptable to the Procuring Entity and denominated in the types and
proportions of the currencies in which the Contract Price is payable. The Performance
Security shall be valid until a date 28 day from the date of issue of the Certificate of
Completion in the case of a Bank Guarantee, and until one year from the date of issue of the
Completion Certificate in the case of a Performance Bond.

51. Dayworks
51.1 If applicable, the Dayworks rates in the Contractor's Bid shall be used only when the Project
Manager has given written instructions in advance for additional work to be paid for in that
way.

51.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved
by the Project Manager. Each completed form shall be verified and signed by the Project
Manager within two days of the work being done.

51.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.

52. Cost of Repairs

52.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start
Date and the end of the Defects Correction periods shall be remedied by the Contractor at
the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract

53. Completion
53.1 The Contractor shall request the Project Manager to issue a Certificate of Completion of the
Works, and the Project Manager shall do so upon deciding that the whole of the Works is
completed.

54. Taking Over

54.1 The Procuring Entity shall take over the Site and the Works within seven days of the Project
Manager's issuing a certificate of Completion.
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 99
 55. Final Account
55.1 The Contractor shall supply the Project Manager with a detailed account of the total amount
that the Contractor considers payable under the Contract before the end of the Defects
Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any
final payment that is due to the Contractor within 56 days of receiving the Contractor's
account if it is correct and complete. If it is not, the Project Manager shall issue within 56 days
a schedule that states the scope of the corrections or additions that are necessary. If the Final
Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide
on the amount payable to the Contractor and issue a payment certificate.

13The sum of the two coefficients A and B should be 1 (one) in the formula for each currency.
Normally, both coefficients shall be the same in the formulae for all currencies, since coefficient A, for
the non-adjustable portion of the payments, is a very approximate figure (usually 0.15) to take
account of fixed cost elements or other non-adjustable components. The sum of the adjustments for
each currency are added to the Contract Price.

56. Operating and Maintenance Manuals

56.1 If “as built” Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the SCC.
56.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
SCC pursuant to GCC Sub-Clause 56.1, or they do not receive the Project Manager's
approval, the Project Manager shall withhold the amount stated in the SCC from payments
due to the Contractor.

57. Termination

57.1 The Procuring Entity or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
57.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:
a) the Contractor stops work for 30 days when no stoppage of work is shown on the current
Program and the stoppage has not been authorized by the Project Manager;
b) the Project Manager instructs the Contractor to delay the progress of the Works, and the
instruction is not withdrawn within 30 days;
c) the Procuring Entity or the Contractor is made bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;
d) a payment certified by the Project Manager is not paid by the Procuring Entity to the
Contractor within 84 days of the date of the Project Manager's certificate;
e) the Project Manager gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a reasonable
period of time determined by the Project Manager;
f) the Contractor does not maintain a Security, which is required;
g) the Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in the SCC; or
h) if the Contractor, in the judgment of the Procuring Entity has engaged in Fraud and
Corruption, as defined in paragraph 2.2 a of the Appendix A to the GCC, in competing for
or in executing the Contract, then the Procuring Entity may, after giving fourteen (14) days
written notice to the Contractor, terminate the Contract and expel him from the Site.
57.3 Notwithstanding the above, the Procuring Entity may terminate the Contract for
convenience.
57.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe
and secure, and leave the Site as soon as reasonably possible.
57.5 When either party to the Contract gives notice of a breach of Contract to the Project Manager
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 100
 for a cause other than those listed under GCC Sub-Clause 56.2 above, the Project Manager
shall decide whether the breach is fundamental or not.

58. Payment upon Termination

58.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor,
the Project Manager shall issue a certificate for the value of the work done and Materials
ordered less advance payments received up to the date of the issue of the certificate and less
the percentage to apply to the value of the work not completed, as specified in the SCC.
Additional Liquidated Damages shall not apply. If the total amount due to the Procuring
Entity exceeds any payment due to the Contractor, the difference shall be a debt payable to
the Procuring Entity.
58.2 If the Contract is terminated for the Procuring Entity's convenience or because of a
fundamental breach of Contract by the Procuring Entity, the Project Manager shall issue a
certificate for the value of the work done, Materials ordered, the reasonable cost of removal
of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and
the Contractor's costs of protecting and securing the Works, and less advance payments
received up to the date of the certificate.

