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NPWR/2015/06 TENDER FOR THE SUPPLY OF GROUND MEASUREMENT STATIONS AND SERVICES FOR A CSP ROAD MAP AND THE ESTABLISHMENT OF COMMERCIAL CSP PLANTS IN NAMIBIA Volume A1 Instructions to Tender COPYRIGHT © NAMPOWER (PTY) Ltd ALL RIGHTS RESERVED, NO PART OF THIS WORK MAY BE MODIFIED OR REPRODUCED OR COPIES IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, TAPING OR INFORMATION AND RETRIEVAL SYSTEM, OR USED FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN PERMISSION OF NAMPOWER (PTY) LIMITED
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Page 1: CSP A1 Instructions to Tender - NamPower€¦ · is only 2.5 persons per km2 making it the country with the second lowest population density in the world. 1.1.2 NamPower, Namibia’s

NPWR/2015/06

TENDER FOR THE SUPPLY OF GROUND

MEASUREMENT STATIONS AND SERVICES FOR A

CSP ROAD MAP AND THE ESTABLISHMENT OF

COMMERCIAL CSP PLANTS IN NAMIBIA

Volume A1

Instructions to Tender

COPYRIGHT © NAMPOWER (PTY) Ltd

ALL RIGHTS RESERVED, NO PART OF THIS WORK MAY BE MODIFIED OR REPRODUCED OR

COPIES IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING

PHOTOCOPYING, RECORDING, TAPING OR INFORMATION AND RETRIEVAL SYSTEM, OR USED

FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN

PERMISSION OF NAMPOWER (PTY) LIMITED

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CONTENTS

1  INTRODUCTION.................................................................................................................. 2 

1.1  BACKGROUND TO THE PROJECT .............................................................................................. 2 

1.2  OBJECTIVE OF THIS DOCUMENT ............................................................................................... 3 

1.3  DEFINITIONS AND INTERPRETATION .......................................................................................... 3 

1.4  TENDER PROCESS ................................................................................................................. 6 

1.5  PROCESS FLOW FOR THE TENDER PROCESS ............................................................................ 7 

1.6  ELIGIBILITY OF TENDERER AND ETHICAL PRACTICE ................................................................... 8 

1.7  CONTRACT LIABILITY ............................................................................................................ 10 

1.8  COST OF TENDERING ............................................................................................................ 10 

1.9  TIMELINE FOR THE TENDER PROCESS .................................................................................... 11 

1.10  COMMUNICATION DURING TENDERING PROCESS ..................................................................... 12 

1.11  STRUCTURE OF THIS DOCUMENT ........................................................................................... 12 

2  THE TENDER DOCUMENTS ............................................................................................ 14 

2.1  CONTENT OF TENDER DOCUMENTS ....................................................................................... 14 

2.2  COMPULSORY TENDER CLARIFICATION MEETING ..................................................................... 15 

2.3  MANDATORY SITE VISIT ......................................................................................................... 16 

2.4  CLARIFICATION OF TENDER DOCUMENTS ............................................................................... 17 

2.5  AMENDMENT OF TENDER DOCUMENTS ................................................................................... 17 

3  PREPARATION OF THE TENDER SUBMISSION ............................................................ 20 

3.1  LANGUAGE OF TENDER ......................................................................................................... 20 

3.2  FINALISATION OF TENDER SUBMISSION .................................................................................. 20 

3.3  CONTENTS OF TENDER SUBMISSION ...................................................................................... 20 

3.4  DELIVERY AND DELIVERY TIME .............................................................................................. 22 

3.5  CORPORATE AND ADMINISTRATIVE INFORMATION .................................................................... 22 

3.6  JOINT VENTURE AND CONSORTIUM REQUIREMENTS ................................................................ 24 

3.7  NEEEP REQUIREMENTS ....................................................................................................... 25 

3.8  TENDER PRICES AND CURRENCIES ........................................................................................ 25 

3.9  DEVIATIONS AND MODIFICATIONS .......................................................................................... 25 

3.10  SUBMISSION OF COMPLETED TENDER .................................................................................... 27 

3.11  TENDER VALIDITY PERIOD ..................................................................................................... 28 

3.12  TENDER BOND ..................................................................................................................... 28 

4  TENDER OPENING AND TENDER EVALUATION........................................................... 31 

4.1  TENDER OPENING ................................................................................................................ 31 

4.2  CONFIDENTIALITY OF EVALUATION AND EFFORTS TO INFLUENCE .............................................. 31 

4.3  CLARIFICATION OF TENDER SUBMISSION ................................................................................ 31 

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4.4  DETERMINATION OF RESPONSIVENESS OF TENDER ................................................................. 31 

4.5  CORRECTION OF ERRORS ..................................................................................................... 32 

4.6  LEGAL EVALUATION OF TENDER ............................................................................................ 32 

4.7  EVALUATION OF THE TECHNICAL PROPOSAL ........................................................................... 32 

4.8  EVALUATION OF FINANCIAL PROPOSAL AND NEEEP INFORMATION .......................................... 33 

4.9  FINAL SCORE OF THE TENDER SUBMISSION ............................................................................ 36 

4.10  DISCUSSIONS WITH SHORTLISTED TENDERERS ....................................................................... 36 

4.11  NAMPOWER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL TENDERS .......................................... 36 

4.12  NOTIFICATION OF AWARD ...................................................................................................... 37 

4.13  SIGNING THE CONTRACT AGREEMENT ................................................................................... 37 

5  LEGISLATION ................................................................................................................... 39 

5.1  COMPLIANCE WITH LAWS, REGULATIONS, LICENCES AND PERMITS........................................... 39 

LIST OF TABLES

Table 1: Timeline for Tender Process .................................................................................... 11 

Table 2: NEEEP score table ................................................................................................... 34

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SECTION 1

INTRODUCTION

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1 INTRODUCTION

1.1 Background to the Project

1.1.1 The Republic of Namibia is a vast country with a population of just over 2 million

people of which two thirds are living in rural areas. The currently population density

is only 2.5 persons per km2 making it the country with the second lowest population

density in the world.

1.1.2 NamPower, Namibia’s power utility, operates a transmission network which has

been designed to import competitively priced electricity from South Africa, Zambia

and Zimbabwe, and produces only 39% of Namibia’s electricity needs from

domestic generation. Namibia’s demand for electricity is growing as the Namibian

economy develops and as it extends the network to its rural areas. By 2020

Namibia’s demand will increase by 35% under the high scenario (mining led) and by

18% under the medium scenario. Furthermore, the security and the

competitiveness of electricity from South Africa will decline, opening opportunities

for domestic production.

1.1.3 In 2012, the Office of the President of Namibia issued the Fourth National

Development Plan, which reiterated the vital role of energy in the country's

economic and national development. The Namibian Government is pursuing a

policy of energy security by promoting a diversified energy mix which will ensure

that the national economy does not become overly dependent on one source of

energy. With the projected growth in demand and given the Government’s policy of

diversifying the energy mix, it is clear that the country’s electricity generation

capacity needs to be expanded with a focus on developing domestic energy

resources, including renewable energy, and solar energy in particular.

1.1.4 In response to this Fourth National Development Plan, the CSP TT NAM project

was launched. The CSP TT NAM project includes the feasibility study and

development of a CSP plant as well as establishing a conducive market and

environment for the investment in renewables (and specifically CSP) in Namibia.

1.1.5 In July 2012, a pre-feasibility study titled “ PRE-FEASIBILITY STUDY FOR THE

ESTABLISHMENT OF A PRE-COMMERCIAL CONCENTRATED SOLAR POWER

PLANT IN NAMIBIA” was completed. This pre-feasibility study was co-financed by

the Namibia’s Ministry of Mines and Energy and the Energy & Environment

Partnership (funded by Finland, UK and Austria).

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1.1.6 The CSP pre-feasibility study focused on the establishment of a CSP power plant in

Namibia and assessed the technical, environmental, national solar resource, socio-

economic and financial aspects of this project. The study concluded that CSP is a

viable, mature technology which is an economically attractive solution for Namibia,

as Namibia has one of the best solar resources in the world. Namibia has more

than 33,000 km2 of potential sites for CSP development that could accommodate

more than 250,000 MWe of projects, of which the study identified the top 5 sites.

1.1.7 Therefore the preparation of a full detailed feasibility study for a solar power plant

aims to define and prove CSP as a viable solar energy project in Namibia.

1.1.8 The objective of procuring solar resource data is to serve the development of a CSP

road map in Namibia as well as to capture the required bankable data for the first

CSP site in Namibia.

1.2 Objective of this document

1.2.1 Namibia Power Corporation (Pty) Ltd., the electricity utility of the Republic of

Namibia (hereafter referred to as ‘NamPower’), invites Tenders for the equipment

and services to measure the solar resources for establishment of commercial CSP

plants in Namibia.

1.2.2 These instructions are for the preparation of the Tender Submissions on Tender

NPWR/2015/06: TENDER FOR THE SUPPLY OF GROUND MEASUREMENT

STATIONS AND SERVICES FOR A CSP ROAD MAP AND THE

ESTABLISHMENT OF COMMERCIAL CSP PLANTS IN NAMIBIA, in which entities

are requested to submit responses to this document in accordance with the terms of

reference set forth in this document. These Tender Submissions will be used to

appoint a Consultant for the supply of the Services.

1.3 Definitions and Interpretation

1.3.1 Capitalised words and expressions used in these Instructions to Tenderers shall

have the following meanings:

"Clarification Request Deadline" means 12h00 on the date falling fourteen (14)

days prior to the Tender Closing Date;

"Contract" means the Contract Agreement and any further documents (if any) which

are listed in the Contract Agreement;

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"Contract Agreement" means the contract agreement signed by the Consultant

and NamPower on award of the Contract and which is in accordance with Volume C

Returnable Form C10.

“Contract Price” means the agreed, contractual amount for the procurement of the

equipment and services to measure the solar resources for establishment of

commercial CSP plants in Namibia. The Contract Price includes all disbursements,

warranties, securities, insurance, transportation, storage, duties and taxes but

exclusive of Value Added Tax (VAT) for the Scope of Services as agreed between

NamPower and the Consultant at the signing of the Contract Agreement;

“Financial Proposal” means the response submitted by the Tenderer to these

Tender Documents for stage two of the Tender Process and includes all documents

listed in section 3.3;

"Instructions to Tender" means this section of the Tender Documents;

"Namibia” means the Republic of Namibia;

"NamPower" means Namibia Power Corporation (Pty) Ltd;

“Ministry of Mines and Energy (MME)” means the ministry of the GRN;

“NEEEP” means the NamPower Equitable Economic Empowerment Policy dated 26

September 2014, which is available on NamPower's website

(www.nampower.com.na);

“NamPower Tender and Procurement Policy" means the NamPower Tender and

Procurement Policy dated 1 December 2011, which is available on NamPower's

website (www.nampower.com.na);

“Price Schedules” means the schedules completed by the supply of equipment

and services required to measure the solar resources for establishment of

commercial CSP plants in Namibia;

"Returnable Forms" means all forms set out in the Returnable Forms on Tender

Submission in Volume C and D;

“Scope of Services” or “Services” means the equipment and services required to

measure the solar resources for establishment of commercial CSP plants in

Namibia;

“Specification” means the specification for solar resource measurement contained

in Volume B1;

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“Technical Proposal” means the response submitted by the Tenderer to these

Tender Documents for stage one of the Tender Process and includes the

documents listed in section 3.3;

“Tender” or “Tender Submission” means the response submitted by the

Tenderer to these Tender Documents which comprises either the Technical

Proposal or Financial Proposal depending on the stage of the Tender Process;

“Tender Administrator” means the person(s) responsible for the management and

administration of the Pre-qualification;

“Tenderer(s)” means the respondent(s) who register on the NamPower Website

and then submit a response to these Tender Documents;

"Tender Bond" means a bank guarantee which is in the appropriate form set forth in

Volume D Returnable Form D5 and which complies with the requirements of

section 3.12 of the Instruction to Tenderers;

"Tender Closing Date" or “Closing Date” means the date and time for the deadline

for submission of Tender Submission as set forth in section 1.9 of the Instruction to

Tenderers;

"Tender Documents" means these documents comprising those parts set out in

section 2.1 of the Instruction to Tenderers including all clarifications and

amendments issued to the Tender Documents during the Tender Process;

"Tender Opening" means the opening of each Tender, as described in section 4.1

of the Instruction to Tenderers;

“Tender Process” means the clarification, amendment, submission, evaluation,

negotiation and award process (see sections 1.4 and 1.5) which is followed until the

successful Tenderer is appointed as the Consultant for the Scope of Services;

"Tender Validity Period" means the period as set forth in section 3.11 of the

Instruction to Tender for which the Tender is valid;

1.3.2 Where:

(a) any reference to a day(s) means a calendar day(s);

(b) words importing any one gender shall include the other gender;

(c) the singular shall include the plural and vice versa;

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(d) a reference to natural persons shall include a business entity (corporate or

unincorporated) and vice versa;

(e) the headings have been inserted for convenience only and shall not be used for

nor assist or affect its interpretation;

(f) if anything in a definition is a substantive provision conferring rights or imposing

obligations on anyone, effect shall be given to it as if it were a substantive

provision in the body of this Agreement;

(g) references to materials, information, data and other records shall be to

materials, information, data and other records whether stored in electronic,

written or other form;

(h) capitalised terms used in these Instructions to Tenderers which are not defined

above shall have the meanings given to them in the Contract. References to a

section are to a section of these Instructions to Tenderers, unless stated

otherwise; and

(i) any reference to a statute (whether or not specifically named herein) shall

include any amendment, re-enactment or replacement thereof for the time being

in force and shall include all instruments, orders, plans, regulations, bye-laws,

permissions and directions for the time being made, issued or given thereunder

or deriving validity therefrom.

1.4 Tender Process

1.4.1 The Scope of Services as described in these Tender Documents will be procured in

accordance with the laws of Namibia, the NamPower Tender and Procurement

Policy and the NamPower Equitable Economic Empowerment Policy.

1.4.2 This Tender Process will be administrated and evaluated in two stages. Stage one

is the submission of the Technical Proposal which details the delivery capability of

the Tenderer, financial strength of the Tenderer, technical capability of the

Tenderer, reference projects of the Tenderer, technical information for the ground

measurement station and the proposed methodologies. NamPower will evaluate

and consider the Technical Proposals and if deemed necessary NamPower may

update the technical specification accordingly. All Tenderers found compliant will

be invited to participate in the second stage of the tendering process which is the

submission of the Financial Proposal including the NEEEP information; where the

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basis of the Financial Proposal is the updated Technical Proposal. During stage

two of the tendering process, NamPower will evaluate (based on price and rates)

the Financial Proposal including the NEEEP information. (Please see sections 1.5

and 1.9, for the respective process flows and timelines associated with this Tender

Process).

1.4.3 The Scope of Services associated with these Tender Documents will be procured

according to FIDIC Client / Consultant Model Services Agreement (4th edition

2006).

1.4.4 The Tender Documents may be obtained free of charge from the website:

www.nampower.com.na, where registration for participation in this tendering

process is required.

1.4.5 NamPower reserves the right to accept or reject any Tender Submission, or to

annul the Tender Process and reject all Tender Submissions, without incurring

liability to any Tenderer and without notifying any Tenderer of the reasons for the

Tender Administrator’s action.

1.4.6 NamPower, at its sole discretion, may enter into negotiations with any of the

Tenderers. Following such negotiations the Contract may be awarded.

1.4.7 The successful Tenderer will be required to register with NamPower as a

NamPower vendor (if not already registered) prior to the receipt of an order. Vendor

registration forms can be downloaded from the NamPower website or be obtained

from the NamPower procurement office. The administration of vendor registration is

independent to this Tender Process.

1.5 Process flow for the Tender Process

1.5.1 The envisaged process flow for this Tender is shown in Figure 1 below.

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Figure 1: Tender Process

1.6 Eligibility of Tenderer and Ethical Practice

1.6.1 The Tenderer must not have been barred for any reason from tendering either in

Namibia, or in the country of origin or elsewhere.

1.6.2 Unless approved in advance by NamPower in writing, Tenderers shall not be

associated, or have been associated in the past, directly or indirectly, with any firm

or any affiliates of any firm that has been engaged by NamPower to provide

consulting services for the preparation of these Tender Documents.

1.6.3 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent

practices.

1.6.4 Tenderers (if a joint venture, any of its members) who may be affected by a conflict

of interest shall attach to its Tender Submission a notification to NamPower with the

details of the conflict of interest. This includes any relationship between the

Tenderer and a NamPower employee/contracted staff member, it being business

relations, directorships, family relations, etc.

1.6.5 Should at any time after the Tender Submission, the Tenderer become aware of a

conflict of interest that was not in existence or known to the Tenderer prior to the

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Tender Submission, the Tenderer shall notify NamPower without delay with the

details of the conflict of interest.

1.6.6 Any Tenderers found to be benefiting from privileged and/or inside information that

makes it possible to have an unfair advantage over other Tenderers will be

disqualified from the Tender Process.

1.6.7 NamPower requires that Tenderers and suppliers/contractors observe the highest

standard of ethics during the procurement and execution of the Contract

respectively.

1.6.8 In pursuance of this policy, NamPower:

(a) will reject a submission for award if it determines that the Tenderer

recommended for award has engaged in corrupt or fraudulent practices in

competing for the contract in question;

(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to

be awarded a contract if it at any time determines that the firm has engaged in

corrupt or fraudulent practices in competing for, or in executing, a contract.

1.6.9 For the purposes of this provision:

(a) “Corrupt Practice” means the offering, giving or promising of any improper

advantage to influence the action of a Public Official, or the threatening of injury

to his person, employment, property, rights or reputation, in connection with any

Tender Process or in the execution of any contract in order that any person may

obtain or retain business improperly or obtain any other improper advantage in

the conduct of business.

(b) “Fraudulent Practice” means a dishonest statement or act of concealment which

is intended to, or tends to, influence improperly the Tender Process or the

execution of a contract to the detriment of NamPower, or is designed to

establish Tender prices at non-competitive levels and to deprive the NamPower

of the benefits of fair and open competition, and includes collusive practices

(whether before or after Tender Submission) among Tenderers or between a

Tenderer and a consultant or a representative of the NamPower.

(c) “Public Official” means any person holding a legislative, administrative,

managerial, political or judicial post in any country, or exercising any public

function in any country; or a director or employee of a public authority or of a

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legal person controlled by a public authority of any country; or a director or

official of a public international organisation.

(d) “Prohibited Practice“ means an act that is a Corrupt Practice or a Fraudulent

Practice.

