Tender Doc 14 Bid For Drilling Detergent

Geothermal Development Company Ltd
P.O. Box 100746-00101, NAIROBI

0719715 777/8/9/020 2427516/9/36
TENDER FOR SUPPLY OF DRILLING

DETERGENT FOR GEOTHERMAL WELLS
Issued on: 21ST SEPTEMEBR 2016
ICB No: GDC/ICB/DPL/014/2016:2017
PURCHASER: GEOTHERMAL DEVELOPMENT

COMPANY LTD (GDC)
COUNTRY: KENYA
Preface
This Bidding Document for Procurement of Goods has been prepared by Geothermal
Development Company and is based on the Standard Bidding Document for Procurement of
Goods issued by the African Development Bank, dated June 2010.
The Standard Bidding Document for Procurement of Goods reflects the structure and
the provisions of the Master Document for Procurement of Goods, prepared by Multilateral
Development Banks and International Financing Institutions, except where specific
considerations within the African Development Bank have required a change.
2 Section I. Instructions to Bidders
Standard Bidding Document

Table of Contents
PART 1 – Bidding Procedures ............................................................................................... 1
 Section I. Instructions to Bidders .........................................................................................3

 Section II. Bid Data Sheet ..................................................................................................29
 Section III. Evaluation and Qualification Criteria .............................................................34
 Section IV. Bidding Forms ................................................................................................45
 Section V. Eligible Countries ............................................................................................67
PART 2 – Purchaser’s Requirements ................................................................................. 69
 Section VI. Requirements ..................................................................................................70
PART 3 –Conditions of Contract and Contract Forms .................................................... 76
 Section VII. General Conditions ........................................................................................77

 Section VIII. Particular Conditions....................................................................................99
 Section IX. Contract Forms .............................................................................................109
PART 1 – Bidding
Procedures
Section I. Instructions to Bidders 1-3
Section I. Instructions to Bidders
Table of Clauses
A. General 1-5
1. Scope of Bid 1-5
2. Source of Funds 1-5
3. Fraud and Corruption 1-5
4. Eligible Bidders 1-7
5. Eligible Goods and Related Services 1-8
B. Contents of Bidding Document 1-9

6. Sections of Bidding Document 1-9
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 1-9
8. Amendment of Bidding Document 1-11
C. Preparation of Bids 1-11

9. Cost of Bidding 1-11
10. Language of Bid 1-11
11. Documents Comprising the Bid 1-11
12. Letter of Bid and Price Schedules 1-12
13. Alternative Bids 1-12
14. Bid Prices and Discounts 1-13
15. Currencies of Bid and Payment 1-15
16. Documents Establishing the Qualifications of the Bidder 1-15
17. Documents Establishing the Eligibility of the Goods and Related Services 1-15
18. Period of Validity of Bids 1-15
19. Bid Security 1-16
20. Format and Signing of Bid 1-17
D. Submission and Opening of Bids 1-18

21. Submission, Sealing and Marking of Bids 1-18
22. Deadline for Submission of Bids 1-18
23. Late Bids 1-19
24. Withdrawal, Substitution, and Modification of Bids 1-19
25. Bid Opening 1-19
E. Examination of Bids 1-20

26 Confidentiality 1-20
27. Clarification of Bids 1-21
28. Determination of Responsiveness 1-21
1-4 Section I. Instructions to Bidders
F. Bid Evaluation and Comparison 1-22

29. Correction of Arithmetical Errors 1-22
30. Conversion to Single Currency 1-22
31. Bid Adjustments 1-23
32. Qualification of the Bidder 1-23
33. Comparison of Bids 1-23
34. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 1-23
G. Award of Contract 1-24

35. Award Criteria 1-24
36. Notification of Award 1-24
37. Signing of Contract 1-24
38. Performance Security 1-25
Section I. Instructions to Bidders

A. General
1. Scope of Bid 1.1 The Purchaser indicated in Section II, Bid Data Sheet (BDS)
issues this Bidding Document for the procurement of Goods and
related services as specified in Section VI, Requirements. The
name, identification, and number of lots are provided in the BDS.
1.2 Unless otherwise stated, throughout this Bidding Document
definitions and interpretations shall be as prescribed in Section
VII, General Conditions.
2. Source of 2.1 The Borrower or Recipient (hereinafter called ―Borrower‖)
Funds indicated in the BDS has applied for or received financing
(hereinafter called ―funds‖) from the African Development Bank
(hereinafter called ―the Bank‖) toward the cost of the project
named in the BDS. The Borrower intends to apply a portion of
the funds to eligible payments under the contract(s) for which
this Bidding Document is issued.
2.2 Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with the
terms and conditions of the financing agreement between the
Borrower and the Bank (hereinafter called the Loan Agreement),
and will be subject in all respects to the terms and conditions of
that Loan Agreement. No party other than the Borrower shall
derive any rights from the Loan Agreement or have any claim to
the funds.
3. Fraud and 3.1 It is the Bank’s policy to require that Borrowers (including
Corruption beneficiaries of Bank Financing), Bidders, Suppliers,
contractors, and their agents (whether declared or not), sub-
contractors, sub-consultants, service providers or suppliers, and
any personnel thereof, observe the highest standard of ethics
during the procurement and execution of Bank-financed
contracts1. In pursuance of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set
forth below as follows:
1
In this context, any action to influence the procurement process or contract execution for undue advantage is
improper.
(i) ―Corrupt Practice‖ is the offering, giving, receiving,

or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of another
party2;
(ii) ―fraudulent practice‖ is any act or omission, including
a misrepresentation that knowingly or recklessly
misleads, or attempts to mislead, a party3 to obtain
financial or other benefit or to avoid an obligation;
(iii)―Collusive Practice‖ is an arrangement between two or
more parties4, designed to achieve an improper
purpose, including to influence improperly the actions
of another party; and
(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 party5;
(v) ―Obstructive practice‖ is
(v.1) deliberately destroying, falsifying, altering, or

concealing of evidence material to the investigation
or making false statements to investigators in order
to materially impede a Bank investigation 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
(v.2) acts intended to materially impede the exercise of

the Bank’s inspection and audit rights provided for
under paragraph 3.1(e) below.
(b) will reject a proposal for award if it determines that the

Bidder recommended for award, or any of its personnel, or
2
For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the
procurement process or contract execution. In this context, “public official” includes Bank staff and employees
of other organizations taking or reviewing procurement decisions.
3
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and
“obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to
influence the procurement process or contract execution.
4
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including
public officials) attempting either themselves, or through another person or entity not participating in the
procurement or selection process, to simulate competition or to establish bid prices at artificial, non-
competitive levels, or are privy to each other’s bid prices or other conditions.
5
For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract
execution.
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;
(c) will declare misprocurement and cancel the portion of the
Financing allocated to a contract if it determines at any
time that representatives of the Borrower or of a recipient
of any part of the proceeds of such Financing engaged in
corrupt, fraudulent, collusive, coercive or obstructive
practices during the procurement or the implementation of
the contract in question, without the Borrower having
taken timely and appropriate action satisfactory to the
Bank to address such practices when they occur, including
by failing to inform the Bank in a timely manner at the
time they knew of the practices;
(d) will sanction a firm or individual, at any time, in accordance
with the prevailing Bank’s sanctions procedures6,
including by publicly declaring such firm or individual
ineligible either indefinitely or for a stated period of time,
(i) to be awarded a Bank-financed contract; (ii) to be a
nominated7 sub-contractor, consultant, supplier, or service
provider of an otherwise eligible firm being awarded a
Bank-financed contract; and
(e) will require that a clause be included in Bidding Documents
and in contracts financed by the Bank, requiring bidders,
suppliers and contractors, and their sub-contractors,
agents, personnel, consultants, service providers, or
suppliers, to permit the Bank to inspect all accounts, and
records and other documents relating to the submission of
bids and contract performance and to have them audited
by auditors appointed by the Bank.
3.2 Furthermore, Bidders shall be aware of the provisions stated in
6
A firm or an individual may be declared ineligible to be awarded a Bank financed contract: (i) upon
completion of the Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-
debarment as agreed with other International Financial Institutions, including Multilateral Development
Banks, or otherwise decided by the Bank; and through the application of the Proposal for the Implementation of
a Sanctions Process within the African Development Bank Group; and (ii) as a result of temporary suspension
or early temporary suspension in connection with an on-going sanction proceeding. See footnote 18 and
paragraph 9 of Appendix 1 of the Rules and Procedures for Procurement of Goods and Works.
7
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are
used depending on the particular bidding documents) is one which has either been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the bidder to meet the qualification requirement for the particular bid; or (ii) appointed by the
Borrower.”
Section VII, General Conditions.

4. Eligible 4.1 A Bidder may be a natural person, private entity, government-
Bidders owned entity—subject to ITB 4.5—or any combination of such
entities supported by a letter of intent to enter into an agreement
or under an existing agreement in the form of a joint venture,
consortium, or association (JVCA). In the case of a joint venture,
consortium, or association:
a) unless otherwise specified in the BDS, all partners shall be
jointly and severally liable, and
b) the JVCA shall nominate a Representative who shall have
the authority to conduct all businesses for and on behalf of
any and all the partners of the JVCA during the bidding
process and, in the event the JVCA is awarded the
Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country, in accordance with the Bank’s
Rules and Procedures for Procurement of Goods and Works, and
as listed in Section V, Eligible Countries. A Bidder shall be
deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered and operates
in conformity with the provisions of the laws of that country.
This criterion shall also apply to the determination of the
nationality of proposed subcontractors or suppliers for any part
of the Contract including Related Services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest with one or more
parties in this bidding process, if:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy
from any of them; or
(c) they have the same legal representative for purposes of this
bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to information about or influence on the bid of
another Bidder, or influence the decisions of the Purchaser
regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid will

result in the disqualification of all Bids in which it is
involved. However, this does not limit the inclusion of the
same subcontractor, not otherwise participating as a Bidder,
in more than one bid; or
(f) a Bidder participated as a consultant in the preparation of
Section VI, Requirements that are the subject of the bid; or
(g) a Bidder or any of its affiliates has been hired, or is
proposed to be hired, by the Purchaser or the Borrower for
the supervision of the contract.
4.4 A Bidder that is under a declaration of ineligibility by the Bank
in accordance with ITB 3, at the date of the deadline for bid
submission or thereafter, shall be disqualified.
4.5 Government-owned entities in the Borrower’s country shall be
eligible only if they can establish that they (i) are legally and
financially autonomous, (ii) operate under the principles of
commercial law, and (iii) are not dependent agencies of the
Purchaser or the Borrower.
4.6 Bidders shall not be under execution of a Bid–Securing
Declaration in the Purchaser’s Country.
4.7 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Purchaser, as the Purchaser shall reasonably
request.
4.8 Firms from an eligible country shall be excluded if:
(a) as a matter of law or official regulation, the Borrower’s
country 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, the Borrower’s country
prohibits any import of Goods from that country or any
payments to persons or entities in that country.
4.9 In case a prequalification process has been conducted prior to
the bidding process, this bidding is open only to prequalified
Bidders.
4.10 A firm sanctioned by the Bank in accordance with the above ITB
Clause 3.1 (d), or in accordance with the Bank’s policies on anti-
corruption and fraud and Bank’s sanctions procedures8, shall be

ineligible to be awarded a Bank-financed contract, or to benefit
from a Bank-financed contract, financially or in any other manner,
during the period of time determined by the Bank.
5. Eligible Goods 5.1 All goods and related services to be supplied under the Contract
and Related and financed by the Bank, shall have as their country of origin an
Services eligible country of the Bank in accordance with the Bank’s Rules
and Procedures for Procurement of Goods and Works, and as
listed in Section V, Eligible Countries.
5.2 For purposes of this Clause, the term ―Goods‖ includes
commodities, raw material, machinery, equipment, and industrial
plants; and ―Related Services‖ includes services such as
insurance, transportation, installation, commissioning, training,
and initial maintenance.
5.3 The term ―country of 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 imported
components.
5.4 The nationality of the firm that produces, assembles, distributes,
or sells the Goods shall not determine their origin.
B. Contents of Bidding Document

6. Sections of 6.1 The Bidding Document consists of Parts 1, 2, and 3, which
Bidding include all the Sections indicated below, and should be read in
Document conjunction with any Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures

 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Bidding Forms
 Section V. Eligible Countries
PART 2 Purchaser’s Requirements
 Section VI. Requirements
PART 3 Conditions of Contract and Contract Forms
8
See the Proposal for the Implementation of a Sanctions Process within the African Development Bank Group
and the Bank’s Whistleblowing and Complaints Handling Policy. The Bank’s sanctions procedures are publicly
disclosed on the Bank’s external website.”
 Section VII. General Conditions (GC)

 Section VIII. Particular Conditions (PC)
 Section IX. Contract Forms
6.2 The Invitation for Bids issued by the Purchaser is not part of the
Bidding Document.
6.3 The Bidder shall obtain the Bidding Document from the source
stated by the Purchaser in the Invitation for Bids; otherwise the
Purchaser is not responsible for the completeness of the Bidding
Document.
6.4 The Bidder is expected to examine all instructions, forms, terms,
and specifications in the Bidding Document. Failure to furnish
all information or documentation required by the Bidding
Document may result in the rejection of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding

Bidding Document shall contact the Purchaser in writing at the
Document, Site Purchaser’s address indicated in the BDS or raise his enquiries
Visit, Pre-Bid during the pre-bid meeting if provided for in accordance with
Meeting ITB 7.4. The Purchaser will respond to any request for
clarification, provided that such request is received prior to the
deadline for submission of bids, within the number of days
specified in the BDS. The Purchaser’s response shall be in
writing with copies to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3, including a description of
the inquiry but without identifying its source. Should the
Purchaser deem it necessary to amend the Bidding Document as
a result of a request for clarification, it shall do so following the
procedure under ITB 8 and ITB 22.2.
7.2 Where applicable, the Bidder is advised to visit and examine the
project site and obtain for itself on its own responsibility all
information that may be necessary for preparing the bid and
entering into a contract for the provision of the Requirements.
The costs of visiting the site shall be at the Bidder’s own
expense.
7.3 Pursuant to ITB 7.2, where the Bidder and any of its personnel or
agents have been granted permission by the Purchaser to enter
upon its premises and lands for the purpose of such visit, the
Bidder, its personnel, and agents will release and indemnify the
Purchaser and its personnel and agents from and against all
liability in respect thereof, and will be responsible for death or
personal injury, loss of or damage to property, and any other
loss, damage, costs, and expenses incurred as a result of the visit.
7.4 The Bidder’s designated representative is invited to attend a pre-

bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage. If so provided for in the
BDS, the Purchaser will organize a site visit.
7.5 The Bidder is requested, as far as possible, to submit any
questions in writing, to reach the Purchaser not later than one
week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the
questions raised without identifying the source, and the responses
given, together with any responses prepared after the meeting,
will be transmitted promptly to all Bidders who have acquired
the Bidding Document in accordance with ITB 6.3. Any
modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the
Purchaser exclusively through the issue of an Addendum
pursuant to ITB 8 and not through the minutes of the pre-bid
meeting.
7.7 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the
Bidding Purchaser may amend the Bidding Document by issuing
Document addenda.
8.2 Any addendum issued shall be part of the Bidding Document and
shall be communicated in writing to all who have obtained the
Bidding Document from the Purchaser in accordance with ITB
6.3.
8.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Purchaser
may, at its discretion, extend the deadline for the submission of
bids, pursuant to ITB 22.2
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Purchaser shall not be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
10. Language of 10.1 The Bid, as well as all correspondence and documents relating to
Bid the bid exchanged by the Bidder and the Purchaser, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be
in another language provided they are accompanied by an