59. Property

59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to
be the property of the Procuring Entity if the Contract is terminated because of the Contractor's
default.

60. Release from Performance

60.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of either the Procuring Entity or the Contractor, the Project Manager shall certify that
the Contract has been frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a commitment was
made.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 101

SECTION IX - SPECIAL CONDITIONS OF CONTRACT

Except where otherwise specified, all Special Conditions of Contract should be filled in by the Procuring
Entity prior to issuance of the bidding document. Schedules and reports to be provided by the Procuring
Entity should be annexed.

Number of Amendments of, and Supplements to, Clauses in the General Conditions of Contract
GC Clause
A. General
GCC 1.1 (q) The Procuring Entity is KENYA ELELECTRICITY GENERATING COMPANY PLC
General Manager, Supply Chain
Kenya Electricity Generating Company PLC
Stima Plaza Phase III, Kolobot Road, Parklands
P.O. BOX 47936-00100
GCC 1.1 (u) The Intended Completion Date for the whole of the Works shall be within Twelve
Months (12). Contract duration shall be 18 (eighteen)months. inclusive of Six (6)
months DLP
GCC 1.1 (x) The Project Manager is Power Generation Manager-Western Region or his appointee.
GCC 1.1 (z) The Site is located at Turkwel Power Station.
GCC 1.1 (cc) The Start Date shall be Date of the kick-off meeting.
GCC 1.1 (gg) The Works consist of Rehabilitation of Internal Roads at Turkwel Power Station

GCC 2.2 Sectional Completions are: [insert nature and dates, if appropriate]
GCC 5.1 The Project manager [may ] delegate any of his duties and responsibilities.
GCC 8.1 Schedule of other contractors: [insert Schedule of Other Contractors, if appropriate]
N/a
GCC 9.1 Key Personnel
GCC 9.1 is replaced with the following:

9.1 Key Personnel are the Contractor’s personnel named in this GCC 9.1 of the
Special Conditions of Contract. The Contractor shall employ the Key Personnel
and use the equipment identified in its Bid, to carry out the Works or other
personnel and equipment approved by the Project Manager. The Project
Manager shall approve any proposed replacement of Key Personnel and
equipment only if their relevant qualifications or characteristics are
substantially equal to or better than those proposed in the Bid.
As per evaluation criteria
GCC 13.1 The minimum insurance amounts and deductibles shall be:
(a) for loss or damage to the Works, Plant and Materials: [insert amounts].TBA
(b) For loss or damage to Equipment: [insert amounts]. TBA
(c) for loss or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with Contract [insert amounts]. TBA
(d) for personal injury or death:
(i) of the Contractor’s employees: [amount]. TBA
(ii) of other people: [amount]. TBA

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 102

Number of Amendments of, and Supplements to, Clauses in the General Conditions of Contract
GC Clause
(iii) other people: [amount].
GCC 14.1 Site Data are: [list Site Data]
GCC 20.1 The Site Possession Date(s) shall be: Date of Kick Off Meeting

B. Time Control
GCC 26.1 The Contractor shall submit for approval a Program for the Works within 7 days
from the date of the Letter of Acceptance.
GCC 26.3 The period between Program updates is [14] days.-N/A
The amount to be withheld for late submission of an updated Program is [insert
amount]. N/A

C. Quality Control
GCC 34.1 The Defects Liability Period is: 6 Months from the date of issuing the completion
certificate