1.6.10 The Tenderer must submit a covenant of integrity, on its company letterhead and

according to the form of covenant of integrity set forth in Volume C Returnable

Form C5.

1.6.11 Tenderers shall be aware of the provisions on corrupt and fraudulent practise as

stated in the Tender Documents.

1.6.12 Information relating to evaluation of Tender Submissions shall not be disclosed to

the Tenderers who submitted Tender Submissions or to any other persons not

officially concerned with the Tender Process.

1.7 Contract Liability

1.7.1 If the Tenderer intends to form a joint and several contractual relationship with a

third party for the purpose of its Tender, then the Tender must be submitted as a

joint Tender. The Tender Submission and Returnable Forms must be signed by all

parties to the consortium or joint venture or by a signatory with valid powers of

attorney to sign on behalf of such parties. All parties to a consortium or joint Tender

shall be jointly and severally liable for the Tender. Failure to comply with this

requirement may, at NamPower’s sole discretion, result in the rejection of the

Tender.

1.8 Cost of Tendering

1.8.1 The Tenderer shall bear all costs associated with the preparation of its Tender

Submission, attending clarification or negotiation meetings, and the drafting and

execution of the Contract (if successful). NamPower shall in no case be responsible

or liable for these costs, regardless of the conduct or outcome of the Tender and/or

negotiation process.

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1.9 Timeline for the Tender Process

The following table provides the anticipated timeline for the Tender Process:

Table 1: Timeline for Tender Process

ACTIVITY DATE

Process up to submission of Technical Proposal

Tender published in the market 22 January 2015

Compulsory Tender clarification meeting 10 February 2015 at 10h00

at Hotel Safari Conference

Centre

Mandatory site visits 11 to 13 February 2015

Deadline for Clarification Requests Tender Closing Date minus

14 days

Deadline for Amendments to Tender Documents Tender Closing Date minus

7 days

Tender Closing Date: Stage one: Submission of

Technical Proposal

6 March 2015 at 12h00.

Process after the submission of Technical Proposal to Contract Award

Evaluation of Technical Proposals including

Clarification on Technical Proposals

Approx. 4 weeks

Update of Technical Proposals by Tenderers Approx.1 week

Invitation to technically compliant companies to

participate in Stage two

Estimated date 3 April 2015

Tender Closing Date: Stage Two: Submission of

Financial Proposal and NEEEP information

2 weeks from invitation,

Estimated date 17 April 2015

Evaluation of Financial Proposal and NEEEP

information, including Clarification of Financial

Proposal and NEEEP information

Approx.2 weeks

Internal Approval Approx. 2 to 8 weeks

(dependant on levels of

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authority)

Shortlisting of Tenderers Approx. 1 week

Negotiation Approx. 1 to 2 weeks

Contract Award Approx. 1 week

1.10 Communication during Tendering Process

1.10.1 Any Tenderer who wishes to contact NamPower on any matter related to this

Tender Process at any stage of the Tender Process, should do so in writing through

the Tender Administrator. All communication to NamPower will be by email and

addressed to:

The Tender Administrator

Email address: [email protected]

1.10.2 NamPower will not be bound by any statement, written or verbal made by any

person other than the Tender Administrator whose details are stated above. The

Tender Administrator is the only person authorised to make representations or

explanations regarding this document during the Tender Process.

1.10.3 The heading/ subject of the email for all enquiries pertaining to this Tender Process

shall be addressed as follows:

NPWR/2015/06: TENDER FOR THE SUPPLY OF GROUND MEASUREMENT

STATIONS AND SERVICES FOR A CSP ROAD MAP AND THE

ESTABLISHMENT OF COMMERCIAL CSP PLANTS IN NAMIBIA

1.11 Structure of this Document

The remainder of this document is structured as follows:

Section 2: The Tender Documents

Section 3: Preparation of the Tender Submission

Section 4: Tender Opening and Tender Evaluation

Section 5: Legislation

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SECTION 2

THE TENDER DOCUMENTS

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2 THE TENDER DOCUMENTS

2.1 Content of Tender Documents

2.1.1 The Scope of Services, tendering procedures, contract terms and technical

requirements are all prescribed in the Tender Documents. The Tender Documents

include the following:

a) Volume A:

Volume A1 Instructions to Tenderers

Volume A2 Particular Conditions and Schedule of Amendments

b) Volume B:

Volume B1 Specification for Solar Resource Measurement

c) Volume C:

Returnable Form C1 General and Specific Company Information

Returnable Form C2 Form of Letter of Tender

Returnable Form C3 Minimum Responsiveness Criteria for Technical

Proposal

Returnable Form C4 Form of Special Power of Attorney

Returnable Form C5 Form of Covenant of Integrity

Returnable Form C6 Letter (s) of Good Standing from the Receiver of

Revenue

Returnable Form C7 Letter (s) of Good Standing from Social Security

Commission

Returnable Form C8 Letter (s) of Good Standing from the Employment

Equity Commission

Returnable Form C9 Reference Projects

Returnable Form C10 Form of Contract Agreement

Returnable Form C11 NOT USED

Returnable Form C12 NOT USED

Returnable Form C13 Datasheets for measuring equipment

Returnable Form C14 Technical and Legal Deviations

Returnable Form C15 Check-list for Corporate and Administrative

Information

Returnable Form C16 The Project Schedule

Returnable Form C17 Comments to the Specification

Returnable Form C18 Data Accuracy and Proposed Methodologies

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Returnable Form C19 Operating and maintenance plan for ground

measurement station

Returnable Form C20 Testing and commissioning plan for ground

measurement station

Returnable Form C21 List of spare tools and appliances

Returnable Form C22 Clarification meeting and Site Visit Form

d) Volume D:

Returnable Form D1: Price Schedules

Returnable Form D2 NEEEP information

Returnable Form D3 Check list for NEEEP Information

Returnable Form D4 Priced Deviations List

Returnable Form D5 Form of Tender Bond

Returnable Form D6 Minimum Responsiveness Criteria for Financial

Proposal

e) Volume E

Volume E1 Pre-feasibility study for the establishment of a pre-commercial

concentrated solar power plant in Namibia

Volume E2 Concentrating Solar Power: Best Practices Handbook for the

Collection and Use of Solar Resource Data

2.1.2 The Tenderer is expected to examine all instructions, forms, terms of reference,

specifications and other information in these Tender Documents. Failure to furnish

all information required by the Tender Documents or submission of a Tender not

substantially responsive to the Tender Documents in every respect will be at the

Tenderer’s risk and may, at NamPower’s sole discretion, result in rejection of the

Tender Submission.

2.1.3 In the event that there is no information to provide on the Returnable Form (i.e. no

deviations or reference projects), the Tenderer is still expected to submit the

Returnable Forms indicating on the form why it is not completed (i.e. “no deviations”

or “no reference projects”)

2.2 Compulsory Tender clarification meeting

2.2.1 A compulsory Tender clarification meeting will be held at the date and time

indicated in section 1.9. The purpose of the Tender clarification meeting is for

NamPower to discuss and clarify how the Tender Documents and forms must be

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interpreted and completed. It is required that all attendees have downloaded the

Tender Documents and have familiarized themselves with the requirements set

forth in the Tender Documents prior to the meeting. NamPower will also address

any queries or issues that potential Tenderers may have on the Tender documents.

2.2.2 Attendance of the Tender clarification meeting will be confirmed on Volume C,

Returnable Form C22.

2.2.3 The Tenderer will be allowed to send a representative to attend the Tender

clarification meeting on its behalf. Attendance of the Tender clarification meeting

will be confirmed by an attendance register; which all attendees will be requested to

complete at the meeting. Any Tenderer which fails to attend the compulsory Tender

clarification meeting may, in NamPower's sole discretion, be disqualified.

2.3 Mandatory site visit

2.3.1 The Tender clarification meeting will be followed by a mandatory site visit.

Attendance of the mandatory site visit will be confirmed on Volume C, Returnable

Form C22. A maximum of two (2) Tenderer's personnel or representatives shall be

entitled to attend the site visit, unless otherwise agreed by the NamPower.

2.3.2 All the Tenderer’s costs associated with any site visit shall be borne by the

Tenderer. The Tenderer shall be responsible for obtaining all visas required for the

attendance of its representatives at any site visit. On receipt of a completed site visit

form, and on request of the Tenderer, NamPower may issue a letter in support of

the visa procurement process detailing the information of the Tenderer and its

personnel/agent who will attend the site visit.

2.3.3 The Tenderer's personnel or agents will only participate in the site visit upon the

express condition that the Tenderer, its personnel and agents, will release and

indemnify NamPower and its personnel and agents from and against all liability in

respect thereof and the Tenderer, its personnel and agents will be responsible for

death, personal injury, loss of or damage to property and any other loss, damage,

costs and expenses howsoever incurred during or as a result of such site visit.

2.3.4 The Tenderer shall be deemed to have carefully examined all information supplied

in the Tender Document, and have fully informed himself/herself as to the prevailing

site conditions and circumstances, local or otherwise, that may in any way affect

his/her Tender Submission or his/her ability to perform his/her obligations under the

Contract. Each Tenderer is advised to obtain weather data as such information is

deemed integral to this project.

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2.3.5 Any Tenderer which fails to attend the mandatory site visit following the Tender

Conference may, in the NamPower's sole discretion, be disqualified.

2.4 Clarification of Tender Documents

2.4.1 The Tenderer may request a clarification(s) on the Tender Documents from

NamPower. All clarifications shall be sent by email to the address provided in

section 1.10.

2.4.2 NamPower will respond to all clarification requests received from the registered

Tenderers prior to the Clarification Request Deadline. All clarification requests and

responses will be posted on NamPower’s website and emailed to the Tenderers

who are registered at the date that the clarification was issued. It remains the

responsibility of the Tenderer to frequently check for and download from the

NamPower website new clarifications issued. Tenderers that register after the

issuance of clarifications need to download the clarifications issued when

downloading the Tender Documents. Clarifications to the Tender Documents made

pursuant to this section 2.4 shall be binding on the Tenderers and it will be

assumed that the information contained therein shall have been taken into account

by the Tenderer in its Tender Submission.

2.5 Amendment of Tender Documents

2.5.1 At any time up to seven (7) days prior to the deadline for submission of Tenders,

NamPower may, for any reason, whether at its own initiative, or in response to a

clarification requested by a prospective Tenderer, amend the Tender Documents.

2.5.2 Any amendments will be posted on NamPower’s website and emailed to the

registered Tenderers who are registered at the date of amendment being issued. It

remains the responsibility of the Tenderers to frequently check and download any

amendments which have been issued to the Tender Documents from the

NamPower website. Tenderers that register after the issuance of amendments

need to download the amendments issued when downloading the Tender

Documents.

2.5.3 Amendments to the Tender Documents made pursuant to section 2.5 shall be

binding on the Tenderers and it will be assumed that the information contained

therein shall have been taken into account by the Tenderer in its Tender

Submission.

2.5.4 NamPower may, at its sole discretion, extend the deadline for the submission of

Tenders, in which case, NamPower will notify all registered Tenderers in writing by

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email of the extended deadline and the details thereof will be posted on

NamPower’s website.

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SECTION 3

PREPARATION OF THE TENDER SUBMISSION

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3 PREPARATION OF THE TENDER SUBMISSION

3.1 Language of Tender

3.1.1 The Tender Submission and all correspondence and documents relating to the

Tender exchanged between the Tenderer and NamPower shall be written in the

English language.

3.2 Finalisation of Tender Submission

3.2.1 The original Tender Submission shall be prepared in indelible ink. It shall contain

no interlineations or overwriting, except as necessary to correct errors made by the

company itself. Any such corrections must be initialled by the persons or person

who sign(s) the Tender Submission.

3.2.2 An authorized representative of the Tenderer shall initial all pages of the Tender

Submission. The representative’s authorization is confirmed by a special power of

attorney as set out in Volume C Returnable Form C4.

3.2.3 For each Tender Submission, the Tenderer shall prepare and submit one (1)

original hardcopy and one (1) electronic (on a virus free USB drive) copy.

3.2.4 If there is any discrepancy between the electronic copy of the Tender Submission

and the hard copy, the hard copy shall govern.

3.2.5 The Tender Submission provided on the electronic media shall be in PDF format

and shall be provided as a single file for the Technical Proposal and if requested to

so, a single file for the Financial Proposal and NEEEP information. Brochures shall

not be included in the electronic (on USB drive) set.

3.2.6 The original hardcopy of the Tender Submissions shall be properly bound in ring

bound files, lever arch files, books or similar and submitted in a sealed package.

3.3 Contents of Tender Submission

3.3.1 The different sections of the Tender Submission shall be clearly segregated with

section dividers and bound in ring bound files, lever arch files, books or similar.

3.3.2 The Tenderer must take particular care when completing all forms, so that its

submission may be correctly evaluated. Failure to observe detail or accuracy, or to

satisfactorily complete the forms or provide all necessary information may lead to

rejection of the submission. NamPower may, at its sole discretion, take the level of

completeness of such forms into consideration when scoring and ranking the

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Tenders. The Tenderer as part of its Tender Submission shall sign and submit the

Form of Letter of Tender as set out in Volume C Returnable Form C2.

3.3.3 The Tender Submission shall as a minimum include the following documents and

shall be submitted under the following filing structure:

a) To be submitted as part of the Technical Proposal

C1 - General and Specific Company Information (See Returnable Form

C1) – with all documentation required under this Returnable Form to be

included in C1, if not already included elsewhere.

C2 - Letter of Tender (See Returnable Form C2)

C3 - Minimum Responsiveness Criteria for Technical Proposal (See

Returnable Form C3)

C4 - Special Power of Attorney (See Returnable Form C4)

C5 - Covenant of Integrity (See Returnable Form C5)

C6 - Letter of good standing from the Receiver of Revenue in the Republic

of Namibia (See Returnable Form C6)

C7 -Letter of good standing from the Social Security Commission (See

Returnable Form C7)

C8 - Letter of compliance from the Employment Equity Commission (See

Returnable Form C8)

C9 - Reference Projects (See Returnable Form C9)

C10 - Form of Contract Agreement (See Returnable Form C10) - initialled

on each page

C13 - Datasheet for measuring equipment (See Returnable Form C13)

C14 - Technical and Legal Deviations (See Returnable Form C14)

C15 - Check list for Corporate and Administrative Information (See

Returnable Form C15)

C16 - The Project Schedule (See Returnable Form C16)

C17 - Comments to the Specification (See Returnable Form C17)

C18 - Data Accuracy and Proposed Methodologies (See Returnable Form

C18)

C19 - Operating and maintenance plan for ground measurement station

(See Returnable Form C19)

C20 - Testing and commissioning plan for ground measurement station

(See Returnable Form C20)

C21 - List of spare tools and appliances (See Returnable Form C21)

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C22 - Clarification meeting and Site Visit Form(See Returnable Form C22)

b) To be submitted as part of the Financial Proposal and NEEEP information

D1 - Price Schedules (See Returnable Form D1)

D2 - NEEEP Information (See Returnable Form D2) - with all

documentation required under this Returnable Form to be included in D2,

if not already included elsewhere.

D3 - Check list for NEEEP Information (See Returnable Form D3)

D4 - Priced Deviations List (See Returnable Form D4)

D5 - Tender Bond (According to Returnable Form D5)

D6 - Minimum Responsiveness Criteria for Financial Proposal (See

Returnable Form D6)

3.3.4 The title page of each Returnable Form clearly indicates how and when each

Returnable Form must be completed. Omission to submit the Returnable Forms to

an acceptable standard of completeness, consistency and detail may, at

NamPower's sole discretion, may lead to disqualification of the Tender.

3.4 Delivery and Delivery Time

3.4.1 The Project Schedule for the Services shall be provided by the Tenderer according

to the activities listed in Volume B1 and shall be attached to Volume C Returnable

Form C16.

3.5 Corporate and Administrative Information

3.5.1 The Tenderer shall provide in the Tender Submission an organisational chart

showing the Tenderer’s overall organisation and an explanation of the Tenderer’s

financial relationship with any company, whether or not affiliated with the Tenderer,

who will participate in the Scope of Services. If the Tenderer is a consortium or joint

venture, the organisational chart shall indicate the relationship and interaction of all

consortium or joint venture members, and include a description of services to be

provided by each company. The organisational chart shall also indicate the

managerial positions within the company. Each managerial position shall clearly

indicate the title of position, the name of the incumbent and the contact details of

the incumbent.

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3.5.2 In the case of a consortium or joint venture, the Tenderer will identify which member

of the consortium or joint venture will be the leader and the primary point of contact

for NamPower.

3.5.3 The Tenderer shall provide in the Tender Submission the special power of attorney

(as set out in Volume C Returnable Form C4) duly executed, authorising a

person(s) to represent and bind the Tenderer and, in the event that the Tenderer is

a consortium or joint venture, each member of the consortium or joint venture.

3.5.4 The Tenderer shall include in its Tender Submission a covenant of integrity as set

forth in Volume C Returnable Form C5 and on its company letterhead. In the

event that the Tenderer is a consortium or joint venture, each of the consortium or

joint venture members shall provide a covenant of integrity.

3.5.5 A certified executed copy of the consortium or joint venture agreement shall be

included in the Tender Submission. Such agreement shall be according to the

requirements of section 3.6.

3.5.6 The Tenderer shall provide in the Tender Submission, the financial statements for

the last three years for the Tenderer or, in the event that the Tenderer is a

consortium or joint venture, each of the consortium or joint venture members. If the

Tenderer is a publicly listed company, the Tenderer shall indicate in the Tender

Submission the relevant stock exchange(s) on which the Tenderer is listed and

shall provide in its Tender a copy of each annual statement and other material

filings which have been submitted to the relevant exchange in the past thirty-six (36)

months.

3.5.7 In addition, the Tenderer, or in the event that the Tenderer is a consortium or joint

venture, each of the consortium or joint venture members, shall provide:

(i) letter of good standing from Receiver of Revenue in the Republic of Namibia (for

Tenderers incorporated in or which are registered foreign business entities in the

Republic of Namibia). Alternatively, the Tenderer's shall submit a letter from the

government of the country of origin. See Volume C Returnable Form C6;

(ii) letter of good standing from the Social Security Commission (for Tenderers

incorporated in or which are registered foreign business entities in the Republic of

Namibia) according to Volume C Returnable Form C7;

(iii) letter of compliance from the Employment Equity Commission (for Tenderers

incorporated in or which are registered foreign business entities in the Republic of

Namibia) according to Volume C Returnable Form C8.

3.5.8 The Tenderer shall ensure that all documentation required for Corporate and

Administrative Information is submitted together with Volume C Returnable Form

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C1. The Tenderer shall complete and submit together with the Tender Submission

Volume C Returnable Form C15 to ensure that all Corporate and Administrative

Information has been submitted.

