WWW Kengen Co Default

KGN-GDD-027-2016
TENDER FOR SUPPLY OF ELECTRICAL TOOLS,

EQUIPMENTS AND PORTABLE LADDERS FOR OLKARIA
GEOTHERMAL POWER STATIONS
(EXCLUSIVE TO REGISTERED GROUPS YOUTH,
WOMEN AND PERSONS WITH DISABILITY)
Kenya Electricity Generating Company Ltd,

Stima Plaza Phase III,
Kolobot Rd, Parklands,
P.O Box 47936 00100.
NAIROBI KENYA.
www.kengen.co.ke
April, 2016
Tender for Supply of Electrical Tools, Equipments and Portable ladders for Olkaria 1
Geothermal Power Stations
SECTION Page
Section A: Invitation for Tenders ..................................................................................... 3

Section B: Instructions to Tenderers ................................................................................ 4
Section C: General Conditions of Contract ..................................................................... 13
Section D: Special Conditions of Contract...................................................................... 18
Section E: Schedule of Requirements and Technical Specifications.............................. 20
Section F: Price Schedules..23
Section G: Tender Form...26
Section H: Tender Security Form.27
Section I: Mandatory Confidential Business Questionnaire..29
Section J: Contract Form36

Section K: Performance Security Form...38
Section L: Manufacturers Authorization Form...............................................................39
2
Tender for Supply of Electrical Tools, Equipments and Portable ladders for Olkaria Geothermal
Power Stations
Section A: Invitation for Tenders
Kenya Electricity Generating Company Limited (KenGen) invites sealed tenders for supply of
Electrical tools, equipments and portable ladders whose specifications are detailed in this
Tender Document.
Interested firms may obtain further information from, and inspect the Tender Document at the
office of:
Supply Chain Director

Kenya Electricity Generating Company Ltd (KenGen)
Ground Floor, Stima Plaza, Phase III
Kolobot Road, Parklands
P.O Box 47936 - 00100
NAIROBI, KENYA
Fax: (254) (020) 3666200;
E-mail: tenders@kengen.co.ke; cc: jgesaka@kengen.co.ke; gkamuya@kengen.co.ke;
A complete set of Tender Document may be obtained by interested candidates upon payment
of a non-refundable fee of Kshs. 1,000.00 (One Thousand Kenya Shillings). The documents
can also be viewed and downloaded from the website www.kengen.co.ke. or
www.suppliers.treasury.go.ke. Bidders are advised to be checking the websites from time to time
before submission date for any uploaded information through clarification/addendum. Bidders who
download the tender document from the website must forward their particulars immediately to
tenders@kengen.co.ke for records and any further tender clarifications and addenda.
Downloaded copies are FREE. Payments may also be made through a Bankers cheque for
Kshs. 1,000.00 submitted together with the tender.
Tenders MUST be accompanied by a TENDER-SECURING DECLARATION and must be

delivered to:
Company Secretary& Legal Affairs Director

Kenya Electricity Generating Company Ltd.
7th Floor, Stima Plaza Phase III
P.O. Box 47936 - 00100
NAIROBI, KENYA
on or before 26th April 2016 at 10.00 A.M
Tenders will be opened the on 26th April 2016 at 10.30 A.M in the presence of tenderers'
representatives who choose to attend in the Executive Room, 7th Floor, Stima Plaza Phase III.
SUPPLY CHAIN DIRECTOR
Section B: Instructions to Tenderers
Introduction
1. Eligible Tenderers
1.1 This Invitation for Tenders is open to exclusive registered Entities, Youth, Women and
Persons with Disability. The successful tenderer shall complete the supply of goods by the
intended completion date specified in the tender document.
1.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices.
2. Cost of Tendering
2.1 The Tenderer shall bear all costs associated with the preparation and submission of its
tender, and KenGen, will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the tendering process.
The Tender Document
3 Contents
3.1 The tender document comprises the document listed below and addenda issued in
accordance with Clause 5 of the Instructions to Tenderers.
(a) Invitation for Tenders

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

Kenya Electricity Generating Company Ltd (KenGen)
Ground Floor, Stima Plaza, Phase III
P.O Box 47936 - 00100
NAIROBI, KENYA
Fax: (254)(020) 3666200;
E-mail: tenders@kengen.co.ke; cc: jgesaka@kengen.co.ke; gkamuya@kengen.co.ke;
KenGen will respond in writing to any request for clarification received no later than Seven (7)
calendar days prior to the deadline of submission of tenders.
5. Amendment of Tender Document

5.1 At any time prior to the deadline for submission of tenders, KenGen, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective
tenderer, may modify the tender document by amendment.
5.2 All prospective tenderers that have downloaded or received the tender document will be
notified of the amendment in writing (email in PDF format or by facsimile), and will be
binding on them.
5.3 In order to allow prospective tenderers reasonable time in which to take the amendment
into account in preparing their tenders, KenGen, at its discretion, may extend the deadline
for the submission of tenders.
Preparation of Tenders
6. Language of Tender
6.1 The tender prepared by the tenderer, as well as all correspondence and document relating to
the tender exchanged by the tenderer and KenGen, shall be written in English. Supporting
document and printed literature furnished by the tenderer may be written in another language
provided they are accompanied by an accurate English translation of the relevant passages
in which case, for purposes of interpretation of the tender, the English translation shall
govern.
7. Document Comprising the Tender

7.1 The tender prepared by the tenderer shall comprise the following components:
(a) a Tender Form and a Price Schedule completed in accordance with Clauses 8, 9
and 10 below; and
(b) tender security furnished in accordance with Clause 11
8. Tender Form
8.1 The tenderer shall complete the Tender Form and the Price Schedule furnished in the tender
document, indicating the goods to be supplied, a brief description of the goods, their
country of origin, quantity and prices.
9. Tender Prices
9.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tender
price of the goods it proposes to supply under the contract.
9.2 For foreign suppliers, tender prices shall be based on Cost & Freight (CFR) to Mombasa
Port with freight charges shown separately. KenGen will meet the freight insurance cost.
9.3 For local suppliers, tender prices shall be Delivered and Duty Paid (DDP) to Olkaria.
9.4 Prices quoted by the tenderer shall be fixed during the tenderers performance of the
contract and not subject to variation on any account. A tender submitted with an
adjustable price quotation will be treated as non-responsive and will be rejected, pursuant
to Clause 21.
10. Tender Currencies

10.1 Prices shall be quoted in Kenya Shillings or in another freely convertible currency.
11. Tenderers Eligibility and Qualifications.