D. Cost Control
GCC 38.9 If the value engineering proposal is approved by the Procuring Entity the amount to
be paid to the Contractor shall be ___% (insert appropriate percentage. The
percentage is normally up to 50%) of the reduction in the Contract Price.n/a
GCC 40 Payment Certificates
Payment shall be paid based on measured works. The minimum certificate to be
raised shall not be less than 30% of the total contract amount.
Each interim certificate shall be subjected to 10% Retention.
5% of the retained amount shall be paid after issuing the completion certificate the
remaining 5% shall be paid after completion of the DLP
DLP period shall be 6 months from the day of issuing the completion certificate
There shall be no advance payments.
GCC 44.1 The currency of the Procuring Entity’s Country is: [Kenya Shillings].
GCC 45.1 The Contract [“is not”] subject to price adjustment in accordance with GCC
Clause 45, and the following information regarding coefficients [specify “does”
or “does not”] apply.
[Price adjustment is mandatory for contracts which provide for time of
completion exceeding 18 months]
The coefficients for adjustment of prices are:
(a) [insert percentage] percent nonadjustable element (coefficient A).
(b) [insert percentage] percent adjustable element (coefficient B).
(c) The Index I for shall be [insert index].
GCC 46.1 The proportion of payments retained is: 10 %
All payments to be subject to 10 % retention amount to be release d after the
completion defect liability period
GCC 47.1 The liquidated damages for the whole of the Works are 0.05% per day. The
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 103
Number of Amendments of, and Supplements to, Clauses in the General Conditions of Contract
GC Clause
maximum amount of liquidated damages for the whole of the Works is 10% of the
final Contract Price.
GCC 48.1 The Bonus for the whole of the Works is [insert percentage of final Contract Price]
per day. The maximum amount of Bonus for the whole of the Works is [insert
percentage] of the final Contract Price.
N/A
GCC 49.1 The Advance Payments shall be: [insert amount(s)] and shall be paid to the
Contractor no later than [insert date(s)].N/A
GCC 50.1 Performance security shall be at 1% of the Contract Price where the contract value is
above five million shillings.
The performance security shall remain valid for 30 days beyond the validity of the
contract. Performance security
(a) Performance Security – Bank Guarantee: in the amount(s) of 1% percent of the
Accepted Contract Amount and in the same currency(ies) of the Accepted
Contract Amount.
(b) Performance Security – Performance Bond: in the amount(s) of 1% percent of
the Accepted Contract Amount and in the same currency(ies) of the Accepted
Contract Amount.

E. Finishing the Contract

GCC 56.1 The date by which operating, and maintenance manuals are required is [insert date].
The date by which “as built” drawings are required is [insert date].N/a
GCC 56.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required in GCC 58.1 is [insert
amount in local currency].
GCC 57.2 (g) The maximum number of days is: [insert number; consistent with Clause 47.1 on
liquidated damages].
GCC 58.1 The percentage to apply to the value of the work not completed, representing the
Procuring Entity’s additional cost for completing the Works, is [insert percentage].

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 104

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) Procuring Entity: [insert the name of the Procuring Entity]

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 )

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.

SNo Name of Tender Price Tender’s evaluated One Reason Why not
Tender as read out price (Note a) Evaluated

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 105

 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 Procuring Entity]
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 Procuring Entity]
iv) Email address: [insert email address]

c) At this point in the procurement process, you may submit a Procurement-related Complaint
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 [email protected] or
[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
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 106
 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 Procuring Entity:

Signature: Name:

Title/position: Telephone: Email:

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 107

 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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 108

FORM NO 3: LETTER OF AWARD

[letterhead paper of the Procuring Entity] [date]

To: [name and address of the Contractor]

This is to notify you that your Tender dated [date] for execution of the [name of the Contract and
identification number, as given in the Contract Data] for the Accepted Contract Amount [amount in
numbers and words] [name of currency], as corrected and modified in accordance with the Instructions
to Tenderers, is hereby accepted by ……………… (name of Procuring Entity).

You are requested to furnish the Performance Security within 30 days in accordance with the Conditions
of Contract, using, for that purpose, one of the Performance Security Forms included in Section VIII,
Contract Forms, of the Tender Document.

Authorized Signature:.................................................................................................................

Name and Title of Signatory:........................................................................................................

Name of Procuring Entity.............................................................................................................

Attachment: Contract Agreement................................................................................................