accurate translation of the relevant passages in that language, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.
11. Documents 11.1 The Bid shall comprise the following:
Comprising the
Bid (a) Letter of Bid ;
(b) Completed Schedules as provided in Section IV, Bidding
Forms;
(c) Bid Security or Bid-Securing Declaration, in accordance
with ITB 19;
(d) at the Bidder’s option, alternative proposals, if
permissible, in accordance with ITB 13;
(e) written confirmation authorizing the signatory of the Bid
to commit the Bidder, in accordance with ITB 20.2;
(f) documentary evidence establishing the eligibility of the
Goods and Related Services offered by the Bidder, in
accordance with ITB 17.1 ;
(g) documentary evidence establishing the Bidder’s
qualifications in accordance with the requirements of
Section III, Evaluation and Qualification Criteria, using
the relevant forms furnished in Section IV, Bidding
Forms;
(h) documentary evidence as specified in the BDS,
establishing the conformity of the goods and related
services offered by the Bidder with the Bidding
Document, using the relevant forms furnished in Section
IV, Bidding Forms;
(i) in the case of a bid submitted by a JVCA, JVCA
agreement, or letter of intent to enter into a JVCA
including a draft agreement, indicating at least the parts of
the Requirements to be executed by the respective
partners;
(j) any other document required in the BDS.
12. Letter of Bid 12.1 The Bidder shall submit the Letter of Bid using the form
and Price furnished in Section IV, Bidding Forms. This form must be
Schedules completed without any alterations to its format, and no
substitutes shall be accepted. All blank spaces shall be filled in
with the information requested.
13. Alternative 13.1 Unless otherwise indicated in the BDS, alternative proposals
Bids shall not be considered. If alternative proposals are permitted,
their method of evaluation shall be as stipulated in Section III,
Evaluation and Qualification Criteria.
13.2 When alternative times for completion are explicitly invited, a
statement to that effect will be included in the BDS, as well as
the method of evaluating different times for completion.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to
offer technical alternatives to the requirements of the bidding
document must first price the Purchaser’s requirements as
described in the bidding document and shall further provide all
information necessary for a complete evaluation of the
alternative by the Purchaser, including drawings, design
calculations, technical specifications, breakdown of prices, and
proposed construction methodology and other relevant details.
Only the technical alternatives, if any, of the lowest evaluated
Bidder conforming to the basic technical requirements shall be
considered by the Purchaser].
13.4 When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the
requirements, and such parts shall be identified in the BDS, as
will the method for their evaluation, and described in Section VI,
Requirements.
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of
Discounts Bid and in the Price Schedules shall conform to the requirements
specified in ITB 14.2.
14.2 Unless otherwise provided in the BDS and the General
Conditions (GC), the prices quoted by the Bidder shall be fixed.
14.3 The price to be quoted in the Letter of Bid shall be the total price
of the Bid excluding any discounts offered.
14.4 The Bidder shall quote any unconditional discounts and the
methodology for their application in the Letter of Bid.
14.5 The terms EXW, CIF, CIP, and other similar terms shall be
governed by the rules prescribed in the current edition of

Incoterms, published by The International Chamber of
Commerce as specified in the BDS.
14.6 Prices shall be quoted as required in each Price Schedule
included in Section IV, Bidding Forms. The disaggregation of
price components is required solely for the purpose of facilitating
the comparison of bids by the Purchaser. This shall not in any
way limit the Purchaser’s right to contract on any of the terms
offered. In quoting prices, the Bidder shall be free to use
transportation through carriers registered in any eligible country,
in accordance with the Bank’s Rules and Procedures for
Procurement of Goods and Works, and as listed in Section V,
Eligible Countries. Similarly, the Bidder may obtain insurance
services from any eligible country, in accordance with the
Bank’s Rules and Procedures for Procurement of Goods and
Works, and as listed in Section V, Eligible Countries. Prices shall
be entered in the following manner:
(a) for Goods offered from within the Purchaser ’s Country:
(i) the prices of the Goods, quoted as per Incoterms
specified in the BDS;
(ii) sales tax
(iii) and all other taxes applicable in the Purchaser’s
Country and payable on the Goods if the Contract is
awarded to the Bidder; and
(iv) the total price for the item.
(c) for Goods offered from outside the Purchaser ’s Country:

(i) the prices of the Goods, quoted as per Incoterms
specified in the BDS;
(ii) all custom duties, sales tax, and other taxes
applicable in the Purchaser ’s Country and payable
on the Goods if the contract is awarded to the
Bidder; and
(iii) the total price for the item.
I for Related Services:

(i) the price of the Related Services inclusive of all
customs duties, sales tax, and other taxes paid or
payable in the Purchaser ’s country, if the Contract is
awarded to the Bidder.
14.7 Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the Contract and not subject to variation on any
account, unless otherwise specified in the BDS. A bid submitted
with an adjustable price quotation shall be treated as
nonresponsive and shall be rejected, pursuant to ITB 28.
However, if in accordance with the BDS, prices quoted by the
Bidder shall be subject to adjustment during the performance of
the Contract, a bid submitted with a fixed price quotation shall
not be rejected, but the price adjustment shall be treated as zero.
14.8 If so indicated pursuant to ITB 1.1, bids are being invited for
individual contracts (lots) or for any combination of contracts
(packages). Unless otherwise indicated in the BDS, 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. Bidders
wishing to offer any price reduction for the award of more than
one Contract shall specify the applicable price reductions in
accordance with ITB 14.4, provided the bids for all lots are
submitted and opened at the same time.
15. Currencies of 15.1 The currency(ies) of the bid and the currency(ies) for payment
Bid and shall be as specified in the BDS.
Payment
16. Documents 16.1 To establish its qualifications to perform the Contract in
Establishing accordance with Section III, Evaluation and Qualification
the Criteria, the Bidder shall provide the information requested in
Qualifications Section IV, Bidding Forms.
of the Bidder
16.2 If so required in the BDS, a Bidder shall submit the
Manufacturer’s Authorization, using the form included in
Section IV, Bidding Forms where the Bidder does not
manufacture or produce the Goods it offers to supply.
16.3 If so required in the BDS, a Bidder shall submit evidence that it
will be 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 Requirements where a Bidder does not conduct
business within the Purchaser’s Country.
17. Documents 17.1 To establish the eligibility of the Goods and Related Services in
Establishing accordance with ITB 5, Bidders shall complete the forms,
the Eligibility included in Section IV, Bidding Forms.
of the Goods
and Related
Services
18. Period of 18.1 Bids shall remain valid for the period specified in the BDS after
Validity of Bids the bid submission deadline date prescribed by the Purchaser. A
bid valid for a shorter period shall be rejected by the Purchaser as
non-responsive.
18.2 In exceptional circumstances, prior to the expiration of the bid
validity period, the Purchaser may request Bidders to extend the
period of validity of their bids. The request and the responses
shall be made in writing. If a bid security is requested in
accordance with ITB 19, the Bidder granting the request shall
also extend the bid security for twenty-eight (28) days beyond
the deadline of the extended validity period. A Bidder may refuse
the request without forfeiting its bid security. A Bidder granting
the request shall not be required or permitted to modify its bid,
except as provided in ITB 18.3.
18.3 In the case of fixed price contracts, if the award is delayed by a
period exceeding fifty-six (56) days beyond the expiry of the
initial bid validity, the Contract price shall be adjusted as
specified in the request for extension. Bid evaluation shall be
based on the Bid Price without taking into consideration the
above correction.
19. Bid Security 19.1 The Bidder shall furnish as part of its bid, at the option of the
Purchaser, and as stipulated in the BDS, the original of either a
Bid-Securing Declaration or a bid security using the relevant
form included in Section IV, Bidding Forms. In the case of a bid
security, the bid security amount and currency shall be as
specified in the BDS.
19.2 A Bid-Securing Declaration shall use the form included in
Section IV, Bidding Forms.
19.3 If a bid security is specified pursuant to ITB 19.1, the bid
security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional guarantee issued by a
bank or surety;
(b) an irrevocable letter of credit; or
(c) a cashier’s or certified check;
From a reputable source from an eligible country. If the
unconditional guarantee is issued by an insurance company or a
bonding company located outside the Purchaser’s Country, the
issuer shall have a correspondent financial institution located in
the Purchaser’s Country to make it enforceable. In the case of a
bank guarantee, the bid security shall be submitted either using

the Bid Security Form included in Section IV, Bidding Forms or
in another substantially similar format approved by the Purchaser
prior to bid submission. In either case, the form must include the
complete name of the Bidder. The bid security shall be valid for
twenty-eight days (28) beyond the original validity period of the
bid, or beyond any period of extension if requested under ITB
18.2.
19.4 Pursuant to the option stipulated at ITB 19.1, any bid not
accompanied by a substantially responsive bid security or Bid-
Securing Declaration shall be rejected by the Purchaser as non-
responsive.
19.5 If a bid security is specified pursuant to ITB 19.1, the bid
security of unsuccessful Bidders shall be returned as promptly as
possible upon the successful Bidder’s furnishing of the
performance security pursuant to ITB 38.
19.6 The bid security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed the
Contract and furnished the required performance security.
19.7 The bid security may be forfeited or the Bid-Securing
Declaration executed:
(a) if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder in the Letter of Bid or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 37; or
(ii) furnish a performance security in accordance
with ITB 38.
19.8 The Bid Security or the Bid Securing Declaration of a JVCA
shall be in the name of the JVCA that submits the bid. If the
JVCA has not been legally constituted into a legally enforceable
JVCA at the time of bidding, the Bid Security or the Bid
Securing Declaration shall be in the names of all future partners
as named in the letter of intent referred to in ITB 4.1.
19.9 If a Bid-Securing Declaration is executed in accordance with ITB
19.7, the Purchaser will declare the Bidder ineligible to be
awarded a contract by the Purchaser for the period of time stated
in the Form of Bid-Securing Declaration.
20. Format and 20.1 The Bidder shall prepare one original of the documents
Signing of Bid comprising the bid as described in ITB 11 and clearly mark it
―ORIGINAL.‖ In addition, the Bidder shall submit copies of the

bid, in the number specified in the BDS and clearly mark them
―COPY.‖ In the event of any discrepancy between the original
and the copies, the original shall prevail.
20.2 The original and all copies of the bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to
sign on behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS and shall be
attached to the bid. The name and position held by each person
signing the authorization must be typed or printed below the
signature. All pages of the bid where entries have been made
shall be signed or initialled by the person signing the bid.
20.3 A bid submitted by a JVCA shall comply with the following
requirements:
(a) Unless not required in accordance with ITB 4.1 (a), be signed
so as to be legally binding on all partners; and
(b) Include the Representative’s authorization referred to in ITB
4.1 (b), consisting of a power of attorney signed by those
legally authorized to sign on behalf of the JVCA.
20.4 Any amendments, interlineations, erasures, or overwriting shall
be valid only if they are signed or initialled by the person signing
the bid.
D. Submission and Opening of Bids

21. Submission, 21.1 Bidders may always submit their bids by mail or by hand. If so
Sealing and specified in the BDS, bidders shall have the option of submitting
Marking of their bids electronically. Procedures for submission, sealing and
Bids marking are as follows:
(a) Bidders submitting bids by mail or by hand shall enclose the
original and copies of the Bid in separate sealed envelopes. If
so permitted in accordance with ITB 13, alternative
proposals, and copies thereof, shall also be placed in separate
envelopes. The envelopes shall be duly marked as
―ORIGINAL,‖ ―ALTERNATIVE,‖ ―ORIGINAL COPY,‖
and ―ALTERNATIVE COPY‖ These envelopes shall then be
enclosed in one single package. The rest of the procedure
shall be in accordance with ITB 21.2 and 21.3.
(b) Bidders submitting bids electronically shall follow the
electronic bid submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;

(b) be addressed to the Purchaser in accordance with ITB
22.1;
(c) bear the specific identification of this bidding process
pursuant to ITB 1.1; and
(d) bear a warning not to open before the time and date for bid
opening
21.3 If envelopes and packages are not sealed and marked as required,
the Purchaser will assume no responsibility for the misplacement
or premature opening of the bid.
22. Deadline for 22.1 Bids must be received by the Purchaser at the address and no
Submission of later than the date and time indicated in the BDS.
Bids
22.2 The Purchaser may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations
of the Purchaser and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.
23. Late Bids 23.1 The Purchaser shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 22. Any
bid received by the Purchaser after the deadline for submission
of bids shall be declared late, rejected, and returned unopened to
the Bidder.
24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its bid after it has
Substitution, been submitted by sending a written notice, duly signed by an
and authorized representative, and shall include a copy of the
Modification of authorization in accordance with ITB 20.2, (except that withdrawal
Bids notices do not require copies). The corresponding substitution or
modification of the bid must accompany the respective written
notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20 and
ITB 21 (except that withdrawals notices do not require
copies), and in addition, the respective envelopes shall be
clearly marked ―Withdrawal,‖ ―Substitution,‖
―Modification;‖ and
(b) received by the Purchaser prior to the deadline prescribed
for submission of bids, in accordance with ITB 22.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the

interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder on
the Letter of Bid or any extension thereof.
25. Bid Opening 25.1 The Purchaser shall conduct the bid opening in public, in the
presence of Bidders` designated representatives and anyone who
choose to attend, and at the address, date and time specified in
the BDS. Any specific electronic bid opening procedures
required if electronic bidding is permitted in accordance with
ITB 21.1, shall be as specified in the BDS.
25.2 First, envelopes marked ―Withdrawal‖ shall be opened and read
out and the envelope with the corresponding bid shall not be
opened, but returned to the Bidder. No bid withdrawal shall be
permitted unless the corresponding withdrawal notice contains a
valid authorization to request the withdrawal and is read out at
bid opening. Next, envelopes marked ―Substitution‖ shall be
opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but
returned to the Bidder. No bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid
opening. Envelopes marked ―Modification‖ shall be opened and
read out with the corresponding bid. No bid modification shall be
permitted unless the corresponding modification notice contains
a valid authorization to request the modification and is read out
at bid opening. Only bids that are opened and read out at bid
opening shall be considered further.
25.3 The Purchaser shall open all other envelopes one at a time and
read out: the name of the Bidder, the Bid Price(s), any discounts
and their application methodology, alternative bids, the presence
or absence of a bid security or Bid-Securing Declaration; and any
other details as the Purchaser may consider appropriate. Only
discounts and alternative bids read out at bid opening shall be
considered for evaluation. No bid shall be rejected at bid opening
except for late bids, in accordance with ITB 23.1.
25.4 The Purchaser shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder and whether there
is a withdrawal, substitution, or modification; the Bid Price, per
lot if applicable, including any discounts and alternative
proposals; and the presence or absence of a bid security or a Bid-
Securing Declaration. The Bidders’ representatives who are
present shall be requested to sign the record. The omission of a
Bidder’s signature on the record shall not invalidate the contents
and effect of the record. A copy of the record shall be distributed
to all Bidders who submitted bids in time, and posted online

when electronic bidding is permitted.
E. Examination of Bids
26. Confidentiality 26.1 Information relating to the evaluation of bids shall not be
disclosed to Bidders or any other persons not officially
concerned with such process until information on Contract
award is communicated to all Bidders.
26.2 Any attempt by a Bidder to influence improperly the Purchaser
in the evaluation of the bids or Contract award decisions may
result in the rejection of its bid.
26.3 Notwithstanding ITB 26.1, from the time of bid opening to the
time of Contract award, if any Bidder wishes to contact the
Purchaser on any matter related to the bidding process, it should
do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of the
Bids bids, and qualification of the Bidders, the Purchaser may, at its
discretion, ask any Bidder for a clarification of its bid, allowing a
reasonable time for response. Any clarification submitted by a
Bidder that is not in response to a request by the Purchaser shall
not be considered. The Purchaser’s request for clarification and
the response shall be in writing. No change in the prices or
substance of the bid shall be sought, offered, or permitted, except
to confirm the correction of arithmetic errors discovered by the
Purchaser in the evaluation of the bids, in accordance with ITB
29.
27.2 If a Bidder does not provide clarifications of its bid by the date
and time set in the Purchaser’s request for clarification, its bid
may be rejected.
28. Determination 28.1 The Purchaser’s determination of a bid’s responsiveness is to be

of based on the contents of the bid itself, as defined in ITB 11.
Responsiveness
28.2 A substantially responsive bid is one that meets the requirements
of the Bidding Document without material deviation, reservation,
or omission.
(a) ―Deviation‖ is a departure from the requirements specified in
the Bidding Document;
(b) ―Reservation‖ is the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the Bidding Document; and
I ―Omission‖ is the failure to submit part or all of the

information or documentation required in the Bidding
Document.
28.3 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 Requirements as specified in Section VI;
or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Purchaser’s rights or the Bidder’s obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
28.4 The Purchaser shall examine the technical aspects of the bid in
particular, to confirm that all requirements of Section VI have
been met without any material deviation, reservation, or
omission.
28.5 If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Purchaser and may
not subsequently be made responsive by correction of the
material deviation, reservation, or omission.
28.6 Provided that a bid is substantially responsive, the Purchaser may
waive any quantifiable nonconformity in the bid that does not
constitute a material deviation, reservation or omission.
28.7 Provided that a bid is substantially responsive, the Purchaser may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the bid. Failure of the Bidder to comply with the request may
result in the rejection of its bid.
28.8 Provided that a bid is substantially responsive, the Purchaser
shall rectify quantifiable nonmaterial nonconformities related to
the Bid Price. To this effect, the Bid Price shall be adjusted, for
comparison purposes only, to reflect the price of the non-
conforming item or component. The adjustment shall be made
using the methodology indicated in Section III, Evaluation and
Qualification Criteria.
F. Bid Evaluation and Comparison