11.1 The tenderer shall furnish, as part of its tender, documents establishing the tenderers
eligibility to tender and its qualifications to perform the contract if its tender is accepted.
11.2 The documentary evidence of the tenderers eligibility to tender shall establish to
KenGens satisfaction that the tenderer, at the time of submission of its tender, is from an
eligible source country.
11.3 The documentary evidence of the tenderers qualifications to perform the contract if its
tender is accepted shall establish to KenGens satisfaction:
(a) that, in the case of a tenderer offering to supply goods under the contract which the
tenderer did not manufacture or otherwise produce, the tenderer has been duly
authorized by the goods Manufacturer or producer to supply the goods;
(b) That the tenderer has the financial, technical, and production capability necessary to
perform the contract.
12. Goods Eligibility and Conformity to Tender Document.

12.1 The tenderer shall furnish, as part of its tender, documents establishing the eligibility and
conformity to the tender documents of all goods, which the tenderer proposes to supply
under the contract.
12.2 The documentary evidence of the eligibility of the goods shall consist of a statement in the
Price Schedule of the country of origin of the goods offered, which shall be confirmed by
a certificate of origin issued at the time of shipment.
12.1 The documentary evidence of conformity of the goods to the tender documents may be in
the form of literature, drawings, and data, and shall consist of:
(a) a detailed description of the essential technical and performance characteristics of the
goods;
(b) A clause-by-clause commentary on KenGens Technical Specifications
demonstrating substantial responsiveness of the goods to those specifications, or a
statement of deviations and exceptions to the provisions of the Technical
Specifications.
13. Tender Security

Not applicable, but bidders must sign a TENDER-SECURING DECLARATION.
14. Validity of Tenders
14.1 Tenders shall remain valid for 90 days or as specified in the tender document after date of
tender opening prescribed by KenGen, pursuant to Clause 20. A tender valid for a shorter
period shall be considered as non-responsive and shall be rejected by KenGen.
14.2 In exceptional circumstances, KenGen may solicit the tenderers consent to an extension
of the period of validity. The request and the responses thereto shall be made in writing
(email in PDF format or by facsimile). The tender security provided under Clause 13 shall
also be suitably extended. A tenderer may refuse the request without forfeiting its tender
security. A tenderer granting the request will not be required nor permitted to modify its
tender.
15. Format and Signing of Tender

15.1 The tenderer shall prepare an Original and Two Copies of the tender, clearly marking each
ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of any
discrepancy between them, the original shall govern.
15.2 The original and copy of the tender shall be typed or written in indelible ink and shall be
signed by the tenderer or a person or persons duly authorized to bind the tenderer to the
contract.
15.3 The tender shall have no interlineation, erasures, or overwriting except as necessary to
correct errors made by the tenderer, in which case such corrections shall be initialed by the
person or persons signing the tender.
Submission of Tenders
16. Sealing and Marking of Tenders

16.1 The tenderer shall seal the original and copies of the tender in separate envelopes, duly
marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed
in an outer envelope.
16.2 The inner and outer envelopes shall:
(a) be addressed to:
Company Secretary and Legal Affairs Director

Kenya Electricity Generating Company Limited
7th Floor, Stima Plaza Phase III
P.O. Box 47936-00100
NAIROBI
(b) Bear, "KGN-GDD-027-2016 - TENDER FOR SUPPLY OF ELECTRICAL

TOOLS, EQUIPMENTS AND PORTABLE LADDERS FOR OLKARIA
GEOTHERMAL POWER PLANTS", and the statement: DO NOT OPEN
BEFORE 26th April 2016 at 10.00 A.M
16.3 The inner envelopes shall also indicate the name and address of the tenderer to enable the
tender to be returned unopened in case it is declared late.
16.4 If the outer envelope is not sealed and marked as required by Clause 16.2, KenGen will
assume no responsibility for the tenders misplacement or premature opening.
17. Deadline for Submission of Tenders

17.1 Tenders must be received by KenGen at the address specified under Clause 16.2 not later
than 26th April 2016 at 10.00 A.M.
17.2 KenGen may, at its discretion, extend this deadline for the submission of tenders by
amending the tender document in accordance with Clause 5, in which case all rights and
obligations of KenGen and tenderers previously subject to the deadline will thereafter be
subject to the deadline as extended.
18. Modification and Withdrawal of Tenders

18.1 The tenderer may modify or withdraw its tender after the tenders submission, provided
that written notice of the modification, including substitution or withdrawal of the tenders,
is received by KenGen prior to the deadline prescribed for submission of tenders.
18.2 The tenderers modification or withdrawal notice shall be prepared, sealed, marked, and
dispatched in accordance with the provisions of Clause 16. A withdrawal notice may also
be sent by cable, but followed by a signed confirmation copy, postmarked not later than
the deadline for submission of tenders.
18.3 No tender will be modified after the deadline for submission of tenders.
18.4No tender will be withdrawn in the interval between the deadline for submission of tenders
and the expiration of the period of tender validity specified by the tenderer on the Tender
Form. Withdrawal of a tender during this interval may result in the tenderers forfeiture of
its tender security, pursuant to Clause 13.7.
19. Alternative Proposals by Tenderers

19.1 Alternative tenders and options shall not be accepted. If alternative proposals or options
are offered, only that item which is marked as being the first proposal or option shall be
evaluated.
Opening and Evaluation of Tenders
20. Opening of Tenders
20.1 KenGen will open all tenders in the presence of tenderers representatives who
choose to attend on 26th April 2016 at 10.30 A.M. The tenderers representatives who are present shall
sign a register evidencing their attendance.
20.2 The tenderers names, tender modifications or withdrawals, tender prices, discounts, and
the presence or absence of requisite tender security and such other details as KenGen, at
its discretion, may consider appropriate, will be announced at the opening.
20.3 KenGen will prepare minutes of the tender opening.
21. Clarification of Tenders