3.5.9 NamPower hereby confirms that Tenderers need not be incorporated in the

Republic of Namibia, or be registered foreign business entities in the Republic of

Namibia, in order to participate in this Tender. However, the Tenderer shall take

note of the NEEEP Content and scoring thereof as part of the evaluation.

3.6 Joint Venture and Consortium Requirements

3.6.1 If the Tenderer is an association constituting a joint venture or consortium or other

unincorporated grouping of two or more legal entities (here called a joint venture)

the following shall apply:

(i) All documents comprising the Technical and Financial Proposals will be signed

by all members of the joint venture or consortium or unincorporated grouping of

two or more legal entities.

(ii) A joint venture or consortium agreement, signed by each member, shall be

submitted together with Volume C Returnable Form C1 and shall include:

a) a definition of the roles and responsibilities of each member of the joint

venture,

b) the ownership and management structure and the percentage shareholding

of each member in the joint venture,

c) a statement that the members of the joint venture or consortium etc. will

undertake, jointly and severally, the obligations of the joint venture under

the contract if awarded,

d) a statement that the members of the joint venture or consortium etc. shall

appoint and authorise the lead member (to be named) with authority to bind

the joint venture, and to act on its behalf in all matters in connection with or

arising out of this tendering process,

e) a statement that the composition or constitution of the joint venture or

consortium etc. shall not be altered without prior written consent by

NamPower and,

f) a statement that, for the purposes of the provision of the Scope of Services,

that the joint venture or consortium etc. shall act as and be considered a

single entity and in particular shall have a joint bank account in its name,

submit joint advance payment guarantees, joint invoices, and joint reports,

and shall establish common quality assurance for the services.

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3.7 NEEEP requirements

3.7.1 The NEEEP content for each Tender Submission shall be evaluated according to

the NamPower Equitable Economic Empowerment Policy. The Tenderer shall

provide the NEEEP information as set out in Volume D Returnable Form D2. The

Tenderer shall complete Volume D Returnable Form D3 Check list for NEEEP

Information to ensure that all NEEEP information has been submitted.

3.7.2 The Tenderer shall ensure that all documentation required for NEEEP Information is

submitted together with Volume C Returnable Form D2.

3.8 Tender Prices and Currencies

3.8.1 Tenderers shall quote for the entire Scope of Services on a “single responsibility”

basis such that the Contract Price covers all the obligations mentioned in or to be

reasonably inferred from the Specification for Solar Resource Measurement (see

Volume B1) and the Tender Documents. The Tenderer shall quote according to

the Price Schedules provided in Volume C Returnable Form D1.

3.8.2 All prices shall be quoted in Euro (€), US Dollars (USD), Namibian Dollars (NAD) or

South Africa Rand (ZAR). The price quoted for all equipment shall be fixed during

the Tenderer’s performance of the Contract; however the Tenderer may quote the

relevant inflation index to be used for price adjustment of the Services. This

inflation index will be subject to the approval of NamPower.

3.8.3 The prices which are quoted shall be inclusive of all disbursements, warranties,

securities, insurance, transportation, storage, duties and taxes but exclusive of

Value Added Tax (VAT).

3.8.4 For the purpose of evaluation, the exchange rate(s) as published by Oanda

(http://www.oanda.com/currency/converter) on the Tender Closing Date shall be

used.

3.9 Deviations and Modifications

3.9.1 The Tenderer shall provide a Tender Submission which is in accordance with these

Tender Documents, inclusive of all options (if applicable) called for therein, apart

from any deviations which the Tenderer considers to be unavoidable in order to

provide the Scope of Services with complete confidence.

3.9.2 Tenders shall not materially deviate from the principal requirements of the Tender

Documents. A material deviation is one which substantially affects the price, scope,

quality, completion or timing of the Scope of Services to be undertaken by the

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Tenderer under the Contract, or which limits in any substantial way, NamPower’s

rights or the Tenderer's obligations under the Contract. NamPower may, in its sole

discretion, reject any Tender Submission containing material deviations from the

principal requirements of the Specification.

3.9.3 As far as possible, the Tenderer should offer its standard product(s) for the Scope

of Services described in the Tender Documents. Where the Tender Submission

deviates from the Tender Documents, these deviations shall be listed with an

explanation stating why compliance with the Tender Documents including the

Specification and/or codes and standards is not offered and how this benefits

NamPower. Where codes and standards being offered by a Tenderer are not to the

requirements of the Specification, the Tenderer shall provide the necessary

documentary evidence to prove that the proposed codes and standards are

(i) equivalent to those required by the Specification;

(ii) internationally recognized and used;

(iii) provided in legible English as a deviation to the Tender, together with a

comparison of the Specification code/standard and the proposed alternative.

The Tenderer may also propose alternative improved performance parameters.

3.9.4 If a Tenderer needs to make a deviation to the Tender Documents during

submission of the Technical Proposal, such deviation shall be listed as a technical

or legal deviation in Volume C Returnable Form C14. No pricing information shall

be included in Volume C Returnable Form C14. Similarly, if a Tenderer needs to

make a deviation to the Tender Documents during submission of the Financial

Proposal, such deviation shall be listed as a priced deviation in Volume D

Returnable Form D4. Also, all deviations provided in Volume C Returnable Form

C14 shall also be included in Volume D Returnable Form D4 with the exception

that the Tenderer shall now provide the reduction or additional price, if any, for the

respective deviation(s).

3.9.5 The Tenderer is at liberty to provide comments to the Specification or annex extra

details and conditions as it may consider desirable, provided that it draws attention

to these extra details and conditions Volume C Returnable Form C17. All

information provided in Volume C Returnable Form C17 is considered “for

information only” and will not be binding on either NamPower or the Tenderer.

3.9.6 Likewise, if the Tenderer has any doubt to the meaning of any portion of the Tender

Documents which it was unable to resolve though the clarification process

described in sections 2.2 or 2.4 prior to finalising its Tender Submission; it shall set

out the interpretation on which it relies in its covering letter.

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3.9.7 NamPower may, in its sole discretion, admit or reject deviations when assessing

Tenders.

3.10 Submission of Completed Tender

3.10.1 The Tender shall be delivered on or before the Tender Closing Date as stated in

section 1.9.

3.10.2 The Tenders shall be delivered to:

The Tender box in the entrance foyer

NamPower Centre, 15 Luther Street, Windhoek, Namibia

3.10.3 In case of large parcels, the Tender Submission must be hand-delivered to:

The Tender Administrator, 3rd Floor, Room No F3.23, NamPower Centre, 15

Luther Street, Windhoek, Namibia

3.10.4 NamPower will not accept any faxed or e-mailed submissions. NamPower does not

accept responsibility for couriered or hand-delivered Tender Submissions that arrive

late. As a rule, late Tenders will not be accepted by NamPower.

3.10.5 Any Tender Submission received by NamPower that does not conform to all of the

above conditions may, at the sole discretion of NamPower, be rejected.

3.10.6 The Tenderer shall seal the Tender in envelopes/boxes, and each envelope/box

shall be labelled as follows:

NPWR/2015/06: TENDER FOR THE SUPPLY OF GROUND MEASUREMENT

STATIONS AND SERVICES FOR A CSP ROAD MAP AND THE

ESTABLISHMENT OF COMMERCIAL CSP PLANTS IN NAMIBIA.

3.10.7 All envelopes/boxes shall also clearly state the name and address of the Tenderer

(and in the event that the Tenderer is a consortium or joint venture, the name of

each member of the consortium or joint venture and the address of the members)

so that the Tender can be returned unopened in case it is declared “late”.

3.10.8 If the envelopes/boxes are not sealed and marked as required by this section,

NamPower will assume no responsibility for the Tender’s misplacement or

premature opening.

3.10.9 The Tenderer is fully responsible for the safe and timely delivery of the Tender.

3.10.10 NamPower reserves the right to extend the Tender Closing Date for receipt of the

Tender Submissions by giving notice in writing (emailed) to the Tenderers at least

seven (7) days prior to the Tender Closing Date.

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3.10.11 Any Tender Submission which is received after the Tender Closing Date and time

will not be considered by NamPower for evaluation and will be returned unopened.

3.11 Tender Validity Period

3.11.1 To allow sufficient time for evaluation of the Tender Submissions and pre-contract

negotiations, Tender Submissions shall be valid for a period of six (6) months from

the Tender Closing Date of Stage one: Submission of Technical Proposal. The

Tender amount shall remain valid until the end of the Tender Validity Period.

3.11.2 Prior to the expiry of the Tender Validity Period, NamPower may by written notice

request the Tenderer(s) to extend the Tender Validity Period. The Tenderer may

either accept or refuse the request, but in accepting the request shall not modify its

Tender other than by extending its validity. Should the Tenderer accept

NamPower's request it shall extend the term of its Tender Bond to cover, in full, the

agreed revised Tender Validity Period.

3.12 Tender Bond

3.12.1 Included with the Financial Proposal, each Tenderer shall provide to NamPower a

single Tender Bond for an amount equal to NAD 500,000 (five hundred thousand

Namibian dollars)

3.12.2 The Tender Bond shall be:

(a) issued in English;

(b) an unconditional and irrevocable bank guarantee in material compliance with

the Form of Tender Bond set out in Volume D Returnable Form D5;

(c) lodged with NamPower on or before the Closing Time and Date for the Financial

Proposal (in the event of failure to provide such Tender Bond within the time

allowed, NamPower at its sole discretion may terminate such Tenderer's right to

participate in the Tender Process);

(d) issued by a commercial bank registered in Namibia and from its main operating

premises in Windhoek, Namibia, or by a first class international bank with a

branch or agency bank in Windhoek, Namibia so that the Tender Bond is

capable of being drawn in Namibia;

(e) be valid and effective for the period from the date of its issue until the earlier of

the expiry of the Tender Validity Period. The Tender Bond shall remain valid

during that period notwithstanding the Tenderer's insolvency, winding-up,

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liquidation, judicial management, dissolution or deregistration, whether

provisionally or finally.

3.12.3 Failure of a Tenderer to provide a Tender Bond according to the requirements

stipulated above may lead to disqualification of the Tender Submission.

3.12.4 The procedure and reasons for which NamPower may call on the Tender Bond are

stipulated in Volume D Returnable Form D5.

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SECTION 4

TENDER OPENING AND TENDER EVALUATION

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4 TENDER OPENING AND TENDER EVALUATION

4.1 Tender Opening

4.1.1 The opening of Tender Submissions will commence by NamPower at 12h00 or

shortly thereafter on the respective Tender Closing Dates at NamPower’s Head

Office, 15th Luther Street, Windhoek.

4.1.2 The Tender Opening will NOT be a public opening and therefore only NamPower

officials will be present at the opening.

4.2 Confidentiality of Evaluation and Efforts to Influence

4.2.1 After the opening of the Tender Submission documents, information relating to the

examination, clarification, evaluation, comparison and ranking of Tenders and

recommendations concerning the award of the Contract will not be disclosed to

Tenderers or other persons not officially concerned with such process. Information

deemed to be confidential by NamPower will not be disclosed at any time.

4.2.2 Any effort by a Tenderer to influence NamPower or consultants appointed by

NamPower from time to time for the process of examination, clarification,

evaluation, comparison and scoring of Tenders and in decisions concerning the

award of Contract may, in the sole discretion of NamPower, result in the rejection of

that Tender.

4.3 Clarification of Tender Submission

4.3.1 To assist in the examination, comparison and scoring of each Tender, NamPower

may ask Tenderers for clarification of their Tender Submissions. The request for

clarification and the response shall be by email. Tenderers may also be asked to

attend post-Tender clarification meetings, upon reasonable notice by NamPower. In

any event, all Tenderer's costs and expenses relating to examination and

clarification of its Tender Submission shall be borne by the Tenderer.

4.4 Determination of Responsiveness of Tender

4.4.1 After the opening of each Tender Submission, but not necessarily at the Tender

opening, NamPower will determine whether each Tender Submission is

substantially responsive to the requirements of the Tender Documents. A

substantially responsive Tender Submission meets the following requirements:

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(a) All the minimum responsiveness criteria (see Volume C Returnable Form C3)

have been adhered to;

(b) All documentation has been provided in sufficient detail to allow a detailed

evaluation and

(c) Tender Submission conforms to all the terms, conditions and specifications of

the Tender Documents without material deviation. Any and all deviations must

be declared and presented in accordance with section 3.9.

4.4.2 Any Tender Submission that does not meet minimum acceptable standards of

completeness, consistency and detail may, at NamPower's sole discretion, be

rejected as non-responsive.

4.4.3 NamPower may, in its sole discretion, waive any deviation which it considers being

a minor non-conformity or irregularity in a Tender Submission and which does not

constitute a material deviation, provided that the waiver does not prejudice or affect

the relative ranking order of any Tender Submission.

4.5 Correction of Errors

4.5.1 Each Tender which is not rejected by NamPower for non-responsiveness pursuant

to section 4.4 will be checked for any material errors in computation.

4.5.2 Arithmetical errors found may be clarified by NamPower with the relevant Tenderer

and where there is a discrepancy between amounts in figures and in words, the

amount in words will govern.

4.6 Legal Evaluation of Tender

4.6.1 NamPower will review all documents submitted pursuant to sections 3.5, 3.6 and

3.7 for completeness, and may run a background check on all Tenderers.

NamPower will conduct a legal evaluation of the Tender, including a review of any

deviations submitted by the Tenderer to the Contract Agreement. Any material

deviation which forms part of the Contract Agreement may result in the

disqualification of a Tenderer.

4.7 Evaluation of the Technical Proposal

4.7.1 NamPower will carry out a detailed evaluation of each Tender Submission not

rejected by NamPower as being non-responsive pursuant to section 4.4 for

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technical compliance. The following aspects of each responsive Tender Submission

will be evaluated and scored:

(a) Corporate and administrative information and financial strength of the Tenderer,

which comprises the financial strength of the Tenderer and the company

providing the Parent Company Guarantee (if any);

(b) Technical capability of the Tenderer which comprises compliance to the

Specification;

(c) Delivery capability of Tenderer which comprises the Tenderer’s ability and

resources, demonstrated to meet project deadlines and schedules; and

(d) Previous experience of the Tenderer in similar projects; which requires the

Tenderer to provide information on similar reference projects on Volume C

Returnable Form C9.

4.7.2 NamPower will be entitled to allocate points for each of the above evaluation criteria

in any manner it sees fit. By participating in this Tender, the Tenderer hereby

acknowledges and agrees to the evaluation and scoring criteria stipulated in these

Tender Documents

4.7.3 The minimum qualifying score for a Tender Submission to pass the detailed

technical evaluation is 85%. Only Tender Submissions that achieve the minimum

qualifying on the detailed technical evaluation will be evaluated further.

4.8 Evaluation of Financial Proposal and NEEEP Information

4.8.1 NamPower will evaluate the Financial Proposal of each Tenderer Submission which

passes the detailed technical evaluation. The final evaluation process shall include

the following:

(a) Evaluation and scoring of the prices submitted in the Price Schedules, Volume

D Returnable Form D1 based on the Technical Proposal which was submitted;

(b) Evaluation and scoring of the NEEEP content based upon the principles

outlined in the NEEEP score table (see Table 2) and the NEEEP information

submitted by the Tenderer in Volume D Returnable Form D2;

(c) In addition to the prices/rates indicated in Price Schedules and the priced

deviations submitted under Volume D Returnable Form D1, NamPower will

take into account, during the evaluation process the cost of all quantifiable

deviations and omissions which NamPower deems to have been excluded from

the Tender Submission to determine the evaluated Tender price. Any

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adjustments in price that may result from the above procedures shall be added,

for purposes of comparative evaluation only, to arrive at an evaluated Tender

price. Tender prices quoted by Tenderers shall remain unaltered.

4.8.2 By participating in this Tender, the Tenderer hereby acknowledges and agrees to

the evaluation and scoring criteria stipulated in these Tender Documents.

4.8.3 The NEEEP content of the Tender Submission will be evaluated according to the

score card provided in Table 2 below.

Table 2: NEEEP score table

Ownership and Namibian Registration

20

100

Where:

Shareholding or Ownership by Previously

Disadvantaged Namibian (PDN) is

≤ 15% shares 2

> 15% and ≤25% shares 8

> 25% and ≤ 50% shares 10

> 50% shares 14

Where:

Shareholding or Ownership by Women /

Disabled person is

≤ 25% shares 2

> 25% and ≤ 50% shares 4

> 50% shares 6

Management Control and Employment Equity

Where:

The combined board and top management

structure filled by PDNs is

< 50% 0

20

= 50% 10

> 50% and ≤ 60% 12

> 60% and ≤ 70% 14

> 70% and ≤ 80% 16

> 80% and ≤ 90% 18

> 90% and ≤ 100% 20

Human Resources and Skills Development

Where:

A % of gross wages (including VET levy) spent

on training is

< 1% 0

20

= 1% 10

> 1% and ≤1.2% 12

> 1.2% and ≤1.4% 14

> 1.4% and ≤1.6% 16

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> 1.6% and ≤1.8% 18

> 1.8% and ≤2% 20

Entrepreneurship Development (Second tier

PDN supplier procurement)

Where:

The Procurement spending allocated to

businesses (e.g. mentorship programmes, joint

ventures, subcontracting) owned by PDNs is

≤10% 8

20

> 10% and ≤20% 11

> 20% and ≤30% 14

> 30% and ≤40% 17

> 40% and ≤50% 20

Community Investment

Where:

Amount donated by Tenderer (in NAD) to

community investment over past three years

divided by Full Contract Price. (Where a

Tenderer is located in a

communal/underdeveloped area employing

members of such a community, automatically

score 10 points. Scoring on communal /

underdeveloped areas will be based on a sliding

scale from most developed scoring 0 to least

developed area scoring 10 points. Additional

points are to be awarded for further community

investments up to a maximum of 20 points).

< 1% 0

20

= 1% 10

> 1% and ≤1.2% 12

> 1.2% and ≤1.4% 14

> 1.4% and ≤1.6% 16

> 1.6% and ≤1.8% 18

> 1.8% and ≤2% 20

4.8.4 The maximum points that a Tender Submission can score for the NEEEP content is

100 points.

4.8.5 First time Tenderers are required to pledge a percentage of the Contract Price as a

community investment. This pledge amount shall be indicated in the NEEEP

information submitted by the Tenderer in Volume D Returnable Form D2.

NamPower will retain an amount equivalent to the pledge as security until the

pledge is fulfilled.

4.8.6 NamPower shall deduct 10% of the Milestone Invoice amount for each Milestone

Invoice submitted by the Consultant until the amount pledged for community

development has been retained. NamPower shall return the amounted retained to

the Consultant when the Consultant provides documentary proof that the

obligations for community investment have been fulfilled and when the documentary

evidence has been confirmed by NamPower.

