KENYA ELECTRICITY GENERATING COMPANY PLC

RFx: 5000008609
KGN-GDD-198-2021

TENDER FOR SUPPLY OF TRACER INJECTION UNIT AND

GEOCHEMICAL ANALYZERS FOR GEOTHERMAL DEVELOPMENT
DIVISION.

(CITIZEN CONTRACTORS)

Kenya Electricity Generating Company PLC

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

November 2021

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 INVITATION TO TENDER
PROCURING ENTITY: KENYA ELECTRICITY GENERATING COMPANY PLC
CONTRACT NAME AND DESCRIPTION: TENDER FOR SUPPLY OF TRACER INJECTION UNIT AND
GEOCHEMICAL ANALYZERS FOR GEOTHERMAL DEVELOPMENT DIVISION.

KenGen PLC invites sealed tenders from eligible candidates for the TENDER FOR SUPPLY OF TRACER
INJECTION UNIT AND GEOCHEMICAL ANALYZERS FOR GEOTHERMAL DEVELOPMENT DIVISION,
whose specifications are detailed in the Tender Document.

Tendering will be conducted under open competitive method (Citizen Contractors) using a
standardized tender document. Tendering is open to all qualified and interested Tenderers.

The tender is specific to Citizen Contractors.

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:
Supply Chain Director
Tel: (254) (020) 3666000
Email: [email protected]; cc [email protected]

A complete set of tender documents may be purchased or obtained by interested tenders upon
payment of a non- refundable fees of (Amount in Kenya shillings1000/=) in cash or Banker's
Cheque and payable to the address given below. Tender documents may be obtained electronically
from the Website (WWW.KENGEN.CO.KE). Tender documents obtained electronically will be free of
charge.

Tender documents may be viewed and downloaded for free from the website
WWW.KENGEN.CO.KE . Tenderers who download the tender document must forward their
particulars immediately to: [email protected]; Telephone 0711 036 000 and P.O. Box
47936-00100 to facilitate any further clarification or addendum.

The Original Tender Security of KES .800,000/= or equivalent in a freely convertible currency
valid for 30 days beyond the tender validity period from any reputable banks registered by the Central
Bank of Kenya All tender securities submitted shall be subject to authentication by KenGen and MUST
be submitted in a plain sealed envelope and clearly marked “KGN-GDD-198-2021- TENDER FOR
SUPPLY OF TRACER INJECTION UNIT AND GEOCHEMICAL ANALYZERS FOR GEOTHERMAL
DEVELOPMENT DIVISION’’ And addressed to:

Supply Chain Director,

Kenya Electricity Generating Company PLC,
9th Floor, KenGen Pension Plaza II,
Kolobot Road, Parklands,
P.O. Box 47936, 00100
NAIROBI.
The hard copy of the Original Tender Security clearly labeled should be dropped at the tender box
located on Ground Floor at KenGen, KenGen, RBS building on or before the tender closing date
All tender securities submitted shall be subject to authentication by KenGen.

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

Completed tenders must be submitted online on or before 16th December 2021 at 2.00 p.m.
Electronic Tenders will be permitted through our e-procurement platform found at www.kengen.co.ke
(https://eprocurement.kengen.co.ke:50001/irj/portal on or before;
16th December 2021 at 2.00 p.m.
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.
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Late tenders will be rejected.

1. The addresses referred to above are:

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.

Supply Chain Director
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

SUPPLY CHAIN DIRECTOR

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PART 1 - TENDERING PROCEDURES

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SECTION I: INSTRUCTIONS TO TENDERERS
A General Provisions

1. Scope of Tender

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

1.2 Throughout this tendering document:

a) The term ―in writing means communicated in written form (e.g. by mail, e-mail, fax,
including if specified in the TDS, distributed or received through the electronic-
procurement system used by the Procuring Entity) with proof of receipt;

b) if the context so requires, ―singular‖ means ―plural‖ and vice versa;

c) ―Day‖ means calendar day, unless otherwise specified as ―Business Day‖. A Business Day is
any day that is an official working day of the Procuring Entity. It excludes official public holidays.

2. Fraud and Corruption

2.1 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 pr ovis io ns 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.

3. Eligible Tenderers

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

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

a) directly or indirectly controls, is controlled by or is under common control with another

Tenderer; or
b) receives or has received any direct or indirect subsidy from another Tenderer; or c)
has the same - representative or ownership as another Tenderer; or
d) has a relationship with another Tenderer, directly or through common third parties, that puts
it in a position to influence the Tender of another Tenderer, or influence the decisions
of the Procuring Entity regarding this Tendering process; or
e) or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the goods that are the subject of the Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity or
Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or
directly related to consulting services for the preparation or implementation of the
project specified in the TDS ITT 1.1 that it provided or were provided by any affiliate that
directly or indirectly controls, is controlled by, or is under common control with that firm;
or has a close business or family relationship with a professional staff of the Procuring
Entity (or of the project implementing agency, who: (i) are directly or indirectly
involved in the preparation of the tendering document or specifications of the Contract,
and/or the Tender evaluation process of such Contract; or (ii) would be involved in the
implementation or supervision of such Contract unless the conflict stemming from
such relationship has been resolved in a manner acceptable to the Procuring Entity
throughout the Tendering process and execution of the Contract.

3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or

fraudulent practice. A tenderer that is proven to have been involved in any of these
practices shall be automatically disqualified.

3.5 A firm that is a Tenderer (either individually or as a JV member) shall not submit
more than one Tender, except for permitted alternative Tenders. This includes
participation as a subcontractor. Such participation shall result in the disqualification of
all Tenders in which the firm is involved. A firm that is not a Tenderer or a JV
member, may participate as a subcontractor in more than one Tender. Members of a
joint venture may not also make an individual tender, be a subcontractor in a separate
tender or be part of another joint venture for the purposes of the same Tender.

3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to
ITT3.9. A Tenderer shall be deemed to have the nationality of a country if the
Tenderer is constituted, incorporated or registered in and operates in conformity with the
provisions of the laws of that country, as evidenced by its articles of
incorporation (or equivalent documents of constitution or association) and its
registration documents, as the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or sub consultants for any part of
the Contract including related Services.

3.7 A Tenderer that has been debarred by the PPRA from participating in public
procurement shall be ineligible to tender or be awarded a contract. The list of
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 debarred firms and individuals is available from the PPRA's website www.ppra.go.ke

3.8 Tenderers that are state-owned enterprises or institutions may be eligible to compete and
be awarded a Contract(s) only if they are (i) a legal public entity of the state
Government and/or public administration, (ii) financially autonomous and not
receiving any significant subsidies or budget support from any public entity or
Government, and (iii) operating under commercial law and vested with legal rights and
liabilities similar to any commercial enterprise to enable it compete with firms in the
private sector on an equal basis. Public employees and their close relatives are not eligible to
participate in the tender.

3.9 Tenderers may be ineligible if their countries of origin (a) as a matter of law or
official regulations, Kenya prohibits commercial relations with that country, or(b) by
an act of compliance with a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations, Kenya prohibits any
import of goods or contracting for supply of goods or services from that country, or any
payments to any country, person, or entity in that country. A tenderer shall provide such
documentary evidence of eligibility satisfactory to the Procuring Entity, as the Procuring
Entity shall reasonably request.

3.10 Tenderers shall provide the qualification information statement that the tenderer
(including all members of a joint venture and subcontractors) is not associated, or
have been associated in the past, directly or indirectly, with a firm or any of its
affiliates which have been engaged by the Procuring entity to provide consulting services for the
preparation of the design, specifications, and other documents to be used for the
procurement of the goods under this
Invitation for tenders.

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

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

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

4. Eligible Goods and Related Services

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

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

4.3 The term ―origin‖ means the country where the goods have been mined, grown,
cultivated, produced, manufactured or processed; or, through manufacture,
processing, or assembly, another commercially recognized article results that differs

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 substantially in its basic characteristics from its components.

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

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

5. Sections of Tendering Document

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

PART : Tendering Procedures

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

PART 2: Supply Requirements

v) Section V - Schedule of Requirements

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

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

viii) Section VIII- Contract Forms

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

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

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

6. Clarification of Tendering Document

6.1 A Tenderer requiring any clarification of the Tender Document shall contact the
Procuring Entity in writing at the Procuring Entity's address specified in the TDS or
raise its enquiries during the pre-Tender meeting if provided for in accordance with ITT
6.4. 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
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 accordance with ITT 5.3, including a description of the inquiry but without identifying its
source. If so 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 following the procedure under ITT 7.

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

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

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

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

7. Amendment of Tendering Document

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

7.2 Any addendum issued shall be part of the tendering document and shall be
communicated in writing to all who have obtained the tender document from 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 7.1.

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

C. Preparation of Tenders

8. Cost of Tendering

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

9. Language of Tender

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

10. Documents Comprising the Tender

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10.1 The Tender shall comprise the following:

a) Form of Tender prepared in accordance with ITT11;

b) Price Schedules: completed in accordance with ITT 11 and ITT 13;

c) Tender Security or Tender-Securing Declaration, in accordance with ITT 18.1;

d) Alternative Tender: if permissible, in accordance with ITT12;

e) Authorization: written confirmation authorizing the signatory of the Tender to commit

the
Tenderer, in accordance with ITT19.3;

f) Qualifications: documentary evidence in accordance with ITT 16.2 establishing the

Tenderer qualifications to perform the Contract if its Tender is accepted;

g) Tenderer Eligibility: documentary evidence in accordance with ITT16.1 establishing the

Tenderer eligibility to tender;

h) Eligibility of Goods and Related Services: documentary evidence in accordance with ITT 15,
establishing the eligibility of the Goods and Related Services to be supplied by the Tenderer;

i) Conformity: documentary evidence in accordance with ITT15.2 that the Goods and
Related Services conform to the tender document; and

j) any other document required in the TDS.

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

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

11. Form of Tender and Price Schedules

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

12. Alternative Tenders

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

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

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

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

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

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

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

13.7 The terms EXW, CIP, CIF, DDP and other similar terms shall be governed by the
rules prescribed in the current edition of Incoterms, published by the International
Chamber of Commerce.

