GEOTHERMAL DEVELOPMENT COMPANY LIMITED

TENDER FOR SUPPLY AND DELIVERY OF SPECIALIZED MUD AND

CEMENT ADDITIVES FOR BARINGO SILALI GEOTHERMAL
PROJECT (RE-TENDER)

TENDER NUMBER NO: GDC/DO/OT/076/2022:2023

TENDER CLOSING DATE AND TIME : 14TH JULY 2023 AT

11 :00AM.

Geothermal Development Company Ltd

P.O. Box 100746-00101
NAIROBI
Tel: +254 719 037000; 020 2427516
Email: procurement@gdc.co.ke
Website: www.gdc.co.ke

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 TABLE OF CONTENTS
INVITATION TO TENDER...................................................................................................................................... vii

Section I - Instructions to Tenderers......................................................................................................... 1

A General Provisions ............................................................................................................................... 1

1 Scope of Tender
.....................................................................................................................................................
2 Fraud and Corruption ............................................................................................................................ 1
3 Eligible Tenderers .................................................................................................................................. 1
4 Eligible Goods and Related Services .................................................................................................. 3

B. Contents of Request for Tenders Document ................................................................................... 3

1. Sections of Tendering Document ......................................................................................................... 3
6 Clarification of Tender Document ........................................................................................................ 4
7 Amendment of Tender Document ........................................................................................................ 4

C. Preparation of Tenders ....................................................................................................................... 5

8 Cost of Tendering .................................................................................................................................. 5
9 Language of Tender............................................................................................................................... 5
10 Documents Comprising the Tender ...................................................................................................... 5
11 Form of Tender and Price Schedules.................................................................................................. 5
12 Alternative Tenders ................................................................................................................................ 6
13 Tender Prices and Discounts ................................................................................................................ 6
14 Currencies of Tender and Payment ..................................................................................................... 7
15 Documents Establishing the Eligibility and Conformity of the Goods and Related Services...... 7
16 Documents Establishing the Eligibility and Qualifications of the Tenderer ................................... 7
17 Period of Validity of Tenders .............................................................................................................. 8
18 Tender Security ...................................................................................................................................... 8
19 Format and Signing of Tender............................................................................................................. 9

D. Submission and Opening of Tenders .............................................................................................. 9

20 Sealing and Marking of Tenders ......................................................................................................... 9
21 Deadline for Submission of Tenders ................................................................................................. 10
22 Late Tenders ......................................................................................................................................... 10
23 Withdrawal, Substitution, and Modification of Tenders. ...................................................................... 10
24 Tender Opening .................................................................................................................................... 10

E. Evaluation and Comparison of Tenders........................................................................................ 11

25 Confidentiality ....................................................................................................................................... 11
26 Clarification of Tenders ....................................................................................................................... 11
27 Deviations, Reservations, and Omissions .......................................................................................... 12
28 Determination of Responsiveness ....................................................................................................... 12
29 Non-conformities, Errors and Omissions ........................................................................................... 12
30 Correction of Arithmetical Errors ...................................................................................................... 13
31 Conversion to Single Currency .......................................................................................................... 13
32 Margin of Preference and Reservations ............................................................................................ 13
33 Evaluation of Tenders ......................................................................................................................... 13
34 Comparison of Tenders ....................................................................................................................... 14
35 Abnormally Low Tenders ................................................................................................................... 14
36. Abnormally High Tenders ................................................................................................................... 14

37. Post Qualification of the Tenderer..................................................................................................... 15

38. Lowest Evaluated Tender .................................................................................................................... 15
39. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All .............................. 15

F. Award of Contract............................................................................................................................. 15
40. Award Criteria ...................................................................................................................................... 15
41. Notice of Intention to enter into a Contract .................................................................................... 16
42. Standstill Period ................................................................................................................................... 16
43. Debriefing by the Procuring Entity ................................................................................................... 16
44. Letter of Award ................................................................................................................................... 16

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45. Signing of Contract ............................................................................................................................. 16
46. Performance Security ........................................................................................................................... 16
47. Publication of Procurement Contract ................................................................................................. 17
48. Procurement Related Complaint ......................................................................................................... 17

SECTION II – TENDER DATA SHEET (TDS) .................................................................................. 18

SECTION III - EVALUATION AND QUALIFICATION CRITERIA............................................. 22

1. General Provisions...................................................................................................................................... 22
2. Evaluation of Tenders (ITT 33) ............................................................................................................... 22
3. MARGIN OF PREFERENCE ................................................................................................................... 25
4. Post Qualification of Tenderers (ITT 37) ............................................................................................... 25

SECTION IV - TENDERING FORMS ................................................................................................... 28

Form of Tender………………………………………………………………………………………………29
Certificate of Independent Tender Determination …………………………………………………. 32
Self-declaration Forms…………………………………………………………………..…………..33
Appendix 1 - Fraud and Corruption…………………………………………………………………36
Tenderer Information Form ………………………………………………………………………...38
Tenderer’s Eligibility- Confidential Business Questionnaire Form ………………………………………..39
Tenderer’s JV Members Information Form ..................................................................................................... 42
Price Schedule Forms ...................................................................................................................................... 43
FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE ........................................................ 49
FORM OF TENDER SECURITY (INSURANCE GUARANTEE) ............................................................... 50
FORM OF TENDER-SECURING DECLARATION .................................................................................... 51
MANUFACTURER’S AUTHORIZATION FORM ...................................................................................... 52

PART 2: SUPPLY REQUIREMENTS ....................................................................................................... 53

Section V - Schedule of Requirements ......................................................................................................... 53

Notes for Preparing the Schedule of Requirements ......................................................................................... 53
1. List of Goods and Delivery Schedule............................................................................................... 54
2. List of Related Services and Completion Schedule ........................................................................ 55
3. Technical Specifications ....................................................................................................................... 56
4. Drawings ............................................................................................................................................... 58
5. Inspections and Tests........................................................................................................................... 59

PART 3 - CONTRACT ................................................................................................................................. 60

SECTION VI - GENERAL CONDITIONS OF CONTRACT ....................................................................... 61
SECTION VII - SPECIAL CONDITIONS OF CONTRACT ........................................................................ 74
SECTION VIII - CONTRACT FORMS ......................................................................................................... 78
FORM No. 1: NOTIFICATION OF INTENTION TO AWARD .............................................................. 79
FORM No. 2: REQUEST FOR REVIEW .................................................................................................... 82
FORM No. 3: LETTER OF AWARD .......................................................................................................... 82
FORM No. 4 - CONTRACT AGREEMENT.............................................................................................. 84
FORM No. 5 - PERFORMANCE SECURITY [Option 1- Unconditional Demand Bank Guarantee]... 85
FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance Bond] ........................................... 86

iii
 1. INVITATION TO TENDER
2. PROCURING ENTITY - GEOTHERMAL DEVELOPMENT COMPANY LTD

CONTRACT NAME AND DESCRIPTION: TENDER FOR SUPPLY & DELIVERY OF

SPECIALIZED MUD & CEMENT ADDITIVES FOR BARINGO SILALI GEOTHERMAL
PROJECT.