21.1 To assist in the examination, evaluation and comparison of tenders KenGen may, at its
discretion, ask the tenderer for a clarification of its tender. The request for clarification and
the response shall be in writing (email in PDF format or by facsimile), and no change in
the prices or substance of the tender shall be sought, offered, or permitted.
Any effort by the tenderer to influence KenGen in its decisions on tender evaluation, tender
comparison or contract award may result in the rejection of the tenderers tender.
22. Preliminary Examination
22.1KenGen will examine the tenders to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the tenders are generally in
order.
22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail, and the total price shall be corrected. If the tenderer
does not accept the correction of the errors, its tender will be rejected, and its tender security
may be forfeited. If there is a discrepancy between words and figures, the amount in words
will prevail.
22.3 KenGen may waive any minor informality or non-conformity or irregularity in a tender
which does not constitute a material deviation, provided such waiver does not prejudice
or affect the relative ranking of any tenderer.
22.4 Prior to the detailed evaluation, pursuant to Clause 23, KenGen will determine the
substantial responsiveness of each tender to the tender document. For purposes of these
paragraphs, a substantially responsive tender is one, which conforms to all the terms and
conditions of the tender document without material deviations. KenGens determination
of a tenders responsiveness is to be based on the contents of the tender itself without
recourse to extrinsic evidence.
22.4 If a tender is not substantially responsive, it will be rejected by KenGen and may not
subsequently be made responsive by the tenderer by correction of the nonconformity
22.5 Mandatory Preliminary Evaluation Criteria
Manufacturers authorization letter
Evidence of incorporation in the country of domicile i.e. Certificate of
Incorporation/ Registration.
Duly filled and signed Mandatory Confidential Business Questionnaire;
VALID TENDER-SECURING DECLARATION
The Tender validity period shall be 90 days from the date of tender closing.
Valid Tax Compliance Certificate issued by Kenya Revenue Authority (for local
suppliers)
Technical data sheets showing conformity to the technical specifications.
23. Evaluation and Comparison of Tenders
23.1 KenGen will evaluate and compare the tenders, which have been determined to be
substantially responsive, pursuant to clause 21.
f) KenGens evaluation of a tender will exclude and not take into account any allowance
for price adjustment during the period of execution of the contract, if provided in the
tender.
g) KenGens evaluation of a tender will take into account, in addition to the tender price
and the price of incidental services, the following factors:
b) Compliance to the tender requirements pursuant to Clauses 11, 12 and 13;

c) Delivery period offered in the tender. The delivery period should is 2 Months for
foreign suppliers and 4 Months for local suppliers after receipt of letter of credit and
the date of signing the Contract respectively;
d) Tender validity of not less than 90 days;
e) Deviation in payment schedule from that specified in the Special Conditions of
Contract;
f) Compliance to the technical specifications. Documentary evidence to prove that the
equipment offered comply with the Technical Specifications must be provided; and
g) Manufacturers guarantee attesting to the quality of the products offered
h) Schedule A will be evaluated on an item by item basis.
i) The evaluation of Schedule B will be based on the entire schedule
24. Contacting KenGen

24.1Subject to Clause 21, no tenderer shall contact KenGen on any matter relating to its tender,
from the time of the tender opening to the time the contract is awarded.
24.2 Any effort by a tenderer to influence KenGen in its decisions on tender evaluation, tender
comparison, or contract award may result in the rejection of the tenderers tender.
Award of Contract
25. Award Criteria
25.1 Subject to Clauses 7, 8, 9, 11, 13, 22 and 23 KenGen will award the contract to the
successful tenderer(s) whose tender has been determined to be substantially responsive and
has been determined to be the lowest evaluated tender.
Schedule A will be awarded on an item by item basis.
The award of Schedule B will be based on the entire schedule.
26. KenGens Right to Vary Quantities

26.1 KenGen reserves the right at the time of contract award to increase or decrease the
quantity of goods originally specified in the Schedule of Requirements without any
change in unit price or other terms and conditions.
27. KenGens Right to Accept or Reject Any or All Tenders
27.1 KenGen reserves the right to accept or reject any tender, and to annul the tendering process
and reject all tenders at any time prior to contract award, without thereby incurring any
liability to the affected tenderer or tenderers or any obligation to inform the affected
tenderer or tenderers of the grounds for its action.
28. Notification of Award
28.1 Prior to the expiration of the period of tender validity, KenGen will notify the successful
tenderer in writing that its tender has been accepted.
28.2 Upon the successful tenderers furnishing of the performance security pursuant to Clause
30, KenGen will promptly notify each unsuccessful tenderer and will discharge its tender
security, pursuant to Clause 13.
29. Signing of Contract

29.1 At the same time as KenGen notifies the successful tenderer that its tender has been
accepted, KenGen will send the tenderer the Contract Form provided in the tender
document, incorporating all agreements between the parties.
29.2 Within fifteen (15) days of receipt of the Contract Form, the successful tenderer shall sign
and date the contract and return it to KenGen.
30. Performance Security

30.1 Within fifteen (15) days of receipt of the notification of Contract award, the successful
Tenderer shall furnish to the Purchaser the performance security in accordance with the
Performance Security Form provided in the tender document, or in another form acceptable
to KenGen.
30.2 Failure of the successful tenderer to comply with the requirement of Clause 29 or Clause
30 shall constitute sufficient grounds for the annulment of the award and forfeiture of the
tender security, in which event KenGen may make the award to the next lowest evaluated
tenderer or call for new tenders.
31. Corrupt or Fraudulent Practices
31.1 KenGen requires that tenderers observe the highest standard of ethics during the
procurement process and execution of contracts. In pursuance of this policy, KenGen:-
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) corrupt practice means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the procurement process
or in contract execution; and
(ii) fraudulent practice means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of KenGen,
and includes collusive practice among tenderers (prior to or after tender
submission) designed to establish tender prices at artificial non-competitive
levels and to deprive KenGen of the benefits of free and open competition;
(b) will reject a proposal for award if it determines that the tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded any contract if it at any time determines that the firm has engaged in corrupt
or fraudulent practices in competing for, or in executing, a contract.
31.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions of
Contract.
Section C: General Conditions of Contract
1. Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated:
(a) The Contract means the agreement entered into between KenGen and the Supplier,
as recorded in the Contract Form signed by the parties, including all attachments and
appendices thereto and all documents incorporated by reference therein.
(b) The Contract Price means the price payable to the Supplier under the Contract for
the full and proper performance of its contractual obligations.
(c) The Supplier means the individual or firm supplying the goods under this Contract.
(d) The Goods means all of the equipment, machinery, and/or other materials, which
the Supplier is required to supply to KenGen under this Contract.
2. Application
2.1 These General Conditions shall apply in all Contracts made by KenGen for the
procurement of goods.
3. Country of Origin
3.1 For purposes of this Clause, origin means the place where the Goods were manufactured
or produced.
3.2 The origin of the Goods is distinct from the nationality of the Supplier.
4. Standards
4.1 The Goods supplied under this Contract shall conform to the standards mentioned in the
Technical Specifications.
5. Use of Contract Documents and Information

5.1 The Supplier shall not, without KenGens prior written consent, disclose the Contract, or
any provision thereof, or any specification, plan, drawing, pattern, sample, or information
furnished by or on behalf of KenGen in connection therewith, to any person other than a
person employed by the Supplier in the performance of the Contract.
5.2 The Supplier shall not, without KenGens prior written consent, make use of any document
or information enumerated in Clause 5.1 above.
5.3 Any document, other than the Contract itself, enumerated in Clause 5.1 shall remain the
property of KenGen and shall be returned (all copies) to KenGen on completion of the
Suppliers performance obligations under the Contract if so required by KenGen.
6. Patent Rights
6.1 The Supplier shall indemnify KenGen against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the Goods or any part
thereof in Kenya.
13
Power Stations
7.1 Within fifteen (15) days after signing of the Contract award, the Supplier shall furnish to
KenGen the performance security in the amount specified in Special Conditions of
Contract.
7.2 The proceeds of the performance security shall be payable to KenGen as compensation for
any loss resulting from the Suppliers failure to complete its obligations under the Contract.
7.3 The performance security shall be denominated in the currency of the Contract, or in a
freely convertible currency acceptable to KenGen and shall be in the form of a bank
guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or
abroad, acceptable to KenGen, in the form provided in the tender document.
7.4 The performance security will be discharged by KenGen and returned to the Supplier not
later than thirty (30) days following the date of completion of the Suppliers performance
obligations under the Contract, including any warranty obligations, under the Contract.
8. Inspection and Tests