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4.9 Final Score of the Tender Submission

4.9.1 The final score for each Tender Submission will be determined out of 100 points

according to the combined NEEEP content score (Ns) and financial score (Fs)

using the following weighting:

(a) Financial score (Fs) = 85

(b) NEEEP content score (Ns) = 15

4.9.2 Where the financial score is calculated as follows:

85 1

Where: Fs = the points scored for price for the Tender under consideration,

Ft = the dollar value of the Tender under consideration, and

Fmin = the dollar value of the lowest acceptable Tender Submission.

4.9.3 Based on the final score, Tenderers will be ranked and shortlisted.

4.10 Discussions with Shortlisted Tenderers

4.10.1 After scoring, ranking and shortlisting (and as part of its final evaluation process),

NamPower may call finalist Tenderers for meetings to discuss the Tender and any

deviations and / or clarifications to the Financial Proposal.

4.10.2 During the discussions with the shortlisted Tenderers, NamPower and the Tenderer

will address the deviations indicated by the Tenderer to the Contract data and

amendments (See Volume A2) and will finalise the Contract Agreement (Volume C

Returnable Form C10) and Particular Conditions and Schedule of Amendments

(Volume A Returnable Form A2).

Each Tenderer shall be solely responsible for its costs and expenses relating to

such discussions. All meetings related to this Tender will be held at the NamPower

head office in Windhoek.

4.11 NamPower’s Right to accept or reject any or all Tenders

4.11.1 NamPower does not bind itself to accept the Tender with the lowest price, nor will

NamPower be responsible for, or pay for, any expenses incurred of any Tenderer.

4.11.2 NamPower is not bound to give any reason for acceptance or rejection of Tenders.

The decision of NamPower is final and binding and no correspondence shall be

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entered into with the Tenderers. NamPower shall have no liability to the Tenderers,

whether or not successful.

4.11.3 No Tender shall be considered to have been accepted unless such acceptance is

notified to the Tenderer in writing by NamPower.

4.11.4 Deviations which are accepted by NamPower will form part of the Contract

Agreement.

4.11.5 NamPower may suspend or terminate the tendering process at any time and shall

have no liability to the Tenderers arising from or connected to any such suspension

or termination.

4.12 Notification of Award

4.12.1 Prior to the expiration of the Tender Validity Period, or the extended Tender Validity

Period, as the case may be, NamPower will notify the successful Tenderer(s) in

writing by email that their Tender(s) has/have been accepted.

4.12.2 Following notification to the successful Tenderers, NamPower will promptly notify

the unsuccessful Tenderers and will discharge the Tender Bonds of the

unsuccessful Tenderers.

4.13 Signing the Contract Agreement

4.13.1 At the same time as NamPower notifies the successful Tenderer, NamPower will

send the Tenderer the Contract Agreement provided in the Tender Documents,

incorporating all agreements between the parties.

4.13.2 Within seven (7) days of receipt of the Contract Agreement, the successful

Tenderer(s) shall sign and date the Contract Agreement and return it to NamPower.

The execution of the Contract Agreement will constitute the formation of the

Contract.

4.13.3 The form of Contract Agreement is set out in Volume C Returnable Form C10.

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SECTION 5

LEGISLATION

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5 LEGISLATION

5.1 Compliance with Laws, Regulations, Licences and Permits

5.1.1 The Tenderer shall comply with all relevant laws, rules, regulations, approvals,

licences, permits, local ordinances applicable to Namibia during the Scope of

Services.

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NPWR/2015/06

TENDER FOR THE SUPPLY OF GROUND

MEASUREMENT STATIONS AND SERVICES FOR A

CSP ROAD MAP AND THE ESTABLISHMENT OF

COMMERCIAL CSP PLANTS IN NAMIBIA

Volume A2

Particular Conditions and Schedule of

Amendments

COPYRIGHT © NAMPOWER (PTY) Ltd

ALL RIGHTS RESERVED, NO PART OF THIS WORK MAY BE MODIFIED OR REPRODUCED OR

COPIES IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING

PHOTOCOPYING, RECORDING, TAPING OR INFORMATION AND RETRIEVAL SYSTEM, OR USED

FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN

PERMISSION OF NAMPOWER (PTY) LIMITED

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CONTENTS

CONTENTS .......................................................................................................................................... 3 

1.  CONDITIONS OF CONTRACT ............................................................................................ 4 

2.  PARTICULAR CONDITIONS .............................................................................................. 4 

3.  SCHEDULE OF AMENDMENTS TO THE GENERAL CONDITIONS ................................. 6 

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1. CONDITIONS OF CONTRACT

The Conditions of Contract comprise the General Conditions, which form part of the

”Client/Consultant Model Services Agreement 4th Ed (2006)" published by the International

Federation of Consulting Engineers (FIDIC), and the following Particular Conditions and

Schedule of Amendments to the General Conditions.

2. PARTICULAR CONDITIONS

The following particular conditions and schedule of amendments to the General Conditions

together are to be read together with and integrated with the General Conditions to reflect the

Conditions of Contract between the Client and the Consultant.

SUB-

CLAUSE*

SUBJECT DATA

1.1 Definitions

1.1.2 Project TENDER FOR THE SUPPLY OF GROUND

MEASUREMENT STATIONS AND SERVICES FOR A

CSP ROAD MAP AND THE ESTABLISHMENT OF

COMMERCIAL CSP PLANTS IN NAMIBIA

Tender No.: NPWR/2015/06

1.1.10 Commenceme

nt Date

Date stated in the Notice to Commence

1.1.11 Time for

Completion

Period for completion is 5 years from the

Commencement Date.

1.3.1 Language for

Communicatio

ns

English

1.4.1 Language of

the

Agreement:

English

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Ruling

language

English

Governing

Law

Laws of the Republic of Namibia

1.8.1 Notices

Client’s

address:

[●]

Email: [●]

Telephone

number:

[●]

Facsimile

number:

[●]

Consultant’s

address:

[●]

Email: [●]

Telephone

number:

[●]

Facsimile

number:

[●]

5.2.2 Agreed

Compensation

Rate

5 percent per annum

6.2.1 Duration of

Liability

3 years from the date of the cause of action arose or the

claiming Party became aware or ought to have become

aware of such cause of action.

6.3.1 Limit of

Compensation

3 times the total of the Contract Sum

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8.2.1 Named

Mediator

Professional Arbitration and Mediation Association of

Namibia (PAMAN)

8.2.3 Mediation

Procedures

The procedures to be followed are those of PAMAN.

8.3.2 Rules of

Arbitration

Arbitration Foundation of Southern Africa (AFSA)

*References from Clauses in the General Conditions

3. SCHEDULE OF AMENDMENTS TO THE GENERAL CONDITIONS

The following particular conditions and schedule of amendments to the General Conditions

together are to be read together with and integrated with the General Conditions to reflect the

Conditions of Contract between the Client and the Consultant.

CLAUSE

*

TITLE AMENDMENT

1.1 Definitions

1.1.1 Agreement Delete the contents herein and replace with:

“”Agreement” means the Contract Agreement, the

Conditions of the Client/Consultant Model Services

Agreement comprising the Schedule of Amendments to the

General Conditions, Particular Conditions and the General

Conditions construed together and collectively defined as

the “Conditions of Contract”, together with the Appendix 1

[Scope of Services], Appendix 3 [Remuneration and

Payment], Appendix 4 [Time Schedule for Services].”

1.1.5 Country Delete “the country to which the Project (or most of it)

relates”, and replace with:

“the Republic of Namibia”

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1.1.7 Client Delete “Party named in the” and replace with:

“Namibia Power Corporation (Pty) Ltd, as further defined in

the Contract”

1.1.8 Consultant Delete “the professional firm or individual named in the” and

replace with:

“[●], as further defined in the Contract”

1.1.16 New

Definition:

“Contract

Agreement”

Insert new definition:

““Contract Agreement” means the executed agreement

forming the contract between the Parties after issue of the

Letter of Acceptance, and detailing the documents forming

the complete contract.”

1.1.17 New

Definition:

“Contract

Sum”

Insert new definition:

“Contract Sum” means the total amount inclusive of

disbursements, duties and taxes but exclusive of Value

Added Tax (VAT) for the rendering of Services as per the

Consultant’s Financial Proposal contained in the Tender

Submission.”

1.1.18 New

Definition:

“Letter of

Acceptance”

Insert new definition:

““Letter of Acceptance” means the letter from the Client

addressed to the Consultant wherein the Client subject to

the execution of the Contract Agreement, formally accepts

the Consultant’s Tender Submission as revised and

amplified by any clarifications post submission of all

proposals and minutes of negotiations resulting in the

award of contract to the Consultant, together with any

conditions precedent to be satisfied by the Consultant to

enable the Client to issue the Notice to Commence.”

1.1.19 New

Definition:

“Notice to

Insert new definition:

““Notice to Commence” means the letter issued by the

Client to the Consultant authorising the commencement of

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Commence” Services and which letter is the formal record of the

Commencement Date.”

1.1.20 New

Definition:

“Milestone

Invoice”

Insert new definition:

““Milestone Invoice” means a due and payable invoice

submitted by the Consultant to the Client for payment upon

completion of a consecutive milestone according to the

agreed schedule for milestone deliverables contemplated

by the Services. Such invoice shall be itemised in detail in

respect of activities completed, man-hours utilised and

disbursements incurred in the execution of the Services

together with legible copies for the Client of such

disbursements, the detail in respect of the Consultant’s

personnel and sub-consultants (if any) utilised and the

applicable tariffs, as well as the detail in respect of the

deliverables completed for the respective Milestone invoice.

Milestone Invoices must be issued consecutively as per the

agreed schedule unless otherwise agreed by the Parties.

For purposes herein, a deliverable in terms of the Scope of

Services is defined without limitation as the final or interim

document, model or presentation (as the case may be) as

reviewed and commented upon by the Client, and which

review and/or comments require changes and/or

amendments to be incorporated in the deliverable to

constitute a valid milestone deliverable.”

1.2 Interpretation

1.2.3 Delete the second sentence “If there is…….Particular

Conditions”, and replace with the following:

“For the purposes of interpretation, the priority of the

documents will be in the sequence stated in the Contract

Agreement, with the Contract Agreement itself to take the

highest priority.”

1.2.5 Insert after the words “or agreement” the words “or

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consent”, and insert after the word “agreement” the words

“or consent”.

1.6 Assignments and Sub-Contracts

1.6.3 Add the following sentence at the end of the first sentence:

“The Consultant shall not terminate any sub-contract or sub-

consultant presented to the Client as part of its Tender

Submission and upon which basis the Client evaluated,

negotiated and awarded the contract to the Consultant.”

1.7 Copyright

1.7.1 The entire Sub-Clause herein is to be deleted and replaced

with the following:

“The Client shall retain the design rights and other

intellectual property rights and copyright on all documents

or models prepared by the Consultant. The Client shall be

entitled to use such documents or models in any manner or

for any purpose he may deem fit. The Client shall not be

liable for any royalty and/or licence payments in respect of

the design rights and other intellectual property rights and

copyright in respect of such documents or models prepared

by the Consultant.”

1.9 Publication

1.9.1 The entire Sub-Clause herein is to be deleted and replaced

with the following:

“During the execution of the Services, the Consultant may

only publish that information which is required for the public

domain for the purposes of the Services provided and

information that already exists in such public domain. The

Consultant may publish any non-confidential material

relating to the Services or the Project in the public domain

after the Time for Completion or termination of the

Agreement solely for the intent of marketing itself or in

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furtherance of its business activities or as required by a

regulatory authority. The Client’s consent shall be obtained

by the Consultant to publish any confidential material

relating to the Services at any time prior to or after the Time

for Completion or termination of the Agreement, or during

the Project execution, and which consent shall not be

unreasonably withheld.”

1.11 Insert new Sub-Clause 1.11:

Severability If and to the extent any of the provisions of this Agreement is

void or unenforceable under the laws governing this

Agreement, the Parties agree that such void or

unenforceable provision shall not affect the remainder of the

Agreement and that such void or unenforceable provision

shall be replaced by one that as closely as possible reflects

the commercial intent of the Parties as expressed in such

void or unenforceable provision.”

1.12 New Sub-Clause: Insert new sub-clause 1.12:

Entire

Agreement

This Agreement contains the entire agreement between the

Parties, to the exclusion of any terms that may be implied by

law which may be excluded by contract, and supersedes any

and all written and oral agreements, proposals, negotiations,

understandings and representations relating to or connected

with the subject matter of this Agreement made or date prior

to the date hereof

1.13 New Sub-Clause: Insert new sub-clause 1.13:

Amendments Any amendments to this Agreement (including the

requirement of amendments having to be in writing) to be

valid shall be required to be made in writing and duly signed

by the authorised representative of both Parties.

1.14 New Sub-Clause: Insert new sub-clause 1.14:

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Waiver It is understood and agreed that any delay, waiver or

omission by a Party to exercise any right or power arising

from any breach or default by the other Party in any of the

terms, provisions or covenants of this Agreement shall not

be construed to be a waiver by the first Party of any such

breach or default and subsequent breach or default of the

same or other terms, provisions or covenants on the part of

the other Party

1.15 New Sub-Clause: Insert new sub-clause 1.15:

Survival All provisions of this Agreement which are expressly or by

implication to come into or continue in force and effect after

the expiration or termination of this Agreement shall remain

in effect and be enforceable following such expiration or

termination, subject to the applicable statute of limitation.

1.16 New Sub-Clause: Insert new sub-clause 1.16:

Own Costs Each Party shall bear its own costs incurred in connection

with the negotiation, drafting and execution of this

Agreement.

1.17 New Sub-Clause: Insert new sub-clause 1.17:

No Third Party

Rights

“This Agreement and all rights hereunder are intended for

the sole benefit of the Parties and shall not imply or create

any rights on the part of, or obligations to, any other person.”

2.3 Assistance

2.3.1 Delete sub-paragraphs (c), (d) and (e).

2.4 Client’s Financial Arrangements

2.4.1 This entire Sub-Clause is deleted and inapplicable.

2.5 Equipment and Facilities

2.5.1 This entire Sub-Clause is deleted and inapplicable.

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2.6 Supply of Client’s Personnel

2.6.1 This entire Sub-Clause is deleted and inapplicable.

2.6.2 This entire Sub-Clause is deleted and inapplicable.

2.6.3 This entire Sub-Clause is deleted and inapplicable.

2.8 Service of Others

2.8.1 This entire Sub-Clause is deleted and inapplicable.

3.3 Duty of Care and Exercise of Authority

3.3.2 This entire Sub-Clause is deleted and inapplicable.

3.5 Supply of Personnel

3.5.1 Add the following sentence at the end of the first sentence:

“The Client shall not be charged remuneration or

disbursements incurred by junior personnel of the Consultant

acquiring on-the-job training or skills development.”

3.7 Changes in Personnel

3.7.1 Add the following paragraph at the end of the first

paragraph:

“The Consultant shall obtain the Client’s consent to the

proposed replacement of its personnel and provide a

reasonable explanation for such replacement. The

Consultant shall not charge the Client any remuneration or

disbursements for time spent by the replacement personnel

in familiarizing and reviewing the work performed till date of

replacement.”

4.1 Agreement Effective

4.1.1 Replace the words “letter of acceptance” with “Letter of

Acceptance”, and replace the word “proposal” with “Tender

Submission”. After the word “formal” insert “Contract”.

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4.3 Variations

4.3.3 Add the following paragraph at the end of the first

paragraph:

“The Parties shall agree a schedule of remuneration for all

the Consultant’s personnel to be involved in the provision of

the Services, together with a rate of escalation (if

applicable) should the Agreement extend for one year from

the Time for Completion. The schedule of remuneration

shall also be applicable to Additional or Exceptional

Services beyond the Scope of Services.”

4.6 Abandonment, Suspension or Termination

4.6.3 Sub-Clause (a) herein shall be amended to delete the “28

days” and replaced with “30 days”.

5.1 Payment to Consultants

5.1.3 After the first occurrence of the word “sub-consultants”

insert:

“or the Consultant contracts sub-consultants as he may

require from time to time with the consent of the Client”.

At the end of the sentence add the following sentence:

“The Client shall not be directly liable to any sub-

consultants for any fees or disbursements, and shall only

be liable for Milestone Invoices issued by the Consultant.”

5.2 Time for Payment

5.2.1 After the word “due” insert “ and payable”

Replace “28” with “30”

Delete the word “invoice” and replace with “Milestone

Invoice received by the Client”

5.2.2 Delete the contents herein and replace with the following:

“If the Consultant does not receive payment within the time

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stated in Clause 5.2.1 he shall be paid an additional 5%

simple interest (calculated annually) on the amount of the

Milestone Invoice not paid.”

5.3 Currencies of Payment

5.3.1 The entire Sub Clause herein is to be deleted and replaced

with the following:

The currency applicable to the Agreement is Namibian

dollars.

5.7 Retention

5.7.1 Insert new sub-clause 5.7.1:

“The Client shall deduct 10% of the Milestone invoice for

each Milestone Invoice submitted by the Consultant until the

amount pledged for community development has been

retained. The Client shall return the amounted retained to

the Consultant when the Consultant provides documentary

proof that the obligations for community investment have

been fulfilled and when the documentary evidence has been

confirmed by NamPower.”

6.1 Liability and Compensation between the Parties

6.1.1 The entire Sub Clause herein is to be deleted and replaced

with the following:

“The Consultant shall be liable to pay compensation to the

Client arising out of or in connection with the Agreement if a

breach of Clause 3.3.1 is established against him or his

sub-consultants. If the Client has to contract a third party to

execute or finalize a deliverable (as defined in Sub-Clause

1.1.20) not delivered within the contracted time of the

respective Milestone Invoice or the Time Schedule for

Services, or to perform an obligation of the Consultant in

terms of the Scope of Services due to the failure of the

Consultant to rectify its breach, then the Consultant shall

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reimburse the Client for the full costs of contracting such

third party provided that the Consultant shall be entitled to

rectify its breach by contracting a third party at his expense

to perform such obligation. The Client shall be entitled to

deduct the full costs of such third party from any amount

due to the Consultant under this Agreement, and shall

account to the Consultant accordingly.”

6.1.3(c) Delete the contents of sub-paragraph (c) and replace with

the following:

“The Consultant and his sub-consultants shall be jointly and

severally liable to the Client, and the Consultant shall bear

total liability for all actions or omissions of his sub-

consultants.”

6.4 Indemnity

6.4.1 Replace the word “Client” with “Consultant”, and replace the

word “Consultant” with “Client”.