29. Correction of 29.1 The Purchaser shall use the criteria and methodologies indicated
Arithmetical in Section III, Evaluation and Qualification Criteria. No other
Errors evaluation criteria or methodologies shall be permitted.
29.2 Provided that the bid is substantially responsive, the Purchaser
shall correct arithmetical errors as indicated in Section III,
Evaluation and Qualification Criteria.
29.3 If a Bidder does not accept the correction of errors, its bid shall
be declared non-responsive and its Bid Security shall be forfeited
or the Bid –Securing Declaration executed.
30. Conversion to 30.1 For evaluation and comparison purposes, the currency (ies) of the
Single bid shall be converted into a single currency as specified in
Currency Section III, Evaluation and Qualification Criteria.
31. Bid 31.1 For evaluation and comparison purposes the Purchaser shall
Adjustments adjust the bid prices using the criteria and methodology specified
in Section III. Evaluation and Qualification Criteria.
31.2 Unless otherwise specified in the BDS, no margin of domestic or
regional preference shall apply. If a margin of preference applies,
the application methodology shall be as specified in Section III,
Evaluation and Qualification Criteria, and in accordance with the
provisions stipulated in the Bank’s Rules and Procedures for
Procurement of Goods and Works.
32. Qualification 32.1 The Purchaser shall determine to its satisfaction whether the
of the Bidder Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid meets the qualifying criteria
specified in Section III, Evaluation and Qualification Criteria.
32.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by
the Bidder, pursuant to ITB 16.
32.3 An affirmative determination shall be a prerequisite for award of
the Contract to the Bidder. A negative determination shall result
in disqualification of the bid, in which event the Purchaser shall
proceed to the next lowest evaluated bid to make a similar
determination of that Bidder’s qualifications to perform
satisfactorily.
32.4 The capabilities of the manufacturers and subcontractors proposed
in its Bid to be used by the lowest evaluated Bidder for identified
major items of the Requirements will also be evaluated for

acceptability in accordance with the criteria and methodologies
defined in Section III, Evaluation and Qualification Criteria. Their
participation should be confirmed with a letter of intent between
the parties, as needed. Should a manufacturer or subcontractor be
determined to be unacceptable, the Bid will not be rejected, but
the Bidder will be required to substitute an acceptable
manufacturer or subcontractor without any change to the bid
price.
33. Comparison of 33.1 Subject to ITB 29, 30 and 31, the Employer shall compare all
Bids substantially responsive bids to determine the lowest evaluated
bid.
34. Purchaser’s 34.1 The Purchaser reserves the right to accept or reject any bid, and
Right to Accept to annul the bidding process and reject all bids at any time prior
Any Bid, and to contract award, without thereby incurring any liability to
to Reject Any Bidders. In case of annulment, all bids submitted and
or All Bids specifically, bid securities, shall be promptly returned to the
Bidders.
G. Award of Contract
35. Award Criteria 35.1 Subject to ITB 34.1, the Purchaser shall award the Contract to the
Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
35.2 At the time the Contract is awarded, the Purchaser reserves the
right to increase or decrease the quantity of Goods and Related
Services originally specified in Section VI, Requirements,
provided this does not exceed the percentages specified in the
BDS, and without any change in the unit prices or other terms and
conditions of the bid and the Bidding Document.
36.1 Prior to the expiration of the period of bid validity, the Purchaser
36. Notification of
shall notify the successful Bidder, in writing, that its bid has been
Award
accepted. The notification letter (hereinafter and in the
Conditions of Contract and Contract Forms called the ―Letter of
Acceptance‖) shall specify the sum that the Purchaser will pay
the Supplier in consideration of the supply of the Goods and
Related Services (hereinafter and in the Contract Forms called
―the Contract Price‖).
36.2 Until a formal contract is prepared and executed, the notification
of award shall constitute a binding Contract.
36.3 At the same time, the Purchaser shall also notify all other
Bidders of the results of the bidding process, and shall publish in
UNDB online and at the Bank’s website (www.afdb.org), the
results identifying the bid and lot numbers and the following
information: (i) name of each Bidder who submitted a Bid; (ii)
bid prices as read out at bid opening; (iii) name and evaluated
prices of each Bid that was evaluated; (iv) name of bidders
whose bids were rejected and the reasons for their rejection; and
(v) name of the winning Bidder, and the price it offered, as well
as the duration and summary scope of the contract awarded.
After publication of the award, unsuccessful bidders may request
in writing to the Purchaser for a debriefing seeking explanations
on the grounds on which their bids were not selected. The
Purchaser shall promptly respond in writing to any unsuccessful
Bidder who, after Publication of contract award, requests a
debriefing.
37.1 Promptly upon notification, the Purchaser shall send the

37. Signing of
successful Bidder the Contract Agreement.
Contract
37.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to
the Purchaser.
37.3 Upon the successful Bidder’s furnishing of the signed Contract
Agreement and Performance Security pursuant to ITB 38, the
Purchaser will discharge its Bid Security, pursuant to ITB 19.
37.4 Notwithstanding ITB 37.2 above, in case signing of the Contract
Agreement is prevented by any export restrictions attributable to
the Purchaser, to the country of the Purchaser, or to the use of the
products/goods, systems or services to be supplied, where such
export restrictions arise from trade regulations from a country
supplying those products/goods, systems or services, the Bidder
shall not be bound by its bid, always provided, however, that the
Bidder can demonstrate to the satisfaction of the Purchaser and
of the Bank that signing of the Contract Agreement has not been
prevented by any lack of diligence on the part of the Bidder in
completing any formalities, including applying for permits,
authorizations and licenses necessary for the export of the
products/goods, systems or services under the terms of the
Contract Agreement.
38.1 Within twenty-eight (28) days of the receipt of notification of
38. Performance
award from the Purchaser, the successful Bidder shall furnish the
Security
performance security in accordance with the conditions of
contract, using for that purpose the Performance Security Form

included in Section IX, Contract Forms, or another form
acceptable to the Purchaser. If the performance security furnished
by the successful Bidder is in the form of a bond, it shall be issued
by a bonding or insurance company that has been determined by
the successful Bidder to be acceptable to the Purchaser. A foreign
institution providing a bond shall have a correspondent financial
institution located in the Purchaser’s Country.
Failure of the successful Bidder 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 bid security, or execution of the Bid-Securing Declaration.
In that event the Purchaser may award the Contract to the next
lowest evaluated Bidder whose offer is substantially responsive
and is determined by the Purchaser to be qualified to perform the
Contract satisfactorily.
Section II. Bid Data Sheet 1-29
Section II. Bid Data Sheet
A. General
ITB 1.1 The number of the Invitation for Bids is : GDC/ ICB / DPL /014/2016-2017
ITB 1.1 The Purchaser is:

Geothermal Development Company Limited,
GDC Kawi House Office, South C Bellevue, Off Mombasa Road, Red
Cross Road, P.O Box 100746 – 00101
NAIROBI, KENYA
The name of the bidding process is: Tender for Supply of Drilling Detergent
ITB 1.1
for Geothermal Wells
The identification number of the bidding process is:
GDC/ICB/DPL /014/2016-2017
The number and identification of lots comprising this bidding process are: N/A
ITB 2.1 The Borrower is: Governement of Kenya (GOK)
ITB 2.1 The specific Bank financing institution is: African Development Fund
ITB 2.1 The name of the Project is: Menengai Geothermal Development Project
ITB 4.1 (a) The individuals or firms in a joint venture, consortium or association shall be
jointly and severally liable.
B. Contents of Bidding Document

For clarifications purposes only, the Purchaser’s address is:
ITB 7.1
Attention: Manager Supply Chain
Street Address: P. O. Box 100746-00101
Floor/Room number: GDC Kawi House Office, Ground Floor
City: Nairobi
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: Kenya
Telephone: + 254-0719715777/8/9/, +254 0719 036000, +254-0719 037000
+254-020-2427516/9/36
Facsimile number: Not Applicable
1-30 Section II. Bid Data Sheet
Electronic mail address: dkyaka@gdc.co.ke; pkapto@gdc.co.keand copied to:

rngosi@gdc.co.ke
Requests for clarifications should be received by the Purchaser no later than 14
days, prior to the deadline for submission of Bids.
A Pre-Bid meeting shall not take place.
ITB 7.4
If a Pre-Bid meeting will take place, it will be at the following date, time and
place:
Date: Not Applicable
Time: Not Applicable
Place: Not Applicable
A site visit conducted by the Purchaser shall not be organized.
If a Site Visit will take place, it will be at the following date, time and place:
Date: Not Applicable
Time: Not Applicable
Place: Not Applicable
C. Preparation of Bids
The language of the bid is: English
ITB 10.1
The Bidder must provide the following documentary evidence to establish the
ITB 11.1 (h)
conformity of the goods and Related Services with the Bidding Document:
Refer to Section VI.
ITB 11.1 (j) The Bidder shall submit with its bid the following additional documents:
None
ITB 13.1 Alternative bids are not permitted.
ITB 13.2 Alternatives to the Time Schedule shall not be permitted.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the
Goods and Related Services, as further detailed in the Specification: None.
ITB 14.2 Prices shall be fixed.
ITB 14.5 The version of the Incoterms is: INCOTERMS 2010
ITB14.6 Bidders are required to quote prices exclusive of all taxes (Import duties, VAT,
IDF fees and Railway Development Levy etc).
ITB 14.6(a)(i) The Incoterm for quoting goods offered from within the Purchaser’s country is:
DDP Menengai, Nakuru.
ITB 14.6(b) The Incoterm for quoting goods offered from outside the Purchaser’s country
(i) is: DDU Menengai, Nakuru.
ITB 14.7 The prices quoted by the bidder shall not be subject to adjustment during the
performance of the Contract.
ITB 14.8 Prices quoted for each lot shall correspond at least to 100 % of the items
specified for each lot.
Prices quoted for each item of a lot shall correspond at least to 100 % of the
quantities specified for this item of a lot.
The currency(ies) of the bid and the payment currency(ies) shall be as described
ITB 15.1
below:
(Bidders allowed to quote in local and foreign currencies):

(a) The unit rates and prices shall be quoted by the Bidder in the Price
Schedules for Goods and Related Services, furnished in Section IV, Bidding
Forms, separately in the following currencies:
(i) for those inputs to the Requirements that the Bidder expects to
supply from within the Purchaser’s country, in Kenya Shilling (KES) further
referred to as ―the local currency‖; and
for those inputs to the Requirements that the Bidder expects to supply from
outside the Purchaser’s country in United States Dollars (USD) or any other
freely convertible currecny (referred to as ―the foreign currency
requirements‖), in up to any three currencies of any country.
Bidders may be required by the Purchaser to justify, to the Purchaser’s
satisfaction, their local and foreign currency requirements, and to substantiate
that the amounts included in the unit rates and prices and shown in the Price
Schedules for Goods and Related Services, furnished in Section IV, Bidding
Forms, are reasonable, in which case a detailed breakdown of the foreign
currency requirements shall be provided by Bidders.
The Bidder shall submit with its bid, the Manufacturer’s Authorization for the
ITB 16.2
following part: For All Schedules.
The Bidder shall not submit with its bid, evidence that it will be represented by
ITB 16.3
an Agent in the country.
The bid validity period shall be: 150 days.

ITB 18.1
1-32 Section II. Bid Data Sheet
The Bidder shall furnish a bid security in the amount of USD. 25,000 in the
ITB 19.1
form of a Bank guarantee issued by a local bank or a bank with local
correspondence.
In addition to the original of the bid, the number of copies is: 2

ITB 20.1
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall
indicate:
The name and description of the documentation required to demonstrate the
authority of the signatory to sign the Bid such as a Power of Attorney; and
In the case of Bids submitted by an existing or intended JVCA an undertaking
signed by all parties (i) stating that all parties shall be jointly and severally
liable, if so required in accordance with ITB 4.1(a), 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.‖
D. Submission and Opening of Bids

Bidders shall not have the option of submitting their bids electronically.
ITB 21.1
The electronic bidding submission procedures shall be: Not Applicable
ITB 21.1 (b)
For bid submission purposes only, the Purchaser’s address is:
ITB 22.1
The Managing Director & CEO,
Geothermal Development Company Ltd (GDC)
GDC Kawi House, South C
P.O Box 100746 – 00101,
Nairobi-Kenya,
The tenderer shall seal the original and copies of the tender in separate
envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” The
envelopes shall then be sealed in an outer envelope. The inner and outer
envelopes shall be addressed as indicated below and;
bear, "TENDER FOR SUPPLY OF DRILLING DETERGENT FOR

GEOTHERMAL WELLS", and the statement: “DO NOT OPEN EXCEPT
IN THE PRESENCE OF THE TENDER OPENING COMMITTEE”.
The inner envelopes shall also indicate the name and address of the Supplier to
enable the tender to be returned unopened in case it is declared ―late‖.
The deadline for bid submission is:
Date: 8th November 2016
Time: 11:00 a.m EA Local Time
ITB 25.1 The bid opening shall take place at:

Street Address: Kawi House, South C Bellevue, Off Mombasa Road, Red Cross
Road,
Floor/Room number: GDC Kawi House Ground Floor
City : Nairobi
Country: Kenya
Date: 8th November 2016
Time: 11.15a.m
The electronic bid opening procedures shall be: Not applicable
ITB 25.1
F. Bid Evaluation and Comparison

ITB 31.2 A margin of domestic or regional preference shall not apply
G. Award of Contract
The maximum percentage by which quantities may be increased is: 15%.
ITB 35.2
The maximum percentage by which quantities may be decreased is: 15 %.
1-34 Section III. Evaluation and Qualification Criteria
Section III. Evaluation and Qualification Criteria