3. The Geothermal Development Company invites sealed tenders for the Supply & Delivery of
Specialized Mud & Cement Additives for Baringo Silali Geothermal Project.

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

5. Qualified and interested tenderers may obtain further information and inspect the Tender
Documents from the office of Manager, Supply Chain at Kawi House Office, located at South C
Bellevue, Off Mombasa Road, Red Cross Road between 9.00am and 4.00pm during weekdays.

6. A complete set of tender documents may be purchased or obtained by interested tenders upon
payment of a non- refundable fees of Kshs 1000.00 in cash or Banker's Cheque and payable to
GDC Accounts Office. Tender documents may be obtained electronically from the Website
www.gdc.co.ke or www.tenders.go.ke. Tender documents obtained electronically will be free of charge.

7. Tender documents may be viewed and downloaded for free from the website www.gdc.co.ke
or tenders.go.ke . Tenderers who download the tender document must forward their particulars
immediately to procurement@gdc.co.ke to facilitate any further clarification or addendum.

8. All Tenders must be accompanied by a Tender security in the amount of Kshs 500,000.00 in the format
specified in the tender document.

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

10. Completed tenders are to be enclosed in plain sealed envelopes marked with tender name and tender
reference number and be deposited in the Tender Box at GDC Kawi House Office Ground Floor,
located at South C Bellevue ,Off Mombasa Road, Red Cross Road, or be addressed to;

THE MANAGING DIRECTOR,

GEOTHERMAL DEVELOPMENT COMPANY LTD
P.O. BOX 100746 – 00101
NAIROBI, KENYA

So as to be received on or before 14th July 2023 at 11:00AM

11. Electronic Tenders will not be permitted.

12. Tenders will be opened immediately after the deadline date and time specified above . Tenders
will be publicly opened in the presence of the Tenderers' designated representatives who choose to
attend at GDC Kawi House Office Ground Floor boardroom.

13. Late tenders will be rejected.

MANAGER, SUPPLY CHAIN

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PART 1 - TENDERING PROCEDURES
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 provisions of the Competition Act 2010, regarding
collusive practices in contracting. Any tenderer found to have engaged in collusive conduct shall be
disqualified and criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be
required to complete and sign the “Certificate of Independent Tender Determination” annexed to
the Form of Tender.

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

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.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother or Sister of a Spouse their business associates or agents and firms/organizations in which
they have a substantial or controlling interest shall not be eligible to tender or be awarded a contract.
Public Officers are also not allowed to participate in any procurement proceedings.
3.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest shall
be disqualified. A Tenderer may be considered to have a conflict of interest for the purpose of this
Tendering process, if the Tenderer:
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 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 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 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 1: Tendering Procedures

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

PART 2: Supply Requirements

v) Section V - Schedule of Requirements

PART 3: Contract
vi) Section VI - General Conditions of Contract (GCC)
vii) Section VII - Special Conditions of Contract (SCC)
viii) Section VIII- Contract Forms

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

5.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible for the
ii
 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
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

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 the total price
of the Tender, including any discounts offered.

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

ii
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:
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 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.

ii
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 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 attached to the Tender. The name
and position held by each person signing the authorization must be typed or printed below the
signature. All pages of the Tender where entries or amendments have been made shall be signed or
initialed by the person signing the Tender.
19.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of the JV
on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power
of attorney signed by each members' legally authorized representatives.

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

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

20.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may use an
envelope, package or container. The Tenderer shall deliver the Tender in a single sealed envelope,
or in a single sealed package, or in a single sealed container bearing the name and Reference number
of the Tender, addressed to 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
ii
 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 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.
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
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 the requirements specified in the Tendering document;
b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of
the requirements specified in the tendering document; and
c) “Omission” is the failure to submit part or all of the information or documentation required in
the tendering document.

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.
ii
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.

29.3 Provided that a Tender is substantially responsive, the Procuring Entity shall rectify quantifiable
nonmaterial non-conformities related to the Tender Price. To this effect, the Tender Price shall be
adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or
component in the manner specified in the TDS. 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.
30. Arithmetical Errors

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

30.2 Provided that the Tender is substantially responsive, 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.

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

31. Conversion to Single Currency

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

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

32.2 For purposes of granting a margin of preference on locally manufactured goods under international
competitive tendering, 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.

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

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

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

33. Evaluation of Tenders

33.1 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. The evaluation and award of contracts will be based on Packages.This is the Tender of the Tenderer
that meets the qualification criteria and whose Tender has been determined to be:
a) substantially responsive to the tender documents; and
b) the lowest evaluated price.
33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and the Tender
Price as quoted in accordance with ITT 14. To evaluate a Tender, 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.

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

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

33.5 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;
ii
 b) in the case of Goods manufactured outside Kenya, already imported or to be imported, customs
duties and other import taxes levied on the imported Good, sales and other similar taxes, which
will be payable on the Goods if the contract is awarded to the Tenderer;

33.6 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).

34. Comparison of Tenders

34.1 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.

35. Abnormally Low Tenders

35.1 An Abnormally Low Tender is one where the Tender price, in combination with other constituent
elements of the Tender, appears unreasonably low to the extent that the Tender price raises material
concerns with the Procuring Entity as to the capability of the Tenderer to perform the Contract for
the offered Tender price.
35.2 In the event of identification of a potentially Abnormally Low Tender by the evaluation committee,
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.
35.3 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.

36. Abnormally High Tenders

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

37.1 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.

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

37.3 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A
negative determination shall result in disqualification of the Tender, in which event 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.

38. Lowest Evaluated Tender

38.1 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.

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

39.1 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 and all
Tenders submitted and specifically, tender securities, shall be promptly returned to the Tenderers.

F. Award of Contract

40. Award Criteria

40.1 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.

41. Procuring Entity's Right to Vary Quantities at Time of Award

41.1 The Procuring Entity reserves the right at the time of Contract award to increase or decrease, by the percentage
(s) for items as indicated in the TDS.
42. Notice of Intention to enter into a Contract

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

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
ii
 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.
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

48.1 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 Complaints and Administrative Review

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

49.2 A request for administrative review shall be made in the form provided under contract forms.
 SECTION II – TENDER DATA SHEET (TDS)

The following specific data shall complement, supplement, or amend the provisions in the Instructions to
Tenderers (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in ITT.

ITT Particulars of Appendix To Instructions To Tenders

Reference
A. General
ITT 1.1 The reference number of the Invitation for Tenders is: GDC/DO/OT/076/2022-2023

The Procuring Entity is: Geothermal Development Company Ltd

The name of the Contract is: Supply & Delivery of Specialized Mud & Cement Additives for
Baringo Silali Geothermal Project.