8.1 Amicable Dispute Resolution

8.1.1 Delete the contents herein and replace with the following:

“Any disputes (whether formally declared or not) arising out

of or in connection with the Agreement shall be settled

through amicable discussion between the Chief Executive

Officers or their delegates of the respective Parties, and

which discussion must take place within seven (7) working

days of either Party declaring a dispute in terms of this

Agreement. If the dispute is not resolved at such meeting

then within five (5) working days of such meeting, the

Parties shall agree upon a neutral mediator and attempt to

resolve their dispute by mediation in accordance with

Clause 8.2.”

8.2 Mediation

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8.2.1 Replace the word “FIDIC” with “the Law Society of Namibia”

8.4 New Sub-

Clause:

“Performance

to Continue”

Insert new sub-clause 8.4:

“Performance of this Agreement shall continue during

negotiations of any dispute (whether formally declared or

not), mediation or arbitration proceedings and during any

litigation relating to the enforcement of arbitral judgements.

For the avoidance of any doubt, the dispute shall not

prevent either party from performing its obligations in terms

of the Agreement and the specific issue(s) in dispute shall

be narrowly interpreted to enable all other performance

(including where possible related obligations) to continue,

however the Party claiming the dispute shall not be forced

to perform the disputed obligation.”

8.5 New Sub-

Clause:

“Survival”

Insert new Sub-Clause 8.5:

“The provisions of this Clause 8: Disputes and Arbitration

shall survive the expiration or earlier termination of this

Agreement.”

*References from Clauses in the General Conditions

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NPWR/2015/06

TENDER FOR THE SUPPLY OF GROUND

MEASUREMENT STATIONS AND SERVICES FOR A

CSP ROAD MAP AND THE ESTABLISHMENT OF

COMMERCIAL CSP PLANTS IN NAMIBIA

Volume B1

Specification for Solar Resource

Measurement

COPYRIGHT © NAMPOWER (PTY) Ltd

ALL RIGHTS RESERVED, NO PART OF THIS WORK MAY BE MODIFIED OR REPRODUCED OR

COPIES IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING

PHOTOCOPYING, RECORDING, TAPING OR INFORMATION AND RETRIEVAL SYSTEM, OR USED

FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN

PERMISSION OF NAMPOWER (PTY) LIMITED

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CONTENTS

CONTENTS .......................................................................................................................................... 3 

LIST OF TABLES ................................................................................................................................. 4 

1.  GLOSSARY ......................................................................................................................... 5 

2.  PREAMBLE ......................................................................................................................... 5 

3.  SCOPE OF SERVICES ....................................................................................................... 5 

4.  ORDER OF PRECEDENCE ................................................................................................ 6 

5.  CODES AND STANDARDS ................................................................................................ 6 

6.  TECHNICAL DEVIATIONS .................................................................................................. 7 

7.  LOCATION OF MEASUREMENT SITES ............................................................................ 7 

8.  TECHNICAL REQUIREMENTS FOR GROUND MEASUREMENT EQUIPMENT ............... 8 

8.1  GROUND MEASUREMENT EQUIPMENT ....................................................................................... 8 

8.2  GROUND MEASUREMENT SENSORS .......................................................................................... 8 

8.2.1  Solar irradiance measurements ..................................................................................... 8 

8.2.2  General weather measurements ................................................................................... 9 

8.3  DATA ACQUISITION DEVICES .................................................................................................. 10 

8.4  DATA COMMUNICATION ......................................................................................................... 11 

8.5  INSTALLATION AND ANCILLARIES ............................................................................................ 11 

8.5.1  Electrical installations .................................................................................................. 11 

8.5.2  Accessibility ................................................................................................................. 11 

8.5.3  Power Supply .............................................................................................................. 11 

8.5.4  Ground and shielding .................................................................................................. 12 

8.5.5  Electro-Magnetic Interference ..................................................................................... 13 

8.5.6  Security and fencing .................................................................................................... 13 

8.5.7  Rodent proofing ........................................................................................................... 13 

8.5.8  Enclosures .................................................................................................................. 14 

8.6  SPARES AND SPARE KEEPING ................................................................................................ 14 

8.7  TESTING AND COMMISSIONING .............................................................................................. 14 

8.8  OPERATIONS AND MAINTENANCE SERVICES ........................................................................... 14 

9.  TECHNICAL REQUIREMENTS FOR DATA ..................................................................... 15 

9.1  DATA PROCESSING AND CLEANING ......................................................................................... 15 

9.2  DATA ACCURACY REQUIREMENTS .......................................................................................... 16 

9.3  MONTHLY PROGRESS REPORTING ......................................................................................... 17 

9.4  DATA REPORTING ................................................................................................................ 17 

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9.4.1  Long term annual values ............................................................................................. 17 

9.4.2  Full time series data .................................................................................................... 18 

9.4.3  Typical Meteorological Year ........................................................................................ 18 

9.4.4  DNI Map ...................................................................................................................... 19 

9.5  ANNUAL REPORTS ................................................................................................................ 19 

10.  WARRANTY ...................................................................................................................... 20 

11.  PROJECT MANAGEMENT ............................................................................................... 20 

11.1  PROJECT SCHEDULE ............................................................................................................ 20 

11.2  DOCUMENTATION REQUIREMENTS ......................................................................................... 21 

11.3  DATA FORMATS AND DELIVERY OPTIONS ................................................................................. 21 

11.4  REVIEW AND APPROVAL OF DOCUMENTATION .......................................................................... 21 

12.  INVOICING AND PAYMENT ............................................................................................. 21 

13.  DELIVERY ......................................................................................................................... 22 

14.  LOCAL CONTENT ............................................................................................................ 22 

15.  DOCUMENTATION TO BE SUBMITTED WITH THE TENDER ........................................ 22 

16.  DOCUMENTATION TO BE SUBMITTED AFTER TENDER AWARD ............................... 23 

17.  END-OF-JOB REQUIREMENTS ....................................................................................... 23 

18.  LICENSING ....................................................................................................................... 24 

19.  VALUE ENGINEERING ..................................................................................................... 24 

LIST OF TABLES

Table 1: DNI, GHI, GHI and GTI Measurements ...................................................................... 8 

Table 2: General weather measurements ................................................................................ 9 

Table 3: Achievable uncertainty and confidence levels .......................................................... 16 

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1. GLOSSARY

DHI Diffuse Horizontal Irradiance

DNI Direct Normal Irradiance

GHI Global horizontal Irradiance

PV Photovoltaic

TMY Typical meteorological year

2. PREAMBLE

The following specification forms part of the Tender Documents for the procurement of the

equipment and services to measure the solar resources for establishment of commercial

CSP plants in Namibia. This specification is envisaged as the minimum requirements for the

services and equipment which will be procured under this specification.

3. SCOPE OF SERVICES

Each site indicated in section 7 will be provided with a high precision ground measurement

and data acquisition system for unattended and remote operation for a period of five (5)

years. The Scope of Services for these five (5) years shall include:

design, manufacture, transportation, erection, commissioning, calibration and testing

of the equipment required for three (3) ground measuring stations

operation and maintenance of the ground measuring stations

collection, cleaning, processing of ground data and the integration/extrapolation of

ground measurement data with satellite data

reporting and documentation of measured and processed data

end-of-job documentation

End-of-job documentation and training will also be provided by the Consultant to NamPower

at the end of testing and commissioning of the ground measurement station.

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4. ORDER OF PRECEDENCE

The order of precedence for this Specification is as follows:

(a) this Specification, then

(b) ISO 9060: Solar energy – Specification and classification of instruments for

measuring hemispherical solar and direct solar radiation

(c) ISO 9901: Solar energy – Field pyranometers – recommended practise for use

5. CODES AND STANDARDS

The equipment and services provided under this specification shall be designed,

manufactured, erected, commissioned, calibrated and tested according to this Specification

and codes and standards referenced herein and shall meet the requirements of all local

legislation and regulations.

Equivalent codes and standards from other countries may be considered, provided that these

codes and standards are as stringent as, or more stringent than, the codes and standards

mentioned in this Specification. The Consultant shall provide the necessary evidence to

prove that the proposed codes and standards are equivalent to those required by the

Specification. In addition, the proposed codes and standards shall be submitted in the

English language for approval. It is the obligation of the Consultant to submit one copy of

each code or standard (latest version) used by the Consultant. Attention is drawn to the fact

that translations, if any, must be authenticated by a recognized standard institution (DIN,

VDE, BSI, etc.). NamPower reserves the right to refuse translations that are not of

acceptable quality.

Should the relevant codes and standards (particularly international and local standards) be in

conflict with one another; the more stringent code or standard shall prevail.

Where reference is made to a code, specification or standard, the reference shall be taken to

mean the latest edition of the code, specification or standard.

Relevant codes and standards:

SANS 10142: Part 1 The wiring of premises

IEC 61215 Crystalline silicon terrestrial photovoltaic (PV) modules - Design

qualification and type approval

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IEC 61646 Thin-film terrestrial photovoltaic (PV) modules - Design

qualification and type approval

IEC 61730 Photovoltaic (PV) module safety qualification

IEC 61400 Wind turbines

6. TECHNICAL DEVIATIONS

All technical and legal deviations to this Specification shall be provided on the Technical,

Legal and Commercial Deviations List in Volume C Returnable Form C14.

7. LOCATION OF MEASUREMENT SITES

The ground measurement stations will be located at the following locations:

Site name GPS coordinate Nearest town

Auas Site Two options:

WP49 22°35'9.36"S 17°21'44.84"E

WP54 22°35'17.44"S 17°21'48.69"E

Dorabis / Windhoek

Kokerboom site Two options:

WP00 26°25'12.00"S 18°17'11.51"E

WP05 26°25'28.30"S 18°17'11.50"E

Keetmanshoop

Arandis site TBC Arandis town

It must be noted that the following environmental extremes can be experienced at the

locations provided above:

• Operating temperature range of -30ºC to +50ºC between day and night temperatures

• Operating humidity ranges of 0 to 100 %

The Consultant shall ensure that:

there are no buildings, trees obstructing the measurement of DNI, GHI and DHI

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the location of the measurement station does not impact the wildlife habitat or

migration of animals and that there is no adverse impact on the environment or

sensitive vegetation

the measurement station is not located close to a gravel road, such that the

degradation of ground measurements due to dust can be minimised

8. TECHNICAL REQUIREMENTS FOR GROUND MEASUREMENT

EQUIPMENT

8.1 Ground measurement equipment

The Consultant shall, as a minimum, provide the following equipment for each ground

measurement station:

• the sensors required for the ground measurement station

• one data acquisition device with data logging capability

• one data communication module (which can be included in the data acquisition

device) and all required signal conditioning modules for the indicated equipment

• all general installation and ancillary requirements

8.2 Ground measurement sensors

The minimum specifications for the sensors required for the ground measurement station are

provided in Table 1 and Table 2. All measurement equipment must be accompanied by

calibration certificates from a recognised testing laboratory.

During the tendering process, Tenderers are required to submit the data sheets of all

sensors to be provided under this specification.

8.2.1 Solar irradiance measurements

The minimum specifications for solar irradiance sensors are provided below in Table 1.

Table 1: DNI, GHI, GHI and GTI Measurements

Measured value Unit Instrument

Direct Normal Irradiance

(DNI)

W/m² ISO first class pyrheliometer mounted on a solar

tracker and expected daily uncertainty of ±1%**

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Global Horizontal

Irradiance (GHI)

W/m² ISO secondary standard (thermopile)

pyranometers with expected daily uncertainty of

±2%**

Diffuse Horizontal

Irradiance (DHI)

W/m² ISO secondary standard (thermopile)

pyranometers with shading disk and expected

daily uncertainty of ±2%**

Global Tilted Irradiance

(GTI)*

W/m² ISO secondary standard (thermopile)

pyranometers with shading disk and expected

daily uncertainty of ±2%**

* tilt angle to be agreed with NamPower

** at 95% confidence levels

In terms of redundancy, the Consultant shall ensure that at all times there is an independent

measurement of DNI, GHI and GHI such that that the individual measurements can be

checked/verified by calculation.

8.2.2 General weather measurements

The minimum specifications for general weather sensors are provided in Table 2 below.

Table 2: General weather measurements

Measured value Unit Accuracy Range

Ambient Temperature

at 2 metres

°C ± 0.4°C (range: + 5 to 40°C)

± 0.9°C (range: - 40 to 70°C)

-40 to + 70°C

Relative humidity at 2

metres

% ± 2 % (range: 10 to 90 %)

± 4 % (range: 0 to 95 %)

0 to 100 %

Wind speed (including

wind gust) at 10 metres

m/s ±0.3 m/s (range: 5 to 100 m/s) 1 to 100 m/s

Wind direction °N <5° installed 0 to 360°N

Barometric pressure hPa 0.5hPa (range: -20°C to 60°C) 500 to 1100 hPa

Precipitation mm 2 % (< 50 mm/hr) 0 to 700 mm/hr,

-40°C to 70°C

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Sun Tracking (Zenith

and Azimuth angle)

deg <0.1° 0 to 180 deg and

0 to 360 deg

** at 95% confidence levels

8.3 Data acquisition devices

Data acquisition devices with data logging capability shall satisfy the following general

criteria:

• be electronic and compatible with the required sensor types, number of sensors

and parameters measured

• be capable of measuring across the full range of each measuring instrument such

that “clipping” and saturation of the output of the measuring instrument is avoided

• contribute negligible errors to the signals received from the sensors in order to

provide system accuracies as specified in Table 1 and 2. The errors shall be

quantified in terms of a calibration certificate for each logger.

• have an internal data storage capacity of at least 60 days accommodating all

specified measurement parameters at a sampling interval of 15 minutes

• offer retrievable data storage media in the form of memory cards

• operate in the environmental conditions as specified in section 7

• be capable of uploading the data via GSM communication, such that remote

monitoring of the condition of the measuring station and data capturing is possible

on a daily basis

• be capable of capturing all measurements with a time and date stamp where the

internal clock is synchronized through the GPS time synchronizing system

• be capable of setting each data channel with individually programmable slope and

offsets and allow selectable sampling rates that includes 1 Hz

• be provided with opto-electric inputs where the input signal is filtered to minimize

the impact of noise on the measured signal

• be capable of monitoring the condition of the sensors and ground measuring station

and send an alarm to the operations and maintenance staff in the event that:

o one of the sensors is no longer working or if the sensor is measuring out of

range value

o the AC power supply falls away or the battery voltage drops to a low threshold

value

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During the tendering process, the technical data sheet of the data acquisition system should

be provided to NamPower for review and evaluation.

8.4 Data communication

The data communication module shall be compliant with the following mobile

telecommunication system requirements:

GSM (minimum) at 900 MHz (minimum) or 1 800 MHz or

UMTS

GPRS (minimum) or E-GPRS

The Scope of Services includes all connection and data / call fees to the telecommunication

company for uploading of data from the ground measurement station.

During the tendering process, the Consultant shall provide a functional description of the

process to upload data as well as the data sheets of the communication system to

NamPower for review and evaluation.

8.5 Installation and ancillaries

8.5.1 Electrical installations

The installation of all equipment supplied under this specification shall comply with SANS

10142-Part1.

8.5.2 Accessibility

The design of the weather station shall be such to allow easy access for operations and

maintenance staff.

8.5.3 Power Supply

Ground measurement station in remote locations

The Consultant shall ensure that the ground measurement station has an autonomous power

supply arrangement. The power supply to the ground measurement station shall be robust

and shall have n-1 redundancy with appropriate battery back-up system. The battery back-

up system shall be capable of safely supplying the load to the ground measurement station

for a period of 48 hours. The power supply and all equipment attached thereto, shall be

specified and tested for self-power up capability in the event of a power outage.

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lf Solar PV or wind generation is specified,

• The PV modules shall be specified to IEC 61215 (mono and poly), IEC 61646 (thin

film), IEC 61730 (safety)

• Wind generators shall be specified to IEC 61400-12 (performance), IEC 61400-11

(noise), IEC 61400-22 (certification), IEC 61400-2 (safety)

The Consultant shall provide the sizing calculations, test certificates, layout and electrical

schematic drawings and data sheets of the power supply arrangement to NamPower for

review and evaluation.

Ground measurement station close to NamPower substation

The Consultant shall include a power supply arrangement whereby the ground measurement

station connects to a 400/230V circuit breaker at the NamPower substation. The Consultant

shall be responsible for the cable and the connection onto the terminals of the NamPower

circuit breaker.

The power supply arrangement shall include an uninterruptable power supply (UPS) with

battery back-up. The power supply, including the UPS and batteries, shall be overrated by

20% for all equipment to be supplied for the ground measurement station. The battery back-

up system shall be capable of safely supplying the load to the ground measurement station

for a period of 48 hours. The UPS and all equipment attached thereto, shall be specified and

tested for self-power up capability in the event of a power outage.

During the tendering process, the Consultant shall provide the sizing calculations, test

certificates, layout and electrical schematic drawings and data sheets of the power supply

arrangement to NamPower for evaluation.

8.5.4 Ground and shielding

All structures and equipment shall be protected from lighting strikes and earth fault currents

such that touch and step potentials are limited to levels below that which which is dangerous

to humans.

All structure, fences, masts, distribution boards, control panels and measurement equipment

shall be connected to the earthing system. The earthing system shall in turn either be

connected to an adjacent earthing mat (if located near a substation) or shall have its own

dedicated earth rods (which provides an overall resistance to earth of <4ohms)

As a minimum, the Consultant shall:

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ensure that all connections are single point connections thus eliminating grounding

loops

utilize twisted pair shielded cables for a measurement cables where each pair has its

own dedicated input to the data acquisition device

isolate measurement cables from all forms of electrical noise such as power cables

connect all metal structures to ground to provide an easy return path for any lighting

strikes.

The Consultant shall also ensure that the ground measurement station is installed with the

required electrical overcurrent and overvoltage protection (i.e. surge arrestors/ suppressors)

to prevent damage to ground measurement equipment from overvoltages and surges.

8.5.5 Electro-Magnetic Interference

Equipment supplied via this tender shall comply with the CE marking requirements for

electro-magnetic compatibility, or the requirements of any other acceptable agency or

standard, such as FCC. Details of the test results of emissions and immunity shall be

submitted with the Tender, as well as recommendations on how the influence of electro-

magnetic emissions of telecommunications equipment on the offered data acquisition

equipment can be eliminated or minimized. In this regard, the specification of sensor cabling

should include requirements in respect of number of cores, core diameters, core screening

and cable screening.