13.8 Prices shall be quoted as specified in each Price Schedule included in Section IV,
Tendering Forms. The disaggregation of price components is required solely for
the purpose of facilitating the comparison of Tenders by the Procuring Entity. This shall
not in any way limit the Procuring Entity's right to contract on any of the terms offered. In
quoting prices, the Tenderer shall be free to use transportation through carriers
registered in any eligible country. Similarly, the Tenderer may obtain insurance
services from any eligible country in accordance with ITT 3.6, Eligible Tenders. Prices shall
be entered in the following manner:

a) For Goods manufactured in Kenya:

I) the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom,
or off- the- shelf, as applicable) final destination point indicated in the TDS, including
all customs duties and sales and other taxes already paid or payable on the
components and raw material used in the manufacture or assembly of the Goods;

ii) any sales tax and other taxes which will be payable in Kenya on the Goods if the
Contract is awarded to the Tenderer; and

iii) the price for inland transportation, insurance, and other local services required to
convey the Goods to their final destination specified in the TDS.

b) For Goods manufactured outside Kenya, to be imported:

i) the price of the Goods, quoted CIP named place of destination, in Kenya, as specified in the TDS;
ii) the price for inland transportation, insurance, and other local services required to
convey the Goods from the named place of destination to their final destination specified in the
TDS;

c) For Goods manufactured outside Kenya, already imported:

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i) the price of the Goods, including the original import value of the Goods; plus, any
mark- up (or rebate); plus, any other related local cost, and custom duties and other
import taxes already paid or to be paid on the Goods already imported;

ii) the custom duties and other import taxes already paid (need to be supported with
documentary evidence) or to be paid on the Goods already imported;

iii) any sales and other taxes levied in Kenya which will be payable on the Goods if the
Contract is awarded to the Tenderer; and

iv) the price for inland transportation, insurance, and other local services required to
convey the Goods from the named place of destination to their final destination (Project Site)
specified in the TDS.

d) for Related Services, other than inland transportation and other services required to
convey the Goods to their final destination, whenever such Related Services are
specified in the Schedule of Requirements, the price of each item comprising the
Related Services (inclusive of any applicable taxes).
14. Currencies of Tender and Payment
14.1 The currency (ies) of the Tender, the currency (ies) of award and the currency (ies) of
contract payments shall be the same.
14.2 The Tenderer shall quote in Kenya shillings. If allowed in the TDS, the Tenderer may
express the Tender price in any currency, provided it shall use no more than two
foreign currencies in addition to the Kenya Shilling.
14.3 The rates of exchange to be used by the Tenderer shall be based on the
exchange rates provided by the Central Bank of Kenya on the date 30 days prior to the
actual date of tender opening.
15. Documents Establishing the Eligibility and Conformity of the Goods and Related Services
15.1 To establish the eligibility of the Goods and Related Services in accordance with ITT
15, Tenderers shall complete the country of origin declarations in the Price Schedule
Forms, included in Section IV, Tendering Forms.
15.2 To establish the conformity of the Goods and Related Services to the tendering
document, the Tenderer shall furnish as part of its Tender the documentary evidence that
the Goods conform to the technical specifications and standards specified in Section VII,
Schedule of Requirements.
15.3 The documentary evidence may be in the form of literature, drawings or data, and shall
consist of a detailed item by item description of the essential technical and
performance characteristics of the Goods and Related Services, demonstrating
substantial responsiveness of the Goods and Related Services to the technical
specification, and if applicable, a statement of deviations and exceptions to the
provisions of the Section VII, Schedule of Requirements.
15.4 The Tenderer shall also furnish a list giving full particulars, including available
sources and current prices of spare parts, special tools, etc., necessary for the
proper and continuing functioning of the Goods during the period specified in the TDS
following commencement of the use of the goods by the Procuring Entity.
15.5 Standards for workmanship, process, material, and equipment, as well as references to
brand names or catalogue numbers specified by the Procuring Entity in the Schedule of
Requirements, are intended to be descriptive only and not restrictive. The Tenderer may offer
other standards of quality, brand names, and/or catalogue numbers, provided that it
demonstrates, to the Procuring Entity's satisfaction, that the substitutions ensure
substantial equivalence or are superior to those specified in the Section VII, Schedule of
Requirements.
16. Documents Establishing the Eligibility and Qualifications of the Tenderer
16.1 To establish Tenderer eligibility in accordance with ITT 4, Tenderers shall
complete the Form of Tender, included in Section IV, Tendering Forms.
16.2 The documentary evidence of the Tenderer qualifications to perform the Contract if its
Tender is accepted shall establish to the Procuring Entity's satisfaction:
a) that, if required in the TDS, a Tenderer that does not manufacture or produce the
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 Goods it offers to supply shall submit the Manufacturer's Authorization using the
form included in Section IV, Tendering Forms to demonstrate that it has been duly
authorized by the manufacturer or producer of the Goods to supply these Goods in Kenya;

b) that, if required in the TDS, in case of a Tenderer not doing business within the
Kenya, the Tenderer is or will be (if awarded the Contract) represented by an
Agent in the country equipped and able to carry out the Supplier's maintenance,
repair and spare parts-stocking obligations prescribed in the Conditions of Contract
and/or Technical Specifications; and

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

17. Period of Validity of Tenders

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

17.2 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 18, it shall also be extended for a
corresponding period. A Tenderer may refuse the request without forfeiting its
Tender Security. A Tenderer granting the request shall not be required or permitted to
modify its Tender, except as provided in ITT 17.3.

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

18. Tender Security

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

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

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

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

outside Kenya, the issuing non-Bank financial institution shall have a
correspondent financial institution located in Kenya to make it enforceable unless the

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

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

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

18.7 The Tender Security of the successful Tenderer shall be returned as promptly as
possible once the successful Tenderer has signed the Contract and furnished the required
Performance Security.

18.8 The Tender Security may be forfeited or the Tender Securing Declaration executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity specified by
the Tenderer in the Form of Tender, or any extension thereto provided by the Tenderer; or
b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 45; or
ii) furnish a Performance Security in accordance with ITT 46.

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

18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of
the JV that submits the Tender. If the JV has not been legally constituted into a
legally enforceable JV at the time of Tendering, the Tender Security or Tender-Securing
Declaration shall be in the names of all future members as named in the letter of intent
referred to in ITT3.1 and ITT 10.2.

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

19. Format and Signing of Tender

19.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in
ITT 11 and clearly mark it ―ORIGINAL.‖ Alternative Tenders, if permitted in
accordance with ITT 12, shall be clearly marked ―ALTERNATIVE.‖ In addition, the
Tenderer shall submit copies of the Tender, in the number specified in the TDS and
clearly mark them―COPY.‖ In the event of any discrepancy between the original and the
copies, the original shall prevail.

19.2 Tenderers shall mark as ―CONFIDENTIAL‖ information in their Tenders which is

confidential to their business. This may include proprietary information, trade
secrets, or commercial or financially sensitive information.

19.3 The original and all copies of the Tender shall be typed or written in indelible ink and
shall be signed by a person duly authorized to sign on behalf of the Tenderer. This
authorization shall consist of a written confirmation as specified in the TDS and shall be
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 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 initialled by the person signing the Tender.

19.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of the
JV on behalf of the JV, and so as to be legally binding on all the members as evidenced
by a power of attorney signed by each members' legally authorized representatives.

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

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

20.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may use
an envelope, package or container. The Tenderer shall deliver the Tender in a single sealed
envelope, or in a single sealed package, or in a single sealed container bearing the name and
Reference number of the Tender, addressed to 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
c) if alternative Tenders are permitted in accordance with ITT 12, and if relevant:
i) in an envelope or package or container marked ―ORIGINAL –ALTERNATIVE TENDER‖, the
alternative Tender; and
ii) in the envelope or package or container marked ―COPIES- ALTERNATIVE TENDER‖, all
required copies of the alternative Tender.

20.2 The inner envelopes or packages or containers shall:

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

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

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

21. Deadline for Submission of Tenders

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

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

22. Late Tenders

22.1 The Procuring Entity shall not consider any Tender that arrives after the
deadline for submission of Tenders. 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.

23. Withdrawal, Substitution, and Modification of Tenders

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

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

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

24. Tender Opening

24.1 Except as in the cases specified in ITT 23, the Procuring Entity shall, at the Tender
opening, publicly open and read out all Tenders received by the deadline at the date, time
and place specified in the TDS in the presence of Tenderers' designated
representatives who choose to attend, including to attend any specific electronic
tender opening procedures if electronic tendering is permitted in accordance with ITT
21.1, shall be as specified in the TDS.

24.2 First, envelopes marked ―WITHDRAWAL‖ shall be opened and read out and the
envelope with the corresponding Tender shall not be opened, but returned to the
Tenderer. If the withdrawal envelope does not contain a copy of the ―power of
attorney‖ confirming the signature as a person duly authorized to sign on behalf of the
Tenderer, the corresponding Tender will be opened. No Tender withdrawal shall be permitted
unless the corresponding withdrawal notice contains a valid authorization to request the
withdrawal and is read out at Tender opening.

24.3 Next, envelopes marked ―SUBSTITUTION‖ shall be opened and read out and
exchanged with the corresponding Tender being substituted, and the substituted
Tender shall not be opened, but returned to the Tenderer. No Tender substitution shall be
permitted unless the corresponding substitution notice contains a valid authorization to request
the substitution and is read out at Tender opening.

24.4 Next, envelopes marked ―MODIFICATION‖ shall be opened and read out with the corresponding
Tender. No Tender modification shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is read out at Tender opening.

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24.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of
the Tenderer and whether there is a modification; the total Tender Prices, per lot
(contract) if applicable, including any discounts and alternative Tenders; the presence or
absence of a Tender Security, if required; and any other details as the Procuring
Entity may consider appropriate.

24.6 Only Tenders, alternative Tenders and discounts that are opened and read out at
Tender opening shall be considered further for evaluation. The Form of Tender and
pages of the Bills of Quantities are to be initialed by the members of the tender
opening committee attending the opening. The number of representatives of the
Procuring Entity to sign shall be specified in the TDS.

24.7 The Procuring Entity shall neither discuss the merits of any Tender nor reject any
Tender (except for late Tenders, in accordance with ITT 22.1).

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

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

E. Evaluation and Comparison of Tenders

25. Confidentiality

25.1 Information relating to the evaluation of Tenders and recommendation of contract

award, shall not be disclosed to Tenderers or any other persons not officially
concerned with the tendering process until the information on Intention to Award the
Contract is transmitted to all Tenderers in accordance with ITT 41.