The number and identification of lots (contracts) comprising this Invitation for Tenders is: One (1)
Schedule as indicated in Section V of the tender document;
ITT 1.2(a) Electronic –Procurement System
Geothermal Development Company Limited shall not use electronic procurement system to manage
this Tendering process.
ITT 2.3 The Information made available on competing firms is N/A

The firms that provided consulting services for the contract being tendered for are: None

ITT 3.1 Joint Venture

Maximum number of members in the Joint Venture (JV) shall be: Two

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 :N/A

B. Contents of Tendering Document

ITT 6.1 (a)For purposes of enquiries/clarifications/questions regarding this tender, bidders/tenderers may
notify GDC in writing (email in PDF format) at the following address:
One copy to: -
Manager, Supply Chain
Geothermal Development Company Limited,
Kawi House, South C, Bellevue
Off Mombasa Road, Red Cross Road
P.O. Box 100746 – 00101
NAIROBI, KENYA
E-mail: procurement@gdc.co.ke ;dkyaka@gdc.co.ke; & pkapto@gdc.co.ke
And copy to: -
Ag. General Manager, Drilling & Infrastructure
Geothermal Development Company Ltd,
P.O Box 100746 – 00101,
Nairobi-Kenya
E-mail: rngosi@gdc.co.ke cc: skangogo@gdc.co.ke

NB: To reach GDC not later than Seven (7) Days prior to the closing date.
GDC will respond in writing (e-mail in PDF format) to any request received at least Five (5) days
prior to the deadline for the submission of tenders.
(b) The GDC shall publish its response for any enquiries/clarifications/questions/amendments relating
to this tender at GDC website: www.gdc.co.ke & PPIP Portal www.tenders.go.ke and tenderers are
22
ITT Particulars of Appendix To Instructions To Tenders
Reference
advised to be checking this website from time to time.
ITT 6.2 An optional virtual pre-tender conference will not be held.
ITT 6.3 Tenderers to submit their clarifications/questions regarding this tender not later than seven days prior
to the closing date.
ITT 6.5 The Minutes of the Pre-Tender meeting shall be published at the website: N/A
C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its Tender: N/A
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 unless where allowed by PPAD Act 2015.
ITT 13.6 Prices quoted for each lot (contract) shall correspond at least to 100 percent of the items specified for
each Schedule (contract).
Prices quoted for each item of a lot shall correspond at least to 100 percent of the quantities specified
for this item of a Schedule.
ITT 13.8 (a) Place of destination will be: Kadingding in Baringo Silali Geothermal Field
(i) and (iii)
ITT 13.8 (a) Final Destination (Project Site): Kadingding in Baringo Silali Geothermal Field
(iii)
ITT 13.8 (b) Named place of destination, in Kenya is Kadingding in Baringo Silali Geothermal Field
(i)
ITT 13.8The(b) Price for inland transportation, insurance, and other local services required to convey the Goods from
(ii) the named place of destination to their final destination which is; Kadingding in Baringo Silali
Geothermal Field.
13.8 (c) (iv) The place of final destination (Project Site) is Kadingding in Baringo Silali Geothermal Field
ITT 14.2 Foreign currency requirements allowed. Prices to be quoted in Kenya Shillings or any freely
convertible currency.
ITT 15.4 Period of time the Goods are expected to be functioning One (1) Year warranty
ITT 16.2 (a) Manufacturer’s authorization is: required
ITT 16.2 (b) After sales service is not required

ITT 17.1 The Tender validity period shall be 120 days.

ITT 17.3 (a) The Number of days beyond the expiry of the initial tender validity period will be 30 days.
(b) The Tender price shall be adjusted by the following percentages of the tender price: N/A
ITT 18.1 A Tender Security in the amount of Ksh. 500,000.00 is required for this tender. The security should
be from a bank or insurance firm operating in Kenya and it should be valid for thirty (30) days beyond
the tender validity period.
ITT 19.1 Tenderers shall prepare ONE (1) ORIGINAL AND ONE (1) COPY of the tender document duly
initialed, paginated and well bound (perfect binding is recommended). The original and copy 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.
ITT 19.3 The written confirmation of authorization to sign on behalf of the Tenderer shall consist of: Provide
a Power of Attorney in Company’s letterhead nominating a person to transact on behalf of the
company duly signed by the Company’s Director and witnessed by an advocate.
D. Submission and Opening of Tenders
ITT 20.3 A tender package or container that cannot fit in the tender box shall be received at:

Reception Area, Ground Floor

Geothermal Development Company Ltd, Kawi House, South C
Red Cross Road, off Popo Road
P.O Box 100746-00101
Nairobi
23
ITT Particulars of Appendix To Instructions To Tenders
Reference
ITT 21.1 Deadline for Submission of Tenders
Tenders must be received on or before 14th July 2023 at 11:00AM (East Africa Time).
For tender submission purposes only, the address to be used shall as follows;

Managing Director & CEO

Geothermal Development Company Ltd – Kawi House, South C,
Red Cross Road, off Popo Road
P.O Box 100746-00101, NAIROBI

Electronic submissions are NOT allowed

ITT 24.1 The Tender opening shall take place at:

Date of Tender opening shall be on 14th July 2023 at 11:00AM (East Africa Time) and shall take
place at the address below;
Ground Floor
Geothermal Development Company Ltd – Kawi House, South C,
Red Cross Road, off Popo Road
P.O Box 100746-00101, NAIROBI
ITT 24.6 The number of representatives of the Procuring Entity to sign is at least three (3) representatives of
GDC Tender Opening Committee during the tender opening exercise.

E. Evaluation and Comparison of Tenders

ITT 29.3 The manner of rectify quantifiable non-material non conformities described below: N/A

ITT 31.1 The currency that shall be used for Tender evaluation and comparison purposes is Kenya Shillings
( Bidders to quote is Kenya Shillings Only)

ITT 32.3 A margin of preference and/or reservation shall not apply.

ITT 32.5 The invitation to tender is extended to the following group that qualify for Reservations: N/A

ITT 33.2
Price evaluation will be done for the lowest evaluated price for complete schedule

The award of the tender will be to the tenderer with the lowest evaluated price for the complete
schedule subject to the tenderer having met the preliminary, technical and financial
requirements subject to, Section III – Evaluation and Qualification Criteria
ITT 33.2 (d)
Additional evaluation factors are N/A
ITT 33.6 The adjustments shall be determined using the following criteria, from amongst those set out in Section
III, Evaluation and Qualification Criteria: N/A

F. Award of Contract
ITT 41.1
The maximum percentage by which quantities may be increased is: N/A
The maximum percentage by which quantities may be decreased is: N/A
ITT 41.1 The Procuring Entity shall increase or decrease the quantity of Goods and Related Services by an
amount not exceed 25% and without any change in the unit prices or other terms and conditions of the
Tender and the tendering document.
ITT 47.3 Performance security shall be in in the sum of 10% of the contract price. The security guarantee shall
be from a reputable bank operating in Kenya and acceptable to GDC. It should be valid for thirty (30)
days beyond the contract completion period.
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.

24
ITT Particulars of Appendix To Instructions To Tenders
Reference

If a Tenderer wishes to make a Procurement-related Complaint, the Tenderer should submit its
complaint following these procedures, in writing (by the quickest means available, by email, to:

Managing Director & CEO

Geothermal Development Company Ltd – Kawi House, South C,
Red Cross Road, off Popo Road
P.O Box 100746-00101, NAIROBI
Email address: info@gdc.co.ke

25
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 shall use to evaluate tender
and qualify tenderers. No other factors, methods or criteria shall be used other than
those specified in this tender document. The Tenderer shall provide all the information
requested in the forms included in Section IV, Tendering Forms. The Procuring
Entity should use the Standard Tender Evaluation Report for Goods and Works
for evaluating Tenders.