8.5.6 Security and fencing

If the ground measurement station is not located within a secure area, the Consultant will

provide a security fence around the ground measurement station. The security fence shall:

be a 6m fence, topped with barbed wire and locked gates

be sturdy enough to withstand the weight of a large animal which may rub against the

fence.

in no way shade the radiometer from DNI, GHI or GHI.

8.5.7 Rodent proofing

All cables and equipment shall be sufficiently protected such as to prevent damage from

rodents. All cables buried in the ground shall either be buried in conduit or shall be of the

steel wire armoured type.

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8.5.8 Enclosures

All outdoor enclosures shall be adequately protected against UV and shall as a minimum

have an ingress protection rating of IP68.

8.6 Spares and spare keeping

The Consultant shall ensure that the spares parts are available for all equipment specified

under this Scope of Services, such that the faulty equipment can be replaced within a 24

hour period from the time that the faulty equipment is detected. The Consultant shall provide

all a list of all spare parts on Volume C Returnable Form C21.

8.7 Testing and Commissioning

The Scope of Services includes the complete testing and commissioning of all equipment

installed in the ground measurement station.

Testing and commissioning shall be performed in the presence of a NamPower

representative.

As a minimum, a re-calibration/cross check of all pyrheliometer and pyranometers shall be

performed during commissioning of the ground measurement station with a traveling station

standard. A cross check in the field shall also be re-performed on an annual basis. The

testing and commissioning report shall include all sensor calibration coefficients.

During the tendering process, the Consultant shall submit the testing and commissioning

plan to NamPower for review and evaluation.

8.8 Operations and Maintenance Services

As part of the Scope of Services, the Consultant shall provide the following operations and

maintenance services for the ground measurement stations:

onsite inspection and daily cleaning of the optics of the instruments

regular inspection and testing of the battery back-up system

regular checking of the alignment of the tracking system

re-calibration of the measurement sensors every year or sooner in order to achieve

the level of uncertainty and accuracy required

documentation of the environment, infrastructure and condition of the measurement

equipment

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The Consultant shall provide with the Tender Submission the operations and maintenance

plan including:

frequency of the tests and inspections

the party (individual responsible) to perform the tests and inspections

a typical checklist of operation and maintenance tasks

9. TECHNICAL REQUIREMENTS FOR DATA

9.1 Data processing and cleaning

With regard to data processing and cleaning, the Consultant shall provide the following:

data quality screening (such as NREL SERI – QC procedures or equivalent) and

correction of poor data quality. The Consultant shall indicate which method is utilised

for data quality screening and the reason for selecting this method. As a minimum

data screening shall include:

o missing data values

o upper and lower limits of GHI, DNI and DHI

o K-value tests

o mal operation of sun tracker alignment and / or shadow band rotation (if used)

o irradiance gradient changes

o optic cleaning events

o temperature screening

o wind data screening

o barometric pressure

o humidity

o precipitation

o dew on irradiance sensors

o battery supply voltage screening

data gap filling. The Consultant shall indicate and describe the method which shall be

utilised for gap filling of data.

confirmation of data time stamping

correction of data for soiling of sensor optics. The Consultant shall indicate and

describe the method which shall be utilised for correction of data for soiling of sensor

optics.

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testing for coherence of measured DNI versus measured GHI and DHI data

improvement of DNI results by removal of extreme events (i.e. fires etc.)

enhancement of satellite data by ozone, water vapour and aerosol data

correlation and extrapolation of ground data to satellite data (10 years of satellite DNI

data is required) and correction of ground data for inter annual variability by utilising

the satellite data available. The Consultant shall indicate which method is utilised to

combine the two databases and the reason for selecting this method. The Consultant

shall also utilise two independent satellite data sets for correlation and extrapolation

of the ground data.

appropriate flagging for screening events as well as gap filling events

During the tendering process, the Consultant shall submit a description of the methodology

for each of the above mentioned processes.

9.2 Data accuracy requirements

The accuracy of the final data shall be to bankable quality with the following confidence and

uncertainty levels.

Table 3: Achievable uncertainty and confidence levels

Percentage of

observations

Satellite data*

uncertainty

Combined data*

uncertainty

GHI DNI GHI DNI

80% (P90) ±4 ±7.5 ±4.4 ±8

90% (P95) ±5 ±9.5 ±5.5 ±10

98% (P99) ±7 ±13.5 ±7.5 ±14

* Yearly summaries

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Where:

ground data, satellite data as well as the combined data shall be provided in 15

minute intervals

the total amount of erroneous or missing ground data shall be limited to 3% of the

total amount of data captured

the minimum spatial resolution of the satellite data shall be 10km

The Consultant shall indicate the achievable uncertainties of the satellite data, ground

measurement data (including the sensors and data acquisition system etc.) and the

combined data set for the following confidence levels and provide this information on

Volume C Returnable Form C18.

In addition, the Consultant shall provide the achievable data accuracy (uncertainty and

confidence) for general whether measurements on Volume C Returnable Form C18.

9.3 Monthly Progress Reporting

The Consultant shall report monthly on:

operations and maintenance activities of the ground measurement site, including site

inspections and feedback on cleaning activities and or replacement of sensors

raw ground data as well as processed /cleaned and correlated/ extrapolated time

series data for that month

any extreme weather events or consequent data flags

In the first monthly report, the Consultant shall provide the:

Methodology and analysis techniques used for each stage of the Scope of Services

(with the respective references)

Calculations and explanations of the data processing/cleaning and the accuracy

analysis

9.4 Data Reporting

9.4.1 Long term annual values

The Consultant shall provide long term annual average including the following data:

Average daily sum of global horizontal irradiation [kWh/m2]

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Average monthly sum of global horizontal irradiation [kWh/m2]

Average daily sum of direct normal irradiation [kWh/m2]

Average monthly sum of direct normal irradiation [kWh/m2]

Average daily sum of diffuse horizontal irradiation [kWh/m2]

Average monthly sum of diffuse horizontal irradiation [kWh/m2]

Average diurnal (24 hour) air temperature at 2 m [deg. C]

9.4.2 Full time series data

The Consultant shall provide full time series data at 15 minute intervals including the

following headings:

Date of measurement

Time of measurement

Global horizontal irradiance [W/m2]

Direct normal irradiance [W/m2]

Diffuse horizontal irradiance [W/m2]

Global tilted irradiance [W/m2]

Irradiance measurement quality flag

Ambient temperature at 2 m [deg. C]

Relative humidity [%]

Wind speed [m/s]

Wind direction [deg.]

Barometric pressure[hPa]

Precipitation [mm]

Sun altitude angle [deg.]

Sun azimuth angle [deg.]

The time series data shall be processed and cleaned and adapted for on-site conditions

through the ground measurement data.

9.4.3 Typical Meteorological Year

The Consultant shall provide a Typical Meteorological Year (TMY) for P(50), P(90) and P(95)

cases providing monthly, daily and hourly values of DNI, GHI and DHI with associated

ambient temperature, relative humidity, wind speed, wind direction, barometric pressure,

precipitation and sun tracking angles.

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The TMY shall be constructed by selecting from a minimum of 10 years of satellite data

(using two independent satellite data sets), the month of satellite data that best represents

the mean and distribution of values compared to the ground measurements.

The TMY data shall be provided after 1 year of ground data measurement. The TMY shall

be updated on an annual basis according to the ground data and satellite data measured in

the preceding year.

During tendering process the Consultant shall submit to NamPower for review and evaluation

the proposed method for selecting the TMY data including the proposed weighting of the

different measurements to select the TMY data.

As a minimum the TMY data shall include the following headings:

Date of measurement

Time of measurement

Global horizontal irradiance [W/m2]

Direct normal irradiance [W/m2]

Diffuse horizontal irradiance [W/m2]

Global tilted irradiance [W/m2]

Irradiance measurement quality flag

Ambient temperature at 2 m [deg. C]

Relative humidity [%]

Wind speed [m/s]

Wind direction [deg.]

Barometric pressure[hPa]

Precipitation [mm]

Sun altitude angle [deg.]

Sun azimuth angle [deg.]

9.4.4 DNI Map

The Consultant shall provide a DNI Map for Namibia providing the average monthly DNI in

Namibia for all 12 months. This map shall be updated and optimised on an annual basis with

the information obtained from all ground measurement stations.

9.5 Annual reports

The Consultant shall provide a report annually summarizing the following:

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Overview of TMY monthly data, with detailed (daily and hourly) TMY data provided in

the appendix of the final report

Any major flagging events during the ground data measurements

Summary of operation and maintenance of the measurement site

All daily, hourly and monthly final TMY data to be submitted by the Consultant with the

annual report in the format specified in section 11.3. Similarly, all raw ground data as well as

all processed /corrected ground data (before combining with satellite data) shall be provided

to NamPower in the format specified in section 11.3.

10. WARRANTY

All equipment supplied shall carry a warranty of at least five (5) years from the date of

commencement of the ground measuring station.

11. PROJECT MANAGEMENT

11.1 Project Schedule

The Tenderer shall submit a project schedule to level 3 detail indicating as a minimum:

• Submission of documentation for approval

• Procurement of equipment

• Delivery of equipment

• Installation of equipment

• Testing and commissioning of equipment

• Commencement of measurement of ground data

• Submission of reports

• Milestone payment dates

The project schedule shall be updated on a monthly basis. Both the project schedule and

the monthly progress report shall be provided to NamPower on the last day of each month.

The Project Schedule programme for the Services shall be attached to Volume C

Returnable Form C16.

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11.2 Documentation Requirements

All documentation shall be provided in electronic format in both native file and PDF formats.

All reports shall be provided in MS Word 2010 format, spread sheets shall be provided in MS

Excel 2010 formant and data bases shall either be provided in MS Excel or MS Access

format or in the format which is agreed upon with the NamPower. Project plans or schedules

will be provided in MS Project 2010 format.

11.3 Data formats and delivery options

All time series data shall be provided in ASCII CSV and Microsoft access database format.

Smaller data can be provided in Microsoft excel format. All Spatial data shall be delivered in

ESRI ASCII GRID format, GeoTIFF, Google Earth KML/KMZ data formats or NetCDF.

Metadata and file structure is described in the file header. Large data files are transferred as

zip files via fftp or dropbox platforms.

11.4 Review and approval of documentation

All documentation which is to be reviewed and approved by NamPower shall be submitted

before any procurement of equipment can take place. The review and approval of

documentation shall be indicated on the project schedule. NamPower shall be afforded a

minimum of 10 working days to review the documentation.

12. INVOICING AND PAYMENT

Invoices and payments will be processed according to a milestone payment schedule; which

will be submitted as Volume C Returnable Form C16 by the Consultant as part of the

Tender Submission. The milestones will be clearly linked to the project schedule where an

invoice may only be submitted by the Consultant once that milestone has been completed.

In the event that the Scope of Services changes from the original submission, the Consultant

may apply to NamPower for a variation in the contractual amount. Variation orders on any

contractual amount must be approved in writing by the NamPower.

Payment terms are 30 days from certification of the Consultants invoice.

The Contract Price includes all disbursements, warranties, securities, insurance,

transportation, storage, duties and taxes but exclusive of Value Added Tax (VAT) for the

Scope of Services.

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13. DELIVERY

The Scope of Services shall include the delivery of all equipment, according to DDP

(incoterms), to the sites specified in section 7.

14. LOCAL CONTENT

As far as possible the;

Consultant shall subcontract the services for transportation, installation,

commissioning, calibration and testing of the ground measuring equipment as well as

operation and maintenance services to local service providers.

Consultant shall source all material required for the Scope of Services from Namibia

or Southern Africa.

15. DOCUMENTATION TO BE SUBMITTED WITH THE TENDER

On submission of the Tender (and in addition to the information requested elsewhere) the

Consultant shall provide the following technical information:

datasheets of all sensors, communication devices and the data acquisition system to

be attached to Volume C Returnable Form C13

sizing calculations, test certificates, layout and electrical schematic drawings and data

sheets of the power supply arrangement to be attached to Volume C Returnable

Form C13

details of emissions and immunity tests of all ground measurement equipment to be

attached to Volume C Returnable Form C13

functional description of the process to upload ground measurement data via GSM to

be included in Volume C Returnable Form C18

the achievable data accuracy for both solar irradiance measurements and general

weather measurements to be included in Volume C Returnable Form C18

proposed methodology for data processing and screening to be included in Volume

C Returnable Form C18

proposed method for selecting the TMY data including the proposed weighting of the

different measurements to be included in Volume C Returnable Form C18

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operation and maintenance plan for ground measurement station to be attached to

Volume C Returnable Form C19

testing and commissioning plan for ground measurement station to be attached to

Volume C Returnable Form C20

list of spare parts for ground measurement station to be attached to Volume C

Returnable Form C21

16. DOCUMENTATION TO BE SUBMITTED AFTER TENDER AWARD

After Tender award, the Consultant shall provide all documentation submitted during

the tender process to NamPower for review and final approval.

17. END-OF-JOB REQUIREMENTS

When testing and commissioning of the ground measurement station is complete, the

Consultant will provide the following:

training at engineer level to NamPower (and affiliates) on the ground measurement

stations including

(i) selection, installation, configuration of sensors (applicable to all sensors

specified on this project)

(ii) evaluation of precision and bias of each instrument

(iii) interpretation of the measurements from each sensor

(iv) selection, installation, configuration of the data loggers including the type of

data loggers, the data loggers capabilities and communication requirements

(v) hands on training to obtain remote access to the ground measurement station

and to download the ground measurement station data

(vi) calibration techniques for the ground measurement station and the associated

sensors

(vii) testing and commissioning techniques for ground measurement stations

training at engineer level to NamPower (and affiliates) on the capturing, process and

cleaning of the data including:

(i) quality control techniques

(ii) data filing techniques

(iii) soiling correction

(iv) coherence testing

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(v) extrapolation and correlation techniques

(vi) flagging techniques

operation and maintenance of ground measurement station

all documentation which was provided during the tender (see section 15)

sizing calculations, test certificates, layout and electrical schematic drawings and data

sheets of the ground measurement station including the power supply arrangement

The general training on ground measurement stations shall be held in Windhoek where:

the venue of the training shall be arranged and paid for by NamPower

the travel and accommodation for Consultant’s staff shall be arranged and paid for by

the Consultant

Three (3) hard copies and one (1) electronic copy of the end-of-job documentation shall be

provided to NamPower within 3 weeks of completion of testing and commissioning of the

ground measurement station.

18. LICENSING

The Consultant shall indicate in the Tender Submission the requirement, together with the

costs, for any commercial software (other than Microsoft Excel) required by NamPower to

order view and manage the data.

19. VALUE ENGINEERING

The Tenderer is at liberty to provide comments to the Specification or annex extra details and

conditions as it may consider desirable, provided that it draws attention to these extra details

and conditions Volume C Returnable Form C17. All information provided in Volume C

Returnable Form C17 is considered “for information only” and will not be binding on either

NamPower or the Tenderer.

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C1 Returnable Form

General and Specific Company Information

The general and specific company information comprises part of these Tender Documents.

Data left open or [square bracketed] shall be filled in by the Tenderer.

The completed form shall be submitted with the Tender Submission.

Complete Returnable Form C1 for each entity in any consortium/ JV/ partnership/ grouping.

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1. General Company Information

1.1. Company Details

Company Name:

Registered Office:

Registered Number:

Legal Form of Organisation:

Country of Incorporation:

Date of Incorporation:

Parent Company Name:

Registered Office of Parent Company:

Are you part of a Group of Companies?

Yes No

If yes, please enclose an additional organisation chart of the group.

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1.2. Contact Details

Address to which any correspondence / documentation should be sent:

Address:

Post Code:

Telephone No.:

Facsimile No.:

e-mail Address:

Company Official to whom any query regarding questionnaire should be directed:

Name:

Position:

Telephone:

e-mail Address:

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2. Specific Company Information

2.1. Financial Details

(a) Please enclose one copy of your management accounts (for CCs) or audited

financial accounts (for companies) in English for each of the last three financial

years. If the Company is listed publicly, the Consultant shall indicate in the

Proposal the relevant exchange(s) on which the Company is listed and shall

provide in its Proposal a copy of each annual statement and other material

filings which have been submitted to the relevant exchange in the past thirty-six

(36) months

Accounts and information enclosed:

Yes No

(b) Please confirm that the company has a liquidity ratio (current assets/current

liabilities) of not less than 1.

Yes No

(a) Please confirm that the company has a solidity ratio (equity/total assets) of not

less than 0.3.

Yes No

(c) Please indicate the annual turn-over for the last three years for services/work of

a similar nature to your potential supply in this Proposal (NAD million).

2012

2013

2014

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2.2. Company Organisational and Administrative Information

(a) Please enclose an organisational chart showing the different business units of

the company, positions of directors as well as the reporting structure of relevant

key professional personnel proposed by the company for the Proposal.

Organisational chart enclosed:

Yes No

If the Consultant is a consortium or joint venture, an additional organisational chart shall

be provided to indicate the relationship and interaction of all consortium or joint venture

members including a description of services to be provided by each company.

(b) If the Tenderer is a consortium or joint venture agreement, provide the

consortium or joint venture agreement:

Consortium agreement or joint venture agreement enclosed:

Yes No N/A

(d) Has your company fulfilled its obligations in relation to payment of taxes in

Namibia (if applicable) and country of registration? Please provide certificate of

good standing from the Receiver of Revenue (See Appendix Error! Reference

source not found.).

Yes No

(e) Letter of good standing from the Social Security Commission (for all Companies

registered in Namibia)

Letter of good standing enclosed:

Yes No N/A

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(f) Letter of compliance from the Employment Equity Commission (for all

Companies registered in Namibia)

Letter of compliance enclosed:

Yes No N/A

2.3. Resource Details

Tenderers shall provide:

(a) Details of key staff including management, technical, financial and economic

resources assigned to this Contract to complete the Works

Curriculum Vitae Information provided:

Yes No

2.4. Quality Assurance

(a) Do you have ISO certification (or equivalent)

Yes No

(b) If yes, have your systems been assessed by an accredited independent

organisation?

Yes No

(c) If yes, please attach copies of current certificates.

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(d) If you are in the process of gaining certification please state:

Quality Standards sought:

Expected date for certification:

(e) If you currently do not have ISO certification, please provide details of

comparable standard quality systems, to enable your systems to be assessed.

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NAMPOWER FORM C2, PAGE 1 of 3

C2 Returnable Form

Form of Letter of Tender

The Form of Letter of Tender comprises part of this Tender Documents.

Data left open or [square bracketed] shall be filled in by the Tenderer.

The completed Form of Letter of Tender shall be submitted with the Tender Submission.