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 109

FORM NO 4: CONTRACT AGREEMENT

THIS AGREEMENT made the day of , 20 ,

between
______________________________________of __________________________ (hereinafter “the
Procuring
Entity”), of the one part, and of
(hereinafter “the Contractor”), of
the other part:

WHEREAS the Procuring Entity desires that the Works known as should
be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and
completion of these Works and the remedying of any defects therein,

The Procuring Entity and the Contractor agree as follows:

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

2. 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) the Special Conditions of Contract
e) the General Conditions of Contract;
f) the Specifications
g) the Drawings; and
h) the completed Schedules and any other documents forming part of the contract.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor as specified
in this Agreement, the Contractor hereby covenants with the Procuring Entity to execute the
Works and to remedy defects therein in conformity in all respects with the provisions of the
Contract.

4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.

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

Signed and sealed by (for the Procuring Entity)

Signed and sealed by (for the Contractor).

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 110

FORM NO. 5 - PERFORMANCE SECURITY

[Option 1 - Unconditional Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [insert name and Address of Procuring Entity] 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 Procuring Entity) (the Procuring Entity 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.

1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if any, and denominated either in the
currency of the Contract or a freely convertible currency acceptable to the Beneficiary.
2Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
The Procuring Entity should note that in the event of an extension of this date for completion of the
Contract, the Procuring Entity 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.

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 111

 FORM No. 6 - PERFORMANCE SECURITY
[Option 2– Performance Bond]

[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 Procuring Entity]
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 Procuring Entity”) 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 Procuring Entity 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 Procuring Entity to be, in default under the Contract, the Procuring
Entity having performed the Procuring Entity'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 Procuring Entity for
completing the Contract in accordance with its terms and conditions, and upon determination
by the Procuring Entity and the Surety of the lowest responsive Tenderers, arrange for a
Contract between such Tenderer, and Procuring Entity 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 Procuring Entity to Contractor under the Contract, less the
amount properly paid by Procuring Entity to Contractor; or
3) pay the Procuring Entity the amount required by Procuring Entity 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 Procuring Entity named herein or the heirs, executors,
administrators, successors, and assigns of the Procuring Entity.

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 .

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 112

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 113

FORM NO. 7 - ADVANCE PAYMENT SECURITY

[Demand Bank Guarantee]

[Guarantor letterhead]
Beneficiary: [Insert name and Address of Procuring Entity]
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 Works; 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,
anydemand 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]

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 114

FORM NO. 8 - RETENTION MONEY SECURITY

[Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [Insert name and Address of Procuring Entity]

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 [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Contractor") has entered
into Contract No.
[insert reference number of the contract] dated with the Beneficiary, for
the execution of [insert name of contract
and brief description of Works] (hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when the
Taking-Over Certificate has been issued under the Contract and the first half of the Retention
Money has been certified for payment, and payment of [insert the second half of the Retention
Money] is to be made against a Retention Money 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 [insert amount in figures]
([insert amount 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 that the Contractor is in breach of its
obligation(s) under the Contract, without your needing to prove or show grounds for your demand
or the sum specified therein.

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 second half of the Retention Money as
referred to above has been credited to the Contractor on its ac c ou n t number at [insert
name and address of Applicant's bank].
5. 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.

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]

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 115

 NO. 9 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 the options that are not applicable]

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

Details of beneficial ownership

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 116

 Details of all Beneficial % of % of voting Whether a Whether a
Owners shares a rights a person directly person directly
person person holds or indirectly or indirectly
holds in in the holds a right to exercises
the company appoint or significant
company remove a influence or
Directly member of the control over the
or board of Company
indirectly directors of the (tenderer) (Yes /
company or an No)
equivalent
governing body
of the Tenderer
(Yes / No)
Telephone
number
Indirect……… Indirect………
Email address ………... …
Occupation or
profession

2. Full Name Directly-- Directly…… 1. Having 1. Exercises

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

3.

e.t
.c

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 the Data Protection Act shall not be published or made
Tender for Rehabilitation of Internal Roads at Turkwel Power Station 117
 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 deanonymize previously anonymous data. This
information includes National identity card number or Passport number, Personal Identification 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:

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

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

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

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

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

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]

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

Tender for Rehabilitation of Internal Roads at Turkwel Power Station 118