2. Evaluation of Tenders (ITT 33)

2.1 Successful Tender or Tenders

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

2.2 Evaluation of Tenders

Preliminary examination for Determination of Responsiveness

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

PRELIMINARY EVALUATION

Evaluation and comparison of Tenders:

The following evaluation criteria shall be applied not withstanding any other requirement in the tender
documents.
1. Mandatory Evaluation Requirements/Criteria
2. Technical Evaluation Requirements/Criteria
3. Financial Evaluation Requirements/Criteria

26
 Preliminary/Mandatory Evaluation Requirements/Criteria
No. Requirement
1. Dully filled, Signed & Stamped Form of Tender in the format provided.
2. Dully filled, Signed & Stamped Price Schedules.
3. Provide an original tender security of Kshs. 500,000.00 in the form of bank or
insurance guarantee issued by a reputable bank or insurance operating in Kenya
and valid for thirty (30) days beyond the tender validity period.
4. Copy of Certificate of Incorporation/ Registration in Kenya certified by an
advocate or equivalent for foreign firms.
5. Copy of Tax compliance certificate or equivalent for foreign firms valid at the
time of opening. The validity of the Tax certificate shall be confirmed from KRA
Tax Checker.
6. Copy of Certificate of Confirmation of Directors and Shareholding (CR12) for
limited companies Certified by an advocate or ID card for Sole Proprietorships.
7. Copy of Valid Business Permit certified by an advocate, or equivalent
for foreign firms Notarized by a Notary Public for foreign firms.
8. Duly filled, Signed and Stamped Certificate of Independent Tender
Determination in the format provided – Section IV.
9. Duly filled, Signed and Stamped Self Declaration Form (FORM SD1) That
The Person/Tenderer Is Not Debarred In The Matter Of The Public
Procurement And Asset Disposal ACT 2015 in the format provided.
10. Duly filled, Signed and Stamped Self Declaration Form (FORM SD2) That
The Person/Tenderer Will Not Engage In Any Corrupt Or Fraudulent
Practice in the format provided.
11. Duly filled, Signed and Stamped Declaration and Commitment to The Code
of Ethics in the format provided.
12. Duly filled, Signed and Stamped Tenderer Information Form in the format
provided.
13. Duly filled, Signed and Stamped Tenderer’s Eligibility - Confidential Business
Questionnaire Form in the format provided
14. Provide a commitment letter in Company’s letterhead duly signed and stamped
by the person lawfully authorized & CERTIFIED BY AN ADVOCATE
stating that History of Non-performance of a contract did not occur within
the last Five (5) years.
15. Compliance to GDC Payment terms as specified in SCC Section VII of the
tender document – Tenderers to provide a WRITTEN DECLARATION IN
COMPANY’S LETTERHEAD duly signed and stamped stating
conformance to GDC Payment terms.
16. Provide a Power of Attorney witnessed by an advocate or Notarized by a
Notary Public for foreign firms indicating that the tender has been dully signed
by the person lawfully authorized to do so.
In the case of Bids submitted by an existing or intended Joint Venture
Consortium Agreement/Association (JVCA), provide an undertaking signed
by all parties;
(i) stating that all parties shall be jointly and severally liable, and
(ii) nominating a Representative who shall have the authority to
conduct all business for and on behalf of any and all the parties
of the JVCA during the bidding process and, in the event the
JVCA is awarded the Contract, during contract execution.”

NB: Tenderers who will not meet the above requirements will be declared non-responsive and their
bids will not be evaluated further. Please note that the authenticity of the above documents provided

27
 may be verified with the issuing/relevant authority and any forgery or false presentation in any one
of the above shall lead to automatic disqualification and render the tenderers bid non-responsive.
Note that you may be required to produce original Certificates for ease of verification.
GDC reserves the right to carryout independent investigations to verify the accuracy of information
provided without notifying the tenderer.

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:

Prices shall be compared on a Schedule per Schedule basis.

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 Criteria – This shall be based on compliance to the following

requirements as tabulated.

Description of Requirement Description

Criteria
1. Compliance to GDC Bidder’s Must fill bidder’s response column clearly
Specifications demonstrating compliance to GDC specifications stated in
Section V of the tender document.
2. Manufacturer Duly filled, signed, and stamped Manufacturer
Authorization Authorization letter in the format provided herein.
3. Detailed brochures/ Bidders are required to comply with Section V – Technical
Catalogues Specification Requirements. Tenderers to attach detailed
brochures/catalogues/ depicting compliance to specification.
4. Similar Assignments Handled Experience as supplier; provide at least two (2) copies of
contracts or local purchase orders (LPO) for supply of the
specialized mud and cement additive within the last Ten (10)
years.
5. Delivery Schedule Provide time schedule for deliveries in line with GDC
Delivery timeline specified in List of Goods and Delivery
Schedule in Section V of the tender document
6. Financial Capacity Provide copies of certified bank statements for the last six
(6) months (Must be stamped by the bank) with an average
turnover of Kshs 3M per month depicting financial
capability to supply and deliver the specialized mud and
cement additive or Proof from the bank of ability to mobilize
the funds e.g.. letter of credit minimum Kshs. 20M. GDC
may verify the authenticity of the statement with the issuing
bank.

NB: (i)Tenderers who will not meet the above requirements will be declared non-responsive and
their bids will not be evaluated further. Please note that the authenticity of the above documents
provided may be verified with the issuing/relevant firm/company and any forgery or false
presentation in any one of the above shall lead to automatic disqualification and render the tenderers
bid non-responsive.
(ii)- Factory Inspection: GDC reserves the right to carry out factory inspection before shipment of the
Goods.

28
 Financial Evaluation
i. Award will be inclusive of taxes and transport cost to Kadingding in Baringo Silali Geothermal
Project.
ii. No correction of arithmetic errors -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.

Award Criteria: The lowest evaluated tender for the complete schedule inclusive of taxes and
transport cost to Kadingding in Baringo Silali Geothermal Field will be recommended for award.

GDC may carry out due diligence to ascertain the capacity of the successful tenderer before award.

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

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

2.2.3 Evaluation Criteria (Other Factors) (ITT 33.6)

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

a) Delivery schedule.

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

b) Deviation in payment schedule.

i. tenderers shall state their Tender price for the payment schedule outlined in
the SCC. Tenders shall be evaluated on the basis of this base price. tenderers
are, however, permitted to state an alternative payment schedule and indicate
the reduction in Tender price they wish to offer for such alternative payment
schedule. The Procuring Entity may consider the alternative payment schedule
and the reduced Tender price offered by the tenderer selected on the basis of
the base price for the payment schedule outlined in the SCC.

Alternative payment schedule is NOT Accepted

c) Cost of major replacement components, mandatory spare parts, and service.

