Words importing the masculine gender only, include the feminine gender or (as the case may be) the neutral gender. words importing the singular number only include the plural number and viceversa and where there are two or more persons included in the expression the “Tenderer” the covenants, agreements and obligations expressed to be made or performed by the Tenderer shall be deemed to be made or performed by such persons jointly and severally. “Works” means the construction, repair, renovation or demolition of buildings, roads or other structures and includes the installation of equipment and materials, site preparation and other incidental services. Citizen contractors-a firm shall be qualified as a citizen contractor if its owners and shareholders are Kenyan citizens Local contractors- a firm shall be qualified as a local contractor if it is registered in Kenya. 3.2 Eligible Tenderers This Invitation to Tender is open to all Tenderers eligible as described in the Bid Data Sheet. Successful Tenderers shall perform the Works in accordance with this tender and the ensuing contract. The classification of eligibility shall be in accordance with that maintained by Kenya’s Ministry of Public Works or its successor responsible for the classification of contractors. Government or government owned institutions in Kenya may participate only if they are legally and financially autonomous, if they operate under commercial law, are registered by the relevant registration board or authorities and if they are not a dependant agency of the Government. Local Tenderers i.e. Kenyan registered companies whose operations are based in Kenya shall satisfy all relevant licensing and/or registration with the appropriate statutory bodies in Kenya such as the Ministry of Public Works or the Energy Regulatory Commission. Tenderers shall provide such evidence of their continued eligibility satisfactory to KPLC as KPLC may reasonably request. Tenderers (including all members of a joint venture and subcontractors) shall provide a statement that they are not associated, or have not been associated in the past, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for this project or being proposed as Project Manager for this Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the Works, and any of its affiliates, shall not be eligible to tender 3.3 Ineligible Tenderers 3.3.1 Notwithstanding any other provisions of this tender, the following are not eligible to participate in the tender:-
3.12 Contents of the Tender Document 3.12.1 The Tender Document comprises the documents listed below and Addendum (where applicable) issued in accordance with paragraph 3.14 of these Instructions to Tenderers: - Invitation to Tender Tender Submission Checklist Instructions to Tenderers Bid Data Sheet Conditions of Contract Special Conditions of Contract Specifications Drawings Bill of Quantities Summary of Evaluation Process Tender Form Confidential Business Questionnaire Form Tender Security Forms Declaration Form Contract Form Agreement Performance Security Forms Evaluation Criteria The Tenderer is expected to examine all instructions, forms, provisions, 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 Tenderer’s risk and may result in the rejection of its Tender. All recipients of the documents for the proposed Contract for the purpose of submitting a tender (whether they submit a tender or not) shall treat the details of the documents as “Private and Confidential”. 3.13 Clarification of Documents A prospective Tenderer requiring any clarification of the Tender Document may notify the Procurement Manager in writing or by post at KPLC’s address indicated in the Invitation to Tender. KPLC will respond in writing to any request for clarification of the Tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of Tenders, prescribed by KPLC. Written copies of KPLC’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Tenderers that have duly received the Tender Document. 3.14 Amendment of Documents
property 4. The minimum cover for personal injury or death insurance For the Contractor’s employees And for other people TEN MILLION (KES. 5,000,000.00) AS PER WORK INJURY BENEFITS TEN MILLION (KES. 5,000,000.00) The period between program updates (In days) FOURTEEN (14) DAYS The amount to be withheld for late submission of an updated Program FIFTY THOUSAND ( KES. 50,000.00) The proportion of payment to be retained (in Percent) 10% The Price Adjustment Clause (Shall/shall not apply) SHALL NOT APPLY The liquidated damages for the whole of the works in Ksh (per week) (KES. 200,000.00) Maximum Limit of liquidated damages 10% of Contract Value Performance Security (as a percentage of the Contract Price) 10% of Contract Value Completion Period for the works (in weeks) 12WEEKS The rate of exchange for calculation of foreign currency payments The ruling interbank market rate on the date of actual payment Advance payment (Shall/Shall not be granted) NOT APPLICABLE TO THIS TENDER Percentage of Retention(Of the Interim Payment Certificate) 10% of Interim Payment Certificate Maximum Limit of Retention Money 10 % of Contract Price Minimum amount of interim certificates 2% of Contract Price Time (in days) after which payment is to be made after Interim Payment Certificate signed by Project Manager and date of receipt of Invoice. 30 days Time after which payment to be made after Final Payment Certificate signed by Project Manager and date of receipt of Invoice. 60 days