This Section contains all the criteria that the Purchaser shall use to evaluate bids and qualify Bidders. In
accordance with ITB 28 and ITB 32, no other factors, methods or criteria shall be used. The Bidder shall
provide all the information requested in the forms included in Section IV, Bidding Forms.
Evaluation Criteria and Methodology

Alternative Proposal (If permitted in accordance with ITB 13.1)
Technical Alternative: Not Applicable
Alternative Time for Completion: Not Applicable
Correction of Arithmetical Errors (In accordance with ITB 29.1)

(a) Where there are errors between the total of the amounts given under the column for the
price breakdown and the amount given under the Total Price, the former shall prevail
and the latter will be corrected accordingly
(b) If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price
shall be corrected, unless in the opinion of the Purchaser there is an obvious
misplacement of the decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;
(c) If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
4(d) If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
Conversion to a Single Currency (In accordance with ITB 30)
The currency that shall be used for bid evaluation and comparison purposes to convert
all bid prices expressed in various currencies into a single currency is:
Kenya Shilling (KES)

The source of exchange rate shall be: The Central Bank of Kenya (CBK) Selling rate.
The date for the exchange rate shall be: Tender Closing/Submission
Discounts (In accordance with ITB 14.4)
The Purchaser will adjust the Bid Price, using the methodology prescribed by the Bidder
in its Letter of Bid, to take account of the Discounts offered by the Bidder in its Letter
Section III. Evaluation and Qualification Criteria 1-35
of Bid, as read out at the Bid Opening.
Quantifiable Nonmaterial Nonconformities (In accordance with ITB 28.8)
The adjustment shall be made using the following methodology: Not Applicable
Margin of Domestic or Regional Preference Not Applicable
Any other Criteria or Methodology - see 1.7 (a), (b) & (c)
1.7 (a) Preliminary evaluation
The qualification criteria in Part 2 of this section shall apply.
1.7 (b) Technical evaluation

Tenders will be evaluated to acertain compliance with technical specifications.
Bidders must demonstate compliance with the technical specifications as stated in Section VI of the
tender document. Bidders Must attach Brochures/Catalogues indicating Conformance to Specification
NB: Only bids conforming to the technical specifications will proceed for the financial evaluation.
17 (c) Financial Evaluation

The evaluation committee will carry out arithmetical checks of all the ítems, the payment terms and
delivery period. The bid that meets the requirement of the tender and is determined to be the lowest
evaluated will be recommended for award. The award will be lowest evaluated per complete
Schedule.
Qualification Criteria
N.B.: This SBD for Procurement of Goods assumes that no Prequalification has taken place before
bidding. However, if a Prequalification process is undertaken, the Qualification Criteria stipulated in this
Section III, Evaluation and Qualification Criteria must be updated to ensure that the Bidder and any
Subcontractors shall meet or continue to meet the Criteria used at the time of Prequalification.
2 Qualification (Without Prequalification)
2.1 Eligibility (TABLE)
2.2 Historical Contract Non-Performance (TABLE)
2.3 Financial Situation (TABLE)
2.4 Experience (TABLE)

2. Qualification Tables (Without Prequalification)
Qualification Criteria
2.1 Eligibility
Factor
Criteria
Bidder
Sub-Factor Single Joint Venture, Consortium or Documentation

Association Required
Requirement Entity
All Each At least one
partners partner partner
combined
2.1.1 Nationality Nationality in accordance Must meet Existing or Must meet N/A Form ELI –1.1
with ITB 4.2. requirement intended requirement and 1.2, with
JVCA must attachments
meet
requirement
2.1.2 Conflict of No- conflicts of interests Must meet Existing or Must meet N/A Letter of Bid
Interest as described in ITB 4.3. requirement intended requirement
JVCA must
meet
requirement
2.1.3 Bank Not having been declared Must meet Existing Must meet N/A Letter of Bid
Ineligibility ineligible by the Bank as requirement JVCA must requirement
described in ITB 4.4. meet
requirement
2.1 Eligibility
Factor
Criteria
Bidder
Sub-Factor Single Joint Venture, Consortium or Documentation

Association Required
Requirement Entity
All Each At least one
combined
2.1.4 Government Compliance with Form ELI –1.1
Must meet Must meet Must meet
Owned conditions of ITB 4.5 N/A and 1.2, with
requirement requirement requirement
Entity attachments
2.1.5 Ineligibility Not having been excluded Letter of Bid
based on a as a result of the
United Borrower’s country laws Existing
Nations or official regulations, or Must meet JVCA must Must meet
N/A
resolution or by an act of compliance requirement meet requirement
Borrower’s with UN Security Council requirement
country law resolution, in accordance
with ITB 4.8
2.2 Historical Contract Non-Performance

Factor
Criteria
Bidder
Sub-Factor Joint Venture, Consortium or Documentation

Requirement Association Required
Single
Entity All Each At least one
combined
2.2.1 History of Non-performance of a Form CON - 2
non- contract did not occur
performing within the last Five (5)
contracts years prior to the
deadline for application
submission, based on all
information on fully Must meet Must meet
settled disputes or requirement requirement
litigation. A fully settled by itself or N/A by itself or
dispute or litigation is one as partner as partner N/A
that has been resolved in to past or to past or
accordance with the existing existing
Dispute Resolution JVCA JVCA
Mechanism under the
respective contract, and
where all appeal
instances available to the
bidder have been
exhausted.
2.2 Historical Contract Non-Performance

Factor
Criteria
Bidder
Sub-Factor Joint Venture, Consortium or Documentation

Requirement Association Required
Single
Entity All Each At least one
combined
2.2.2 Failure to Not being under execution Must meet Letter of Bid
Sign of a Bid-Securing the
Must meet
Contract Declaration pursuant to requirement
the N/A N/A
ITB 4.6 for 5 years itself or as
requirement
partner to a
JVCA
2.2.3 Pending All pending litigation Must meet Must meet Form CON – 2
Litigation shall in total not represent requirement requirement
more than Fifty percent by itself or by itself or
(50%) of the Bidder’s net as partner to N/A as partner to N/A
worth and shall be treated past or past or
as resolved against the existing existing
Bidder. JVCA JVCA
Factor 2.3 Financial Situation

Criteria
Bidder
Joint Venture, Consortium or
Documentation
Sub-Factor Association
Requirement Single Required
All
Entity Each At least one
partners
partner partner
combined
2.3.1 Submission of audited
Historical balance sheets or if not
Financial required by the law of the
Performance bidder’s country, other
financial statements
acceptable to the
Purchaser, for the last
Three (3) years to
demonstrate the current Must meet Must meet Form FIN – 3.1
soundness of the bidders requirement N/A N/A
requirement with attachments
financial position and its
prospective long term
profitability.
Criterion1:
Criterion 2:
2.3.2. Minimum average annual

Average turnover of Kshs. 105 Must meet
Must meet
Annual million (USD 1.05 Twenty
Fourty
Turnover Million) calculated as Must meet Must meet Five (25%)
(40%) of Form FIN –3.2
total certified payments requirement requirement of the
the
received for contracts in requirement
requirement
progress or completed,
within the last five (5)
Factor 2.3 Financial Situation

Criteria
Bidder
Joint Venture, Consortium or
Documentation
Sub-Factor Association
Requirement Single Required
All
Entity Each At least one
partners
partner partner
combined
years
2.3.3. The Bidder must

Financial demonstrate access to, or
Resources availability of, financial
resources such as liquid
assets, unencumbered real
assets, lines of credit, and Form FIN –3.3
other financial means,
other than any contractual
Must meet
advance payments to meet:
Twenty Must meet
(i) USD 1,500,000 cash-
Five Fourty
flow requirement: and +
Must meet Must meet percent (25 percent
(ii) the overall cash flow
requirement requirement %) of the (40%) of
requirements for this Form CCC
requirement the
contract and its current
requirement
commitments.
Form FIN –3.3
Form CCC
2.4 Experience
Factor
Criteria
Bidder
Documentation
Sub-Factor Joint Venture, Consortium or Required
Requirement
Single Entity Association
All partners Each At least one
combined partner partner
2.4.1 Experience Experience as Supplier, at
least three (3) contracts
within the last Ten (10)
years, each with a value of at Must
least Kshs. 30 Million meet
(USD. 300,000) , that have Twenty
been successfully and Must meet Five Must meet
substantially completed and Must meet requirements percent Fourty (40%)
Form EXP 2.4.1
that are similar to the requirement for all (25 %) of the
proposed Goods and Related characteristics of the requirement
Services. The similarity shall requirem
be based on the physical size, ent
complexity,
methods/technology or other
characteristics as described in
Section IV, Bidding Forms.
Section IV. Bidding Forms 1-45
Section IV. Bidding Forms
Table of Forms
Letter of Bid........................................................................................................................... 46
Price Schedule for Goods and Related Services ................................................................. 48
Form of Bid Security (Bank Guarantee) ............................................................................ 51
Form of Bid–Securing Declaration...................................................................................... 54
Manufacturer’s Authorization ............................................................................................ 55
Bidder’s Qualification .......................................................................................................... 56
Bidder Information Sheet..................................................................................................... 57
Partner to JVCA Information Sheet ................................................................................... 58
Historical Contract Non-Performance ................................................................................ 59
Current Contract Commitments ......................................................................................... 60
Financial Situation ................................................................................................................ 61
Average Annual Turnover ................................................................................................... 63
Financial Resources .............................................................................................................. 64
Experience ............................................................................................................................. 65
Experience (cont.) ................................................................................................................. 66

1-46 Section IV. Bidding Forms
Letter of Bid
Date:
ICB No.:
Invitation for Bid No.:
Alternative No.:
To: _______________________________________________________________________
We, the undersigned, declare that:
We have examined and have no reservations to the Bidding Document, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8: ;
We offer to supply, in conformity with the Bidding Document, the following Goods and
Related Services:
within delivery period;
The total price of our Bid, excluding any discounts offered in item (d) below is:
[amount of foreign currency in words] , [amount in figures] , and [amount of local currency in words] ,
[amount in figures] ;
The discounts offered and the methodology for their application are:
Our bid shall be valid for a period of _________days from the date fixed for the bid
submission deadline in accordance with the Bidding Documents and it shall remain binding
upon us and may be accepted at any time before the expiration of that period;
If our bid is accepted, we commit to furnish a performance security in accordance with ITB
38 and GC 13, for the due performance of the Contract;
Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from eligible countries, in accordance with ITB 4.2;
We, including any subcontractors or suppliers for any part of the Contract, do not have any
conflict of interest in accordance with ITB 4.3;
We are not participating, as a Bidder or as a subcontractor, in more than one bid in this
bidding process in accordance with ITB 4.3, other than alternative offers submitted in
accordance with ITB 13
Our firm, its affiliates or subsidiaries (including any subcontractors or suppliers for any part
of the contract), has not been declared ineligible by the Bank, or under a Bid-Securing
Declaration in the Purchaser’s country, or under the Purchaser’s country laws or official
regulations, or by an act of compliance with a decision of the United Nations Security
Council, in accordance with ITB 4.4, 4.6 and 4.8, respectively. We are not participating, as a
Bidder or as a subcontractor, in more than one bid in this bidding process in accordance with
ITB 4.3, other than alternative offers submitted in accordance with ITB 13;
We are not a government owned entity / We are a government owned entity but meet the
requirements of ITB 4.5;
The following commissions, gratuities, or fees have been paid or are to be paid with respect
to the bidding process or execution of the Contract:
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate ―none.‖)
We undertake that, in competing for (and, if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in the
country of the Purchaser , as such laws have been listed by the Purchaser in the bidding
documents for this contract. We understand that this bid, together with your written
acceptance thereof included in your notification of award, shall constitute a binding contract
between us, until a formal contract is prepared and executed.
We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
Name In the capacity of _
Signed
Duly authorized to sign the bid for and on behalf of
Dated on ________________________________ day of _______________________, _____

Price Schedule for Goods and Related Services
Date:
ICB No.:
Invitation for Bid No.:
Alternative No.:
Name of the Bidder: _____________________________________________________________
1 2 3 4 5 6 7 8
Import
Percent of Duties, Sales
Good or Quantity
Country national Unit Taxes and Total
Item No. Related (No. of
of origin origin 1 price 2 other Taxes, Price 3
Service units)
per
unit 2
_______ _______ _______ _________ _______ _____ __________ _______
_______ _______ _______ _________ _______ _____ __________ _______
_______ _______ _______ _________ _______ _____ __________ _______
_______ _______ _______ _________ _______ _____ __________ _______
_______ _______ _______ _________ _______ _____ __________ _______
_______ _______ _______ _________ _______ _____ __________ _______
_______ _______ _______ _________ _______ _____ __________ _______
Notes:
1
In accordance with margin of preference ITB Clause 31, if applicable
2
In accordance with ITB Clauses 14 and 15
3
Indicate % of total amount to be paid in foreign currencies and exchange rates
Name In the capacity of _
Signed
Duly authorized to sign the bid for and on behalf of

______________________________________
___________________________________________________________________________
Dated on _______________________________ day of _____________________, ______.

Price Adjustment Formula (Sample)
(Not applicable)
Where, pursuant to ITB 14.7 and GC 10.1, Prices shall be adjustable during the performance
of the Contract, the following method shall be used to calculate the price adjustment:
Prices payable to the Supplier, as provided for at ITB 14.7 and GC 10.1, shall be
subject to adjustment during performance of the Contract, to reflect changes in the cost of
labour and material components in accordance with the formula:
P1 = P0 (a + bL1 + cM1) - P0
L0 M0
a+b+c = 1
in which:
P1 = adjustment amount payable to the Supplier.