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

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

26. Clarification of Tenders

26.1 To assist in the examination, evaluation, comparison of the Tenders, and qualification
of the Tenderers, the Procuring Entity may, at its discretion, ask any Tenderer for a
clarification of its Tender. Any clarification submitted by a Tenderer in respect to its
Tender and that is not in response to a request by 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 30.

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

27. Deviations, Reservations, and Omissions

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

a) ―Deviation‖ is a departure from he requirements specified in the Tendering document;

b) ―Reservation‖ is the setting of limiting conditions or withholding from complete

acceptance of the requirements specified in the tendering document; and

c) ―Omission‖ is the failure to submit part or all of the information or documentation

required in the tendering document.

28. Determination of Responsiveness

28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based

on the contents of the Tender itself, as defined in ITT28.2.

28. A substantially responsive Tender is one that meets the requirements of the tendering
document without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:

a) if accepted, would:

i) affect in any substantial way the scope, quality, or performance of the Goods and Related
Services specified in the Contract; or

ii) limit in any substantial way, inconsistent with the tendering document, the Procuring
Entity's rights or the Tenderer obligations under the Contract; or

b) if rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.

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

28.3 If a Tender is not substantially responsive to the requirements of tendering 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.
29. Non-conformities, Errors and Omissions

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

29.2 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 of time, to rectify nonmaterial non- conformities or omissions
in the Tender related to documentation requirements. Such omission shall not
be related to any aspect of the price of the Tender. Failure of the Tenderer to comply
with the request may result in the rejection of its Tender.

30. 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

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 reflect the price of a missing or non-conforming item or component in the manner
specified in the TDS. The adjustment shall be based on the average price of the
item or component as quoted in other substantially responsive Tenders. If the
price of the item or component cannot be derived from the price of other substantially
responsive Tenders, the Procuring Entity shall use its best estimate.

31. Arithmetical Errors

31.1 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.

31.2 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, 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.

30.2 Tenderers shall be notified of any error detected in their bid during
the notification of a ward.
32. Conversion to Single Currency

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

33. Margin of Preference and Reservations

33.1 A margin of preference may be allowed on locally manufactured goods only

when the contract is open to C i t i z e n contractors, where the tender is likely
to attract foreign goods and where the contract exceeds the threshold specified in
the Regulations.

33.2 For purposes of granting a margin of preference on locally manufactured g o o d s u n d e

r international competitive tendering, a procuring entity shall not subject the items listed below
to international tender and hence no margin of preference shall be allowed. The affected items
are:
a) motor vehicles, plant and equipment which are assembled in Kenya;

b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel,
cement, leather agro-processing, sanitary products, and other goods made in Kenya; or

c) goods manufactured, mined, extracted or grown in Kenya.

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

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

33.5 Where it is intended to reserve a contract to a specific group of businesses (these

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

34. Evaluation of Tenders

34.1 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 Lowest Evaluated Tender. This is the Tender of the Tenderer that meets the qualification
criteria and whose Tender has been determined to be:

a) substantially responsive to the tender documents; and b)

the lowest evaluated price.

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

34.3 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.

34.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to
tender for one or more lots (contracts). Each lot or contract will be evaluated in
accordance with ITT 33.2. The methodology to determine the lowest evaluated tenderer or
tenderers based one lot (contract) or based on a combination of lots (contracts), will be
specified in Section III, Evaluation and Qualification Criteria. In the case of
multiple lots or contracts, tenderer will be will be required to prepare the Eligibility and
Qualification Criteria Form for each Lot.
34.5 The Procuring Entity's evaluation of a Tender will include and consider:
a) in the case of Goods manufactured in Kenya, sales and other similar taxes, which will be
payable on the goods if a contract is awarded to the Tenderer;
b) in the case of Goods manufactured outside Kenya, already imported or to be imported,
customs duties and other import taxes levied on the imported Good, sales and other
similar taxes, which will be payable on the Goods if the contract is awarded to the
Tenderer;

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

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35. Comparison of Tenders

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

36. Abnormally Low Tenders

36.1 An Abnormally Low Tender is one where the Tender price, in combination with other
constituent elements of the Tender, appears unreasonably low to the extent that the
Tender price raises material concerns with the Procuring Entity as to the capability of the
Tenderer to perform the Contract for the offered Tender price.

36.2 In the event of identification of a potentially Abnormally Low Tender by the

evaluation committee, the Procuring Entity shall seek written clarification from the
Tenderer, including a detailed price analyses of its Tender price in relation to the
subject matter of the contract, scope, delivery schedule, allocation of risks and
responsibilities and any other requirements of the tendering document.

36.3 After evaluation of the price analysis, 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.

37. Abnormally High Tenders

36.4 An abnormally high price is one where the tender price, in combination with other
constituent elements of the Tender, appears unreasonably too high to the extent that 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.

36.5 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 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.

36.6 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 relevant Government Agencies to institute an investigation on the
cause of the compromise, before retendering.

38. Post Qualification of the Tenderer

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 38.1 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.

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

38.3 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 cost to make a similar
determination of that Tenderer qualifications to perform satisfactorily.

39. Lowest Evaluated Tender

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

40. Procuring Entity's Right to Accept Any Tender, and to Reject Any orAll Tenders.

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

F. Award of Contract 41.

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

42. Notice of Intention to enter into a Contract

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

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 e) instructions on how to request a debriefing and/or submit a complaint during the standstill
period;

43. Standstill Period

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

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

44. Debriefing by the Procuring Entity

44.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a

Contract referred to in ITT 41, 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.

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

45. Letter of Award

Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill
Period specified in ITT 42, upon addressing a complaint that has been filed within the
Standstill 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.

46. Signing of Contract

46.1 Upon the expiry of the fourteen days of the Notification of Intention to enter into
contract and upon the parties meeting their respective statutory requirements, the
Procuring Entity shall send the successful Tenderer the Contract Agreement.

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

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

47. Performance Security

47.1 Within twenty-one (21) days of the receipt of Letter of Acceptance from the
Procuring Entity, the successful Tenderer, if required, shall furnish the
Performance Security in accordance with the GCC 18, using for that purpose
the Performance Security Form included in Section X, Contract Forms. If the
Performance Security furnished by the successful Tenderer is in the form of a bond, it
shall be issued by a bonding or insurance company that has been determined by the
successful Tenderer to be acceptable to the Procuring Entity. A foreign institution
providing a bond shall have a correspondent financial institution located in Kenya,
unless the Procuring Entity has agreed in writing that a correspondent financial
institution is not required.
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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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47.2 Failure of the successful Tenderer to submit the above-mentioned Performance
Security or sign the Contract shall constitute sufficient grounds for the annulment of the
award and forfeiture of the Tender Security. In that event the Procuring Entity may award
the Contract to the Tenderer offering the next lowest Evaluated Tender.

47.3 Performance security shall not be required for a contract, if so specified in the TDS.

48. Publication of Procurement Contract

Within fourteen days after signing the contract, the Procuring Entity shall
publish and publicize the awarded contract at its notice boards, entity website; and on the
Website of the Authority in manner and format prescribed by the Authority. At the minimum,
the notice shall contain the following information:

a) name and address of 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
opening;

49. Procurement Related Complaint

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

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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 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 Reference Particulars Of Appendix To Instructions To Tenders

A. General
ITT 1.1 The reference number of the Invitation for Tenders is: KGN-GDD-198-2021

The Procuring Entity is: Kenya Electricity Generating Company PLC

The name of the Contract is: TENDER FOR SUPPLY OF TRACER INJECTION
UNIT AND GEOCHEMICAL ANALYZERSFOR GEOTHERMAL DEVELOPMENT
DIVISION
ITT 1.2(a) 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.

ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be maximum 5.
No firm can participate in more than one JV.
ITT 3.7 A list of debarred firms and individuals is available on the PPRA’s website:
www.ppra.go.ke
ITT 3.11 Tenderers shall be required to be to be registered with
https://supplierregistration.kengen.co.ke:4302/slc_selfreg(bD1lbiZjPTMwM
CZkPW1pbg==)/bspwdapplication.do#VIEW_ANCHOR-ROS_TOP and
ensure the “Public Tender” checkbox is ticked so that the login details are sent
to suppliers automatically.

This is For suppliers registering for the first time to enable bidding via e-
procurement portal
B. Contents of Tendering Document
Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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ITT Reference Particulars Of Appendix To Instructions To Tenders
ITT 6.1 For Clarification of Tender purposes only, the Procuring Entity’s address is:
Attention:
Supply Chain Director,
Kenya Electricity Generating Company PLC,
9th Floor, KenGen Pension Plaza II,
Kolobot Road, Parklands,
P.O. Box 47936, 00100
NAIROBI.
[email protected]; cc [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].
ITT 6.3 The questions to reach the Procuring Entity not later than 7 days before the
tender closing date
C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its Tender: as
per Executive order no 2 of 2020 and other specified in the evaluation criteria
ITT 12.1 Alternative Tenders shall not be considered.
ITT 13.5 The prices quoted by the Tenderer shall not be subject to adjustment during the
performance of the Contract.
ITT 13.8 (a) (i) Place of final destination: Delivered Duty Paid (DDP-Olkaria) for local suppliers
and (iii)
ITT 13.8 (a) (iii) Final Destination (Project Site): Olkaria II Power Station
ITT 13.8 (b) (i) Named place of destination, in Kenya is Olkaria II Power Station
13.8 (c) (iv) The place of final destination (Project Site) is Olkaria II Power Station
ITT 14.2 Foreign currency requirements allowed.
ITT 16.2 (a) Manufacturer‘s authorization is: ―required. Manufacturer participating
in this tender shall show proof as manufacturers i.e. MSDS or other declaration
etc.
ITT 17.1 The Tender validity period shall be 126 days.
ITT 17.3 (a) The Number of days beyond the expiry of the initial tender validity period
will be 30 days.
ITT 18.1 Tender Security shall be required.