Tenderer shall provide along with its Tender, the list of recommended spare
parts for Goods offered indicating for each item of spare part the
recommended quantity and unit, and total CIP final destination prices required
during the initial period of operation specified in the TDS 15.4. The prices
offered shall not exceed the prevailing prices charged to other parties by the
Tenderer. The cost of such spare parts will not be taken into account for
tender evaluation. The Procuring Entity may award the contract for spare parts
to the Tenderer that is successful for the supply of Goods, by selecting at its
option, from the Tender's list of recommended spare parts, such items and
quantities against each as the Procuring Entity may deem appropriate at the
unit prices indicated by the Tenderer but not exceeding 10% (present) of the
cost of Goods

29
 d) Availability in Kenya of spare parts and after sales services for equipment
offered in the Tender.

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

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

e) Life Cycle Costs

f) Performance and productivity of the equipment: [insert one of the followings]

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

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

g) Specific additional criteria N/A

N/A

2.2.4. Multiple Contracts (ITT 33.4)

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

OPTION 1

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

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

OPTION 2

The Procuring Entity will consider all possible combinations of won Schedules
[contract(s)]and determine the combinations with the lowest evaluated price. Tenders
will then be awarded to the Tenderer or Tenderers in the combinations provided the
tenderer meets the aggregate Eligibility and Qualification Criteria for all the won Lots.

2.3 Post-Qualification Criteria (ITT 37.1)

In case the tender was not subject to pre-qualification, the tender that has been
determined to be the lowest evaluated tenderer shall be considered for contract award,
subject to meeting each of the following conditions (post qualification Criteria applied
on a GO/NO GO basis). The Procuring Entity shall carry out the post- qualification
of the Tenderer in accordance with ITT 37, using only the requirements specified
herein. Requirements not included in the text below shall not be used in the evaluation
of the Tenderer's qualifications. The minimum qualification requirements for multiple
contracts will be the sum of the minimum requirements for respective individual
contracts, unless otherwise specified.

30
 2.4 If the Tenderer is a manufacturer

a) Financial Capability
i) The Tenderer shall demonstrate that it has access to, or has available, liquid
assets, unencumbered real assets, lines of credit, and other financial means
(independent of any contractual advance payment) sufficient to meet the supply
cash flow of at least 2.5 times of the tendered price

ii) Minimum average annual supply turnover of at least 2.5 times the total Tender
price

b) Experience and Technical Capacity

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

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

procurement requirements, if specified in the tender document.] Samples of Experience
Requirements:
i) The Tenderer shall be manufacturing similar Goods for the last two (2) years
ii) The Tenderer shall furnish documentary evidence to demonstrate successful
completion of at least three (3) contracts of similar Goods in the last two (2) years
each contract costing at least Kenya shillings open value or equivalent and
involving a supply of at least N/A percentage of required

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

The Tenderer shall furnish documentary evidence satisfactory to the Procuring Entity to
demonstrate that similar Goods as offered in the Tender have been in successful use or
operation for the last two (2) years. If the Tenderer is a JV, the evidence of demonstrated
usage of Goods supplied in the past shall be in the name of the JV.

2.5 If Tenderer is a Supplier:

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

Manufacturer's Authorization Form (Section IV, Tendering Forms), the Manufacturer shall
demonstrate the above qualifications 4.2 (b) (i), (ii), and (iii) and the Tenderer shall demonstrate
it meets the following criteria.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent of any
contractual advance payment) sufficient to meet the supply cash flow of Kenya Shillings N/A .
ii) Minimum average annual supply turnover of Kenya Shillings N/A or equivalent calculated
as total certified payments received for contracts in progress and/or completed within the last
[insert of year] years, divided by [insert number of years] years.
iii) Has satisfactorily and substantially completed at least THREE (3) contracts of a similar nature
either within Kenya, the East African Community or abroad, as a prime supplier or a joint
venture member, each of a minimum value in Kenya shillings N/A equivalent.

2.6 History of non-performing contracts:

Tenderer (Supplier or/and manufacturer, and each member of JV in case the Tenderer

31
 is a JV, shall demonstrate that Non-performance of a contract did not occur as a
result of the default of the Tenderer, manufacturer or the member of JV as the case
may be, in the three (3) years. The required information shall be furnished as per form
CON-2].

2.7 Pending Litigation

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

4.6. Litigation History

There shall be no consistent history of court/arbitral award decisions against the

Tenderer, in the last two (2) years (specify years). All parties to the contract shall
furnish the information on the related Form (CON-2) about any litigation or arbitration
resulting from contracts completed or ongoing under its execution over the years
specified. A consistent history of awards against the Tenderer or any member of a JV
may result in rejection of the tender.

32
 SECTION IV - TENDERING FORMS

1. Form of Tender

2. Certificate of Independent Tender Determination

3. Self Declaration Forms – SDI

4. Self Declaration form – SD2

5. Declaration & Commitment to the Code of Ethics

6. Tenderer Information Form

7. Tenderers Eligibility – Confidential Business Questionnaire

8. Price Schedule

9. Form of Tender Security (Demand Bank Guarantee Option)

10. Form of Tender Security (Insurance Option)

11. Manufacturer Authorization

33
1-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. N/A

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) The total price of our Tender, excluding any discounts offered in item (f) below as per listed
Lots (list each lot with its price and then the total of all tendered for lots) [insert the prices of
the Tender in words and figures, indicating the various amounts for lots and the respective
currencies];

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
34
 17.1 (as amended, if applicable) from the date fixed for the Tender submission deadline
specified in TDS 21.1 (as amended, if applicable), and it shall remain binding upon
us and may be accepted at any time before the expiration of that period;

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

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

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:

35
 a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are
not in any conflict to interest.
b) Certificate of Independent Tender Determination – to declare that we completed
the tender without colluding with other tenderers.
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract,
not engage in any form of fraud and corruption.
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.

Bidder’s Official Stamp

36
 2-CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

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

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

I certify, on behalf of * [Name of

Tenderer] that:

1. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not to be true and
complete in every respect;

3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and
to submit the Tender on behalf of the Tenderer;

4. For the purposes of this Certificate and the Tender, I understand that the word “competitor”
shall include any individual or organization, other than the Tenderer, whether or not affiliated
with the Tenderer, who:
a) has been requested to submit a Tender in response to this request for tenders;
b) could potentially submit a tender in response to this request for tenders, based on their
qualifications, abilities or experience;

5. The Tenderer discloses that [check one of the following, as applicable]:

a) The Tenderer has arrived at the Tender independently from, and without consultation,
communication, agreement or arrangement with, any competitor;
b) the Tenderer has entered into consultations, communications, agreements or arrangements
with one or more competitors regarding this request for tenders, and the Tenderer discloses,
in the attached document(s), complete details thereof, including the names of the
competitors and the nature of, and reasons for, such consultations, communications,
agreements or arrangements;

6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has been
no consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for
Tenders; except as specifically disclosed pursuant to paragraph (5)(b) above;

7. In addition, there has been no consultation, communication, agreement or arrangement with any
competitor regarding the quality, quantity, specifications or delivery particulars of the works or
services to which this request for tenders relates, except as specifically authorized by the procuring
authority or as specifically disclosed pursuant to paragraph (5)(b) above;

8. the terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer,
directly or indirectly, to any competitor, prior to the date and time of the official tender opening,
or of the awarding of the Contract, whichever comes first, unless otherwise required by law or
as specifically disclosed pursuant to paragraph (5)(b) above.