P0 = Contract Price (base price).
a = fixed element representing profits and overheads included in the Contract
Price and generally in the range of five (5) to fifteen (15) percent.
b = estimated percentage of labour component in the Contract Price.
c = estimated percentage of material component in the Contract Price.
L0, L1 = labour indices applicable to the appropriate industry in the country of
origin on the base date and date for adjustment, respectively.
M0, M1 = material indices for the major raw material on the base date and date for
adjustment, respectively, in the country of origin.
The coefficients a, b, and c as specified by the Purchaser are as follows:
a = [insert value of coefficient]

b= [insert value of coefficient]
c= [insert value of coefficient]
The Bidder shall indicate the source of the indices and the base date indices in its bid.
Base date = twenty-eight (28) days prior to the deadline for submission of the bids.
Date of adjustment = [insert number of weeks] weeks prior to date of shipment (representing
the mid-point of the period of manufacture).
The above price adjustment formula shall be invoked by either party subject to the following
further conditions:
(a) No price adjustment shall be allowed beyond the original delivery dates unless
specifically stated in the extension letter. As a rule, no price adjustment shall be allowed for
periods of delay for which the Supplier is entirely responsible. The Purchaser will, however,
be entitled to any decrease in the prices of the Goods and Related Services subject to
adjustment.
(b) If the currency in which the Contract Price P0 is expressed is different from the
currency of origin of the labour and material indices, a correction factor will be applied to
avoid incorrect adjustments of the Contract Price. The correction factor shall correspond to
the ratio of exchange rates between the two currencies on the base date and the date for
adjustment as defined above.
(c) No price adjustment shall be payable on the portion of the Contract Price paid to
the Supplier as advance payment.
Form of Bid Security (Bank Guarantee)
__________________________ [Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: __________________________ [Name and Address of Purchaser]
Date: __________________________
BID GUARANTEE No.: __________________________
We have been informed that __________________________ [name of the Bidder]
(hereinafter called "the Bidder") has submitted to you its bid dated ___________ (hereinafter
called "the Bid") for the execution of ________________ [name of contract] under
Invitation for Bids No. ___________ (―the IFB‖).
Furthermore, we understand that, according to your conditions, bids must be supported by a
bid guarantee.
At the request of the Purchaser, we ____________________ [name of Bank] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of
___________ [amount in figures] (____________) [amount in words] upon receipt by us of
your first demand in writing accompanied by a written statement stating that the Bidder is in
breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the
Bidder in the Letter of Bid; or
(b) having been notified of the acceptance of its Bid by the Purchaser during
the period of bid validity, (i) fails or refuses to execute the Contract Form, if required,
or (ii) fails or refuses to furnish the performance security, in accordance with ITB 38.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the
earlier of (i) our receipt of a copy your notification to the Bidder of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
Name: [insert complete name of Signatory]
Title: [insert title]
_____________________________
[signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.
)
Form of Bid Security (Bid Bond)

BOND NO. ______________________
BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and
[name, legal title, and address of surety], authorized to transact business in [name of
country of Purchaser ], as Surety (hereinafter called “the Surety”), are held and firmly bound
unto [name of Purchaser ] as Oblige (hereinafter called “the Purchaser ”) in the sum of
[amount of Bond] 9 [amount in words], for the payment of which sum, well and truly to be
made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS the Principal has submitted a written Bid to the Purchaser dated the ___ day of
______, 20__, for the supply Goods and Related Services of [name of Contract] (hereinafter
called the “Bid”).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Principal:
withdraws its Bid during the period of bid validity specified in the Letter of Bid; or
having been notified of the acceptance of its Bid by the Purchaser during the period of Bid
validity; (i) fails or refuses to execute the Contract Form, if required; or (ii) fails or refuses
to furnish the Performance Security in accordance with ITB 38;
then the Surety undertakes to immediately pay to the Purchaser up to the above amount upon
receipt of the Purchaser ’s first written demand, without the Purchaser having to substantiate
its demand, provided that in its demand the Purchaser shall state that the demand arises from
the occurrence of any of the above events, specifying which event(s) has occurred.
The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 28 days after the date of expiration of the Bid validity as stated in the
Invitation to Bid or extended by the Purchaser at any time prior to this date, notice of which
extension(s) to the Surety being hereby waived.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this ____ day of ____________ 20__.
Principal: _______________________ Surety: _____________________________
Corporate Seal (where appropriate)
_______________________________ ____________________________________
(Signature) (Signature)
(Printed name and title) (Printed name and title)
9
The amount of the Bond shall be denominated in the currency of the Employer’s country or the equivalent
amount in a freely convertible currency.
Form of Bid–Securing Declaration
Date: [insert date (as day, month and year)]

Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Purchaser]

We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a Bid-Securing
Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with the Borrower for the period of time of [Purchaser to insert number of months or
years] starting on [insert date], if we are in breach of our obligation(s) under the bid
conditions, because we:
(a) have withdrawn our Bid during the period of bid validity specified in the Form of
Bid; or
(b) having been notified of the acceptance of our Bid by the Purchaser during the period
of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with ITB 38.
We understand this Bid-Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Signed: [insert signature of person whose name and capacity are shown] in the capacity of
[insert legal capacity of person signing the Bid-Securing Declaration]
Name: [insert complete name of person signing the Bid-Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
Corporate Seal (where appropriate)
[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid.]
Manufacturer’s Authorization
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be signed by a person with the
proper authority to sign documents that are binding on the Manufacturer. The Bidder shall
include it in its bid, if so indicated in the BDS.]
Date: [insert date (as day, month and year) of Bid Submission]
ICB No.: [insert ICB number]
Invitation for Bid No.: [insert number of bidding process]
To: [insert complete name of Purchaser]
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 Bidder] to submit a bid 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 21.1 of the
General Conditions, 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]
Duly authorized to sign this Authorization on behalf of: [insert complete name of
Manufacturer]
Dated on ____________ day of __________________, _______ [insert date of signing]

Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested
in the corresponding Information Sheets included hereunder.
Bidder Information Sheet

Form ELI – 1.1
Date: ______________________
ICB No.: ________________
Invitation for Bid No.: ________
Page ________ of _______ pages
1. Bidder’s Legal Name
2. In case of Joint Venture, Consortium or Association (), legal name of each partner:
3. Bidder’s actual or intended Country of Constitution, Incorporation, or Registration:
4. Bidder’s Year of Constitution, Incorporation, or Registration:
5. Bidder’s Legal Address in Country of Constitution, Incorporation, or Registration:
6. Bidder’s Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB
Clauses 4.1 and 4.2.
In case of JVCA, letter of intent to constitute a legally-enforceable JVCA, including a draft
agreement, or JVCA agreement, in accordance with ITB Clauses 4.1.
In case of government owned entity from the Purchaser’s country, documents establishing
legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Clause 4.5.
Partner to JVCA Information Sheet

Form ELI – 1.2
Date: ______________________
ICB No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
1. Bidder’s Legal Name:
2. JVCA Partner’s legal name:
3. JVCA Partner’s Country of Constitution, Incorporation, or Registration:
4. JVCA Partner’s Year of constitution into a legally-enforceable JVCA::
5. JVCA Partner’s Legal Address in Country of Constitution, Incorporation, or Registration:
6. JVCA Partner’s Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:

Articles of Constitution, Incorporation or Registration of firm named in 1, above, in
accordance with ITB Clauses 4.1 and 4.2.
In case of government owned entity from the Purchaser’s country, documents establishing
legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Clause 4.5.
Historical Contract Non-Performance

Form CON – 2
Bidder’s Legal Name: _______________________ Date: _____________________

JVCA Partner’s Legal Name: _______________________ ___________________
ICB No.: __________________
Page _______ of _______ pages
Non-Performing Contracts in accordance with Section III, Evaluation Criteria
Contract non-performance did not occur during the stipulated period, in accordance with
Sub- Factor 2.2.1 of Section III, Evaluation Criteria
Contract non-performance during the stipulated period, in accordance with Sub- Factor
2.2.1 of Section III, Evaluation Criteria
Year Outcome as Total Contract
Percent of Contract Identification Amount (current
value, US$
Total Assets equivalent)
Pending Litigation, in accordance with Section III, Evaluation Criteria

No pending litigation in accordance with Sub-Factor 2.2.3 of Section III, Evaluation
Criteria
 Pending litigation in accordance with Sub-Factor 2.2.3 of Section III, Evaluation Criteria, as
indicated below
Year Outcome as Total Contract
Percent of Contract Identification Amount (current
value, US$
Total Assets equivalent)
Contract Identification:
______ ______ Name of Purchaser: ___________
Address of Purchaser:
Matter in dispute:
Contract Identification:
______ ______ Name of Purchaser: ___________
Address of Purchaser:
Matter in dispute:
Current Contract Commitments

Form CCC
Bidders and each partner to a JVCA should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
Name of contract Purchaser, Value of Estimated Average monthly

contact outstanding completion date invoicing over
address/tel/fax supply (current last six months
US$ equivalent) (US$/month)
1.
2.
3.
4.
5.
etc.
Financial Situation
Form FIN – 3.1
Historical Financial Performance

Bidder’s Legal Name: _______________________ Date: _____________________
JVCA Partner Legal Name: _______________________ ICB No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JVCA, by each partner
Financial Historic information for previous ______ (__) years

information in (US$ equivalent in 000s)
US$
equivalent
Year 1 Year 2 Year 3 Year … Year n Avg. Avg.
Ratio
Information from Balance Sheet
Total Assets
(TA)
Total
Liabilities
(TL)
Net Worth
(NW)
Current
Assets (CA)
Current
Liabilities
(CL)
Information from Income Statement
Total
Revenue
(TR)
Profits
Before Taxes
(PBT)
 Attached are copies of financial statements (balance sheets, including all related notes, and
income statements) for the years required above complying with the following conditions:
Must reflect the financial situation of the Bidder or partner to a JVCA, and not sister or parent
companies;
Historic financial statements must be audited by a certified accountant;
Historic financial statements must be complete, including all notes to the financial
statements;
Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).
Average Annual Turnover

Form FIN – 3.2
Bidder’s Legal Name: ___________________________ Date: _____________________

JVCA Partner Legal Name: ____________________________ ICB No.: __________________
Page _______ of _______ pages
Annual turnover data

Year Amount and Currency US$ equivalent
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
*Average _________________________________________ ____________________
Annual
Turnover
*Average annual turnover calculated as total certified payments received for supply in
progress or completed, divided by the number of years specified in Section III, Evaluation
Criteria, Sub-Factor 2.3.2.
Financial Resources
Form FIN – 3.3
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total cash
flow demands of the subject contract or contracts as indicated in Section III, Evaluation and
Qualification Criteria.
Source of financing Amount (US$ equivalent)
1.
2.
3.
4.
Experience
Form EXP – 2.4.1
Bidder’s Legal Name: ___________________________ Date: _____________________

JVCA Partner’s Legal Name: _________________________ ICB No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ of ___ Information

required.
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________
Role in Contract
Total contract amount __________________________ US$_______

__
If partner in a JVCA, specify participation
in total contract amount __________% US$_______
Purchaser’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________
Experience (cont.)
Form EXP – 2.4.1 (cont.)
Bidder’s Legal Name: ___________________________ Page _______ of _______ pages

JVCA Partner’s Legal Name: ___________________________
Similar Contract No. __ [insert Information

specific number] of [total number of
contracts] ___ required
Description of the similarity in
accordance with Sub-Factor 2.4.1) of
Section III:
Amount _________________________________
Physical size _________________________________
Complexity _________________________________
Methods/Technology _________________________________
Other Characteristics _________________________________

Section VI. Requirements 2-67
Section V. Eligible Countries
Eligibility for the Provision of Goods, Works and Related Services in Bank-financed
Procurement
Provision at Paragraph 1.6 of the Bank’s Rules and Procedures for Procurement of Goods
and Works
1.6 The African Development Fund permits firms and individuals from all countries to
offer goods, works and services for ADF funded projects. However, the proceeds of any
Financing undertaken in the operations of the African Development Bank and the Nigeria
Trust Fund shall be used for procurement of goods and works, including the related services,
provided by bidders from Eligible10 Countries.11 Any conditions for participation shall be
limited to those that are essential to ensure the firm’s capability to fulfill the contract in
question. In the case of ADB and NTF, bidders from non-Member Countries offering goods,
works and related services (including transportation and insurance) are not eligible even if
they offer these from Eligible Member Countries. Any waiver to this rule will be in
accordance with the Articles 17(1) (d) of the Agreement Establishing the African
Development Bank and 4.1 of the Agreement Establishing the Nigeria Trust Fund.
Provision at Appendix 4 of the Bank’s Rules and Procedures for Procurement of Goods
and Works
Overview
1. The eligibility criteria for participation in the supply of goods, works and related
services, to be procured through the ADB and NTF Financing, derive from the requirements
of the Agreement Establishing the African Development Bank, Article 17.1.d, and the
Agreement Establishing the Nigeria Trust Fund, Article 4.1. The foregoing requirements
basically prescribe two types of eligibility criteria:
The eligibility of the bidder;
The eligibility of the goods, works and related services.
Eligibility of the Bidder
2. The eligibility of the bidder shall be based on nationality, in accordance with the
following rules:
10
Refer to Appendix 4 for additional information on Eligibility.
11 ―Eligible Countries" shall mean: (a) in the case of the African Development Bank and the Nigeria trust
Fund, the Member Countries of the African Development Bank.
68 Section VI. Supply Requirements
(a) Natural Persons: A natural person is eligible if he or she is a national of a Member

Country of the Bank, or a State Participant of the Fund. Where a person has more than one
nationality, such a person shall be eligible if the nationality indicated in his or her bid is that
of a Member Country of the Bank, or a State Participant of the Fund.
(b) Corporations: A corporation is eligible if it satisfies the following criteria:
it is incorporated in a country that is a Member of the Bank, or State Participant of the Fund;
it is a national of a country that is a Member of the Bank, or State Participant of the Fund, as
determined by the law of its place of incorporation;
it has its principal place of business in a country that is a Member of the Bank, or State
Participant of the Fund.
(c) Joint Ventures and Associations: An unincorporated joint venture, partnership, or
association, shall be eligible if at least 60% of its individual, or corporate members, satisfy
the eligibility requirement for individuals or corporations.
Eligibility of the Goods, Works and Related Services
3. In order to be eligible, the goods to be procured must have been mined, grown, or
produced, in the form in which they are purchased, in an Eligible Member Country.
4. For works contracts, which may include civil works, plant construction, or turnkey
contracts, the contractor must satisfy the nationality criteria of eligibility, either as a natural
person, or corporation, or joint venture and association. Labour, materials, and materials
needed for carrying out the works contract, shall be supplied from Eligible Member
Countries.
5. For contracts, which have been awarded on the basis of Cost, Insurance and Freight
(CIF), or Carriage and Insurance Paid (CIP), bidders shall be free to arrange for ocean and
other transportation, and the related insurance, from any Eligible Member Country. On the
other hand, where goods are shipped on FOB basis and the Bank has agreed to finance
transportation and insurance separately, which are arranged by the purchaser, under a
separate contract, the Bank shall be satisfied that the services are supplied from Eligible
Member Countries.
Eligible Countries
The African Development Fund permits firms and indivuduals from all contries to offer
goods, works or services under ADF-funded projects.
Section VI. Supply Requirements 69
PART 2 – Purchaser’s
Requirements
Section VII. General Conditions of Contract 3-70
Section VI. Requirements
Contents
1. List of Goods and Related Services ......................................................................... 71
2. Delivery and Completion Schedule ......................................................................... 72
3. Technical Specifications ........................................................................................... 73

List of Goods and Related Services
No. Name of Goods Brief Description Quantity
Drilling detergent (210 litres drum As per Technical specification 3,000

Drilling detergent) drums
3-72 Section VII. General Conditions of Contract
Delivery and Completion Schedule
The required date of delivery is no later than: Six (6) months after contract
commencement (receipt of advance Payment). The delivery period MUST be indicated in
the Letter of Bid.
Technical Specifications
Suppliers should note that the following are minimum guiding specifications and are
therefore required to give detailed technical specifications.
TECHNICAL REQUIREMENTS FOR DRILLING DETERGENT

1. Material Data Sheet of the Drilling detergent showing conformity to technical
specification MUST be provided with the bid.
2. Bidders should submit sample in two (2) clear containers of two (2) ltrs each well
labelled of the drilling detergent with their bids. This sample will be subjected to
laboratory tests to check conformity to GDC specifications at GDC laboratories.
3. The analysis shall be conducted at GDC Laboratories in the presence of bidders’
representative who chose to attend. Bidders shall be notified of the date for Lab testing
of the samples not sooner than seven (7) days prior to commencement of the lab testing.
PARAMETER LIMIT
1. Physical Appearance Light (pale) brown liquid
2. pH 9-10
3. Density (g/cm3) 1.01 -1.06
4. Conductivity (mhos/cm) 20,000 – 25,000
5. Viscosity (cP) >600cP
6. Chloride (ppm) ≤60 ppm
7. Stability at 250°C Stable
8. Foaming Characteristics Not less than 20 mm
9. Sludge formation Should not form sludge
ITEM DESCRIPTION UNIT QTY
1 210 litres drum Drilling detergent. Drums 3,000

NOTES ON USEAGE:
The liquid detergent (not soap) is mixed with water in varying proportions and the mixture
injected under pressure into a compressed-air line to lift cuttings from the hole and also cool
and lubricate the drill stem and drill bit. The detergent should generate maximum amount of
foam per unit volume of detergent used. The temperatures encountered in geothermal drilling
operations are high and therefore the detergent MUST be stable at 2500C and retain good
chemical properties to avoid corroding the drill stem components.
ADDITIONAL INFORMATION
1. Prices to be Firm
All rates and prices given in the Schedules shall be firm and not be subject to
adjustment for variations in the costs of labour and materials or any other adjustment
unless as noted in the Conditions of Contract.
3. Port of Entry into Kenya
The Port of Entry into Kenya is Mombasa Port.
4. Packaging
The detergent shall be packed in 210Ltr PVC Drums
5. Delivery Period/Point
The Detergent will be supplied within a period of Six (6) months from date of recipt
of advance payment and shall be staggered as follows;
Supply Schedule Quantity