8.1 KenGen or its representative shall have the right to inspect and/or to test the Goods to
confirm their conformity to the Contract specifications. KenGen shall notify the Supplier
in writing, in a timely manner, of the identity of any representatives retained for these
purposes.
8.2 The inspections and tests may be conducted on the premises of the Supplier or its
subcontractor(s), at point of delivery, and/or at the Goods final destination. If conducted
on the premises of the Supplier or its subcontractor(s), all reasonable facilities and
assistance, including access to drawings and production data, shall be furnished to the
inspectors at no charge to KenGen.
8.3 Should any inspected or tested Goods fail to conform to the Specifications, KenGen may
reject the Goods, and the Supplier shall either replace the rejected Goods or make
alterations necessary to meet specification requirements free of cost to KenGen.
8.4 KenGen's right to inspect, test and, where necessary, reject the Goods after the Goods
arrival shall in no way be limited or waived by reason of the Goods having previously been
inspected, tested, and passed by KenGen or its representative prior to the Goods delivery.
8.5 Nothing in Clause 8 shall in any way release the Supplier from any warranty or other
obligations under this Contract.
8.6 All consignments subject to Pre-Export Verification of Conformity (PVoC) to Standards
Programme must obtain a Certificate of Conformity (CoC) issued by PvoC Country Offices
Prior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya;
Consignments arriving at Kenyan Ports without this document will be denied entry into the
Country. Since PVoC is a conformity assessment process to verify that products imported to
Kenya are in compliance with the applicable Kenya standards or approved equivalents,
regulations and technical requirements before shipment, it is the sole responsibility of the
supplier (i.e. exporter) to demonstrate the same and hence meet any associated costs of
verification.
9 Packing
9.1 The Supplier shall provide such packing of the Goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the
Contract.
The packing, marking, and documentation within and outside the packages shall comply
strictly with such special requirements as shall be expressly provided for in the Contract.
10. Delivery and Documents
10.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified
by KenGen in its Schedule of Requirements and the Special Conditions of Contract.
11. Insurance
11.1 The Goods supplied under the Contract shall be fully insured against loss or damage
incidental to manufacture or acquisition, transportation, storage, and delivery in the
manner specified in the Special Conditions of Contract
12. Warranty
12.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the
most recent or current models, and that they incorporate all recent improvements in design
and materials unless provided otherwise in the Contract. The Supplier further warrants
that all Goods supplied under this Contract shall have no defect, arising from design,
materials, workmanship, or from any act or omission of the Supplier, that may develop
under normal use of the supplied Goods in the conditions prevailing in the country.
12.2 The warranty period for the Goods is specified under the Special Conditions of Contract.
12.3 KenGen shall promptly notify the Supplier in writing of any claims arising under this
warranty.
12.4 Upon receipt of such notice, the Supplier shall, within the period specified in the Special
Conditions of Contract, and with all reasonable speed, repair or replace the defective
Goods or parts thereof, without costs to KenGen.
12.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period
specified in 12.4 above, within a reasonable period, KenGen may proceed to take such
remedial action as may be necessary, at the Suppliers risk and expense and without
prejudice to any other rights which KenGen may have against the Supplier under the
Contract.
13. Payment
13.1 The method and conditions of payment to be made to the Supplier under this Contract shall
be specified in Special Conditions of Contract.
13.2 Payments shall be made promptly by KenGen as specified in the Contract.

14. Prices
14.1 Prices charged by the Supplier for Goods delivered under the Contract shall not, with the
exception of any price adjustments authorized in Special Conditions of Contract, vary from
the prices quoted by the Supplier in its tender.
15. Assignment
15.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this
Contract, except with KenGens prior written consent.
16. Subcontracts
16.1 The Supplier shall notify KenGen in writing of all subcontracts awarded under this
Contract if not already specified in the tender. Such notification, in the original tender or
later, shall not relieve the Supplier from any liability or obligation under the Contract.
17. Termination for Default
17.1 KenGen may, without prejudice to any other remedy for breach of Contract, by written
notice of default sent to the Supplier, terminate this Contract in whole or in part:
(a) If the Supplier fails to deliver the Goods within the period(s) specified in the
Contract, or within any extension thereof granted by KenGen.
(b) If the Supplier fails to perform any other obligation(s) under the Contract.
(c) If the Supplier, in the judgment of KenGen has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
17.2 In the event KenGen terminates the Contract in whole or in part, it may procure, upon such
terms and in such manner, as it deems appropriate, Goods similar to those undelivered, and
the Supplier shall be liable to KenGen for any excess costs for such Goods.
18. Liquidated Damages

18.1 If the Supplier fails to deliver the Goods within the period(s) specified in the Contract,
KenGen shall, without prejudice to its other remedies under the Contract, deduct from the
Contract Price, as liquidated damages, a sum equivalent to 0.5% of the delivered price of
the delayed Goods for each week of delay until actual delivery, up to a maximum
deduction of 10% of the delivered price of the delayed Goods. After this KenGen may
consider termination of the Contract.
19. Resolution of Disputes

19.1 KenGen and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement or dispute arising between them under or in connection with
the Contract.
19.2 If, after thirty (30) days from the commencement of such informal negotiations both parties
have been unable to resolve amicably a Contract dispute, either party may require that the
dispute be referred for resolution to formal mechanisms. These mechanisms include, but
are not restricted to, conciliation by a third party, adjudication in an agreed national or
international forum, and/or international arbitration.
20. Language and Law
20.1 The language of the Contract and the law governing the Contract shall be English language
and the Laws of Kenya respectively unless otherwise stated.
21. Force Majeure
21.1 The Supplier shall not be liable for forfeiture of its performance security, or termination for
default if and to the extent that it's delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force Majeure.
Section D: Special Conditions of Contract
1. Definitions
The Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot
Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legal
representatives, successors or assigns.
2. Application
The following Special Conditions of Contract shall supplement the General Conditions of
Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the
General Conditions of Contract.
The Performance Security shall be in the amount of 10% of the Contract Price.
4. Inspections and Tests
All consignments subject to Pre-Export Verification of Conformity (PVoC) to Standards