Tender Security shall be in the amount of Kenya Shillings Eight Hundred

Thousand (KES 800,000.00) valid for 30 days beyond the tender validity period
from any reputable banks registered by the Central Bank of Kenya.
The hard copy of the Original Tender Security clearly labeled should be dropped
at the tender box located on Ground Floor at KenGen, KenGen, RBS building on
or before the tender closing date
ITT 19.3 The written confirmation of authorization to sign on behalf of the Tenderer shall
consist of: a Notarized Power of Attorney
D. Submission and Opening of Tenders
ITT 21.1 For Tender submission purposes only, the Procuring Entity’s address is:
Tender documents Must be submitted through our e-procurement platform found at
www.kengen.co.ke (https://eprocurement.kengen.co.ke:50001/irj/portal

Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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ITT Reference Particulars Of Appendix To Instructions To Tenders

The deadline for Tender submission is:

Date: 16th December 2021

Time: 2.00 p.m.
ITT 24.1 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: 16th December 2021
Time: 2.30 p.m.

Note; In an effort to curb the spread of the COVID-19 pandemic the

following measures shall apply:
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.
The tender opening shall be conducted in a spacious environment
and observing a social distance of at least 1.5 meters away from each
other.
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]
ITT 24.6 The number of representatives of the Procuring Entity to sign is 3

E. Evaluation and Comparison of Tenders

Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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ITT Reference Particulars Of Appendix To Instructions To Tenders
ITT 31.1 Where other currencies are used, the procuring entity will convert these
currencies to Kenya Shillings using the selling exchange rate on the date of
tender closing provided by the Central Bank of Kenya before comparing all the
responsive tenders.
ITT 32.3 A margin of preference and/or reservation shall not apply
Preliminary Examination
Tender sum as submitted and read out during tender opening is absolute and
shall not be subject to correction, adjustment or amendment on any way
Sec.82 of PPADA 2015,Subject to section
79(2)(b) of the Act, any error 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 substance of the tender and shall
lead to disqualification of the tender as non-responsive.
Due Diligence
KenGen may at its own discretion conduct due diligence on the eligible
bidders to establish their ability to perform the contract before award of the
contract.
F. Award of Contract
ITT 47.3 Performance security shall be at 10% of the Contract Price where the
contract value is above five million shillings.
ITT 49.1 The procedures for making a Procurement-related Complaint are detailed in the
“Notice of Intention to Award the Contract” herein and are also available from
the PPRA Website www.ppra.go.ke.

Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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 SECTION III - EVALUATION AND QUALIFICATION CRITERIA
1. General Provisions

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

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

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 that all documents are uploaded to the c-folder of the
SRM System through the link https://eprocurement.kengen.co.ke:50001/irj/portal
‘Technical RFx response’. Responses documents attached to the ‘notes and
attachments’ tab will not be considered for evaluation.

 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.

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
  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] before the tender closing date and time.

2. Evaluation of Tenders (ITT 33)

2.1 Successful Tender or Tenders

The Procuring Entity shall use the criteria and methodologies listed in this
Section to evaluate Tenders. By applying these criteria and methodologies, the
Procuring Entity shall determine the successful Tender or Tenders which has/have
been determined to:
a) be substantially responsive to the tender documents;
b) offer the lowest evaluated cost to the Procuring Entity for all items of Goods to be
procured based on either a single Contract or all multiple Contracts combined, as
the case may be, in accordance with the ITT 13.6 inviting Tender prices and
discounts, and provisions made of the Tender Document for evaluation of tenders and
award of contract (s); and
c) be offered by Tenderer or Tenderers that substantially meet the qualification
criteria applicable for Contract or combined Contracts for which they are selected.
2.2 Evaluation of Tenders
Preliminary examination for Determination of Responsiveness
The Procuring Entity will start by examining all tenders to ensure they meet in all respects the
eligibility criteria and other mandatory requirements in the ITT, and that the
tender is complete in all aspects in meeting the requirements provided for in the
preliminary evaluation criteria outlined below. The S t a n d a r d T e n d e r
E v a l u a t i o n Report Document for Goods and Works for evaluating Tenders provides
very clear guide on how to deal with review of these requirements. Tenders that do not
pass the Preliminary Examination will be considered non-responsive and will not be
considered further.

No MANDATORY REQUIREMENTS

MR 1 Copy of Registration Certificate /Certificate of Incorporation of Incorporation.

MR 2 Valid copy of the business permit /or equivalent from country of origin.
MR 3 Company profile.
MR 4 Valid tax compliance certificate/Pin Certificate.
MR 5 Tender validity duration 126 days from the date of opening.
MR 6 Tender Security in the amount of Kenya Shillings Eight Hundred
Thousand (KES. 800,000.00) valid for 30 days beyond the tender validity period
from any reputable banks registered by the Central Bank of Kenya.

The Original Tender Security clearly labeled should be dropped at the tender box
located on Ground Floor at KenGen, KenGen, RBS building on or before the
tender closing date
MR 7 Confidential Business Questionnaire duly filled, signed & stamped.
MR8 Duly filled and signed and stamped Form of Tender.

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
 MR 9 Duly filled and signed and stamped price schedule.
MR 10 Duly filled and stamped Addendum(s)/Clarification(s) issued must be attached
(Where Applicable).
MR 11 The Tender MUST be submitted be in the required format and serialized on each page of the
bid submitted, Sec.74.1.i. of the PPADA, 2015.
MR 12 The tender has been duly signed by the person lawfully authorized to do so through the
Tender specific Power of Attorney.
MR 13 Provide proof of Authorization from manufacturer by providing a Manufacturer‘s
Authorization Letter each item quoted (if bidder is not the manufacturer). To be addressed to
the Procuring Entity.
MR 14 All documents shall be uploaded to the c-folder of the SRM System through the link
‘Technical RFx response’. No responses/documents shall be attached to the ‘notes and
attachments’ tab as they will not be considered for evaluation.

As stated in the registration and submission process

MR 1 Duly filled signed and stamped Self Declaration form that the tenderer is not debarred in the
matter of PPADA 2015.
MR 16 Duly filled signed and stamped Self Declaration form that the tenderer will not engage in
any corrupt or Fraudulent Practice.
MR 17 Duly filled signed and stamped Certificate of Independent Tender Determination
MR 18 Duly filled signed and stamped Declaration and Commitment to the Code of Ethics
MR 19 Duly filled signed and stamped Tenderer Information Form
MR 20 Warranty period of the Parts must be indicated. Minimum required. Warranty
period is 12 Months - from installation date (from first use).
MR 21 All items in the schedule must be quoted to be considered responsive.
MR 232 Annual Accounts
The audited financial statements by a registered audit firm for the last 3 years shall be
submitted and must demonstrate the current soundness of the Bidder’s financial position
and its prospective long term profitability
MR 23 Financial ratios Current Ratio 1:1
Debt to Equity Ratio of less than 2.33 times
Positive net worth in their audited balance sheet
At least one year out of the recent three years of positive Profit before Tax

2.2.1 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.
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.

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
 Bidder must demonstrate conformance to the 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.

No. Item description Bidders ‘response

(Yes/ No)
TR 1 Provided technical datasheets detailing the design data and performance
characteristic for the components offered.
TR 2 Compliance with technical specifications requested for in the tender.
TR 3 Manufacturer’s guarantee attesting to the quality of the products
offered.

Bidders must be responsive on ALL the above parameters to be considered qualified for financial evaluation.

 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.
Consideration of the prevailing market price and value for money

PRICE EVALUATION

Consistent with and in addition to the criteria listed in ITT 33.3 and ITT 29.3; and ITT 34 and
its subparagraphs the following criteria shall apply:

STAGE 3. FINANCIAL EVALAUATION

Financial evaluation shall involve checking completeness of financial bids.

Financial evaluation shall be based on quoted price.

 The audited financial statements by a registered audit firm for the last 3 years shall be
submitted.
 Demonstrate the current soundness of the Bidder‘s financial position and its prospective long-
term profitability based on the Financial ratios.
 Current Ratio 1:1
 Positive net worth in their audited balance sheet At least one year out of the recent three years of
positive Profit before Tax.
 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.
 Consideration of the prevailing market price and value for money.
 Tender sum as submitted and read out during tender opening as per the form of
tender is absolute and final and shall not be subject to correction, adjustment or
amendment.
 All prices must be inclusive of all the applicable taxes.
 Award shall be based on the Total Lowest evaluated price per schedule.

STAGE 4. DUE DILLIGENCE

KenGen may, prior to award of the tender, conduct due diligence on the recommended bidder to ascertain
the information provided in their bid document.

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
SECTION IV - TENDERING FORMS

Form of Tender Tenderer Information

Form T e n d e r e r JV Members Information Form

Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule:
Goods Manufactured outside Kenya, already imported Price Schedule:
Goods Manufactured in Kenya Price and Completion Schedule – Related Services
Form of Tender Security – Demand Guarantee
Form of Tender Security (Tender Bond)

Form of Tender-Securing Declaration

Manufacturer's Authorization Form

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
 FORM OF TENDER

INSTRUCTIONS TO TENDERERS
i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly
showing the Tenderer's complete name and business address.
ii) All italicized text is to help Tenderer in preparing this form.
iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
and the SELF DECLARATION OF THE TENDERER attached to this Form of Tender.
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
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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal
Development Division
 TDS 21.1 (as amended, if applicable), and it shall remain binding upon us and may be
accepted at any time before the expiration of that period;

(h) Performance Security: If our Tender is accepted, we commit to obtain a performance security
in accordance with the Tendering document;
i) One Tender per tenderer: We are not submitting any other Tender(s) as an individual
tenderer, and we are not participating in any other Tender(s) as a Joint Venture member,
or as a subcontractor, and meet the requirements of ITT 3.9, other than alternative Tenders
submitted in accordance with ITT 12;

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) We, the Tenderer, have completed fully and signed the following Forms as part of our
Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in any
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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal
Development Division
 conflict to interest.
b) Certificate of Independent Tender Determination – to declare that we completed the tender
without colluding with other tenderers.
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage
in any form of fraud and corruption.
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.

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal
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 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
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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development
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 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]

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 SELF-DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE

MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015.

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

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

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

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

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

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

information and belief.