Name

37
Title

Sign

Date

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

Bidder’s Official Stamp

38
 SELF-DECLARATION FORMS

3-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

39
 4- 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

40
 5-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…………………………………………….................................................................................………

41
APPENDIX 1- FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

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

2. Requirements

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

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

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

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

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

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

42
 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 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

43
 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.

44
 6-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.

Sign…………………………….Stamp…………………………

45
 7-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 Tenderer. 1. Country
2. City
3. Location
4. Building
5. Floor
6. Postal Address
7. Email:
8. 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
2
3

(d) Registered Company, provide the following details.

i) Private or public Company _______________________

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

46
 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 the

YES OR relationship with Tenderer
NO
1 Tenderer is directly or indirectly
controlled by or is under
common control with another
tenderer.
2 Tenderer receives or has
received any direct or indirect
subsidy from another tenderer.
3 Tenderer has the same legal
representative as another
tenderer
4 Tender has a relationship with
another tenderer, directly or
through common third parties
that puts it in a position to
influence the tender of another
tenderer, or influence the
decisions of the Procuring Entity
regarding this tendering process.
5 Any of the Tenderer’s affiliates
participated as a consultant in the
preparation of the design or
technical specifications of the
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
47
 Type of Conflict Disclosure If YES provide details of the
YES OR relationship with Tenderer
NO
Document.
7 Tenderer has a close business or
family relationship with a
professional staff of the
Procuring Entity who are
directly or indirectly involved in
the preparation of the Tender
document or specifications of the
Contract, and/or the Tender
evaluation process of such
contract.
8 Tenderer has a close business or
family relationship with a
professional staff of the
Procuring Entity who would be
involved in the implementation
or supervision of the Contract.
9 Has the conflict stemming from
such relationship stated in item 7
and 8 above been resolved in a
manner acceptable to the
Procuring Entity throughout the
tendering process and execution
of the Contract?

(f) Certification

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

Full Name________________________________________________

Title or Designation________________________________________

(Signature) (Date) Bidder’s Official Stamp

48
 8-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.]

49
 Price Schedule - Supply & Delivery of Specialized Mud & Cement Additives

ITT No: _____________________

Page N ______ of ______
(Group A and B Tenders)
Currencies in accordance with ITT
Date: _________________________

1 2 3 4 5 6 7

Line Item Description of Goods Delivery Date as UOM Qty Unit price incl Total Price Incl
N defined by of 16% VAT of 16% VAT
Incoterms
1. EASY DRILL POLYMER CAN 100
2 TELPOLYMER HG BAGS 100

3 TELFOAMER 23L ” LTR 1,500

4 CAUSTIC SODA ” KG 1,000

5 LIME ” KG 1,000

6 CALCIUM CHLORIDE ” KG 1,000

7 DRILLING FOAM ” LTR 1000
Transport Cost to Kadingding in Baringo Silali Geothermal Field

Grand Total Price in Kshs inclusive of VAT & transport to Kadingding in Baringo Silali Geothermal Field on as and when required basis
transferred to form of tender

Name of tenderer :……………………………………………………………………………….[insert complete name of tenderer]

Signature of tenderer :……………………………………………………………………………[signature of person signing the Tender]

Date :………………………………………………………………………………………………[insert date

44
47

9) 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 onor before that date.

[signature(s)]

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

51
 10)FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]

TENDER GUARANTEE No.:

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

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

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

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

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

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

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

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

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

_________________________ ______________________________
[Date ] [Signature of the Guarantor]
_________________________ ______________________________
[Witness] [Seal]

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

52
11-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

53
PART 2: SUPPLY REQUIREMENTS

54
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).
 A. List of Goods and Delivery Schedule – (Supply & delivery of Mud & Cement Additives)

Line Description of Goods Physical Qty Final Destination Delivery (as per Incoterms) Date
Item unit as specified in TDS Earliest Delivery Latest Delivery Tenderer’s offered
N Date Date Delivery date [to be
provided by the
tenderer]
1. EASY DRILL POLYMER Kadingding in Within three (3) Within three (3)
Baringo Silali months from the months from the date
CAN 100 Geothermal Field date of contract of contract
signing/LPO signing/LPO issuance
issuance
2 TELPOLYMER HG BAGS 100 ” ” ”
3
TELFOAMER 23L LTR 1,500 ” ” ”
4 CAUSTIC SODA KG 1,000 ” ” ”
5 LIME KG 1,000 ” ” ”
6 CALCIUM CHLORIDE KG 1,000 ” ” ”
7 DRILLING FOAM LTR 1,000 ” ” ”
54
Technical Specifications
1.1 The purpose of the Technical Specifications (TS), is to define the technical characteristics of the
Goods and Related Services required by the Procuring Entity. The Procuring Entity shall prepare
the detailed TS consider that:

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

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

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

iv) The PPRA encourages the use of metric units.

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

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

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

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

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

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

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

1.3 The TS shall specify all essential technical and performance characteristics and requirements, including
guaranteed or acceptable maximum or minimum values, as appropriate. Whenever necessary, the
Procuring Entity shall include an additional ad-hoc Tendering form (to be an Attachment to the
Letter of Tender), where the tenderer shall provide detailed information on such technical performance
57
 characteristics in respect to the corresponding acceptable or guaranteed values.
1.4 When the Procuring Entity requests that the tenderer provides in its Tender a part or all of the
Technical Specifications, technical schedules, or other technical information, the Procuring Entity shall
specify in detail the nature and extent of the required information and the manner in which it has
to be presented by the tenderer in its Tender.

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

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

TECHINCAL SPECIFICATIONS FOR SPECIALIZED MUD & CEMENT ADDITIVES

BIDDER
S/No DESCRIPTION TECHNICAL SPECIFICATIONS UoM QTY COMPLIANCE
(YES/NO)
1 EASY DRILL PHPA (partially-hydrolyzed CAN 100
POLYMER polyacrylamide) Packed in 18 litre
cans. pH: (1%-Solution in Deionized
Water) : 7.0 – 8.0. Specific Gravity :
1.08 – 1.12
2 TELPOLYMER Poly-anionic cellulose (Packed in BAGS 100
HG 20kg bags).
(1%-Solution in Deionized Water) :
2000 – 3000cps
pH(1%-Solution in Deionized Water)
: 6.5 – 8.0
Moisture : Below 10wt%
3 TELFOAMER Surfactant.pH (1%-Solution in LTR 1,500
23L Deionized Water) : 8.0 – 9.0
Specific gravity : 1.025 – 1.045
4 CAUSTIC SODA Sodium Hydroxide KG 1,000

5 LIME Calcium Hydroxide KG 1,000

6 CALCIUM Appearance: Flakes KG 1,000

CHLORIDE Concentration: 83-87%
State: Solid
Color: White
Odor: Odorless
Molecular formula: CaCl2
Melting point: 772°C (1422°F)
Vapor pressure: Negligible at ambient
temperature
Bulk density: 51-61 lb/ft3
Water solubility: Readily soluble
Hygroscopic: Yes

7 DRILLING Appearance Light yellow, transparent LTR 1000

FOAM liquid
Specific gravity 1.038
pH (10% solution) - 6.5 – 8.5
Flash point 142°F (61C)

58
 PART 3 - CONDITIONS OF CONTRACT
AND CONTRACT FORMS

59
SECTION VI - GENERAL CONDITIONS OF CONTRACT

1. Definitions

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

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

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

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

d) “Day” means calendar day.