Programme must obtain a Certificate of Conformity (CoC) issued by PvoC Country Offices
Prior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya;
Consignments arriving at Kenyan Ports without this document will be denied entry into the
Country. Since PVoC is a conformity assessment process to verify that products imported to
Kenya are in compliance with the applicable Kenya standards or approved equivalents,
regulations and technical requirements before shipment, it is the sole responsibility of the
supplier (i.e. exporter) to demonstrate the same and hence meet any associated costs of
verification.
10. Delivery Period
The delivery period is 2Months for foreign suppliers and 4Months for local suppliers after
receipt of letter of credit and the date of signing the Contract respectively
13. Payment Terms and Conditions
Local Suppliers
KenGens payment terms are 30 days upon receipt of certified invoices and delivery notes
confirming that the invoiced material has been delivered and is in accordance with the contract.
Payment shall be made through KenGens cheque or telegraphic transfer for the amount of
contract. The terms shall be:-
i. Strictly Delivered and Duty Paid (DDP) to Olkaria.

ii. Local suppliers who request for Letters of Credit (hereinafter abbreviated as LC) shall be
required to meet all the LC costs. Indicative costs levied by the banks include opening
18
Power Stations
charges: about 0.475% per quarter, confirming charges: about 0.5% and any amendment
charges. The number of LC extensions shall be limited to a maximum of two (2) only,
but not exceeding one quarter (3 months) each, at the cost of the Supplier.
Foreign Suppliers
Payment shall be through an LC under the following conditions:-
i. Payment shall be effected upon presentation of a complete set of shipping documents to

the advising bank as will be stipulated in the Letter of Credit (LC).
ii. The Supplier shall be required to meet all LC bank charges incurred in their country;
while KenGen will meet those incurred in Kenya.
iii. Any extension and or amendment charges and other costs that may result from the
Suppliers delays, requests, mistakes or occasioned howsoever by the Supplier shall be
to the Suppliers account.
iv. The number of LC extensions shall be limited to a maximum of two (2) only, but not
exceeding one quarter (3 months) each, at the cost of the Supplier.
v. Should the Supplier require a confirmed LC, then all confirmation and any other related
charges levied by both the Suppliers and KenGens bank shall be to the Suppliers
account.
vi. The LC shall be opened only for the specific order within the validity period of the
contract.
vii. LCs shall be partial for partial deliveries or full for one delivery as per the contract.
viii. The Supplier shall be required to submit a Proforma Invoice for each lot or schedule
for use in the placement of order and opening of the LC. The Proforma Invoice shall be
on total Cost and Freight (CFR) basis showing the freight charges separately from the
Free on Board (FOB) cost. KenGen will meet the Freight Insurance cost.
ix. A copy of the Performance Security, stamped and certified as authentic by KenGen,
whose expiry date should not be less than 30 days from the LC expiry date, shall
form part of the documents to be presented to the bank before any payment is made.
Advance Payment
Advance payment is not applicable.
14. Prices
Prices shall be fixed during the Suppliers performance of the Contract and not subject to
variation on any account.
Section E: Technical Specifications and Price Schedule
KenGen intends to procure tools, equipments and portable ladder for use in maintenance of
the Olkaria Geothermal area power plants
Among the technical requirements are:
a) Brand or country of origin must be indicated.
b) Bidders must attach a catalogue indicating the tools they intend to supply and highlight
the relevant picture/description of the items that meet our specifications.
c) The winning bidder must supply the brand that is highlighted in the submitted catalogue
failure to which will lead to rejection during inspection of the delivery.
d) All the products to be supplied shall not be less than those required in the specifications.
Deviations from the requirements, if any, shall be explained in detail in writing, with
supporting literature. The procuring entity reserves the right to reject products, if such
deviations shall be found critical to the use and operation of the products.
The Technical specification contains two SCHEDULES. Evaluation will be done based
on the following criteria;
i. Schedule A will be evaluated and awarded on an item by item basis.

ii. The evaluation and award of Schedule B will be based on the entire schedule
Notes Applicable to All Schedules:
1. The Goods to be supplied must be new and unused.
2. Relevant descriptive literature of the instrument spares showing conformity to technical
specifications shall be provided with the bid. Irrelevant literature downloaded from the
Internet is not acceptable.
3. If there is a discrepancy between words and figures, the amount in words shall prevail. If
there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail, and the total price shall
be corrected.
20
Power Stations
SCHEDULE A: SUPPLY OF TOOLS AND EQUIPMENTS
SUPPLY OF TOOLS AND EQUIPMENT FOR OLKARIA GEOTHERMAL AREA
Table 1: Tools and equipments
No ITEM DESCRIPITION UO QTY UNIT TOTAL REMARKS
M PRIC
E
1 Combination Pliers 7 Pc 10
2 Standard Metric Allen Key ring set. Set 5
1.5mm-12mm (10 pc set)
3 Standard Imperial Allen Key ring set. Set 5
1/16-3/8 (10pc set)
4 Standard Metric Allen Key ring set Set 3
10mm-19mm (10 pc set)
5 Standard Imperial Allen Key ring set Set 3
1/16-1 (19pc set)
6 5 Tray standard lockable metal tool box Pc 10
complete with fitting tamper proof pad
locks
7 Extension cable reels as per; Pc 5
Cable Length: 50m
Voltage:230-240V
Cable section:3X1.5mm2
Cable type: PVC
Sockets:4
Equipped with thermal trip
Wound on a medium size composite
drum
Capacity wound:1000-1500W
Capacity unwound:2800-3500W
8 24 -30 piece 13mm DR Metric bi-

hexagonal socket spanner set c/w; Set 6
Standard 10mm-32mm range sizes
Long and short extension bars
150/250mm & 75/125mm
Universal joint
Sliding T-handle of 300mm
Ratchet handle
Speed brace
Chrome vanadium construction
9 11-16 piece bi-hexagonal socket spanner
set c/w; Set 4
Standard 22mm-60mm range size
Long and short extension bars 150mm &
75mm
Universal joint
Sliding T-handle
Ratchet handle (1/2)
10 Adjustable wrenches; Pc 10
Drop forged chrome vanadium steel
Length :12
Jaw opening:1.5-2
11 Pipe wrenches 18 Pc 4
12 Fine adjustment vernier caliper c/w; Pc 2
Range :12
Full scale accuracy : + 0.03 mm
Graduation :0.02/0.01mm/inch
Capable of external, internal depth and
step measurements
Dual inch/metric
Fine adjustment feature allowing
improved sensitivity
13 32 piece metric combination spanners set Set 20