Within the first 3 months 1,500
After next 3 months 1,500
Delivery point will be Menengai.
NB: GDC can alter delivery Schedule and shall communicate in writing 3
months in advance.
PART 3 –Conditions of
Contract and Contract
Forms
Section VII. General Conditions

Table of Clause
General Provisions ................................................................................................................ 79
Definitions .............................................................................................................................. 79
The Contract.......................................................................................................................... 79
Parties and Persons ............................................................................................................... 80
Money and Payments ............................................................................................................ 80
Goods and Related Services ................................................................................................. 80
Other Definitions................................................................................................................... 80
Interpretation ........................................................................................................................ 81
Communications ................................................................................................................... 82
Law and Language................................................................................................................ 83
Priority of Documents........................................................................................................... 83
Contract Agreement ............................................................................................................. 84
Assignment............................................................................................................................. 84
Copyright ............................................................................................................................... 84
Confidential Details .............................................................................................................. 85
Compliance with Laws ......................................................................................................... 85
Joint and Several Liability ................................................................................................... 86
Inspections and Audit by the Bank ..................................................................................... 86
Contract Documents ............................................................................................................. 86
Fraud and Corruption .......................................................................................................... 87
Eligibility................................................................................................................................ 88
Notices .................................................................................................................................... 88
Settlement of Disputes .......................................................................................................... 88
Scope of Supply ..................................................................................................................... 89
Delivery .................................................................................................................................. 89
Supplier’s Responsibilities ................................................................................................... 89
Contract Price ....................................................................................................................... 89
Terms of Payment ................................................................................................................. 89
Taxes and Duties ................................................................................................................... 90
Performance Security ........................................................................................................... 90
Subcontracting ...................................................................................................................... 90
Specifications and Standards ............................................................................................... 91
Codes, Standards and Drawings.......................................................................................... 91
Packing and Documents ....................................................................................................... 91
Insurance ............................................................................................................................... 91
Transportation ...................................................................................................................... 91
Inspections and Tests ............................................................................................................ 92
Liquidated Damages ............................................................................................................. 93
Warranty ............................................................................................................................... 93
Patent Indemnity ................................................................................................................... 94
Limitation of Liability .......................................................................................................... 95
Change in Laws and Regulations ........................................................................................ 95
Force Majeure ....................................................................................................................... 96
Change Orders and Contract Amendments ....................................................................... 96
Extensions of Time ................................................................................................................ 97
Termination ........................................................................................................................... 97
Export Restrictions ............................................................................................................... 98

Section VII. General Conditions

[Name of Purchaser ] _______
[Name of Contract] ________
These General Conditions (GC), read in conjunction with the Particular

Conditions (PC) and other documents listed therein, constitute a complete
document expressing the rights and obligations of the parties.
1. General Provisions
1.1 Definitions
In the Conditions of Contract (“these Conditions”), which include Particular
Conditions, 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.
1.1.1 The Contract
1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the
Letter of Bid, these Conditions, the Specification, the Schedules, and the
further documents (if any) which are listed in the Contract Agreement or in
the Letter of Acceptance.
1.1.1.2 “Contract Agreement” means the contract agreement referred to in Clause
1.6 [Contract Agreement].
1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the
Purchaser, of the Letter of Bid, including any annexed memoranda
comprising agreements between and signed by both Parties. If there is no
such letter of acceptance, the expression “Letter of Acceptance” means the
Contract Agreement and the date of issuing or receiving the Letter of
Acceptance means the date of signing the Contract Agreement.
1.1.1.4 “Letter of Bid” means the document entitled letter of bid, which was
completed by the Supplier and includes the signed offer to the Purchaser for
the Goods.
1.1.1.5 “Specification” means the document entitled specification, as included in the
Contract, and any additions and modifications to the specification in
accordance with the Contract. Such document specifies the Goods.
1.1.1.6 “Drawings” means the drawings of the Goods, as included in the Contract,
and any additional and modified drawings issued by (or on behalf of) the
Purchaser in accordance with the Contract.
1.1.1.7 “Schedules” means the document(s) entitled schedules, completed by the

Supplier and submitted with the Letter of Bid, as included in the Contract.
Such document may include the Bill of Quantities, data, lists, and schedules
of rates and/or prices.
1.1.1.8 “Bid” means the Letter of Bid and all other documents which the Supplier
submitted with the Letter of Bid, as included in the Contract.
1.1.2 Parties and Persons
1.1.2.1 “Party” means the Purchaser or the Supplier, as the context requires.
1.1.2.2 “Purchaser‖ means the person named as purchaser in the Particular
Conditions and the legal successors in title to this person.
1.1.2.3 “Supplier” means the person(s) named as supplier in the Letter of Bid
accepted by the Purchaser and the legal successors in title to this person(s).
1.1.2.4 “Subcontractor” means any person named in the Contract as a
subcontractor, or any person appointed as a subcontractor, for a part of the
Goods or the Related Services; and the legal successors in title to each of
these persons.
1.1.2.5 “Bank” means the financing institution (if any) named in the PC.
1.1.2.6 “Borrower” means the person (if any) named as the borrower in the PC.
1.1.3 Dates, Tests, Periods and Completion ―Base Date‖ mean the date 28 days
prior to the latest date for submission of the Bid.
1.1.3.1 “Acceptance Test” means the tests (if any) which are specified in the
Contract and which are carried out in accordance with the Specification for
the purpose of issuing the “Acceptance Certificate”.
1.1.3.3 “Completion” means the fulfilment of the Related Services by the Supplier in
accordance with the terms and conditions set forth in the Contract.
1.1.3.4 “day” means a calendar day and “year” means 365 days.
1.1.4 Money and Payments
1.1.4.1 “Contract Price” means the price defined in GC Clause 10 [The Contract
Price], and includes adjustments in accordance with the Contract.
1.1.5 Goods and Related Services
1.1.5.1 “Goods” means all of the commodities, raw material, machinery and
materials, and/or other materials that the Supplier is required to supply to
the Purchaser under the Contract.
1.1.5.2 “Related Services” means the services incidental to the supply of the Goods,
such as insurance, transportation, installation, commissioning, training and
initial maintenance and other such obligations of the Supplier under the
Contract.
1.1.6 Other Definitions
1.1.6.1 “Purchaser ’s Country” is the country specified in the PC.

1.1.6.2 “Force Majeure” is defined in GC Clause 25 [Force Majeure].
1.1.6.3 “Laws” means all national (or state) legislation, statutes, ordinances and
other laws, and regulations and by-laws of any legally constituted public
authority.
1.1.6.4 “Performance Security” means the security (or securities, if any) under GC
Clause 13 [Performance Security].
1.1.6.5 “Project Site,” where applicable, means the place named in the PC.
1.1.6.6 “Unforeseeable” or “Unforeseen” means not reasonably foreseeable by an
experienced Purchaser by the Base Date.
1.1.6.7 “Change Order” or “Change” is defined in Clause 26 [Change Orders and
Contract Amendments].
1.2 Interpretation
1.2.1 Interpretation In the Contract, except where the context requires otherwise:
(a) words indicating one gender include all genders;
(b) words indicating the singular also include the plural and words indicating
the plural also include the singular;
(c) provisions including the word “agree”, “agreed” or “agreement” require
the agreement to be recorded in writing;
(d) “written” or “in writing” means hand-written, type-written, printed or
electronically made, and resulting in a permanent record;
(e) the word “tender” is synonymous with “bid” and “tenderer” with “bidder”
and the words “tender documents” with “bidding documents”.
1.2.2 The marginal words and other headings shall not be taken into consideration
in the interpretation of these Conditions.
1.2.3 Incoterms
(a) Unless inconsistent with any provisions in the Contract, the meaning
of any trade term and the rights and obligations of Parties thereunder
shall be as prescribed by Incoterms.
(b) The Incoterms, when used, shall be governed by the rules prescribed
in the current edition of Incoterms, specified in the PC, and
published by the International Chamber of Commerce, Paris, France
1.2.4 Entire Agreement

The Contract constitutes the entire agreement between the Purchaser 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.
1.2.5 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.
1.2.6 Nonwaiver
(a) Subject to GC Clause 1.2.5(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.
1.2.7 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.
1.2.8 ―Eligible Countries‖ means the countries and territories eligible stipulated by
the Bank’s Rules and Procedures for Procurement of Goods and Works,
and as listed in Section V, Eligible Countries.
1.3 Communications
1.3.1 Wherever these Conditions provide for the giving or issuing of approvals,
certificates, consents, determinations, notices, requests and discharges, these
communications shall be:
(a) in writing and delivered by hand (against receipt), sent by mail or courier, or
transmitted using any of the agreed systems of electronic transmission as
stated in the PC; and
(b) delivered, sent or transmitted to the address for the recipient’s
communications as stated in the PC. However:
(i) if the recipient gives notice of another address, communications shall

thereafter be delivered accordingly; and
(ii) if the recipient has not stated otherwise when requesting an approval or
consent, it may be sent to the address from which the request was issued
1.3.2 Approvals, certificates, consents and determinations shall not be
unreasonably withheld or delayed. When a certificate is issued to a Party, the
certifier shall send a copy to the other Party.
1.4 Law and Language
1.4.1 The Contract shall be governed by the law of the country or other
jurisdiction stated in the PC.
The ruling language of the Contract shall be that stated in the PC.
The language for communications shall be that stated in the PC. If no
language is stated there, the language for communications shall be the ruling
language of the Contract.
1.4.2 Supporting documents and printed literature that are part of the Contract
may be in another language provided they are accompanied by an accurate
translation of the relevant passages in the language specified, in which case,
for purposes of interpretation of the Contract, this translation shall govern.
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.
1.5 Priority of Documents
1.5.1 The documents forming the Contract are to be taken as mutually explanatory
of one another. For the purposes of interpretation, the priority of the
documents shall be in accordance with the following sequence:
(a) the Contract Agreement (if any),

(b) the Letter of Acceptance,
(c) the Bid,
(d) the Particular Conditions
(e) these General Conditions,
(f) the Specification,
(g) the Drawings, and
(h) the Schedules and any other documents forming part of the Contract.
If an ambiguity or discrepancy is found in the documents, the Purchaser shall
issue any necessary clarification or instruction.
1.6 Contract Agreement
1.6.1 The Parties shall enter into a Contract Agreement within 28 days after the
Supplier receives the Letter of Acceptance, unless the Particular Conditions
establish otherwise. The Contract Agreement shall be based upon the form
furnished in Section IX, Contract Forms. The costs of stamp duties and
similar charges (if any) imposed by law in connection with entry into the
Contract Agreement shall be borne by the Purchaser .
1.7 Assignment
1.7.1 Neither Party shall assign the whole or any part of the Contract or any
benefit or interest in or under the Contract. However, either Party:
(a) may assign the whole or any part with the prior agreement of the other Party,
at the sole discretion of such other Party, and
(b) may, as security in favour of a bank or financial institution, assign its right to
any moneys due, or to become due, under the Contract.
1.8 Copyright
1.8.1 The copyright in all drawings, documents, and other materials containing
data and information furnished to the Purchaser by the Supplier herein shall
remain vested in the Supplier, or, if they are furnished to the Purchaser
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.
1.9 Supplier’s Use of Purchaser’s Documents
1.9.1 As between the Parties, the Purchaser shall retain the copyright and other
intellectual property rights in the Specification, the Drawings and other
documents made by (or on behalf of) the Purchaser. The Supplier may, at his
cost, copy, use, and obtain communication of these documents for the
purposes of the Contract. They shall not, without the Purchaser’s consent, be
copied, used or communicated to a third party by the Supplier, except as
necessary for the purposes of the Contract.
1.10 Confidential Details

1.10.1 The Supplier’s and the Purchaser’s Personnel shall disclose all such
confidential and other information as may be reasonably required in order to
verify the Supplier’s compliance with the Contract and allow its proper
implementation.
Each of them shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out their respective
obligations under the Contract or to comply with applicable Laws. Each of
them shall not publish or disclose any particulars of the Goods, prepared by
the other Party without the previous agreement of the other Party. However,
the Supplier shall be permitted to disclose any publicly available information,
or information otherwise required to establish his qualifications to compete
for other projects.
1.10.2 Notwithstanding the above, the Supplier may furnish to its Subcontractor(s)
such documents, data and other information it receives from the Purchaser to
the extent required for the Subcontractor(s) to perform its work under the
Contract, in which event the Contractor shall obtain from such
Subcontractor(s) an undertaking of confidentiality similar to that imposed on
the Contractor under this Clause.
1.11 Compliance with Laws
1.11.1 The Supplier shall, in performing the Contract, comply with applicable Laws.
1.11.2 Unless otherwise stated in the Particular Conditions:
(a) the Purchaser shall acquire and pay for all permits, approvals and/or licenses
from all local, state or national government authorities or public service
undertakings in the Purchaser’s Country, which (i) such authorities or
undertakings require the Purchaser to obtain in the Purchaser’s name, and (ii)
are necessary for the execution of the Contract, including those required for
the performance by both the Supplier and the Purchaser of their respective
obligations under the Contract;
(b) the Supplier shall acquire and pay for all permits, approvals and/or licenses
from all local, state or national government authorities or public service
undertakings in the Purchaser’s Country, which such authorities or
undertakings require the Supplier to obtain in its name and which are
necessary for the performance of the Contract, including, without limitation,
visas for the Supplier’s and Subcontractor’s personnel and entry permits for
all imported Supplier’s Materials. The Supplier shall acquire all other
permits, approvals and/or licenses that are not the responsibility of the
Purchaser under GC Clause 1.11.2(a) hereof and that are necessary for the
performance of the Contract. The Supplier shall indemnify and hold harmless
the Purchaser from and against any and all liabilities, damages, claims, fines,
penalties and expenses of whatever nature arising or resulting from the
violation of such laws by the Supplier or its personnel, including the
Subcontractors and their personnel, but without prejudice to GC Clause
1.11.1 hereof.
1.12 Joint and Several Liability
1.12.1 If the Supplier is a joint venture, consortium, or association (JVCA) of two or
more persons, all such persons shall be jointly and severally bound to the
Purchaser for the fulfillment of the provisions of the Contract, unless
otherwise specified in the PC, and shall designate one of such persons to act
as a leader with authority to bind the JVCA. The composition or the
constitution of the JVCA shall not be altered without the prior consent of the
Purchaser.
1.13 Inspections and Audit by the Bank
1.13.1 The Supplier shall permit the Bank and/or persons appointed by the Bank to
inspect the Site and/or the Supplier’s accounts and records relating to the
performance of the Contract and to have such accounts and records audited
by auditors appointed by the Bank if required by the Bank.
1.13.2 The Supplier shall maintain all documents and records related to the Contract
for a period of three (3) years after delivery of the Goods. The Supplier shall
provide any documents necessary for the investigation of allegations of fraud,
collusion, coercion, or corruption and require its employees or agents with
knowledge of the Contract to respond to questions from the Bank.
2. Contract Documents
2.1 Subject to the order of precedence set forth in the Contract Agreement, all
documents forming the Contract (and all parts thereof) are intended to be
correlative, complementary, and mutually explanatory. The Contract
Agreement shall be read as a whole.
3. Fraud and Corruption