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NAMPOWER FORM C2, PAGE 2 of 3

FORM OF LETTER OF TENDER

(TO BE PROVIDED ON TENDERER’S COMPANY LETTERHEAD) To: The Managing Director Namibia Power Corporation (Pty) Ltd (NamPower) NamPower Centre (Head Office) 15 Luther Street P.O. Box 2864 Windhoek Namibia

RE: NAMPOWER TENDER NO.: NPWR/2015/06 – TENDER FOR THE SUPPLY OF GROUND MEASUREMENT STATIONS AND SERVICES FOR A CSP ROAD MAP AND THE ESTABLISHMENT OF COMMERCIAL CSP PLANTS IN NAMIBIA

We have examined, understood and checked the complete set of Tender Documents, specifically the Conditions of Contract (FIDIC Client/Consultant Model Services Agreement) in respect of the above-referenced Tender.

We have ascertained that it contains no errors or other defects. We accordingly offer to execute and complete the works in conformity with the Tender Documents which includes this Letter of Tender. We agree to abide by this Tender and it shall remain binding upon us and may be accepted at any time before the expiry of the Tender Validity Period. We acknowledge that the Tender Documents, including without limitation the Conditions of Contract comprising the Contract Agreement, the Client / Consultant Model Services Agreement, the Particular Conditions and Schedule of Amendments to the General Conditions forms part of this Letter of Tender.

If this offer is accepted, we will sign the Contract Agreement (together with the Conditions of Contract and Annexures thereto, referred to as the "Contract") and provide the specified Performance Bond, commence the works as soon as is reasonably possible and complete the works in accordance with the Contract within the time specified by the Purchaser. Unless and until a formal Contract Agreement is prepared and executed, this Letter of Tender together with your written acceptance thereof, shall constitute a binding contract between us.

We understand that you are not bound to accept any tender you may receive, and that any decision in respect of the award of this tender by the NamPower Board is final and binding upon us.

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Name in Capital Letters: __________________________________________

In the capacity of: ________________________________________________

Duly authorised to sign for and on behalf of: ______________________________

Address: _______________________________________________________

_______________________________________________________

Signature: ___________________________ Date: _____________________

The rest of this page is left intentionally open.

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NAMPOWER FORM C3, PAGE 1 of 2

C3 Returnable Form

Minimum Criteria for Responsiveness for Technical Proposal

The form shall be completed by the Tenderer with the relevant supporting

information as requested.

The completed and signed form shall be submitted with the Technical Proposal.

Please answer the following questions by indicating “YES” or “NO” in the relevant

boxes. Tenderers that are unable to answer “YES” to all of the questions listed in the

table below will be considered non-responsive and the Tender will NOT be

evaluated further.

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Minimum Criteria Yes/No

Has the Technical Proposal been submitted in the English language?

Has one (1) original hardcopy and one (1) electronic (on USB drive) of

the Technical Proposal been submitted?

Have the Returnable Forms been completed and submitted?

Has the Technical Proposal been signed by all parties to the

consortium or joint venture or by a signatory with valid powers of

attorney to sign on behalf of such parties?

Has the certificate of good standing from the Receiver of Revenue

been provided and is it current?

Has the certificate of good standing from the Social Security (for

Namibian companies only) been provided and is it current?

Have the audited / management accounts for the last three financial

years been included? (if the entity has been established for a period of

less than three years, than for the number of years for which the entity

has been established, must be provided)

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NAMPOWER FORM C4, PAGE 1 of 3

C4 Returnable Form

Form of Special Power of Attorney

The form of Special Power of Attorney comprises part of these Tender Documents.

The form shall be completed by the Tenderer with the relevant information as

requested.

The completed and signed form shall be submitted with the Tender Submission.

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NAMPOWER FORM C4, PAGE 2 of 3

FORM OF SPECIAL POWER OF ATTORNEY

(TO BE SUBMITTED ON TENDERER’S COMPANY LETTERHEAD)

To: The Managing Director Namibia Power Corporation (Pty) Ltd (NamPower) NamPower Centre (Head Office) 15 Luther Street P.O. Box 2864 Windhoek Namibia

RE: TENDER NO.: NPWR/2015/06 – SPECIAL POWER OF ATTORNEY

The following person(s) have been granted a special power of attorney for the purposes of submitting a Tender, negotiating and executing the Contract Agreement.

Title and Name

Signature

Title and Name

Signature

Title and Name

Signature

Such authorisation has been conferred by the Board of Directors by way of a Board Resolution dated [●]1 and a notarised copy of same (or certified by the Company Secretary) attached hereto, to act on our behalf and in our name in all matters relating to the aforementioned tender. The actions and representations of the aforementioned persons shall be binding upon and/or shall be duly ratified by the Board of Directors.

This Power of Attorney remains in force until ninety (90) days after the Commencement Date of the Contract.

1 To be provided by Tenderer

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Place

Date

Mr/Mrs

Signatures and Company Stamp

(Duly authorised to confirm such Special Power of Attorney)

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NAMPOWER FORM C5, PAGE 1 of 4

C5 Returnable Form

Form of Covenant of Integrity The form of Covenant of Integrity comprises part of these Tender Documents. Data left open or [square bracketed] shall be filled in by the Tenderer. The completed form shall be submitted with the Tender Submission.

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NAMPOWER FORM C5, PAGE 2 of 4

FORM OF COVENANT OF INTEGRITY (TO BE PROVIDED ON TENDERER’S COMPANY LETTERHEAD) To: The Managing Director Namibia Power Corporation (Pty) Ltd (NamPower) NamPower Centre (Head Office) 15 Luther Street P.O. Box 2864 Windhoek Namibia

RE: NAMPOWER (PTY) LTD TENDER NO.: NPWR/2015/06

COVENANT OF INTEGRITY

For the purpose of this Covenant:

“Corrupt Practice” means the offering, giving or promising of any improper

advantage to influence the action of a Public Official, or the threatening of injury to

his person, employment, property, rights or reputation, in connection with any

procurement process or in the execution of any contract in order that any person

may obtain or retain business improperly or obtain any other improper advantage in

the conduct of business.

“Fraudulent Practice” means a dishonest statement or act of concealment which is

intended to, or tends to, influence improperly the procurement process or the

execution of a contract to the detriment of the Purchaser, or is designed to establish

tender prices at non-competitive levels and to deprive the Purchaser of the benefits

of fair and open competition, and includes collusive practices (whether before or

after tender submission) among tenderers or between a tenderer and a consultant

or a representative of the Purchaser.

“Purchaser“ means the person designated as such in the Tender Documents or the

Contract.

“Public Official” means any person holding a legislative, administrative, managerial,

political or judicial post in any country, or exercising any public function in any

country; or a director or employee of a public authority or of a legal person controlled

by a public authority of any country; or a director or official of a public international

organisation.

“Prohibited Practice“ means an act that is a Corrupt Practice or a Fraudulent

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NAMPOWER FORM C5, PAGE 3 of 4

Practice.

We hereby declare and covenant that neither we nor anyone, including any of our

directors, employees or agents, acting on our behalf with due authority or with our

knowledge or consent, or facilitated by us, has engaged, or will engage, in any

Prohibited Practice (as defined herein above) in connection with the tendering

process or in the execution or supply of any works, goods or services for the above-

referenced Project (as per TENDER NO.: NPWR/2015/06) (the "Contract") and

covenant to so inform you if any instance of any such Prohibited Practice shall come

to the attention of any person in our organisation having responsibility for ensuring

compliance with this Covenant.

We shall for the duration of the tender process and, if we are successful in our

tender, for the duration of the Contract, appoint and maintain in office an officer, who

shall be a person reasonably satisfactory to you and to whom you shall have full and

immediate access, having the duty, and the necessary powers, to ensure

compliance with this Covenant.

If (i) we have been, or any such director, employee or agent acting as aforesaid has

been, convicted in any court of any offence involving a Prohibited Practice in

connection with any tendering process or provision of works, goods or services

during the five years immediately preceding the date of this Covenant, or (ii) any

such director, employee or agent has been dismissed or has resigned from any

employment on the grounds of being implicated in any Prohibited Practice, we give

details of that conviction, dismissal or resignation below, together with details of the

measures that we have taken, or shall take, to ensure that neither this company nor

any of our directors, employees or agents commits any Prohibited Practice in

connection with the Contract:

[Give details if necessary]

In the event that we are awarded the Contract, we grant the Purchaser or its

assigns, or any lenders of the Purchaser and auditors appointed by either of them,

as well as any authority having compliance under Namibian law, the right to give

them reasonable information about the Project. We accept to preserve records

generally in accordance with applicable law but in any case for at least six years

from the date of the end of the extended defects notification period (as defined in the

Tender Documents) and substantial performance of the Contract.

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Name in

capital letters ______________________________________________________

Signature ______________________________________________________

In the

capacity of: ______________________________________________________

Duly authorised to sign for and on

behalf of: ___________________________________

Address: __________________________________________________________

__________________________________________________________

Date __________________________________________________________

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NAMPOWER FORM C6, PAGE 1 of 1

C6 Returnable Form

Letter of Good Standing from the Receiver of Revenue

The Tenderer shall submit a letter of good standing from the Receiver of Revenue.

The letter shall be submitted with the Tender Submission.

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NAMPOWER FORM C7, PAGE 1 of 1

C7 Returnable Form

Letter of Good Standing from the Social Security Commission

The Tenderer shall submit a letter of good standing from the Social Security

Commission.

The letter shall be submitted with the Tender Submission.

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NAMPOWER FORM C8, PAGE 1 of 1

C8 Returnable Form

Letter of Good Standing from the Employment Equity Commission

The Tenderer shall submit a letter of good standing from the Employment Equity

Commission.

The letter shall be submitted with the Tender Submission.

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NAMPOWER FORM C9, PAGE 1 of 2

C9 Returnable Form

Reference Projects

The list of reference projects comprises part of these Tender Documents. The requirements specified in the respective forms are to be adhered to.

The tables shall be populated by the Tenderer with the relevant information as requested.

The completed form shall be submitted with the Tender Submission

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NAMPOWER FORM C9, PAGE 2 of 2

Reference Projects

Project information

Project Name: Location of Project [Country,closest city]:

Name of Customer:

Narrative description of Project:

Address of the Customer [Including names and telephone and email]:

Role of Tenderer on the Project [i.e. EPC, equipment provider, data processing and cleaning, report-

ing, O&M, commissioning etc]:

Start of Project: End of Project:

Approx. Value of Equipment & Services (in USD):

Contractual Completion Date (Month/Year):

Project details

Location of measurement site:

List of measurement equipment used:

Accuracy achieved:

Cleaning interval:

Percentage data missing:

Details of staffing during this Project

No of Management staff involved and functions performed:

No of Engineering staff involved and functions performed:

No of Support staff involved and functions performed:

No of Installers/ Contractors involved and functions performed:

Provide organogram for the Project:

Note: Complete one table per reference project

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NAMPOWER FORM C10, PAGE 1 of 4

C10 Returnable Form

Contract Agreement

The Tenderer shall initial all pages of this Contract Agreement as acknowledgment

and acceptance of the terms and conditions stipulated in the Contract Agreement.

The initialled Contract Agreement document shall be by the Tenderer on Tender

Submission

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NAMPOWER FORM C10, PAGE 2 of 4

CONTRACT AGREEMENT

This Agreement dated the ___________ day of _____________,

between

NamPower

of 15 Luther Str, Windhoek, Namibia

(hereinafter called “the Client”)

and

………………………………….

………………………………….

(hereinafter called “the Consultant”) of the other part

WHEREAS, the Client desires that certain Services should be performed by the

Consultant, namely the “TENDER FOR THE SUPPLY OF GROUND

MEASUREMENT STATIONS AND SERVICES FOR A CSP ROAD MAP AND THE

ESTABLISHMENT OF COMMERCIAL CSP PLANTS IN NAMIBIA”

TENDER NO. NMPR/2015/06 and has accepted a proposal by the Consultant for

the performance of such Services.

THE CLIENT AND THE CONSULTANT AGREE AS FOLLOWS:

1) In this Agreement words and expressions shall have the same meanings as

are respectively assigned to them in Clause 1.1 of the Conditions of Contract.

2) The following documents shall be deemed to form and be read and

construed as part of the Agreement in descending order of priority with the Contract

Agreement to take the highest priority:

a) This Contract Agreement

b) The Particular Conditions

c) FIDIC Client/Consultant Model Services Agreement 4th Ed (2006);

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NAMPOWER FORM C10, PAGE 3 of 4

d) the Appendices, namely:

i. Appendix 1: Scope of Services

ii. Appendix 2: Personnel, Equipment, Facilities And Services of Others

to be provided by The Client

iii. Appendix 3: Remuneration and Payment

iv. Appendix 4: Time Schedule for Services

e) The minutes of clarification or negotiation meetings held between the

Consultant and the Client

f) The Tender Documents for Tender No. NMPR/2015/06; and

g) The Consultant’s submission to the Tender Documents for Tender No.

NMPR/2015/06.

3) In consideration of the payments to be made by the Client to the Consultant

under this Agreement, the Consultant hereby agrees with the Client to perform the

Services in conformity with the provisions of the Agreement.

4) The Client hereby agrees to pay the Consultant in consideration of the

performance of the Services such amounts as may become payable under the

provisions of the Agreement at the times and in the manner prescribed by the

Agreement.

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NAMPOWER FORM C10, PAGE 4 of 4

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be

executed the day and year stated above in accordance with their respective laws.

On behalf of the Consultant by the signatory who warrants that he/she is duly

authorised:

Signed: _____________________ Designation: __________________________

Witness: _____________________ Designation: __________________________

Signed at: ___________________________________________

On behalf of the Client by the signatory who warrants that he/she is duly authorised:

Signed: _____________________ Designation: __________________________

Witness: _____________________ Designation: __________________________

Signed at: ___________________________________________

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NAMPOWER FORM C13, PAGE 1 of 2

C13 Returnable Form

Datasheets for measuring equipment

The Tenderer shall provide detailed equipment datasheets for the following

measurands:

Direct Normal Irradiance

Global Horizontal Irradiance

Diffuse Horizontal Irradiance

Global Tilted Irradiance

Ambient Temperature

Relative humidity

Wind speed

Wind direction

Barometric pressure

Precipitation

Sun tracking

In addition, the Tenderer shall provide datasheets for the:

Data acquisition device(s)

Communication devices and

All power supply equipment

The Tenderer shall provide details of emissions and immunity tests of all

ground measurement equipment.

The Tenderer shall provide sizing calculations, test certificates, layout and

electrical schematic drawings of the power supply arrangement.

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All information shall be submitted with the Tender Submission.

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NAMPOWER FORM C14, PAGE 1 of 2

C14 Returnable Form

Technical and Legal Deviations List This form provides a list of all technical and legal deviations to these Tender Documents.

The table shall be populated by the Tenderer with the relevant information as requested. Data left open or [square bracketed] shall be filled in by the Tenderer.

The completed form shall be submitted with the Tender Submission.

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NAMPOWER FORM C14, PAGE 2 of 2

Technical and Legal Deviations declared to Tender Documents

Ser. No.

Purchaser’s Requirement

Clause No.*

Tenderer’s Deviation

DEV-1

DEV-2

DEV-3

Notes: * Clause No. should reference a specific clause i.e.VOL B1, section 4.5.3

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NAMPOWER FORM C15, PAGE 1 of 3

C15 Returnable Form

Check list for corporate and administrative information. The check list for corporate and administrative information comprises part of these Tender Documents. The column “Document / Information” shall not be changed by Tenderer. The column “Tenderer’s confirmation” shall be filled in by Tenderer. The completed check list shall be submitted by the Tenderer with the Tender Submission.

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NAMPOWER FORM C15, PAGE 2 of 3

No. Document / Information Tenderer’s

confirmation

Corporate and Administrative Information

1 Special Power of Attorney** (see Volume C Returnable

Form C4)

2 Covenant of Integrity** (see Volume C Returnable Form

C5)

3 Management accounts or audited financial statements for

the last three years**; or if a publicly listed company, the

relevant exchange(s) in which the company is listed and

shall provide a copy of each annual statement and other

material filings which have been submitted to the relevant

exchange in the past thirty-six (36) months**

4 Organisational chart showing the overall organisation and

the relationship with any company which will participate in

the Works**

5 Consortium agreement or joint venture agreement (if

applicable)

6 Letters of good standing from Receiver of Revenue in the

Republic of Namibia (for Tenderers which are incorporated/

registered as foreign business entities in the Republic of

Namibia) and the Tenderer's country of origin** (see Volume

C Returnable Form C6)

7 Letter of good standing from the Social Security Commission

(for Tenderers incorporated in or which are registered

foreign business entities in the Republic of Namibia)** (see

Volume C Returnable Form C7)

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No. Document / Information Tenderer’s

confirmation

8 Letter of compliance from the Employment Equity

Commission (for Tenderers incorporated in or which are

registered foreign business entities in the Republic of

Namibia)** (see Volume C Returnable Form C8)

9 Curriculum vitae details of key staff

10 ISO certification

11 Other documents as requested in General and Specific

Company Information (see Volume C Returnable Form C1)

Note:

**In the case of a consortium or joint venture, each member of such consortium or joint venture shall provide such information.

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NAMPOWER FORM C16, PAGE 1 of 1

C16 Returnable Form

The Project Schedule

The Tenderer shall submit the project schedule to level 3 detail with the Tender

Submission.

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NAMPOWER FORM C17, PAGE 1 of 4

C17 Returnable Form

Comments to the Specification

As part of value engineering, the Tenderer may submit comments / proposals or

improvement to the Specification for Solar Resource Measurement.

These comments shall be submitted as part of the Tender Submission.

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NAMPOWER FORM C17, PAGE 2 of 4

1. Comments to the technical requirements for ground measurement station.

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2. Comments to the technical requirements for data.

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NAMPOWER FORM C17, PAGE 4 of 4

3. Other comments to specification for solar resource measurement.

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NAMPOWER FORM C18, PAGE 1 of 7

C18 Returnable Form

Data Accuracy and Proposed Methodologies

The Tenderer shall submit its achievable data accuracy as well as its proposed

methodologies for the processes listed in this document together with the Tender

Submission.

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NAMPOWER FORM C18, PAGE 2 of 7

1. Achievable data accuracy for solar irradiance measurements

Ground data Satellite data Combined data

GHI DNI GTI GHI DNI GTI GHI DNI GTI

Confidence

P50

Confidence

P90

Confidence

P99

Comments by Consultant on data accuracy

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NAMPOWER FORM C18, PAGE 3 of 7

2. Achievable data accuracy for general weather measurements

Comments by Consultant on data accuracy

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3. Description of the methodology for data processing and screening

a. Data quality screening

b. Data gap filling

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NAMPOWER FORM C18, PAGE 5 of 7

c. Soiling of sensors

d. Correlation and extrapolation of data and combination of ground data

and satellite data

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4. Description of the methodology for selecting the TMY data including the

proposed weighting of the different measurements

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5. Description of the process to upload ground measurement data via GSM

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NAMPOWER FORM C19, PAGE 1 of 1

C19 Returnable Form

Operation and maintenance plan for ground measurement station

The Tenderer shall submit the operation and maintenance plan for the ground

measurement station together with the Tender Submission.