…………………………. …………………..…. ………………………

(Title) (Signature) (Date)

Bidder Official Stamp

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 FORM SD2

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

CORRUPT OR FRAUDULENT PRACTICE

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

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

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

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

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

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

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

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

…………………………… ………………...… ……………………

(Title) (Signature) (Date)

Bidder’s Official Stamp

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 DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

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

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

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

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

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

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

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

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

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

(Company Seal/ Rubber Stamp where applicable)

Witness

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

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

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

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 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)

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APPENDIX 1- FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

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

2. Requirements

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

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

6) An employee, agent or member described in subsection (1) who refrains from

doing anything prohibited under that subsection, but for that subsection, would
have been within his or her duties shall disclose the conflict of interest to the
procuring entity;

7) If a person contravenes subsection (1) with respect to a conflict of interest

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

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

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

• deliberately destroying, falsifying, altering, or concealing of evidence

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

• acts intended to materially impede the exercise of the PPRA's or the

appointed authority's inspection and audit rights provided for under
paragraph 2.3 e. below.

b) Defines more specifically, in accordance with the above procurement Act

provisions set forth for fraudulent and collusive practices as follows:

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

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

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

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

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 TENDERER INFORMATION FORM

[The tenderer shall fill in this Form in accordance with the instructions indicated
below. No alterations to its format shall be permitted and no substitutions shall be
accepted.]
Date: ………………………………………… [insert date (as day, month and year) of
Tender submission]

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

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

alternative] Page of_ pages

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

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

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

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

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

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

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

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 TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

a) Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one

form for each entity if Tender is a JV. Tenderer is further reminded that it is
an offence to give false information on this Form.

A. Tenderer’s details

ITEM DESCRIPTION
1 Name of the Procuring Entity
2 Name of the Tenderer
3 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.
4 Reference Number of the Tender

5 Date and Time of Tender Opening

6 Current Trade License No and Expiring date

7 Maximum value of business which the
Tenderer handles.
8

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

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 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 (Equivalent) ……………………………

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares

owned
1
2
3

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

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

If yes, provide details as follows.

Names of Person Designation in the Interest or

Procuring Entity Relationship with
Tenderer
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 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,
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 Type of Conflict Disclosure If YES provide details of
YES OR the relationship with
NO 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 Contract.
9 Has the conflict stemming
from such relationship
stated in item 7 and 8 above
been resolved in a manner
acceptable to the Procuring
Entity throughout the
tendering process and
execution of the Contract?

(f) Certification

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

Full Name________________________________________________

Title or Designation________________________________________

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 (Signature) (Date)

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 TENDERER’S JV MEMBERS INFORMATION FORM

[The tenderer shall fill in this Form in accordance with the instructions indicated
below. The following table shall be filled in for the tenderer and for each member of a
Joint Venture]].
Date:.................................[insert date (as day, month and year) of Tender submission].

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

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

Page of pages

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

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

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

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 Price Schedule Forms

[The tenderer shall fill in these Price Schedule Forms in accordance with the instructions indicated.
The list of line items in column 1 of the Price Schedules shall coincide with the List of Goods and
Related Services specified by the Procuring Entity in the Schedule of Requirements.]

PRICE SCHEDULE OF GOODS

No. Description Q Unit Unit Price Total Price

ty
1 Tracer Injection Unit 1 Piece

2 Atomic Absorption Spectrophotometer 1 Piece

3 UV-VIS Spectrophotometer and ICP E 2 Piece

4 Capillary and Packed Gas Chromatograph 1 Piece

SUB-TOTAL

Discount (%) if any

Other Charges e.g. transport, handling, etc

Add 16% VAT

Total Cost Delivery and Duty Paid (DDP) to Olkaria Power Station
Country of Origin

Currency of Tender

Delivery period (in months)

Tenderer’s name (Company) _______________________________________________

Signature & Rubber-stamp _____________________________Date_________________

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

Beneficiary:
Request forTenders No: Date:

TENDER GUARANTEE No.:

Guarantor:

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

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

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

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

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

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

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

[signature(s)]

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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
 FORM OF TENDER SECURITY (TENDER BOND)

[The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.]

BOND NO.

1. BY THIS BOND....................................[name of tenderer] as Principal (hereinafter called

―the Principal‖), and................... [name, legal title, and address of surety],authorized to transact
business in [name of country of Procuring Entity], as Surety (hereinafter called ―the
Surety‖), are held and firmly bound unto.............................. [name of Procuring Entity] as
Obligee (hereinafter called
―the Procuring Entity‖) in the sum of..................................[amount of Bond]1[amount in words],
for the payment of which sum, well and truly to be made, we, the said Principal and Surety,
bind ourselves, our successors and assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Principal has submitted or will submit a written Tender to the Procuring
Entity dated the day of , 20 , for the supply
of [name of Contract] (hereinafter called the ―Tender‖).

3. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal:
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 Surety 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. The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 30 days after the date of expiration of the Tender Validity Period set forth
in the Principal's Letter of Tender or any extension thereto provided by the Principal.

5. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this day of 20 .

Principal: Corporate Seal (where appropriate) Surety:

(Signature) (Signature)

(Printed name and title) (Printed name and

title)

1The amount of the Bond shall be denominated in the currency Kenya shillings or the
equivalent amount in a freely convertible currency.
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Tender for Supply of Tracer Injection Unit and Geochemical Analyzers for Geothermal Development Division
 FORM OF TENDER-SECURING DECLARATION (NOT APPLICABLE)

[The Bidder shall complete this Form in accordance with the instructions
indicated] Date:..............................[insert date (as day, month and year) of
Tender Submission] Tender No.:...........................................[insert number of
tendering process]

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

Purchaser] I/We, the undersigned, declare that:
1. I/We understand that, according to your conditions, bids must be supported by a Tender-Securing
Declaration.

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

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

4. I/We understand that if I am/we are/in a Joint Venture, the Tender Securing Declaration
must be in the name of the Joint Venture that submits the bid, and the Joint Venture has not
been legally constituted at the time of bidding, the Tender Securing Declaration shall be in
the names of all future partners as named in the letter of intent.
Signed:……………………………………………………………………..………...................................
Capacity / title (director or partner or sole proprietor, etc.) ……….……………….
Name:…………………………………………………………………….........................................

Duly authorized to sign the bid for and on behalf of: .................................................[insert
complete name of Tenderer]. Dated on ....................................................... day of
....................................................... [Insert date of signing].

Seal or stamp.

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MANUFACTURER’S AUTHORIZATION FORM

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

submission] ITT No.:.......................[insert

number of ITT process]

Alternative No.:.......................[insert identification No if this is a Tender

for an alternative]

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

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

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

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

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

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

Dated on day of , [insert date of signing]

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PART 2: SUPPLY REQUIREMENTS

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Section V - Schedule of Requirements

Notes for Preparing the Schedule of Requirements

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

The objective of the Schedule of Requirements is to provide sufficient information to enable

tenderers to prepare their Tenders efficiently and accurately, in particular, the Price
Schedule, for which a form is provided in Section IV. In addition, the Schedule of Requirements,
together with the Price Schedule, should serve as a basis in the event of quantity variation at
the time of award of contract pursuant to ITT 42.1.
The date or period for delivery should be carefully specified, taking into account (a) the
implications of delivery terms stipulated in the Instructions to tenderers pursuant to
the Incoterms rules that
―delivery takes place when goods are delivered to the final place of delivery, and
(b) the date prescribed herein from which the Procuring Entity's
delivery obligations start (i.e., notice of award, contract signature, opening or confirmation of the
letter of credit).

No. Description Qty Unit

1 Tracer Injection Unit 1 Piece

2 Atomic Absorption Spectrophotometer 1 Piece

3 UV-VIS Spectrophotometer and ICP E 2 Piece

4 Capillary and Packed Gas Chromatograph 1 Piece

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3. Technical Specifications

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

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

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

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

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

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

vi) Standards for equipment, materials, and workmanship specified in the

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

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

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

3.2 To encourage tenderers' innovation in addressing sustainable procurement requirements,

as long as the Tender evaluation criteria specify the mechanism for monetary
adjustments for the purpose of Tender comparisons, tenderers
may be invited to offer Goods that exceeds the specified minimum sustainable

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 procurement requirements.
i) Detailed tests required (type and number).
ii) Other additional work and/or Related Services required to achieve full
delivery/completion.
iii) Detailed activities to be performed by the Supplier, and participation of the
Procuring Entity thereon.
iv) List of detailed functional guarantees covered by the Warranty and the
specification of the liquidated damages to be applied in the event that such
guarantees are not met.

3.3 The TS shall specify all essential technical and performance

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

3.5 If a summary of the Technical Specifications(TS) has to be provided,

the Procuring Entity shall insert information in the table below. The
tenderer shall prepare a similar table to justify compliance with the
requirements.

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

Item No Name of Goods or Technical Specifications and Standards

Related Service
[insert item No] [insert name] [insert TS and Standards]

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 TECHNICAL SPECIFICATIONS

DETAILS OF TECHNICAL REQUIREMENT

SCHEDULE 1: TRACER INJECTION UNIT

Tracer injection unit (Specifications)

No Description Requirements

 Rated Max brake Horsepower 600BHP

 Maximum Rod load……100,000lbf
 Stroke length(mm)…..152.4
Triplex plunger  Gear ratio ….4.6:1
1 pump  Plunger diameter (mm)……….. 114.3
 Number of pistons…..3
 Pump weight………4,600lbs
 Max .Displacement (L/Min)...2111
 Max Working Pressure(MPa)…116.1
 Diesel driven Water cooled Engine with at least 600HP Rated
Horsepower
2  Diesel reservoir at least 300L
Power pack
 Coupled with suitable hydraulic transmission with maximum
input 447KW (600HP)
 Hydraulic pump with reservoir
3
Control System  Must have pump and engine control console
 Must have 2500lts metallic tank for mixing tracer
4
Mixing tank  Mode of agitation - Hydraulic driven in tank batch agitator/mixer
 Hydraulic driven Recirculation centrifugal pump with Minimum
suction diameter 3 inch
 Must come with 2inch high pressure flexible hose (can withstand
116.1MPa) with total length of 20M.
5
Accessories  6 set of chiksan swivel joint assembly.
 Must come with 2inch/schedule 40 chiksan (20M total length)
 Two 100W LED flood lights 24v/D for night operations

6
Mounting Chassis  The entire pump set up must be mounted on a 2-axial trailer.
7
Commissioning  Commissioning and training staff on how operate and maintain is
a must.