3.1 It is the Bank’s policy to require that Borrowers (including beneficiaries of
Bank Financing), as well as bidders, suppliers, and contractors, and their
subcontractors, under Bank-financed contracts, observe the highest standard
of ethics during the procurement and execution of such contracts. In
pursuance of this policy12, the Bank:
(a) defines, for the purposes of this provision, 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 a
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; and
(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;
(b) will reject a proposal for award if it determines that the bidder
recommended for award has, directly or through an agent, engaged in
Corrupt, Fraudulent, Collusive, or Coercive Practices in competing for the
contract in question;
(a) (c)will cancel the portion of the Financing allocated to a
contract if it determines at any time that representatives of the
Borrower or of a beneficiary of such Financing engaged in
corrupt, fraudulent, collusive, or coercive practices during the
procurement or the execution of that contract, without the
Borrower having taken timely and appropriate action
satisfactory to the Bank to address such practices when they
occur;
(d) will sanction a firm or individual, including declaring such firm or
individual ineligible to bid for, or to be awarded Bank-financed contracts
either indefinitely or for a stated period of time, if it at any time determines
that the firm or individual has, directly or through an agent, engaged in
Corrupt, Fraudulent, Collusive, or Coercive Practices in competing for, or in
executing, a Bank-financed contract; and
(e) will have the right to require that a provision be included in bidding
documents and in contracts financed by the Bank, requiring bidders,
suppliers and contractors to permit the Bank to inspect their accounts and
records and other documents relating to the bid submission and contract
performance and to have them audited by auditors appointed by the Bank.
4. Eligibility
4.1 The Supplier and its Subcontractors shall have the nationality of an Eligible
Country, as defined by the Bank’s Rules and Procedures for Procurement
of Goods and Works, and as listed in Section V, Eligible Countries. A
Supplier or Subcontractor shall be deemed to have the nationality of a
country if it is a citizen or constituted, incorporated, or registered, and
operates in conformity with the provisions of the laws of that country.
4.2 All Goods and Related Services to be supplied under the Contract and
financed by the Bank 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. Eligibility is defined in the Bank’s Rules and Procedures for
Procurement of Goods and Works.
5. Notices
5.1 Any notice given by one Party to the other pursuant to the Contract shall be
in writing to the address specified in the PC. The term ―in writing‖ means
communicated in written form with proof of receipt.
5.2 A notice shall be effective when delivered or on the notice’s effective date,
whichever is later.
6. Settlement of Disputes
6.1 The Purchaser and the Supplier shall make every effort to resolve amicably
by direct informal negotiation any dispute arising between them under or in
connection with the Contract.
6.2 If, after twenty-eight (28) days from the commencement of such consultation,
the Parties have failed to resolve their dispute by such mutual consultation,
then either Party 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 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 proceedings shall be conducted in
accordance with the rules of procedure specified in the PC.
6.3 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 Purchaser shall pay the Supplier any monies due the Supplier.
7. Scope of Supply
7.1 The Goods and Related Services to be supplied shall be as specified in
Section VI, Requirements.
8. Delivery
8.1 Subject to GC Clause 27.1, the Delivery of the Goods and Completion of the
Related Services shall be in accordance with the Delivery and Completion
Schedule specified in Section VI, Requirements. The shipping and other
documents to be furnished by the Supplier are specified in the PC. The
documents specified therein shall be received by the Purchaser before arrival
of the Goods and, if not received, the Supplier shall be responsible for any
consequent expenses.
9. Supplier’s Responsibilities
9.1 The Supplier shall supply all the Goods and Related Services included in the
Scope of Supply in accordance with GC Clause 7, and the Delivery and
Completion Schedule, as per GC Clause 8.
10. Contract Price
10.1 Unless otherwise prescribed in the PC, the Contract price shall be fixed
throughout the duration of Contract performance.
11. Terms of Payment
11.1 The Contract Price shall be paid as specified in the PC.
11.2 The Supplier’s request for payment shall be made to the Purchaser in writing,
accompanied by invoices describing, as appropriate, the Goods delivered and
Related Services performed, and by the documents submitted pursuant to GC
Clause 8 and upon fulfilment of all other obligations stipulated in the
Contract.
11.3 Payments shall be made promptly by the Purchaser, no later than sixty (60)
days after submission of an invoice or request for payment by the Supplier,
and after the Purchaser has accepted it.
11.4 The currencies in which payments shall be made to the Supplier under this
Contract shall be those in which the Bid price is expressed.
11.5 In the event that the Purchaser fails to pay the Supplier any payment by its
due date, or within the period set forth in the PC, the Purchaser shall pay to
the Supplier interest on the amount of such delayed payment, at the rate
shown in the PC, for the period of delay, until payment has been made in
full, whether before or after judgment, or arbitration award.
12. Taxes and Duties
12.1 For Goods manufactured outside the Purchaser’s country the Supplier shall
be entirely responsible for all taxes, stamp duties, license fees, and other such
levies imposed outside the Purchaser’s country.
12.2 For Goods manufactured within the Purchaser’s country the Supplier shall be
entirely responsible for all taxes, duties, license fees, etc., incurred until
delivery of the contracted Goods to the Purchaser.
12.3 If any tax exemptions, reductions, allowances or privileges may be available
to the Supplier in the Purchaser’s Country, the Purchaser shall use its best
efforts to enable the Supplier to benefit from any such tax savings to the
maximum allowable extent.
13. Performance Security
13.1 If so required in the PC, 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 PC.
13.2 If so required, pursuant to GC Clause 13.1, the performance security shall be
denominated in the currency of the Contract, or in a freely convertible
currency acceptable to the Purchaser, and shall be in one of the forms
stipulated by the Purchaser in the Section IX, Contract Forms, or in another
form acceptable to the Purchaser.
13.3 The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the Supplier’s failure to complete its
obligations under the Contract.
13.4 The performance security shall be discharged by the Purchaser and returned
to the Supplier not later than twenty-eight (28) days following the date of
completion of the Supplier’s performance obligations under the Contract,
including any warranty obligations, unless specified otherwise in the PC.
14. Subcontracting
14.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded
under the Contract if not already specified in the bid. Such notification, in the
original Bid or later shall not relieve the Supplier from any of its obligations,
duties, responsibilities, or liability under the Contract.
14.2 Subcontracts shall comply with the provisions of GC Clauses 3 and 4.

15. Specifications and Standards
15.1 The Supplier shall ensure that the Goods and Related Services comply with
technical requirements, as specified in Section VI, Requirements.
15.2 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 Purchaser, by giving a notice
of such disclaimer to the Purchaser
Codes, Standards and Drawings
15.3 Wherever references are made in the Contract to codes and standards, in
accordance with which it shall be executed, the addition or the revised
version of such codes and standards shall be those specified in Section
VI, Requirements. During Contract execution, any changes in any such
codes and standards shall be applied only after approval by the
Purchaser and shall be treated in accordance with GC Clause 26.
16. Packing and Documents
16.1 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.
16.2 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 PC, and in any other instructions ordered by the Purchaser.
17. Insurance
17.1 Unless otherwise specified in the PC, 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 PC.
18. Transportation
18.1 Unless otherwise specified in the PC, responsibility for arranging
transportation of the Goods shall be in accordance with the specified
Incoterms.
19. Inspections and Tests

19.1 The Supplier shall at its own expense and at no cost to the Purchaser carry
out all such tests and/or inspections of the Goods and Related Services as are
specified in the PC.
19.2 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 the Purchaser’s country as specified in the
PC. Subject to GC Clause 19.3, 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 Purchaser.
19.3 The Purchaser or its designated representative shall be entitled to attend the
tests and/or inspections referred to in GC Clause 19.2, provided that the
Purchaser 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.
19.4 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
Purchaser. The Supplier shall obtain from any relevant third Party or
manufacturer any necessary permission or consent to enable the Purchaser or
its designated representative to attend the test and/or inspection.
19.5 The Purchaser 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 impede 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.
19.6 The Supplier shall provide the Purchaser with a report of the results of any
such test and/or inspection.
19.7 The Purchaser 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 Purchaser,
and shall repeat the test and/or inspection, at no cost to the Purchaser, upon
giving a notice pursuant to GC Clause 19.4.
19.8 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 Purchaser or its
representative, nor the issue of any report pursuant to GC Clause 19.6, shall
release the Supplier from any warranties or other obligations under the
Contract.
20. Liquidated Damages
20.1 Except as provided under GC Clause 19, 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 Purchaser 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 PC of the Contract Price for each week or part thereof of
delay until actual delivery or performance, up to a maximum deduction of the
percentage specified in the PC. Once the maximum is reached, the Purchaser
may terminate the Contract pursuant to GC Clause 28.
21. Warranty
21.1 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.
21.2 Subject to GC Clause 15.2, 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.
21.3 Unless otherwise specified in the PC, 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 PC, 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.
21.4 The Purchaser 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 Purchaser shall afford all reasonable opportunity for
the Supplier to inspect such defects.
21.5 Upon receipt of such notice, the Supplier shall, within the period specified in
the PC, expeditiously repair or replace the defective Goods or parts thereof,
at no cost to the Purchaser.
21.6 If having been notified, the Supplier fails to remedy the defect within the
period specified in the PC, the Purchaser 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
Purchaser may have against the Supplier under the Contract.
22. Patent Indemnity
22.1 The Supplier shall, subject to the Purchaser’s compliance with GC Clause 22.2,
indemnify and hold harmless the Purchaser 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 Purchaser 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 materials, plant, or materials not supplied by the
Supplier, pursuant to the Contract.
22.2 If any proceedings are brought or any claim is made against the Purchaser
arising out of the matters referred to in GC Clause 22.1, the Purchaser shall
promptly give the Supplier a notice thereof, and the Supplier may at its own
expense and in the Purchaser’s name conduct such proceedings or claim and
any negotiations for the settlement of any such proceedings or claim.
22.3 If the Supplier fails to notify the Purchaser within twenty-eight (28) days
after receipt of such notice that it intends to conduct any such proceedings or
claim, then the Purchaser shall be free to conduct the same on its own behalf.
22.4 The Purchaser 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.
22.5 The Purchaser 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 Purchaser.
23. Limitation of Liability
23.1 Except in cases of gross negligence or wilful misconduct:
(a) the Supplier shall not be liable to the Purchaser, 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
Purchaser; and
(b) the aggregate liability of the Supplier to the Purchaser, whether
under the Contract, in tort, or otherwise, shall not exceed the
Contract Price, provided that this limitation shall not apply to the
cost of repairing or replacing defective materials, or to any
obligation of the Supplier to indemnify the Purchaser with
respect to patent infringement.
24. Change in Laws and Regulations
24.1 If, within less than twenty-eight (28) days prior to the date of Bid
Submission, any law, regulation, ordinance, order or bylaw having the force
of law is enacted, promulgated, abrogated, or changed in the place of the
Purchaser’s country where the Site is located (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 GC Clause
10.
25. Force Majeure

25.1 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.
25.2 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 Purchaser in its
sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions, and freight embargoes.
25.3 If a Force Majeure situation arises, the Supplier shall promptly notify the
Purchaser in writing of such condition and the cause thereof. Unless
otherwise directed by the Purchaser 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.
26 Change Orders and Contract Amendments
26.1 The Purchaser may at any time order the Supplier through notice in
accordance GC Clause 5, 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
Purchaser;
(b) the method of shipment or packing;
(c) the place of delivery; and
(d) the Related Services to be provided by the Supplier.
26.2 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 Purchaser’s change order.
26.3 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.
26.4 Subject to the above, no variation in, or modification of, the terms of the
Contract shall be made except by written agreement signed by the Parties.
27 Extensions of Time
27.1 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 GC Clause 8, the
Supplier shall promptly notify the Purchaser in writing of the delay, its likely
duration, and its cause. As soon as practicable after receipt of the Supplier’s
notice, the Purchaser 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.
27.2 Except in case of Force Majeure, as provided under GC Clause 25, 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 GC Clause 20, unless an extension of time is agreed
upon, pursuant to GC Clause 27.1.
28. Termination
Termination for Default
28.1 The Purchaser, 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 Purchaser pursuant to GC
Clause 27;
(ii) if the Supplier fails to perform any other obligation under
the Contract; or
(iii) if the Supplier, in the judgment of the Purchaser, has
engaged in fraud and corruption, as defined in GC Clause
3, in competing for, or in executing the Contract.
28.2 In the event the Purchaser terminates the Contract in whole or in part,
pursuant to GC Clause 28.1, the Purchaser 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 Purchaser 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.
Termination for Insolvency
28.3 The Purchaser 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 Purchaser.
Termination for Convenience
28.4 (a) The Purchaser, 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
Purchaser’s convenience, the extent to which performance of the
Supplier under the Contract is terminated, and the date upon
which such termination becomes effective.
28.5 (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 Purchaser at the Contract
terms and prices. For the remaining Goods, the Purchaser 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.
29. Export Restrictions
29.1 Notwithstanding any obligation under the Contract to complete all export
formalities, any export restrictions attributable to the Purchaser, to the
country of the Purchaser, or to the use of the goods or services to be supplied,
which arise from trade regulations from a country supplying those goods, 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 satisfactions of the Purchaser and of the Bank that it
has completed all formalities in a timely manner, including applying for
permits, authorizations, and licenses necessary for the delivery of the goods
or services under the terms of the Contract.
Section VIII. Particular Conditions of Contract 3-99
Section VIII. Particular Conditions
GC 1.1.2.2 The Purchaser is:

Geothermal Development Company Limited,
Kawi House, South C Bellevue, Off Mombasa Road, Red Cross Road
P.O Box 100746 – 00101
NAIROBI, KENYA
GC 1.1.2.5 The Bank is: African Development Fund (ADF)
GC 1.1.2.6 The Borrower is: Government of Kenya
GC 1.1.6.1 The Purchaser’s Country is: Kenya
GC 1.1.6.5 The Project Site is: Menengai Geothermal Development Project
GC 1.2.3 (b) The version of Incoterms shall be: INTERCOMS 2010
GC 1.3 .1(a) The Electronic Transmission System is:N/A
e- mail
3-100 Section VIII. Particular Conditions of Contract
GC 1.3.1(b) The Purchaser’s address for the purpose of communications is:
Manager, Supply Chain

Kawi House
P.o Box 100746-00101
Nairobi, Kenya
Tel: + 254-0719715777/8/9/, +254 0719 036000, +254-0719 037000
+254-020-2427516/9/36
E-mail: dkyaka@gdc.co.ke
CC: rngosi@gdc.co.ke
The Supplier’s address for the purpose of communications is:
[State full address, telephone, fax and e-mail]
GC 1.4.1 The governing law is that of: Kenya

The ruling language is: English
GC 1.6.1 Deadline for entering into a Contract, after Supplier receives Letter of
Acceptance: 28 days
GC 1.11.2(a) Permits and Permissions to be obtained by the Purchaser: Not Applicable
GC 1.11.2(b) Notices, Taxes, Duties, Permits, Licenses, Approvals to be given and/or

obtained by the Supplier:
Not applicable
GC 1.12.1 The individuals or firms in a joint venture, consortium or association shall

be jointly and severally liable.
GC 5.1 For notices, the Purchaser’s address shall be:
Managing Director & CEO

Kawi House ,
P.O Box 100746 – 00101
Nairobi, Kenya
E-mail:
With a copy to;
Manager, Drilling Planning & Logistics

Kawi House
P.O Box 100746 – 00101
Nairobi, Kenya
E-mail: rngosi@gdc.co.ke
Telephone: + 254-0719715777/8/9/, +254 0719 036000,

+254-0719 037000, +254-020-2427516/9/36
Facsimile number:Not Applicable
The Supplier’s address for the purpose of notices shall be:
[State full address, telephone, fax and electronic post]

GC 6.2 The rules of procedure for arbitration shall be as follows:

If any dispute or difference of any kind arises between the
Parties in connection with this Agreement or the breach,
termination or validity hereof (a “Dispute”) it shall be referred
to arbitration under the Arbitration Act, 1995 and it is hereby
agreed that;
(a) The seat of the arbitration shall be Nairobi, Kenya;
(b) There shall be a panel of three (3) arbitrators. Each

Party shall appoint one arbitrator and the third who
shall be the chairman who shall be appointed by the
Institute of Chartered Arbitrators Kenya Chapter.
Provided that any person who has existing or prior
relationship with either Party shall not be eligible for
appointment as an arbitrator except with the consent of
both Parties.
(c) The language of the arbitration shall be English;
(d) The award rendered shall apportion the costs of the

arbitration;
The award shall be in writing and shall set forth in reasonable detail
the facts of the Dispute and the reasons for the tribunal’s decision.
The shipping and other documents to be furnished by the Supplier are:

GC 8.1
a) The Supplier’s invoice showing Goods description, quantity,
unit price and total amount.
b) Non-negotiable bill of lading.
c) Certifcate of conformity
d) Packing list identifying contents of each package.
e) Insurance certificate
f) Manufacture’s/ Supplier’s warranty certificate.
g) Inspection certificate, the Supplier’s factory inspection

report, and
h) Certificate of origin
The above documents shall be received by GDC at least two weeks

before arrival of Goods at the port and, if not received, the Supplier will
responsible for any consequent expenses (including any demurrage). The
supplier will not be responsible for any consequent expenses caused by
delay from GDC.
GC 10.1 Price adjustments shall not apply.