Size range:6-36mm
14 Infrared thermometer c/w; Pc 5
Temperature range:-60C-620C
Distance to spot ratio: At least
16:1
Measurement mode: maximum
temperature
Auto-shut off feature in < 30 S
Operating environment limits :0-
50C at 10-95% relative humidity
Full range accuracy:+ 2%
Laser class : 2
Response time :<1000ms
High LCD display resolution
Battery life:>18 hours
Packaged in a sturdy carry case
15 Imaging Infrared Thermometer c/w Pcs 2
Temperature range: -25C to 380C
Distance to spot ratio: 24:1
Response time: 150 milliseconds
Image resolution: 4800 pixels
Thermal imaging sensitivity: 150mK
Saved image format: Bitmap image with
temperature and Emissivity.
Battery: Rechargeable via Micro USB
Lithium-ion battery
Battery life: > 8-hrs
16 6 piece pliers set with carry case Pc 5
consisting of:
1X flat nose
1X Bent nose
1 X Long nose
1 X needle nose
1 X diagonal cutters
1 X End cutters
17 Insulated Phillips Screw driver set Set 2
6pc set
Screw drivers tested to 10,000V
Industrial grade- suitable for
working 1000Va.c
Chrome vanadium steel bar
Soft grip handle
Large diameter handle
SIZES: Slotted 2.5mm X 50mm,
3.5mm X 75mm, 5.5mm X
150mm, Philips PH1 X 100mm,
PH2 X 125mm, Voltage Tester
18 Electric handheld dust blower Pc 5
19 Watchmakers Screw driver set Sets 5

11 piece parallel and cross point
set (or equivalent)
magnetized
20 Insulated Cable knives Pc 4

21 Heavy duty wire stripping, cutting and Pc 4
crimping tool with automatic wire stripper
22 Digital Multi-meters
IP 67 (Water and Dust Pc 10
Protection)
Can withstand at least 3m drop
Backlit display
Continuity and diode test
functionality
Rubber holster
23 Digital Clamp meter

Carry case Pc 5
Hold button
DC/AC Current and Voltage
measurement
Continuity detection
Backlit display
Resistance measurement up to
40k
24 Phase Rotation indicator - handheld
3 phase rotation direction Pc 2
Indication
Contact-less detection
Clear LCD display
25 Insulation Resistance Tester
5000V Test Voltage capability Pc 5
Selectable test voltages
Long battery life (at least 700
tests between charges)
Capacitance and leakage current
measurement
Resistance measurements up to
1T
Measurement storage in
instrument memory
Large backlit display
Hard carry case IP 67 or higher
26 Earth Ground (leakage)Tester Handheld Pc 2
0.20 to 2k Resistance range
3 Pole fall-of potential earth
testing
Large backlit LCD display
Holster included
27 Flexible Magnetic retrieving tools Pcs 10
28 Pneumatic high pressure test pump Pc 1
range -14psi to 3000psi and c/w
Hand tight quick connections
Pneumatic filters and liquid trap
Hydraulic filter
Adapter and fitting, 1/4HP male to
various connectors
29 Transformer test equipment with the
following capabilities. All requisite
accessories must be provided PC 1
Power Factor/Tan-Delta testing to
confirm insulation integrity and quality
Capacitance testing to measure physical
changes that may have occurred to the
apparatus
HV turns ratio testing to detect shorted
turns or winding damage
Leakage reactance/short circuit
impedance testing to evaluate winding
deformation
Single phase excitation current testing to
evaluate transformer magnetizing circuit
Capacitor bank testing to detect
deteriorating or failed capacitors within a
bank
Generates its own precise sine wave test
signal
Self-calibrating in the field
Easy and accurate testing with Doble
Test Assistant software (DTA)
Technical Specifications
Operating Temperature -20 to 50C / -4
to 122F
Dry Heat IEC 60068-2-2
Cold IEC 60068-2-1
Shock & Vibration IEC 60068-2-27, IEC
60068-2-7 & ASTM D999.75
Drop Test EC 60068-2-6
Weight 95 lb / 43 kg
Freely upgradable Software (advanced
package) to be provided with the
equipment
Power Input 95-264 VAC, Auto Sensing
47 to 63 Hz
Should be able to accommodate Inverter
and Portable Generators
16 A max at 110 V
10 A max at 220 V
Should be able to accommodate
GFIC/RCBO Class A & B
Field Verification & Calibration
Integrated Self-Calibration & Verification
Module
3 Resistive Standards
Amplifier Test Range: 7-All Nominal
Test Ranges
Coverage: Watts, Amps, PF/Tan-Delta,
Internal
Source Loss, HV Cable, LV Cable(s)
Safety Features Open Ground Detection
NOTE:
a) BRAND OR COUNTRY OF
ORIGIN MUST BE INDICATED.
b) BIDDERS MUST ATTACH A
CATALOGUE INDICATING THE
TOOLS THEY INTEND TO
SUPPLY.HIGHLIGHT THE
RELEVANT PICTURE OF THE
ITEMS THAT MEET OUR
SPECIFICATIONS.
c) THE WINNING BIDDER MUST
SUPPLY THE BRAND THAT IS
HIGHLIGHTED IN THE
SUBMITTED CATALOGUE
FAILURE TO WHICH WILL LEAD
TO REJECTION DURING
INSPECTION OF THE DELIVERY.
PPD Act 2005 Section 35

We the bidder declares that: -
i. No debarment has occurred in procurement proceeding
ii. Shall not engage in any corrupt practice
TENDERERS NAME: _________________________________________________
TENDERERS SIGNATURE: ___________________________________________
COMPANY'S RUBBER STAMP: ________________________________________
TENDER VALIDITY PERIOD: __________________________________________
PRICE SCHEDULES FOR TOOLS AND EQUIPMENTS
SCHEDULE A: SUPPLY OF TOOLS AND EQUIPMENT FOR OLKARIA GEOTHERMAL
AREA
Table 2: Price schedule for tools and equipments
FOR LOCAL SUPPLIERS

Sub-Total
Discount (%) if any
Other Charges e.g. transport, handling
Total Cost to Olkaria Power Station
Country of Origin
Currency of Tender
Delivery Period
FOR OVERSEAS SUPPLIERS

Sub-Total
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CPT) Jomo Kenyatta International Airport,
Nairobi
Country of Origin
Currency of Tender
Delivery Period
SCHEDULE B: SUPPLY OF PORTABLE LADDER
Technical Specifications for Portable ladder

Table 3: Technical specifications for Portable ladders
No. Name Specifications Unit Quantity
required
1. Wooden Heavy duty steel reinforced wooden 2
Ladder section sliding extension ladder with a
Piece 5
closed height of 5.4M and extended height
of 9.8M
2. Aluminum step ladder c/w;