SCHEDULE 2: ATOMIC ABSORPTION SPECTROPHOTOMETER

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No. Description
1 Atomic Absorption Spectrophotometer
Technical Specifications;
a. Auto sampler system
b. System: Flame / furnace Function: Zero-point detection, auto rinse, auto diagnosis,
random access Maximum reagent / sample positions: Reagents: 8 positions, samples:
60 positions
c. Graphite furnace atomizer.
d. Power source: 220-240V/50hz
e. 3kva Ups
f. Dual atomizer system
g. Hydride vapour generator
h. Analogue output cable
i. Hollow cathode lamps
j. Atomic muffle furnace(electronic cell heater)
k. Mounting adaptor
l. Mercury vaporizer unit
m. Computer with 23inch screen( i7,12gb ram,1tb rom, windows 11 with installed AAS
program)
n. Desk top Printer
o. Exhaust fan complete with hood
p. Air compressor(0.4Mpa)complete with mist separator ,regulator , gauges, stainless
steel tube
q. Argon gas 0.4Mpa ( with 10Cum cylinder) complete with regulator and stainless
steel tubes
r. Dinitrogen Oxidizer gas 0.4Mpa (with 10CuM cylinder) complete with regulator
and stainless steel tube
s. Acetylene gas 0.11Mpa (with 8CuM cylinder) complete with regulator and stainless
steel tube.
t. Install, commission and train the Lab technician staffs on how to operate,
troubleshoot and maintenance.
u. To come with all necessary accessories
v. Supply with critical spares.
w. Comes with 1 years warrant.
SCHEDULE 3: UV-VIS SPECTROPHOTOMETER AND ICP EMISSION SPECTROMETER

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No. Description

1 UV-VIS Spectrophotometer

Hardware Specifications

Wavelength range -190 to 1,100 nm

Spectral bandwidth-1 nm (190 to 1,100 nm)
Wavelength display-0.1 nm increments
Wavelength setting-0.1 nm increments (1 nm increments when setting scanning range)
Wavelength accuracy-± 0.05 nm at D2 peak 656.1 nm, ± 0.3 nm for entire range,
Wavelength repeatability-± 0.1 nm
Wavelength slew rate-About 14,500 nm/min
Wavelength scanning speed-3,000 to 2 nm/min, 29,000 nm/min when survey scanning
Lamp interchange wavelength- Automatic interchange linked to wavelength. The interchange
wavelength can be set freely in the range of 295 to 364 nm (0.1 nm increments).
Stray light- Less than 0.02% at 220 nm (NaI), Less than 0.01% at 340 nm (NaNO2), Less than
0.5% at 198 nm (KCl)
Photometric system- Double beam optics
Photometric range- Absorbance: -4 to 4 Abs, Transmittance: 0% to 400%
Photometric accuracy- ± 0.002 Abs at 0.5 Abs, ± 0.0025 Abs at 1.0 Abs, ± 0.006 Abs at 2.0
Abs (measured using NIST930D/NIST1930 or equivalent.)
Photometric repeatability- Less than ± 0.0001 Abs at 0.5 Abs, Less than ± 0.0001 Abs at 1 Abs
Less than ± 0.0005 Abs at 2 Abs
Baseline stability- Less than 0.0003 Abs/Hr (700 nm, one hour after light source turned ON)
Baseline flatness-Less than ± 0.0006 Abs (1,100 to 190 nm, one hour after light source turned
ON)
Noise level- Less than 0.00003 Abs (700 nm)
Light source- 20-W halogen lamp and deuterium lamp, Built-in light source auto position
adjustment
Monochromator- LO-RAY-LIGH grade blazed holographic grating in Czerny-Turner mounting
Detector- Silicon photodiode

Sample compartment -Internal dimensions: W110 × D250 × H115 mm, Distance between
light beams: 100 mm
Power requirements – AC 220-240 V, 50/60 Hz, 140 VA
Output device -USB memory (optional) Data files saved in text format or UVPC format.
UVPC-format files can be read directly by UVProbe and Lab SolutionsTM UV-Vis.
PC compatibility -UVProbe software (standard) LabSolutions UV-Vis software (optional)
External control possible via USB.
Display - 24-bit color touch screen

Software specifications
 Automatic setting of measurement mode after instrument initialization.
 Selection of displayed number of decimal places Absorbance: 3 or 4 decimal places
Transmittance: 1 or 2 decimal places.

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  Number of files that can be saved (built-in memory) Measurement parameters: 100
files max. Tabular data: 15 files max. Curve data: 16 files max. Validation condition:
10 files max. Validation result: 3 files max.
 PC control: Spectrophotometer can be controlled by an external PC. This function is also used
when performing operation with the standard UVProbe software and the optional Lab
Solutions UV-Vis software provided.
 Computer with 23inch screen( i7,12gb ram,1tb rom, windows 11 with installed UV-VIS
program)
 Desk top Printer
 3Kva ups
 To come with all necessary accessories.

 Install, commission and train the Lab technician staffs on how to operate, troubleshoot
and maintenance.

 Supply with critical spares.

 Comes with 1 years warrant

ICP Emission Spectrometer

Specifications

Plasma Light Source

 Torch unit - Axial observation

 Plasma torch – mini torch and conventional torch

 Nebulizer – Coaxial type

Radio Frequency generator

 Oscillator sample – Crystal oscillator

 Crystal Oscillator – 1.6 Kw

 Output stability – within 0.3 %

 Radio frequency circuit element – Transistor element

 Ignition method – Full automatic

 Load matching – Automatic matching

 Computer with 23inch screen( i7,12gb ram,1tb rom, windows 11 with installed ICP
program)

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  Desk top Printer
 3Kva ups
 220v ac power input
 To come with all necessary accessories.

 Install, commission and train the Lab

staff on how to operate, troubleshoot and maintenance.

 Supply with critical spares.

 Comes with 1years warrant

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 SCHEDULE 4: CAPILLARY AND PACKED GAS CHROMATOGRAGH

No. Description

1 Capillary and Packed Gas Chromatograph

Technical Specifications;
a. Column temperatures ; (Room temperature + 10°C) to 400°C
b. Carrier gas control; Digital setting by electronic flow controller (AFC)
c. Sample injector; Dual for packed, single for packed, split/splitless, direct injection
d. Detectors; FID, TCD, ECD, FPD, FTD
e. Display; 240 × 320 dot graphics display (30 characters × 16 lines)
f. Able to analyse NCGs (methane, oxygen, nitrogen, hydrogen etc)
g. Computer with 23inch screen( i7,12gb ram,1tb rom, windows 11 with installed GC
program)
h. Desk top Printer
i. 3Kva ups
j. 220v ac power input
k. To come with all necessary accessories.

l. Install, commission and train the Lab

staffs on how to operate, troubleshoot and maintenance.

m. Supply with critical spares.

n. Comes with 1years warrant

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Inspections and Tests

The following inspections and tests shall be performed: ..........................................

[insert list of inspections and t e s t s ]

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PART 3 - CONDITIONS OF CONTRACT
AND CONTRACT FORMS

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 SECTION VI - GENERAL CONDITIONS OF CONTRACT
1. Definitions

In the Conditions of Contract (―these Conditions‖), which include Special Conditions,

Parts A and B, and these General Conditions, the following words and expressions shall
have the meanings stated. Words indicating persons or parties include corporations
and other legal entities, except where the context requires otherwise.
a) ―Contract‖ means the Contract Agreement entered into between the Procuring
Entity and the Supplier, together with the Contract Documents referred to therein,
including all attachments, appendices, and all documents incorporated by reference therein.
b) ―Contract Documents‖ means the documents listed in the Contract
Agreement, including any amendments thereto.

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

d) ―Day‖ means calendar day.

e) ―Completion‖ means the fulfilment of the Related Services by the Supplier in

accordance with the terms and conditions set forth in the Contract.
f) ―GCC‖ means the General Conditions of Contract.
g) ―Goods‖ means all of the commodities, raw material, machinery and
equipment, and/or other materials that the Supplier is required to supply to the Procuring
Entity under the Contract.

h) ―Procuring Entity‖ means the Procuring Entity purchasing the Goods and Related Services,
as specified in the SCC.
i) ―Related Services‖ means the services incidental to the supply of the goods, such
as insurance, delivery, installation, commissioning, training and initial maintenance and
other such obligations of the Supplier under the Contract.
j) ―SCC‖ means the Special Conditions of Contract.

k) ―Subcontractor‖ means any person, private or government entity, or a combination of

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

l) ―Supplier‖ means the person, private or government entity, or a combination of

the above, whose Tender to perform the Contract has been accepted by the Procuring
Entity and is named as such in the Contract Agreement.

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

n) ―Laws‖ means all national legislation, statutes, ordinances, and regulations and by-
laws of any legally constituted public authority.
o) ―Letter of Acceptance‖ means the letter of formal acceptance, signed by the
contractor.
Procuring Entity, including any annexed memoranda comprising agreements between and
signed by both Parties.
p) ―Procuring Entity‖ means the Entity named in the Special Conditions of Contract.

2. Interpretation

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

3. Contract Documents

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

4. Fraud and Corruption

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

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

4.1 Entire Agreement

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

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

4.3 Non-waiver

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

indulgence by either party in enforcing any of the terms and conditions of the Contract
or the granting of time by either party to the other shall prejudice, affect, or restrict the
rights of that party under the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or continuing breach of Contract.
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 b) Any waiver of a party's rights, powers, or remedies under the Contract must be
in
writing, dated, and signed by an authorized representative of the party granting such
waiver, and must specify the right and the extent to which it is being waived.

4.4 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity
or enforceability of any other provisions and conditions of the Contract.

5. Language

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

5.2 The Supplier shall bear all costs of translation to the governing language
and all risks of the accuracy of such translation, for documents provided by
the Supplier.
6. Joint Venture, Consortium or Association

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

7. Eligibility

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

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

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

8. Notices
8.1 Any notice given by one party to the other pursuant to the Contract shall be in writing
to the address specified in the SCC. The term ―in writing‖ means communicated in written
form with proof of receipt.
8.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later.
9. Governing Law
9.1 The Contract shall be governed by and interpreted in accordance with the laws of Kenya.
9.2 Throughout the execution of the Contract, the Supplier shall comply with the import
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 of goods and services prohibitions in Kenya:
a) where, as a matter of law, compliance or official regulations, Kenya prohibits
commercial relations with that country or any import of goods from that country or any
payments to any country, person, or entity in that country ; or
b) by an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, Kenya prohibits any import of goods
from that country or any payments to any country, person, or entity.
10. Settlement of Disputes
10.1 The Procuring Entity and the Supplier shall make every effort to resolve amicably
by direct negotiation any disagreement or dispute arising between them under or in
connection with the Contract.
10.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by
such mutual consultation, then either the Procuring Entity or the Supplier may give
notice to the other party of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is given. Any dispute or difference in respect of which
a notice of intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration. Arbitration may be commenced
prior to or after delivery of the Goods under the Contract.