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Interpretation

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

60
 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 Framework 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.

1.6 Entire Agreement

4.1.2 Framework Agreement

4.1.2.1 The Parties shall enter into a Framework Agreement within 28 days after the Contractor receives the Letter of
Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based
upon FORM No. 3 – FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp
duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement
shall be borne by the Procuring Entity.

4.1.2.2 The Framework Agreement establishes the terms and conditions that will govern the contract awarded during
the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by
package as and when required, over the specified period of time. The Framework Agreement does not commit
a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity
to call the Contractor to commence the works on a particular package in a specified location within the duration
of the agreement.

4.1.2.3 This Framework Agreement does not guarantee the contractor of being called for a contract to start and no
commitment is made with regard to possible number of packages to carry out.

4.1.2.4 This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from
other firms.

4.1.2.5 This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same
Agreement.

61
4.1.2.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity may with the Consent
of the Contractor extend this Agreement if the agreement period is less than three (3) years, if the initial
engagement has been satisfactory.

4.1.2.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a
particular package requesting the contractor to furnish a Performance Security and to start the works thereafter,
and providing the contractor with details of location where the works, are to be carried out. The call-off
statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price
for individual call-off contracts shall be based on the prices detailed in the Framework Agreement.

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

4.2 Amendment

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

4.3 Non-waiver

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

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

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

4.4 Severability

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

such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
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,
62
 incorporated, or registered, and operates in conformity with the provisions of the laws of that
country.

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

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

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

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

10. Settlement of Disputes

10.1 The Procuring Entity and the Supplier shall make every effort to resolve amicably by direct
negotiation any disagreement or dispute arising between them under or in connection with the
Contract.
10.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such
mutual consultation, then either the Procuring Entity or the Supplier may give notice to the other
party of its intention to commence arbitration, as hereinafter provided, as to the matter in 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

63
 Parties shall not be altered by reason of any arbitration being conducted during the progress of the
delivery of goods.
10.2.7 The terms of the remuneration of each or all the members of Arbitration shall be mutually agreed
upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for
paying one-half of this remuneration.

10.3 Arbitration Proceedings

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

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

10.3.3 Alternative Arbitration Proceedings

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

10.4 Arbitration with Foreign Suppliers

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

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

10.5 Alternative Arbitration Proceedings

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

10.6 Failure to Comply with Arbitrator’s Decision

10.6.1 The award of such Arbitrator shall be final and binding upon the parties.
10.6.1 In the event that a Party fails to comply with a final and binding Arbitrator's decision, then the
other Party may, without prejudice to any other rights it may have, refer the matter to a competent
court of law.

10.7 Contract operations continue

Notwithstanding any reference to arbitration herein,
a) the parties shall continue to perform their respective obligations under the Contract unless
they otherwise agree; and
b) the Procuring Entity shall pay the Supplier any monies due the Supplier.

64
11. Inspections and Audit by the Procuring Entity
11.1 The Supplier shall keep, and shall cause its Subcontractors to keep, accurate and systematic
accounts and records in respect of the Goods in such form and details as will clearly identify
relevant time, changes and costs.

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

12. Scope of Supply

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

13. Delivery and Documents

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

14. Supplier’s Responsibilities

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

15. Contract Price

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

15.2 Where the contract price is different from the corrected tender price, in order to ensure the
supplier is not paid less or more relative to the contract price (which would be the tender price),
any partial payment valuation based on rates in the schedule of prices in the Tender, will be
adjusted by a plus or minus percentage. The percentage already worked out during tender
evaluation is worked out as follows: (corrected tender price – tender price)/tender price X 100.

16. Terms of Payment

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

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

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

18. Performance Security

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

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

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

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

19. Copyright

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

20. Confidential Information

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

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

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

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

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

21. Subcontracting

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

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

22. Specifications and Standards

22.1 Technical Specifications and Drawings

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

23. Packing and Documents

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

24. Insurance

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

25. Transportation and Incidental Services

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

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

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

26. Inspections and Tests

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

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

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

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

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

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

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

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

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27. Liquidated Damages

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

28. Warranty

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

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

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

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

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

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

29. Patent Indemnity

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

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

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

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

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

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

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

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

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

31. Change in Laws and Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 30 days prior to date of Tender
submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in Kenya (which shall be deemed to include any change in
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.

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33. Change Orders and Contract Amendments

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

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

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

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

33.5 The Procuring Entity may accept the value engineering proposal if the proposal demonstrates benefits
that:
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.
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34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the Supplier in
the performance of its Delivery and Completion obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is agreed
upon, pursuant to GCC Sub-Clause 34.1.

35. Termination

35.1 Termination for Default

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

35.2 Termination for Insolvency.

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

35.2 Termination for Convenience.

a) The Procuring Entity, by notice sent to the Supplier, may terminate the Contract, in whole or
in part, at any time for its convenience. The notice of termination shall specify that termination
is for the Procuring Entity's convenience, the extent to which performance of the Supplier
under the Contract is terminated, and the date upon which such termination becomes effective.
b) The Goods that are complete and ready for shipment within twenty-eight (28) days after the
Supplier's receipt of notice of termination shall be accepted by the Procuring Entity at the
Contract terms and prices. For the remaining Goods, the Procuring Entity may elect:
i) to have any portion completed and delivered at the Contract terms and prices; and/or
ii) to cancel the remainder and pay to the Supplier an agreed amount for partially completed
Goods and Related Services and for materials and parts previously procured by the
Supplier.
36. Assignment

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

37. Export Restriction

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

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SECTION VII - SPECIAL CONDITIONS OF CONTRACT

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

Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1.1(h) The Procuring Entity is: Geothermal Development Company Ltd
GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterm 2020 - DDP
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:

The Managing Director & CEO,

Geothermal Development Company Ltd (GDC)
Kawi House, South C Bellevue Off Mombasa Road, Tel: 0719037000, 0719036000
P.O. Box 100746 – 00101
Nairobi, Kenya
Any notice given under the Agreement shall be in writing and may be served:
i. personally;
ii. by registered or recorded delivery mail;
iii. by e-mail, telex or facsimile transmission (the latter confirmed by telex or
post); or
iv. by any other means which any party specifies by notice to the others.
Notice shall be deemed to have been served:
i. if it was served in person, at the time of service;
ii. if it was served by post, 72 hours after it was posted; and
If it was served by e-mail, telex or facsimile transmission, at the time of transmission.
GCC 10.4.2 The place of arbitration shall be Nairobi, Kenya
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are
1. Delivery Note
2. Invoice

The above documents shall be received by the Procuring Entity before arrival of the Goods
and, if not received, the Supplier will be responsible for any consequent expenses.
GCC 15.1 The prices charged for the Goods supplied and the related Services performed “shall not,”
be adjustable.
GCC 16.1 GCC 16.1—The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows:

1) Geothermal Development Company's payment terms are within sixty (60) days
upon receipt of certified invoices and delivery notes confirming that the invoiced
goods/items have been delivered and is in accordance with the contract by the
supplier.
2) Advance Payment is not applicable.
3) Payment shall be made through Geothermal Development Company's cheque or
telegraphic transfer of the contract.
3) No interest on delayed payments
4) Invoicing and payments shall be done for actual delivered items only.
GCC 16.5 The payment-delay period after which the Procuring Entity shall pay interest to the supplier
shall be N/A.
GCC 18.1/3 A Performance Security shall be required.