GC 11.1 The Terms of Payment shall be;

In accordance with the provisions of GC Clause 11.1 (Terms of Payment),
the Employer shall pay the Contractor in the following manner and at the
following times, on the basis of the Price Breakdown given in the section
on Price Schedules. Payments will be made in the currencies quoted by
the Bidder unless otherwise agreed between the Parties.
The Payment from the African Development Fund will be made through
direct payment to the contractor’s account. No Letter of credit will be
opened.
TERMS OF PAYMENT
Twenty percent (20%) of the total contract amount as an advance

payment against receipt of invoice and an irrevocable advance
payment security for the equivalent amount made out in favor of the
Employer. The advance payment security may be reduced in
proportion to the value of the plant and equipment delivered to the
site.
Forty percent (40%) of the total contract amount within sixty (60)
days after receipt of invoice confirming delivery and inspection of
the first 1500 drums.
Forty percent (40%) of the total contract amount within sixty (60)
days after receipt of invoice confirming delivery and inspection of
the second 1500 drums.
The Payment-Delay Period after which the Purchaser shall pay interest to
GC 11.5
the Supplier is discount rate of the issuing institute of the suppliers’s
country of origin increased by 1% per annum
GC 13.1 A Performance Security shall be required.

If a Performance Security is required, the amount shall be: 10 per cent of
contract price.
GC 13.2 If so required, the Performance Security shall be denominated in: “the

Currency of the Bid.
If so required, the Performance Security shall be in another form such as:
Bank guarantee
GC 13.4 Discharge of Performance Security shall take place not later than 28 days
following the completion of the Supplier’s performance obligations.
GC 16.2 The Packing, Marking and Documentation within and outside the
packages shall be:
(i) The packing of materials shall be made as seaworthy and
suitable to the easy and safe inland transportation
(ii) The Supplier shall be obliged to provide shipping marks

indicating in English the number of Contract, consignee
information, shipper’s information as well as its net weight
and gross weight.
All markings and branding (if so required) on the materials shall

be in English language.
It will be the responsibility of the Supplier to deliver all the goods
covered in the Contract to the port of entry, Mombasa.
The Supplier shall be deemed to have examined the site, the

Conditions of Contract and the price schedules and are satisfied
that all the price schedules are correct and have correct and
sufficient information for the proper supply and delivery of the
drilling detergent and the provision of any other incidental
services.
GC 17.1 The Insurance Coverage shall be in accordance with the specified
Incoterms.
GC 18.1 Responsibility for Arranging Transportation of the Goods shall be as

specified in the Incoterms.
GC 19.1 The Inspections and Tests required to be carried out shall be:
GC 19.2 The Inspections and Tests shall be conducted as follows:

GDC or its representative shall have the right to inspect and/or test the
Goods where necessary to confirm their conformity to the Contract. The
ITB specifies what inspections and tests GDC requires and where they are
to be conducted. GDC shall notify the Supplier in writing of the identity
of any representatives retained for these purposes.
The Inspections and tests may be conducted on the premises of the

Supplier or their subcontractor(s), the manufacturer’s site. Where
conducted on the premises of the Supplier or their subcontractor(s), all
reasonable facilities and assistance – including access to drawings and
production data – shall be furnished to the inspectors at no charge to
GDC.
Should any inspected or tested Goods fail to conform to the

Specifications, GDC may reject them and the Supplier shall either replace
the rejected Goods or make all alterations necessary to meet specification
requirements free of cost to GDC.
GDC’s right to inspect, test and, where necessary, reject the Goods after
their arrival in Kenya shall in no way be limited or waived by reason of
the Goods having previously been inspected, tested and passed by GDC or
its representative prior to the Goods shipment from the country of origin.
Nothing in this clause shall in any way release the Supplier from any
warranty or other obligations under this Contract.
[indicate precise address at which inspections and tests shall be

conducted].
GC 19.2 Pre-Shipment Inspection

cont’d
The Goods shall be inspected as to quality and quantity by a Pre-Shipment
Inspection Agency.
All consignments subject to Pre-Export Verification of Conformity

(PVoC) to Standards Programme must obtain a Certificate of Conformity
(CoC) issued by PVoC Country Offices prior to shipment. The Certificate
is a mandatory Customs Clearance document in Kenya; Consignments
arriving at Kenyan Ports without this document will be denied entry into
the Country. Since PVoC is a conformity assessment process to verify that
products imported to Kenya are in compliance with the applicable Kenyan
standards or approved equivalents, regulations and technical requirements
before shipment, it is the sole responsibility of the Supplier (i.e. exporter)
to demonstrate the same and hence meet any associated costs of
verification.
The Supplier is warned that the inspection of Goods does not relieve him
of the Contractual obligations to GDC and items may be rejected by GDC
if they fail to meet the requirements of the Contract even though they
have been cleared by the Inspection Agency for shipment.
GC 20.1 The Liquidated Damages shall be: 0.5% per Week
The Maximum Percentage of Liquidated Damages shall be: 10%
GC 21.3 The Period of Validity of the Warranty shall be 12 Months

For the purposes of the Warranty, the Place(s) of Final Destination(s)
shall be: Menengai, Nakuru.
GC 21.5 The Period within which the Supplier shall Repair or Replace defective
goods shall be: 30 days after notification of defect.
GC 21.6 The Deadline after which the Purchaser may take remedial action if the
Supplier fails to remedy the notified defects shall be: 14 days.
Section IX. Contract Forms 3-109
Section IX. Contract Forms
Introduction
This Section contains Contract Forms which, once completed, will constitute part of the
Contract. The forms for Contract Agreement, Performance Security and Advance Payment
Security, when required, shall only be completed by the successful Bidder, after contract
award.
Table of Forms
Letter of Acceptance 110
Contract Agreement 111
Performance Security 113
Advance Payment Security 114

3-110 Section IX. Contract Forms
Letter of Acceptance
[on letterhead paper of the Purchaser]
. . . . . . . [date]. . . . . . .
To: [name and address of the Supplier] . . . . . . . . . .
Subject: [Notification of Award Contract No]. . . . . . . . . . .
This is to notify you that your Bid dated . . . . [Insert date]. . . . for execution of the . . . . . .
. . . .[insert name of the contract and identification number] . . . . . . . . . . for the amount
of . . . . . . . . [insert amount (s) in figures and words and name(s) of currency(ies)], as
corrected and modified in accordance with the Instructions to Bidders is hereby accepted
by us.
You are requested to furnish the Performance Security in the amount of [insert amount
(s) in figures and words and name(s) of currency(ies)]within 28 days in accordance with
the Conditions of Contract, using for that purpose the Performance Security Form
included in Section IX, Contract Forms of the Bidding Document.
Authorized Signature: .......................................................................................................................

Name and Title of Signatory: ............................................................................................................
Name of Agency: ..............................................................................................................................
Attachment: Contract Agreement
Contract Agreement
THIS CONTRACT AGREEMENT is made on the [ insert: number] day of [ insert: month],
[ insert: year].
BETWEEN
(1) [insert complete name of the Purchaser ], a [insert description of type of legal
entity, for example, an agency of the Ministry of ....] of the Government of {insert
name of Country of the Purchaser }, or corporation incorporated under the laws of
{ insert name of Country of the Purchaser } and having its principal place of
business at [ insert address of the Purchaser ] (hereinafter called ―the Purchaser‖),
and
(2) [insert name of the 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‖).
WHEREAS the Purchaser invited bids for Goods and Related Services, described as [insert
brief description of the Goods and Related Services] and has accepted a Bid by the Supplier
for the supply of these Goods and Related Services, and the Purchaser agrees to pay the
Supplier 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.
The Purchaser and the Supplier agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement. This Agreement shall prevail over all other Contract documents.
(a) the Letter of Acceptance

(b) the Bid
(c) the Addenda Nos. . . . . . [insert addenda numbers if any]. . . . .
(d) the Particular Conditions
(e) the General Conditions
(f) the Specification
(g) the Drawings; and
(h) the completed Schedules,
3. In consideration of the payments to be made by the Purchaser to the Supplier as

indicated in this Agreement, the Contractor hereby covenants with the Purchaser to
execute the Goods and Related Services and to remedy defects therein in conformity
in all respects with the provisions of the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the supply of
the Goods and Related 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.
Agreement to be executed in accordance with the laws of . . . . . [insert name of the

borrowing country] . . . . . on the day, month and year indicated above.
Signed by: Signed by:
For and on behalf of the Purchaser for and on behalf the Supplier
In the presence of: in the presence of:
Witness, Name, Signature, Address, Date
Witness, Name, Signature, Address, Date

Performance Security
[The bank, as requested by the successful Bidder, shall fill in this form in accordance with
the instructions indicated]
Date: [insert date (e.g., day, month, and year)]

Bidding Process Reference: [insert no. and title of bidding process]
Bank’s Branch or Office: [insert complete name of Guarantor]

Beneficiary: [insert complete name of Purchaser ]
PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]
We have been informed that [insert complete name of the Contractor] (hereinafter called "the
Contractor") has entered into Contract No. [insert number] dated [insert day and month],
[insert year] with you, for the supply of [description of Goods and related Services] and the
remedying of any defects therein (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance
Guarantee is required.
At the request of the Purchaser, we hereby irrevocably undertake to pay you any sum(s) not
exceeding [insert amount(s13) in figures and words] such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, upon receipt by us of your
first demand in writing declaring the Contractor to be in default under the Contract, without
cavil or argument, or your needing to prove or to show grounds or reasons for your demand
or the sum specified therein.
This Guarantee shall expire no later than the [insert number] day of [insert month] [insert
year],14 and any demand for payment under it must be received by us at this office on or
before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC
Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
[signatures of authorized representatives of the bank]
r
e
Advance Payment Security (Bank Gurantee)

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with
the instructions indicated.]
Date: [insert date (e.g., day, month, and year) of Bid Submission]
Bidding Process Reference: [insert number and title of bidding process]
[bank’s letterhead]
Beneficiary: [insert legal name and address of Purchaser ]
ADVANCE PAYMENT GUARANTEE No.: [insert Advance Payment Guarantee no.]
We have been informed that . . . . . [insert name of the Supplier]. . . . . (hereinafter called
―the Supplier‖) has entered into Contract No. . . . . . [insert reference number of the
Contract]. . . . . dated . . . . . . . .with you, for the supply of Goods and Related Services
[insert name of contract and brief description of Goods and Related Services] (hereinafter
called ―the Contract‖).
Furthermore, we understand that, according to the Conditions of the Contract, an advance
payment in the sum . …. [insert currency and amount in figures]15(… . [insert currency
and amount in words]. . ) is to be made against an advance payment guarantee.
At the request of the Purchaser, we . . . . . [insert name of the Bank] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of . . . . . [insert
currency and amount in figures] (. . . . . [insert currency and amount in words]. . . . . )
upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Supplier is in breach of its obligation under the Contract because the Supplier
used the advance payment for purposes other than performing his obligations under the
Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Supplier on its account number . .
. . . [insert Supplier’s account number] at . . . . . [insert name and address of the Bank]. . . .
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458 , except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
. . . . . . . . . . . . . . [Seal of Bank and Signature(s)]. . . . . . . . . . . . ..
Note –
All italicized text (including footnotes) is for guidance on how to prepare this demand
guarantee and shall be deleted from the final document.
ely convertible currency acceptable to the Purchaser

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Geothermal Development Company Ltd

P.O. Box 100746-00101, NAIROBI

TENDER FOR SUPPLY OF DRILLING

Issued on: 21ST SEPTEMEBR 2016

ICB No: GDC/ICB/DPL/014/2016:2017

PURCHASER: GEOTHERMAL DEVELOPMENT

Standard Bidding Document

PART 1 – Bidding Procedures ............................................................................................... 1

 Section I. Instructions to Bidders .........................................................................................3

PART 2 – Purchaser’s Requirements ................................................................................. 69

 Section VI. Requirements ..................................................................................................70

PART 3 –Conditions of Contract and Contract Forms .................................................... 76

 Section VII. General Conditions ........................................................................................77

Section I. Instructions to Bidders

B. Contents of Bidding Document 1-9

C. Preparation of Bids 1-11

D. Submission and Opening of Bids 1-18

E. Examination of Bids 1-20

F. Bid Evaluation and Comparison 1-22

G. Award of Contract 1-24

Section I. Instructions to Bidders

(i) ―Corrupt Practice‖ is the offering, giving, receiving,

(v.1) deliberately destroying, falsifying, altering, or

(v.2) acts intended to materially impede the exercise of

(b) will reject a proposal for award if it determines that the

its agents, or its sub-consultants, sub-contractors, service

Section VII, General Conditions.

process. Participation by a Bidder in more than one Bid will

corruption and fraud and Bank’s sanctions procedures8, shall be

B. Contents of Bidding Document

PART 1 Bidding Procedures

 Section VII. General Conditions (GC)

7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding

7.4 The Bidder’s designated representative is invited to attend a pre-

in another language provided they are accompanied by an

governed by the rules prescribed in the current edition of

(c) for Goods offered from outside the Purchaser ’s Country:

I for Related Services:

bank guarantee, the bid security shall be submitted either using

―ORIGINAL.‖ In addition, the Bidder shall submit copies of the

D. Submission and Opening of Bids

(a) bear the name and address of the Bidder;

24.3 No bid may be withdrawn, substituted, or modified in the

to all Bidders who submitted bids in time, and posted online

28. Determination 28.1 The Purchaser’s determination of a bid’s responsiveness is to be

I ―Omission‖ is the failure to submit part or all of the

F. Bid Evaluation and Comparison

major items of the Requirements will also be evaluated for

37.1 Promptly upon notification, the Purchaser shall send the

contract, using for that purpose the Performance Security Form

Section II. Bid Data Sheet

ITB 1.1 The Purchaser is:

B. Contents of Bidding Document

Electronic mail address: dkyaka@gdc.co.ke; pkapto@gdc.co.keand copied to:

ITB 13.1 Alternative bids are not permitted.

ITB 13.2 Alternatives to the Time Schedule shall not be permitted.

ITB 14.2 Prices shall be fixed.

ITB 14.5 The version of the Incoterms is: INCOTERMS 2010

(Bidders allowed to quote in local and foreign currencies):

Dated on ______________ day of _, _

Dated on _________________ day of _, .