10.2 Arbitration proceedings shall be conducted as follows:

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

10.3 Arbitration Proceedings

10.3.1 Arbitration proceedings with national suppliers will be conducted in

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

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 iii) The Law Society of Kenya

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

10.3.3 Alternative Arbitration Proceedings

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

10.4 Arbitration with Foreign Suppliers

10.4.1 Arbitration with foreign suppliers shall be conducted in accordance with

the arbitration rules of the United Nations Commission on International Trade
Law (UNCITRAL); or with proceedings administered by the International
Chamber of Commerce (ICC) and conducted under the ICC Rules of Arbitration;
by one or more arbitrators appointed in accordance with said arbitration rules.
10.4.2 The place of arbitration shall be a location specified in the SCC; and the
arbitration shall be conducted in the language for communications defined in Sub-
Clause 1.4 [Law and Language].

10.5 Alternative Arbitration Proceedings

Alternatively, the Parties may refer the matter to the Nairobi Centre for
International Arbitration (NCIA) which offers a neutral venue for the conduct
of national and international arbitration with commitment to providing institutional
support to the arbitral process.
10.6 Failure to Comply with Arbitrator's Decision
10.6.1 The award of such Arbitrator shall be final and binding upon the parties.
10.6.1 In the event that a Party fails to comply with a final and binding Arbitrator's decision,
then the other
Party may, without prejudice to any other rights it may have, refer the matter to a
competent court of law.
10.7 Contract operations continue
Not with standing any reference to arbitration
herein,
a) the parties shall continue to perform their respective obligations under the
Contract unless they otherwise agree; and
b) the Procuring Entity shall pay the Supplier any monies due the
Supplier.
11. Inspections and Audit by the Procuring Entity
11.1 The Supplier shall keep, and shall cause its Subcontractors to keep, accurate
and systematic accounts and records in respect of the Goods in such form and
details as will clearly identify relevant time, changes and costs.

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

12. Scope of Supply

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

3. Delivery and Documents

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

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

15.1 Prices charged by the Supplier for the Goods supplied and the Related
Services performed under the Contract shall not vary from the prices quoted by the
Supplier in its Tender, with the exception of any price adjustments authorized in the
SCC.
15.2 Where the contract price is different from the corrected tender price, in order to
ensure the supplier is not paid less or more relative to the contract price (which
would be the tender price), any partial payment valuation based on rates in the
schedule of prices in the Tender, will be adjusted by a plus or minus percentage.
The percentage already worked out during tender evaluation is worked out as
follows: (corrected tender price – tender price)/tender price X 100.

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

Taxes and Duties

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

17.3 If any tax exemptions, reductions, allowances or privileges may be available to

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 the Supplier in Kenya, the Supplier shall inform the Procuring Entity and the Procuring
Entity shall use its best efforts to enable the Supplier to benefit from any such tax
savings to the maximum allowable extent.

7. Performance Security

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

18.2 The proceeds of the Performance Security shall be payable to the Procuring Entity
as compensation for any loss resulting from the Supplier's failure to complete its obligations
under the Contract.
18.3 As specified in the SCC, the Performance Security, if required, shall be denominated in the
currency(ies) of the Contract, or in a freely convertible currency acceptable to
the Procuring Entity; and shall be in one of the formats stipulated by the Procuring
Entity in the SCC, or in another format acceptable to the Procuring Entity.

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

8. Copyright

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

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

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

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

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

10. Subcontracting

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

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

11. Specifications and Standards

22.1 Technical Specifications and Drawings

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

23.1 The Supplier shall provide such packing of the Goods as is required to prevent
their damage or deterioration during transit to their final destination, as indicated
in the Contract. During transit, the packing shall be sufficient to withstand, without
limitation, rough handling and exposure to extreme temperatures, salt and
precipitation, and open storage. Packing case size and weights shall take into
consideration, where appropriate, the remoteness of the goods' final destination and
the absence of heavy handling facilities at all points in transit.
23.2 The packing, marking, and documentation within and outside the packages
shall comply strictly with such special requirements as shall be expressly provided
for in the Contract, including additional requirements, if any, specified in the SCC,
and in any other instructions ordered by the Procuring Entity.

13. Insurance

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

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

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

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

15. Inspections and Tests

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

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

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

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

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

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

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

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

16. Liquidated Damages

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

28. Warranty

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

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

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

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

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

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

29. Patent Indemnity

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29.1 The Supplier shall, subject to the Procuring Entity's compliance with GCC
Sub- Clause 29.2, indemnify and hold harmless the Procuring Entity and its
employees and officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of any nature,
including attorney's fees and expenses, which the Procuring Entity may suffer as a
result of any infringement or alleged infringement of any patent, utility model, registered
design, trademark, copyright, or other intellectual property right registered or otherwise
existing at the date of the Contract by reason of:
a) the installation of the Goods by the Supplier or the use of the Goods in the country
where the Site is located; and
b) the sale in any country of the products produced by the Goods.
Such indemnity shall not cover any use of the Goods or any part thereof other
than for the purpose indicated by or to be reasonably inferred from the Contract,
neither any infringement resulting from the use of the Goods or any part
thereof, or any products produced thereby in association or combination with any
other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract.

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

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

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

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

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

a) the Supplier shall not be liable to the Procuring Entity, whether in

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

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

31. Change in Laws and Regulations

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

32. Force Majeure

32.1 The Supplier shall not be liable for forfeiture of its Performance Security,
liquidated damages, or termination for default if and to the extent that its delay in
performance or other failure to perform its obligations under the Contract is the result
of an event of Force Majeure.
32.2 For purposes of this Clause, ―Force Majeure‖ means an event or situation beyond
the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not
due to negligence or lack of care on the part of the Supplier. Such events may
include, but not be limited to, acts of the Procuring Entity in its sovereign capacity,
wars or revolutions,
fires, floods, epidemics, quarantine restrictions, and freight
embargoes.

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

33. Change Orders and Contract Amendments

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

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

33.3 Prices to be charged by the Supplier for any Related Services that might be needed but
which were not included in the Contract shall be agreed upon in advance by the
parties and shall not exceed the prevailing rates charged to other parties by the Supplier
for similar services.
33.4 Value Engineering: The Supplier may prepare, at its own cost, a value engineering
proposal at any time during the performance of the contract. The value engineering
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 proposal shall, at a minimum, include the following;
a) the proposed change(s), and a description of the difference to the existing contract
requirements;
b) a full cost/benefit analysis of the proposed change(s) including a
description and estimate of costs (including life cycle costs) the Procuring
Entity may incur in implementing the value engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.

33.5 The Procuring Entity may accept the value engineering proposal if the proposal
demonstrates benefits that:
a) accelerates the delivery period; or
b) reduces the Contract Price or the life cycle costs to the
Procuring Entity; or c) improves the quality, efficiency or
sustainability of the Goods; or
d) yields any other benefits to the Procuring Entity, without compromising the
necessary functions of the Facilities.
33.6 If the value engineering proposal is approved by the Procuring Entity and results in:
a) a reduction of the Contract Price; the amount to be paid to the Supplier
shall be the percentage specified in the SCC of the reduction in the
Contract Price; or
b) an increase in the Contract Price; but results in a reduction in life cycle costs due to
any benefit described in
(a) to (d) above, the amount to be paid to the Supplier shall be the full increase in the Contract
Price.

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

34.1 If at any time during performance of the Contract, the Supplier or its subcontractors
should encounter conditions impeding timely delivery of the Goods or completion
of Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify
the Procuring Entity in writing of the delay, its likely duration, and its cause. As
soon as practicable after receipt of the Supplier's notice, the Procuring Entity
shall evaluate the situation and may at its discretion extend the Supplier's time for
performance, in which case the extension shall be ratified by the parties by amendment
of the Contract.

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

7. Termination

35.1 Termination for Default

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

35.2 Termination for Convenience.

a) The Procuring Entity, by notice sent to the Supplier, may terminate the Contract, in whole
or in part, at any time for its convenience. The notice of termination shall specify
that termination is for the Procuring Entity's convenience, the extent to which
performance of the Supplier under the Contract is terminated, and the date
upon which such termination becomes effective.
b) The Goods that are complete and ready for shipment within twenty-eight (28)
days after the Supplier's receipt of notice of termination shall be accepted by the
Procuring Entity at the Contract terms and prices. For the remaining Goods, the
Procuring Entity may elect:
i) to have any portion completed and delivered at the Contract terms and prices; and/or
ii) to cancel the remainder and pay to the Supplier an agreed amount for partially completed
Goods and
Related Services and for materials and parts previously procured by the Supplier.
8. Assignment
36.1 Neither the Procuring Entity nor the Supplier shall assign, in whole or in part,
their obligations under this Contract, except with prior written consent of the other
party.

9. Export Restriction

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

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

Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1.1(h) The Procuring Entity is: Kenya Electricity Generating Company PLC
GCC 4.2 (b) The version edition of Incoterms shall be INCOTERMS 2020
GCC 8.1 For notices, the Procuring Entity’s address shall be:

Attention: Supply Chain Director

Postal address P.O Box 47936 00100 Nairobi, Kenya
Physical Address KenGen Pension Plaza II, 9th Floor, Kolobot Road, Parklands.
Telephone: 0711036000
Electronic mail address: [email protected];
GCC 10.4.2 The place of arbitration shall be Nairobi, Kenya. (Nairobi Centre for International
Arbitration)
GCC 15.1 The prices charged for the Goods supplied and the related Services performed shall
not be adjustable.
Delivery:
The Goods shall be delivered to Olkaria Power Station within six (6) months
from the date of signing of the contract.
Contract Duration is 12 Months.
GCC 16.1 Payment shall be thirty (30) days upon delivery, I n s p e c t i o n and acceptance by
KenGen inspection team.
Payment shall be paid through Electronic Funds Transfer (EFT).

Advance payment is not applicable.

GCC 18.1 A Performance Security shall be required.

Performance Security

Performance security shall be at 10% 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.
GCC 18.3 The Performance Security shall be in the form of: an on-Demand Bank
Guarantee from a bank registered by Central Bank of Kenya‖

The Performance security shall be denominated in the currency of the contract.

GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the Incoterms.

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 Inspection and Test Pre-shipment inspection
consignments subject to Pre-Export Verification of Conformity (PVoC) to
Standards Programme must obtain a Certificate of Conformity (CoC) issued by PvoC
Country Offices Prior to shipment.The Certificate is a mandatory Customs
Clearance
document in Kenya;
Consignments arriving at Kenyan Ports without this document will be denied entry
into the Country.
Since PVoC is a conformity assessment process to verify that products
imported to Kenya are in compliance with the applicable Kenya standards or
approved equivalents, regulations and technical requirements before
shipment, it is the sole responsibility of the supplier (i.e. exporter) to
demonstrate the same and hence meet any associated costs of verification.
GCC 26.2 The Inspections and tests shall be conducted at KenGen premises. However, prior to
shipment of the goods, the supplier will be required to submit detailed designs and
manufacturing datasheets for approval by KenGen engineers. This approval shall
form part of the payment prerequisite documents.
Payment

The method and conditions of payment to be made to the Supplier

under this Contract shall be as follows:

Payment Terms and Conditions

Payment shall be thirty (30) days upon delivery, I n s p e c t i o n , and acceptance.
Local suppliers shall be paid through Electronic Funds Transfer (EFT).
Advance Payment
Advance payment is not applicable.
Resolution of disputes

The procuring entity’s and the contractor shall make every effort to resolve to be
amicably by direct informal negotiations any disagreement or dispute arising between
them under or in connection with the contract
Arbitration

Arbitration where necessary shall be by the Chartered Institute of Arbitrators Kenya

Chapter
Governing Language

The contract shall be written in the English language. All correspondence and other
documents pertaining to the contract, which are exchanged by the parties, shall be
written in the same language.
GCC 27.1 The liquidated damage shall be: 0.5 % per week.
GCC 27.1 The maximum amount of liquidated damages shall be: 10 %
GCC 28.3 The period of validity of the Warranty shall be: 12 months.
For purposes of the Warranty, the place(s) of final destination(s) shall be: Olkaria II
Geothermal Power Plant
GCC 28.5, GCC The period for delivery shall be within Six (6) months.
28.6
Governing Language
The contract shall be written in the English language. All correspondence and other
documents pertaining to the contract, which are exchanged by the parties, shall be
written in the same language

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Taxes a) "Taxes" means all present and future taxes, levies, duties, charges, assessments,
deductions or withholdings whatsoever, including any interest thereon, and any
penalties and fines with respect thereto, wherever imposed, levied, collected, or
withheld pursuant to any regulation having the force of law and "Taxation" shall
be construed accordingly.

b) Local Taxation

i. Nothing in the Contract shall relieve the Contractor and/or his Sub-Contractors
from their responsibility to pay any taxes, statutory contributions and levies that
may be levied on them in Kenya in respect of the Contract.

ii. The Contract Price shall include all applicable taxes and shall not be adjusted for
any of these taxes.

iii. Tax exemption granted under this Contract shall be for an official aid funded
project and shall be as provided under the applicable tax laws in Kenya.

iv. The Contractor shall be deemed to be familiar with the tax laws in the Employer's
Country and satisfied themselves with the requirements for all taxes, statutory
contributions and duties to which they may be subjected during the term of the
Contract. This shall include applicable local or foreign withholding tax, excise
duty, Value Added Tax (VAT), importation duties, Local government taxes, and any
other taxes not mentioned herein.

v. In instances where discussions are held between the Employer and the Contractor
regarding tax matters, this shall not be deemed to constitute competent advice and
hence does not absolve the Contractor of their responsibility in relation to due
diligence on the tax issue as per (i).

c) Tax Deduction

i. If the Employer is required to make a tax deduction by Law, then the deduction
shall be made from payments due to the Contractor and paid directly to the
Kenya Revenue Authority. The Employer shall upon remitting the tax to Kenya
Revenue Authority furnish the Contractor with the relevant tax deduction
certificates.

ii. Where payments for the Contract Price are made directly by the financiers to the
Contractor, the Contractor and the financiers shall make the necessary
arrangements with Employer to ensure that withholding income tax is remitted to
the Kenya Revenue Authority.

d) Tax Indemnity

i. The Contractor shall indemnify and hold the Employer harmless from and against
any and all tax liabilities, which the Employer may incur for any reason of failure
by the Contractor to comply with any tax laws arising from the execution of the
Contract whether during the term of the Contract or after its expiry.

ii. The Contractor warrants to pay the Employer (within fourteen (14) days of demand
by the Employer), an amount equal to the loss, liability or cost which the Employer
determines has been (directly or indirectly) suffered by the Employer for or on
account of the Contractor’s Tax liability arising from the Contract.

Where the amount in (ii) above remains unpaid after the end of the fourteen (14)
days moratorium, the Employer shall be entitled to compensation for financing
charges

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SECTION VIII - CONTRACT FORMS

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

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FORM No. 1: NOTIFICATION OF INTENTION TO AWARD

This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender.
Send this Notification to the Tenderer's Authorized Representative named in the Tender
Information Form on the format below.
------------------------------------------------------------------------------------------------------------
-------------------------------

FORMAT

1. For the attention of Tenderer's Authorized Representative

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

ii) Address: [insert Authorized Representative's Address]
iii) Telephone: [insert Authorized Representative's telephone/fax numbers]
iv) Email Address: [insert Authorized Representative's email address]
[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification
must be sent to all Tenderers simultaneously. This means on the same date and as close to
the same time as possible.]
2. Date of transmission: [email] on [date] (local time)

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

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

ii) Project: [insert name of project]
iii) Contract title: [insert the name of the contract]
iv) Country: [insert country where ITT is issued]
v) ITT No: [insert ITT reference number from Procurement Plan]

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

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

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

a) The successful tenderer

i) Name of successful Tender

ii) Address of the successful Tender

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

b) Other Tenderers

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

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

(Note a) State NE if not evaluated

5. How to request a debriefing

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

6. How to make a complaint

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

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 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 www.ppra.go.ke or email
[email protected].
You should read these documents before preparing and submitting your complaint.
e) There are four essential requirements:
i) You must be an ‘interested party’. In this case, that means a Tenderer who submitted a
Tender in this tendering process, and is the recipient of a Notification of Intention to
Award.
ii) The complaint can only challenge the decision to award the contract.
iii) You must submit the complaint within the period stated above.
iv) You must include, in your complaint, all of the information required to support your
complaint.

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

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

On behalf of the Employer:

Signature: Name: Title/position: Telephone:
Email:

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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

FORM NO. 3 LETTER OF AWARD

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[Use letter head paper of the Procuring Entity]
[Date]
To: [name and address of the Supplier]

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

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

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

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

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FORM NO. 4 - CONTRACT AGREEMENT

[The successful tenderer shall fill in this form in accordance with the instructions indicated]
THIS AGREEMENT made the [insert: number] day of [insert: month], [insert:
year]. BETWEEN (1) [insert complete name of Procuring Entity and having
its principal place of business at [insert: address of Procuring Entity] (hereinafter called
“Procuring Entity”), of the one part; and (2) [insert name of Supplier], a
corporation incorporated under the laws of [insert: country of Supplier] and having its
principal place of business at [insert: address of Supplier] (hereinafter called “the
Supplier”), of the other part.

1. WHEREAS the Procuring Entity invited Tenders for certain Goods and ancillary services,
viz.,

[insert brief description of Goods and Services] and has accepted a Tender by the Supplier
for the supply of those Goods and Services, the Procuring Entity and the Supplier agree as
follows:

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

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

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

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

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

For and on behalf of the Procuring Entity

Signed: [insert signature]

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

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

Supplier

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Signed: [insert signature of authorized representative(s) of the Supplier] in the
capacity of [insert title or other appropriate designation] in the

presence of [insert identification of official witness]

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FORM NO. 5 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [insert name and Address of

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

1. We have been informed that

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

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

performance guarantee is required.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay

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

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

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

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

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 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

Employer] Date: [Insert date of issue]

PERFORMANCE BOND No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]
1. By this Bond____________________________ as Principal (hereinafter called “the
Contractor”) and ] as Surety (hereinafter called “the Surety”),
are held and firmly bound unto ] as Obligee (hereinafter called “the Employer”) in
the amount of for the payment of which sum well and truly to be
made in the types and proportions of currencies in which the Contract Price is payable, the
Contractor and the Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.

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

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

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

5. Any suit under this Bond must be instituted before the expiration of one year from the date

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 of the issuing of the Taking-Over Certificate. No right of action shall accrue on this Bond
to or for the use of any person or corporation other than the Employer named herein or
the heirs, executors, administrators, successors, and assigns of the Employer.

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

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of

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

Beneficiary: ___________________ [Insert

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

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference

number]

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

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

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

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

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

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

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

g) 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]

FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM

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

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 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. 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 Tenderer by meeting one or more of the following conditions:

• Directly or indirectly holding 25% or more of the shares.

• Directly or in directly holding 25% or more of the voting rights.
• Directly or indirectly having the right to appoint a majority of the board of directors or equivalent
governing body of the Tenderer.

Tender Reference No.: [insert identification

no] Name of the Assignment: [insert name of the assignment]
to: [insert complete name of Procuring Entity]

In response to 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

Identity of Beneficial Directly or Directly or Directly or indirectly having the

Owner indirectly indirectly holding right to appoint a majority of the
holding 25% or 25 % or more of board of the directors or an
more of the the Voting Rights equivalent governing body of the
shares (Yes / No) Tenderer
(Yes / No) (Yes / No)

[include full name

(last, middle, first),
nationality, country
of residence]

OR

ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:
directly or indirectly holding 25% or more of the shares. Directly or indirectly holding 25% or
more of the voting rights. Directly or indirectly having the right to appoint a majority of the board
of directors or equivalent governing body of the Tenderer.

OR
We declare that we are unable to identify any Beneficial Owner meeting one or more of the following
conditions. [If this option is selected, the Tenderer shall provide explanation on why it is unable to identify
any Beneficial Owner]

Directly or indirectly holding 25% or more of the shares. Directly or indirectly holding25% or more of
the voting rights.

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Directly or indirectly having the right to appoint a majority of the board of directors or equivalent
governing body of the Tenderer]”

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]

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