The Performance Security shall be in the amount of 10% of the Contract Price in the
form of a bank guarantee issued by a Bank operating in Kenya is required for this
tender if applicable. The performance Security shall be valid for a minimum of 30
days after completion of the assignment.
GCC 18.4 Discharge of the Performance Security shall take place: within 30 days after inspection
and acceptance of the goods.]

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GCC 23.2 The packing, marking and documentation within and outside the packages shall be: as per
acceptable international standards.
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.
GCC 25.2 Incidental services to be provided are: N/A
GCC 26.1 The inspections and tests shall be: Physical confirmation of the goods receipt against
the specifications set in the contract.
GCC 26.2 The Inspections and tests shall be conducted at: Site
GCC 27.1 The liquidated damage shall be: 0.05 % 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: 180 days (6 Months)
For purposes of the Warranty, the place(s) of final destination(s) shall be:
GDC Kadingding in Baringo Silali Geothermal Field

Sample provision

GCC 28.3—In partial modification of the provisions, the warranty period shall be _____
hours of operation or _____ months from date of acceptance of the Goods or (_____)
months from the date of shipment, whichever occurs earlier. The Supplier shall, in addition,
comply with the performance and/or consumption guarantees specified under the Contract.
If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in
part, the Supplier shall, at its discretion, either:

(a) make such changes, modifications, and/or additions to the Goods or any part thereof
as may be necessary in order to attain the contractual guarantees specified in the Contract
at its own cost and expense and to carry out further performance tests in accordance with
GCC 26.7,

GCC 28.5, GCC The period for repair or replacement shall be: one (1) year
28.6

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CC 35 Termination for Default
GDC may, without prejudice to any other remedy for breach of Contract, by written notice
of default sent to the Service Provider, terminate this Contract in whole or in part:
a) If the Service Provider fails to deliver the Goods and Services within the period(s)
specified in the Contract, or within any extension thereof granted by the GDC;
b) If the Goods and Services delivered by the Service Provider do not conform to the
Standards specified in the Contract;
c) If the Service Provider fails to perform any other obligation(s) under the Contract;
d) If the Service Provider, in the judgment of
a) the GDC has engaged in corrupt or fraudulent practices in competing for
or in executing the Contract;
b) If the Service Provider becomes insolvent or bankrupt; GDC may at any
time terminate this Agreement by giving written notice to the Service
Provider if the Service Provider becomes bankrupt or otherwise
insolvent. In this event, termination will be without compensation to the
Service Provider, provided that such termination will not produce or
affect any right of action or remedy which has accrued or will accrue
thereafter to GDC;
In the event that the GDC terminates the Contract in whole or in part, it may procure, upon
such terms and in such manner, as it deems appropriate, Goods and Services similar to those
undelivered, and the Service Provider shall be liable to the GDC for any excess costs
incurred.

Termination by Notice
Either party, at its sole discretion, may at any time by written notice terminate the
Contract by giving no less than Thirty (30) days’ notice in writing.

Termination for Convenience

The GDC by written notice sent to the Tenderer may terminate the contract in whole
or in part, at any time for its convenience. The notice of termination shall specify that
the termination is for the GDC’s convenience, the extent to which performance of the
Tenderer of the contract is terminated and the date on which such termination becomes
effective.

For the remaining part of the contract after termination the GDC may elect to cancel
the supply and pay to the Tenderer the amount for partially delivered goods.

Termination by Mutual Consent

By mutual written agreement, the Purchaser and the Tenderer may agree to
terminate the contract. The agreement shall provide that the termination is by
mutual agreement, the extent to which the contract is terminated and the effects of
such termination on each party’s obligations.
Termination by Insolvency
If the Tenderer becomes insolvent or bankrupt; the Purchaser may at any time terminate
this Agreement by giving written notice to the Tenderer. In this event, termination will be
without compensation to the Service provider, provided that such termination will not
produce or affect any right of action or remedy which has accrued or will accrue thereafter
to the Purchaser.
On termination of this Agreement, howsoever terminated, the Contractor shall be permitted
to remove all its equipment which may have been placed by the Contractor upon the
employer’s premises.

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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.

76
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

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.

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(Note a) State NE if not evaluated

5. How to request a debriefing

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

6. How to make a complaint

a) Period: Procurement-related Complaint challenging the decision to award shall be
submitted by midnight, [insert date] (local time).
b) Provide the contract name, reference number, name of the Tenderer, contact details; and
address the Procurement-related Complaint as follows:
I) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
iii) Agency: [insert name of Employer]
iv) Email address: [insert email address]
c) At this point in the procurement process, you may submit a Procurement-related Complaint
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 complaints@ppra.go.ke.

78
 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:

79
FORM NO 2: NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE

[letterhead paper of the Employer]

[date]

To [name and address of the Contractor]

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

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

Authorized Signature:

Name and Title of Signatory:

Name of Employer:

Attachment: Contract Agreement:

80
NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE

[use letterhead 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

81
FORM NO 3 - CONTRACT AGREEMENT

[The successful tenderer shall fill in this form in accordance with the instructions indicated]

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

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

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

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

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

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

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

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

For and on behalf of the Procuring Entity

Signed: [insert signature]

in the capacity of [insert title or other appropriate

designation] In the presence of [insert identification of official witness]

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the

Supplier] in the capacity of [insert title or other appropriate

designation] in the presence of [insert identification of official witness]

82
FORM NO. 4 - 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

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

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

guarantee is required.

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

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

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

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

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.
FORM NO. 4 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

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

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

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

Tender Reference No.: [insert identification

no] Name of the Tender Title/Description: [insert name of the
assignment] to: [insert complete name of Procuring Entity]

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

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

Details of beneficial ownership

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

84
 Details of all Beneficial Owners % of shares % of voting Whether a person Whether a
a person rights a person directly or indirectly person directly
holds in the holds in the holds a right to or indirectly
company company appoint or remove a exercises
Directly or member of the board significant
indirectly of directors of the influence or
company or an control over the
equivalent governing Company
body of the Tenderer (tenderer) (Yes
(Yes / No) / No)
Indirect………
…

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

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

3.

e.t
.c

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

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

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

(b) exercises at least ten percent of the voting rights in the company either directly or indirectly;
 (c) holds a right, directly or indirectly, to appoint or remove a director of the company; or

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

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

Name of the Tenderer: .......................*[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: ** [insert complete name of

person duly authorized to sign the Tender]

Designation of the person signing the Tender: ....................... [insert complete title of the person signing the

Tender]

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

shown above]

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

Bidder Official Stamp

86