Aluminum Piece 8
Ladder Step:3
Maximum capacity:150-180kg
Maximum reach height:2.8-3.2m
Base width: 0.4-0.5m
3. Aluminum step ladder c/w; Piece 10
Aluminum Steps:5
Ladder Maximum capacity:150-180kg
Aluminum step ladder c/w; Piece 5
4.
Aluminum Steps:7
Ladder Maximum capacity:150-180kg
PRICE SCHEDULE FOR THE PORTABLE LADDERS
SCHEDULE B: PRICE SCHEDULE FOR THE PORTABLE LADDERS

Table 4: Price schedule for the Portable ladders
Item Description Quantity Unit Price Total
Cost
1 Heavy duty steel reinforced wooden 4 Pcs
ladder
2 3 Step Aluminum Ladder 8 Pcs
FOR LOCAL SUPPLIERS

Sub-Total
Discount (%) if any
Other Charges e.g. transport, handling
Total Cost to Olkaria Power Station
Country of Origin
Currency of Tender
Delivery Period
FOR OVERSEAS SUPPLIERS

Sub-Total
Discount (%) if any
Air / Sea freight charges to Nairobi / Mombasa Port
Other Charges (if any)
Total Cost & Freight (CPT) Jomo Kenyatta International Airport,
Nairobi
Country of Origin
Currency of Tender
Delivery Period
TENDERERS NAME: _______________________________________________
TENDERERS SIGNATURE___________________________________________
COMPANY'S RUBBER STAMP_________________________________________
Section F: Tender Form
To: Kenya Electricity Generating Company Limited,

Stima Plaza Phase III, Kolobot Road, Parklands,
P.O Box 47936-00100,
NAIROBI. Kenya.
Gentlemen and/or Ladies:
1. Having examined the Tender Document, the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to supply .(description of
Goods) in conformity with the said Tender Document for the sum of
..........................................................................................................
(total tender amount in words and figures) or such other sums as may be ascertained in
accordance with the Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver the Goods in accordance with the
delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to
10% percent of the Contract Price for the due performance of the Contract, in the form
prescribed by KenGen.
4. We agree to abide by this Tender for a period of 90days from the date fixed for Tender
opening under Clause 19 of the Instructions to Tenderers, and it shall remain binding upon
us and may be accepted at any time before the expiration of that period.
5. Until a formal Contract is prepared and executed, this Tender, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
6. We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this ________________ day of ________________ 2016.
[signature] [in the capacity of]
Duly authorized to sign Tender for and on behalf of
Section G: TENDER-SECURING DECLARATION FORM
{To be filled in Bidders letter head}
[The Bidder shall complete in this Form in accordance with the instructions indicated]
Date: [insert date (as day, month and year)]
Tender No.: [insert number of Tendering process]
To: Kenya Electricity Generating Company Limited
We, the undersigned, declare that:
1. We understand that, according to your conditions, Tenders must be supported by a

Tender-Securing Declaration.
2. We accept that we will automatically be suspended from being eligible for Tendering in
any contract with the Procuring Entity 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
Tender conditions, because we:-
a) Have withdrawn our Tender during the period of Tender validity specified in the Form
of Tender; or
b) Having been notified of the acceptance of our Tender by the Procuring Entity during
the period of Tender validity,
(i). Fail or refuse to execute the Contract, if and when required, or
(ii). Fail or refuse to furnish the Performance Security, in accordance with the ITT.
2. We understand this Tender Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of:-
(i) Our receipt of your notification to us of the name of the successful Bidder; or
(ii) Thirty days after the expiration of our Tender.
3. We understand that if we are 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: [insert signature of person whose name and capacity are shown] in the capacity of [insert legal
capacity of person signing the Tender Securing Declaration]
Name: [insert complete name of person signing the Tender Securing Declaration]
Duly authorized to sign the Tender for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
Corporate Seal (where appropriate)
32
Power Stations
Section H: Mandatory Confidential Business Questionnaire
(Must be filled by all applicants or tenderers who choose to participate in this tender)
Name of Applicant (S)
You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c),
whichever applies to your type of business. Part 2 (d) to part 2(i) must be filled.
You are advised that giving wrong or false information on this Form will lead to automatic
disqualification / termination of your business proposal at your cost.
Part 1 General
Business Name:......
Certificate of Incorporation / Registration No.
Location of business premises: Country ...
Physical address .Town

.
BuildingFloor
..
Plot No. Street / Road

....
Postal Address .Postal / Country

Code
Telephone Nos Fax Nos.

.
E-mail address
..Website.
Contact Person (Full Names)

.
Direct / Mobile Nos.

..
Title Power of Attorney (Yes / No). If Yes, attach

written document.
Nature of Business (Indicate whether manufacturer, distributor, etc)

...
(Applicable to Local suppliers only)

Local Authority Trading License No. Expiry Date
Value Added Tax No..
Value of the largest single assignment you have undertaken to date (US$/KShs)
.
Was this successfully undertaken? Yes / No. . (If Yes, attach

reference)
Name (s) of your banker (s)

..
Branches . Tel Nos.

.
Part 2 (a) Sole Proprietor
Full names
.....
Nationality .. Country of Origin
....
*Citizenship
details.....
Company Profile . (Attach brochures or annual reports in case of

public companies)
Part 2 (b) Partnerships
Give details of partners as follows:
Full Name Nationality Citizenship Details Shares

1
2
3
4
Company Profile .(Attach brochures)
Part 2 (c) Registered Company
Private or public .
Company Profile (Attach brochures or annual reports in case of public

companies)
State the nominal and issued capital of the Company
Nominal KShs ...
Issued KShs ...
List of top ten (10) shareholders and distribution of shareholding in the company.
Give details of all directors as follows:-
Full Name Nationality Citizenship Details Shares

1
2
3
4
Part 2 (d) Debarment
I/We declare that I/We have not been debarred from any procurement process and shall not
engage in any fraudulent or corrupt acts with regard to this or any other tender by
KenGen and any other public or private institutions.
Full Names
Signature.
Dated this day of

2016.
In the capacity of

Duly authorized to sign Tender for and on behalf of

Part 2 (e) Criminal Offence
I/We, (Name (s) of Director (s)):-
a) ...
b) ...
c)
d)
have not been convicted of any criminal offence relating to professional conduct or the
making of false statements or misrepresentations as to its qualifications to enter into a
procurement contract within a period of three (3) years preceding the commencement
of procurement proceedings.
Signed.

For and on behalf of M/s

..
In the capacity of
.
Dated this day of

.2016.
Suppliers / Companys Official Rubber Stamp

Part 2 (f) Conflict of Interest
I/We, the undersigned state that I / We have no conflict of interest in relation to this
procurement:
a)
b)
c)
d)

In the capacity of

Dated this day of

.2016

Part 2 (g) Interest in the Firm:
Is there any person / persons in KenGen or any other public institution who has interest in
the Firm? Yes / No? .. (Delete as necessary)
Institution Title Signature Date

1
2
3
4
Part 2(h) Experience
Please list here below similar projects accomplished or companies / clients you have
supplied with similar items or equipments in the last two (2) years.
Company Country Contract/O Value Contact E-mail Cell

Name rder No. person address phone No.
(Full
Names)
1
2
3
4
Note: The contact person should be at the level of director.