SIGNED by the DULY AUTHORISED REPRESENTATIVE(S)/ ATTORNEY(S) of the INSTITUTION _____________________ Name(s) and Capacity(ies) of duly authorised representative(s)/ attorney(s) of the Institution. ________________________________ Signature(s) of the duly authorised person(s) NOTES TO SUPPLIERS AND INSTITUTIONS Please note that no material additions, deletions or alterations regarding the contents of this Form shall be made to the Tender Security to be furnished by the Tenderer. If any are made, the Tender Security shall not be accepted and shall be rejected by KPLC. For the avoidance of doubt, such rejection will be treated as non-submission of the Tender Security where such Security is required in the tender. It is the responsibility of the Tenderer to sensitize its issuing institution on the need to respond directly and expeditiously to queries from KPLC. The period for response shall not exceed three (3) days from the date of KPLC’s query. Should there be no conclusive response by the institution within this period, such Tenderer’s Tender Security shall be deemed as invalid and the bid rejected. The issuing institution should address its response or communication regarding the Tender Security to KPLC at the following e-mail address – “guarantees@ kplc.co.ke” The Tender validity period is one hundred and twenty (120) days as set out in the Invitation to Tender (at Section I of the Tender document) or as otherwise may be extended by KPLC. Therefore the Tender Security must at all times be valid for at least 30 days beyond the tender validity period.
WHEREAS KPLC invited tenders for certain works, that is to say for ………………(KPLC insert description of works) under Tender Number…………….. (KPLC insert tender number) AND WHEREAS KPLC has accepted the Tender by the Contractor for the services in the sum of ……………………(KPLC specify the total amount in words which should include any payable taxes, duties and insurance where applicable e.g. Value Added Tax) (hereinafter called “the Contract Price”). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: - In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract and the Tender Document. Unless the context or express provision otherwise requires: - reference to “this Agreement” includes its recitals, any schedules and documents mentioned hereunder and any reference to this Agreement or to any other document includes a reference to the other document as varied supplemented and or replaced in any manner from time to time. any reference to any Act shall include any statutory extension, amendment, modification, re-amendment or replacement of such Act and any rule, regulation or order made thereunder. the Official Purchase Order shall also mean the Official Order or Local Purchase Order. words importing the masculine gender only, include the feminine gender or (as the case may be) the neutral gender. words importing the singular number only include the plural number and vice-versa and where there are two or more persons included in the expression the “Contractor” the covenants, agreements obligations expressed to be made or performed by the Contractor shall be deemed to be made or performed by such persons jointly and severally. where there are two or more persons included in the expression the “Contractor” any act default or omission by the Contractor shall be deemed to be an act default or omission by any one or more of such persons. In consideration of the payment to be made by KPLC to the Contractor as hereinbefore mentioned, the Contractor hereby covenants with KPLC to perform and Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract provide the services and remedy any defects thereon in conformity in all respects with the provisions of the Contract.
(xiv) - SITE VISIT FORM FOR TENDER NO.KP2/9A/PT/HRA/03/15-16 FOR PROPOSED ELECTRICITY HOUSE NAIROBI WINDOWS & DOORS REPLACEMENT CONFIRMATION OF PRE-BID SITE VISIT Name of Tenderer…………………………….. Date of Visit…………………………………… Name, position and signature of the Tenderer’s staff visiting the site. Name:…………………………………………….. Position………………………………………….. Qualification Signature…………………………………… Tenderer’s Official Stamp………………. Site Visit conducted by Kenya Power Authorised Officer’s Name ……………………………………… Signature……………………………………