Part 2(i) Declaration
I / We, the undersigned state and declare that the above information is correct and that I /
We give Kenya Electricity Generating Company Limited authority to seek any other
references concerning my / our company from whatever sources deemed relevant, e.g.
Office of the Registrar of Companies, Bankers, etc.
Full names

Signature


In the capacity of

Dated this day of

.2016.

*Attach proof of citizenship
* Attach certified copies of the following documents:
a) Previous orders from companies supplied before

b) Certificate of Incorporation / Registration
c) Audited Financial Statements / Accounts for the last two (2) years
d) The Power of Attorney
Section I: Contract Form
THIS AGREEMENT made the................. day of...................................... 2016 between

KenGen of the one part and................................. (name of Supplier) of
.....................................................(city and country of Supplier) (hereinafter called the
Supplier) of the other part:
WHEREAS KenGen invited tenders for the supply of certain goods, viz.,...................
(description of Goods) and has accepted a tender by the Supplier for the supply of
those Goods in the sum of
............................................................................................................
..........................(Contract Price in words and figures) (hereinafter called the
Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract.
2. The following document shall be deemed to form and be read and construed as part of
this Agreement, viz.:
(a) the Tender Form and the Price Schedule submitted by the Supplier;
(b) the Technical Specifications, Schedule of Requirements and Prices;
(c) the General Conditions of Contract;
(d) the Special Conditions of Contract; and
(e) KenGens Notification of Award.
3. In consideration of the payments to be made by KenGen to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with KenGen to provide the Goods and to
remedy defects therein in conformity in all respects with the provisions of the Contract
4. KenGen hereby covenants to pay the Supplier in consideration of the provision of the
Goods and the remedying of defects therein, the Contract Price or such other sum as
may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
40
Power Stations
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in the
day and year first above written.
Signed and Sealed in the Common Seal of

KenGen in the presence of:
COMPANY SECRETARY )
)
)
)
)
)
)
WITNESS )
Signed and Sealed with the Common Seal of

the Supplier in the presence of:
DIRECTOR )
)
)
)
)
)
)
SECRETARY )
)
Section J: Performance Security Form
(To be on the Letterhead of the Bank)

P.O Box 479360-00100,
NAIROBI. KENYA
WHEREAS ........................................................................................................[name of
Supplier] (hereinafter called the Supplier) has undertaken, in pursuance of Contract
No. .......................... dated ...................................................2016 to supply...................
(description of Goods)(hereinafter called the Contract).
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall
furnish you with a bank guarantee by a reputable bank for the sum specified therein as
security for compliance with the Suppliers performance obligations in accordance with
the Contract.
AND WHEREAS we have agreed to give the Supplier a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf
of the Supplier, up to a total of .................................................................... (amount of
guarantee in words and figures), and we undertake to pay you, upon your first written
demand declaring the Supplier to be in default under the Contract and without cavil or
argument, any sum or sums within the limits of................................................................
(amount in words and figures) as aforesaid, without your needing to prove or to show
grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the ........................... day of ....................................2016.
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
Section K: Manufacturers Authorization Form

P.O Box 479360-00100,
WHEREAS
.
[name of the Manufacturer]
who are established and reputable manufacturers of.
[name and/or description for Goods]
having factories
at.
[address of factory]
do hereby authorize.
[name and address of Agent]
to submit a tender, and subsequently negotiate and sign the Contract with you for the
above equipment manufactured by us.
We hereby extend our full guarantee and warranty as per the General and Special
Conditions of Contract for the Goods offered for supply by the above firm against this
Invitation for Tenders.
____________________________
[signature for and on behalf of Manufacturer]
Note: This letter of authority should be on the letterhead of the Manufacturer and should be
signed by a person competent and having the power of attorney to bind the
Manufacturer. It must be submitted with and be part of the tender.

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KGN-GDD-027-2016

TENDER FOR SUPPLY OF ELECTRICAL TOOLS,

Kenya Electricity Generating Company Ltd,

Section A: Invitation for Tenders ..................................................................................... 3

Section J: Contract Form36

Supply Chain Director

Tenders MUST be accompanied by a TENDER-SECURING DECLARATION and must be

Company Secretary& Legal Affairs Director

on or before 26th April 2016 at 10.00 A.M

SUPPLY CHAIN DIRECTOR

The Tender Document

(a) Invitation for Tenders

Supply Chain Director

5. Amendment of Tender Document

7. Document Comprising the Tender

10. Tender Currencies

11. Tenderers Eligibility and Qualifications.

12. Goods Eligibility and Conformity to Tender Document.

13. Tender Security

15. Format and Signing of Tender

16. Sealing and Marking of Tenders

Company Secretary and Legal Affairs Director

(b) Bear, "KGN-GDD-027-2016 - TENDER FOR SUPPLY OF ELECTRICAL

17. Deadline for Submission of Tenders

18. Modification and Withdrawal of Tenders

19. Alternative Proposals by Tenderers

21. Clarification of Tenders

22.5 Mandatory Preliminary Evaluation Criteria

Manufacturers authorization letter

23. Evaluation and Comparison of Tenders

b) Compliance to the tender requirements pursuant to Clauses 11, 12 and 13;

24. Contacting KenGen

26. KenGens Right to Vary Quantities

27. KenGens Right to Accept or Reject Any or All Tenders

29. Signing of Contract

30. Performance Security

31. Corrupt or Fraudulent Practices

5. Use of Contract Documents and Information

8. Inspection and Tests

13.2 Payments shall be made promptly by KenGen as specified in the Contract.

17. Termination for Default

18. Liquidated Damages

19. Resolution of Disputes

21. Force Majeure

4. Inspections and Tests

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

10. Delivery Period

13. Payment Terms and Conditions

i. Strictly Delivered and Duty Paid (DDP) to Olkaria.

Payment shall be through an LC under the following conditions:-

i. Payment shall be effected upon presentation of a complete set of shipping documents to

Advance payment is not applicable.

i. Schedule A will be evaluated and awarded on an item by item basis.

8 24 -30 piece 13mm DR Metric bi-

13 32 piece metric combination spanners set Set 20

18 Electric handheld dust blower Pc 5

19 Watchmakers Screw driver set Sets 5

20 Insulated Cable knives Pc 4

23 Digital Clamp meter

PPD Act 2005 Section 35

TENDERERS NAME: _________________________________________________

TENDERERS SIGNATURE: ___________________________________________

Dated this day of 2016.