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NAMPOWER FORM C20, PAGE 1 of 1

C20 Returnable Form

Testing and commissioning plan for ground measurement station

The Tenderer shall submit the testing and commissioning plan for the ground

measurement station together with the Tender Submission.

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NAMPOWER FORM C21, PAGE 1 of 4

C21 Returnable Schedule

List of Spares, Tools and Appliances

The list of commissioning and operating spares as well as the tools and appliances comprise part of this specification. The requirements specified in the respective forms are to be adhered to.

The tables shall be populated by the Tenderer with the relevant information as requested.

The completed schedule shall to be submitted with the Tender Submission.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM C21, PAGE 2 of 4

C21.1 Schedule No.: 1 – Commissioning Spare Parts

RS group

Equipment

Part descripscrip-tion

SAP

Code

Short text

descripscrip-tion

Drawing

number

Type / Ar-

ticle no.

Type

Quantity

Sup-plier/coun-

try

Stor-age

instrucstruc-tion

Storage

loca-tion

Price

[Forex]

Cur-rency

Ex-change rate

Unit

Price

[NAD]

To-tal Price

[NAD]

Comment

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

Note: 1: Example is boiler feed water pump and motor or tempered water pump and motor 2: Original Equipment Manufacturer

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM C21, PAGE 3 of 4

C21.2 Schedule No.: 2– Operating Spare Parts

RS group

Equipment

Part descripscrip-tion

SAP

Code

Short text

descripscrip-tion

Drawing

number

Type / Ar-

ticle no.

Type

Quantity

Sup-plier/coun-

try

Stor-age

instrucstruc-tion

Storage

loca-tion

Price

[Forex]

Cur-rency

Ex-change rate

Unit

Price

[NAD]

To-tal Price

[NAD]

Comment

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

Note: 1: Example is boiler feed water pump and motor or tempered water pump and motor 2: Original Equipment Manufacturer

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM C21, PAGE 4 of 4

C21.3 Schedule No.: 3 – Tools and Appliances

RS group

Equipment

Part descripscrip-tion

SAP

Code

Short text

descripscrip-tion

Drawing

number

Type / Ar-

ticle no.

Type

Quantity

Sup-plier/coun-

try

Stor-age

instrucstruc-tion

Storage

loca-tion

Price

[Forex]

Cur-rency

Ex-change rate

Unit

Price

[NAD]

To-tal Price

[NAD]

Comment

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

Note: 1: Example is boiler feed water pump and motor or tempered water pump and motor 2: Original Equipment Manufacturer

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NAMPOWER C22-1 of 3

C22 Returnable Form

Clarification meeting and Site Visit Form The completed form shall be submitted by the Tenderer for access to Site as required.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER C22-2 of 3

CLARIFICATION MEETING AND SITE VISIT FORM

To: NamPower (Pty) Ltd

Attention: The Tender Board Administrator, 3rd Floor, NamPower Centre, 15 Luther

Street, Windhoek, Namibia,

E-mail: [email protected]

Facsimile: +264-61-205-2397

We, [TENDERER'S NAME], hereby notify NamPower of our attendances to the

compulsory Tender clarification meeting and mandatory site visit meeting in relation

to TENDER NO. NPWR/2015/06.

The following personnel will attend the clarification meeting:

Name and

Surname

Job Title /

Designation

Citizenship Passport

Number

Visa Support

Letter

Required?

The following personnel will attend the site visit:

Name and

Surname

Job Title /

Designation

Citizenship Passport

Number

Visa Support

Letter

Required?

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER C22-3 of 3

We have applied or will apply for the necessary business visas/work permits and

understand that it is our responsibility to have these documents processed timely to

facilitate the clarification meeting and site visit. We have indicated above where

your assistance with letters of support is required for business visas.

We acknowledge and agree that the we, our personnel, servants, agents or sub-

Contractors waive our and their right to claim damages against the NamPower, its

personnel, servants, agents and other contractors in respect of personal injury

(whether fatal or otherwise), loss of or damage to property and any other loss,

damage, cost and expense, however caused which but for the granting of such

permission would not have arisen. We shall hold harmless and indemnify and

undertake to keep indemnified the NamPower, its personnel, servants, agents and

other contractors from and against all liability in respect of personal injury (whether

fatal or otherwise), loss of or damage to property and any other loss, damage, cost

and expense, however caused which but for the granting of such permission would

not have arisen. We acknowledge and agree that each of the personnel listed

above will be required to execute a similar waiver in favour of NamPower prior to

admittance onto the site.

_______________________ ___________

For and on behalf of Date

[(TENDERER)]

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 TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

D1

Price Schedules

The completed price schedule shall be submitted with the Tender Submission.

Returnable form

The price schedule comprises part of these Tender Documents. The requirements specifiedin the respective form are to be adhered to.

The tables shall be populated by the Tenderer with the relevant information as requested.

NAMPOWER FORM D1, PAGE 1 of 3

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 TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

D1 Price Schedule

Local Cost Quantity Total

ZAR USD EUR NAD Units NAD

Measuring sensors1 Direct Normal Irradiance2 Global Horizontal Irradiance3 Diffuse Horizontal Irradiance

Global Tilted Irradiance4 Ambient Temperature 5 Relative humidity 6 Wind speed7 Wind direction8 Barometric pressure9 Precipitation10 Sun tracking

Data capturing1 Data acquisition2 Data logger3 Communication costs

Spares and spare keeping1 [Tenderer to provide details]23

Testing and Commissioning1 [Tenderer to provide details]2

ItemsCost (foreign)

Item No

NAMPOWER FORM D1, PAGE 2 of 3

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 TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

3

Operations & Maintenance1 [Tenderer to provide details]23

Data processing and cleaning1 [Tenderer to provide details]23

Installation and ancillaries1 Power Supply2 Cabling costs3 Security fencing4 Import duties5 Other

Monthly Reporting1 [Tenderer to provide details]23

Annual Reporting1 [Tenderer to provide details]23

NAMPOWER FORM D1, PAGE 3 of 3

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 1 OF 8

D2 Returnable Form

NamPower Equitable Economic Empowerment Policy Information

The NamPower Equitable Economic Empowerment Information comprises part of these Tender Documents.

Data left open or [square bracketed] shall be filled in by the Tenderer.

The completed form shall be submitted with the financial proposal.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 2 OF 8

1. Capital Structure

1.1. Total share capital

(a) Please indicate the share capital and number of shares for companies or

members interest for cc’s:

N$ ___________________________

(b) Please provide the following breakdown of the total share capital

Capital Structure No of shares % of Total

Capital owned by Previously

Disadvantaged Namibian (s)

Capital owned by Namibian Women or

Persons with Disability

Capital owned by Namibians/Namibian

Registered Company

Capital owned by

Foreigners/Foreign Company

Total

1.2. Names of Shareholders/members

(a) Please provide the following details of the shareholders:

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 3 OF 8

Name

of

Share-

holder

Gender

(M/F)

Namibian

(Y/ N)

PDN

(Y/ N)

Disability

(Y/N)

Full time

employed (Y/N)

by the company

or cc

%

shares

The above information must be supported by the following documentation:

Trusts Copy of the Trust Deed

Private company (i.e. Pty

Ltd)

Copy of the memorandum and articles of association

Copies of share certificates or CM29 forms

Public Company (i.e. Ltd) Copy of share certificates from NSX

CC Copy of the founding statement or amended founding

statements (CC1/2)

In addition, the following documentation is required:

A copy of the identity documents of all shareholders / owners /

beneficiary’s /trustees is required.

A medical report on disability as issued by Ministry of Health and Social

Services is required per disabled person.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 4 OF 8

2. Management Control and Employment Equity

2.1. Organizational Structure

(a) Please provide the following details for the organisational structure:

Category Total No of

Namibians

No of

PDN

Number of

Foreigners

/ Permanent

residence

Top management (excluding

shareholders/ members and /

or board of directors)

a) Number of Female(s)

b) Number of Male (s)

c) Number of disabled

Female (s)*

d) Number of disabled

Male(s)*

All employees excluding

Managers

e) Number of Female(s)

f) Number of Male (s)

g) Number of disabled

Female (s)*

h) Number of disabled

Male(s)*

Total number of employees

including Managers but

excluding

Shareholders/members

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 5 OF 8

The above information must be supported by the following documentation:

Organisational structure of the trust/company/cc indicating the managerial

positions within the company. Each managerial position shall clearly

indicate the title of position, the name of the incumbent and the contact

details of the incumbent.

Identification documentation of all individuals indicated as managers in

the organisation.

A medical report on the disability as issued by Ministry of Health and

Social Services is required per disabled person.

NamPower reserves the right to contact any individual within the

organisational structure to verify authenticity of the information provided.

2.2. Board of Directors

(a) Please provide the following details for the Board of Directors:

Name of

Director

Gender

(M/F)

Namibian

(Y/ N)

PDN

(Y/ N)

Disability

(Y/N)

Role

(Executive

or non-

executive)

The above information must be supported by the following documents:

Trusts Copy of the Trust Deed

Private company (i.e. Pty

Ltd)

Copy of the memorandum and articles of association

Copies of share certificates or CM29 forms

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 6 OF 8

Public Company (i.e. Ltd) Copy of share certificates from NSX

CC Copy of the founding statement or amended founding

statements (CC1/2)

The above information must be supported by the following documentation:

A copy of the identity documents of all shareholders / owners /

beneficiary’s /trustees is required.

A medical report on the disability as issued by Ministry of Health and

Social Services is required per disabled person.

3. Human Resources and Skills Development

Provide proof of registration with NTA and proof of payment of the VET levy as

required by the Vocational Education and Training Act, Act 1 of 2008.

NB: Entities exempted from this lrequirement should provide proof of exemption

from the relevant authority.

4. Entrepreneurship Development

a) Will Previously Disadvantaged Namibian sub-contractor(s) /sub-vendor(s) be

involved in the execution of the contract/tender?

Yes No

If yes, indicate the value and percentage of the total tender amount being

performed through subcontracting. Please furnish full particulars of

subcontractor/sub-vendor concerned, including physical address and contact

details.

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 7 OF 8

This is to certify that I, _______________________________________________

__________________________________________________________________

Owner / representative of ___________________________________________, is

a Previously Disadvantaged Namibian sub-contractor/sub-vendor involved in the

execution of tender/contract description _____________________

no._____________. I am fully aware of the contents and the performance

requirements for completing the works.

During the execution of the Contract, the Supplier shall record all PDN spend in the

execution of this Contract and provide documentary proof of the spend to

NamPower.

b) Please state the percentage of the contract/tender procurement spending that has

been previously allocated to businesses owned by Previously Disadvantaged

Namibians?

__________________________________________________________________

Give details and furnish documentary proof:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. Community Investment

a) Is the Tenderer located in, or operating in, a communal area/underdeveloped area?

Yes No

If yes, give details and furnish documentary proof:

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D2, PAGE 8 OF 8

The above information must be supported by the following documentation:

Copy of the founding statement or amended founding statements (CC1/2)

Physical address of enterprise or fitness certificate

Copy of the memorandum and articles of association

Affidavit from Namibian Police

b) Please provide the amount in NAD which has been donated to community

investment over the past three years?

________________________________________________________

Give details and furnish documentary proof (from an independent accounting officer

or qualified auditor):

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

6. Pledge to Community Investment

According to the NEEEP Policy, first time Tenderers are required to pledge a

percentage of the Full Contract Price as a community investment. Please indicate

this pledge amount:

______________________________________________________________NAD]

Note: NamPower will retain an amount equivalent to the full pledge amount as

security until the pledge is fulfilled. The Tenderer is requested to refer to the

Volume A2 for contractual requirements regarding these retention monies.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D3, PAGE 1 of 4

D3 Returnable Form

Check list for NEEEP information.

The check list for NEEEP information comprises part of these Tender

Documents.

The column “Document / Information” shall not be changed by

Tenderer.

The column “Tenderer’s confirmation” shall be filled in by Tenderer.

The completed check list shall be submitted by the Tenderer with the

Tender Submission.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D3, PAGE 2 of 4

No. Document / Information Tenderer’s

confirmation

NEEEP Information

1 Shareholding

1a If Tenderer is a Trust then copy of the Trust Deed**

1b If Tenderer is a Private company (i.e. Pty Ltd) then**

Copy of the memorandum and articles of association

Copies of share certificates or CM29 forms

1c If Tenderer is Public Company (i.e. Ltd) then a copy of share

certificates from NSX**

1d If Tender is a ‘cc then a copy of the founding statement or

amended founding statements (CC1/2)**

1e Identity documents of all shareholders / owners / beneficiary’s

/trustees**

1f If applicable, a medical report on disability as issued by Ministry of

Health and Social Services is required per disabled person**

2 Organizational Structure

2a Organisational structure of the trust/company/cc indicating the

managerial positions within the company. Each managerial

position shall clearly indicate the title of position, the name of the

incumbent and the contact details of the incumbent**

2b Identity documents of all shareholders / owners / beneficiary’s

/trustees**

2c If applicable, a medical report on disability as issued by Ministry of

Health and Social Services is required per disabled person**

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D3, PAGE 3 of 4

No. Document / Information Tenderer’s

confirmation

3 Board of Directors

3a If Tenderer is a Private company (i.e. Pty Ltd) then**

Copy of the memorandum and articles of association

Copies of share certificates or CM29 forms

3b If Tenderer is Public Company (i.e. Ltd) then a copy of share

certificates from NSX**

3c If Tender is a ‘cc then a copy of the founding statement or

amended founding statements (CC1/2)**

3d Identity documents of all shareholders / owners / beneficiary’s

/trustees**

3e If applicable, a medical report on disability as issued by Ministry of

Health and Social Services is required per disabled person**.

4 Human Resources and Skills Development

4a Proof of registration with NTA and proof of payment of the VET

levy as required by the Vocational Education and Training Act, Act

1 of 2008**

5 Entrepreneurship Development

5a If applicable, full particulars of Previously Disadvantaged Namibian

sub-contractor(s) /sub-vendor(s), including physical address and

contact details that are involved in the execution of the

contract/tender**

5a If applicable, the documentary proof of the percentage of the

contract/tender procurement spending that has been previously

allocated to businesses owned by Previously Disadvantaged

Namibians**

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D3, PAGE 4 of 4

No. Document / Information Tenderer’s

confirmation

6 Community Investment

6a If the Tenderer is located in communal area/underdeveloped area,

then provide the following details and documentary proof**

• Copy of the founding statement or amended founding

statements (CC1/2)

• Physical address of enterprise or fitness certificate

• Copy of the memorandum and articles of association

• Affidavit from Namibian Police

6b If applicable, then provide documentary proof (from a Qualified

Auditor) of the amount in NAD which has been donated to

community investment over the past three years**

Note:

**In the case of a consortium or joint venture, each member of such consortium or joint

venture shall provide such information.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D4, PAGE 1 of 2

D4 Returnable Form

Priced Deviations List This form provides a list of all priced deviations to these Tender Docu-ments.

The table shall be populated by the Tenderer with the relevant infor-mation as requested. Data left open or [square bracketed] shall be filled in by the Tenderer.

The completed form shall be submitted with the Tender Submission.

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TENDER DOCUMENTS FOR SOLAR RESOURCE DATA

NAMPOWER FORM D4, PAGE 2 of 2

Priced Deviations declared to Tender Documents

Ser. No.

Purchaser’s Requirement

Clause No.*

Tenderer’s Deviation Price impact

DEV-1

DEV-2

DEV-3

Notes: * Clause No. should reference a specific clause i.e.VOL B1, section 4.5.3

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NAMPOWER FORM D5, PAGE 1 of 7

D5 Returnable Form

Form of Tender Bond The Form of Tender Bond comprises part of these Tender Documents. Data left open or [square bracketed] shall be filled in by the Tenderer. The completed Tender Bond shall be submitted with the Tender Submission.

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NAMPOWER FORM D5, PAGE 2 of 7

TENDER BOND

Private & Confidential

DATED [●] day of [●] 201[●]

[GUARANTOR]

And

Namibia Power Corporation (Pty) Ltd

.........................................................

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NAMPOWER FORM D5, PAGE 3 of 7

THIS AGREEMENT (the "Tender Bond") is made the [●] day of [●], 201[●]

BETWEEN:

[●] whose registered office is at [●] (the "Guarantor" which expression shall include its successors in title); and

Namibia Power Corporation (Pty) Ltd whose registered office is at NamPower Centre, 15 Luther Street, Windhoek, Republic of Namibia (the "Purchaser" which expression shall include its successors in title, transferees and assigns).

WHEREAS:

A. [●] (the "Tenderer") intends to tender for the equipment and services to measure the solar resource data for establishment of commercial CSP plants in Namibia in accordance with the terms of the Tender Documents (Tender No: NPWR/2015/06) issued by the Purchaser on [date].

B. As a precondition of Tenderer's involvement in the tender process, Tenderer is required to provide the Purchaser with security in the form of this Tender Bond.

C. The Guarantor has been requested by the Tenderer and has agreed to provide a Tender Bond on the following terms.

NOW THIS AGREEMENT WITNESSETH as follows:

1 Interpretation

1.1 "Insolvency Event" means the Tenderer making a composition or arrangement with its creditors or becoming bankrupt or insolvent or effecting a transfer of its property to its creditors’ advantage or signing a fiduciary agreement in their favour or, being a company:

1.1.1 making a proposal for a voluntary arrangement for a composition of debts or scheme of arrangement to be approved in accordance with relevant legislation; or

1.1.2 having a provisional liquidator appointed; or

1.1.3 having a winding up order made; or

1.1.4 passing a resolution for voluntary winding up; or

1.1.5 having an administrator or administrative receiver appointed; or

1.1.6 having an application made for an inventory of its assets to be taken as part of, or as precursor to, any of the circumstances above; or

1.1.7 the equivalent to any of the above in any applicable jurisdiction occurring;

1.2 Words and expressions used but not defined in this Tender Bond shall have the meanings attributed to them in the Tender Documents.

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NAMPOWER FORM D5, PAGE 4 of 7

2 Maximum Sum

The maximum amount payable by the Guarantor to the Purchaser under this Tender Bond is NAD 500,000 (Five Hundred Thousand Namibian dollars)] (the "Maximum Sum").

3 Procedure for calling the Tender Bond

3.1 The Purchaser may from time to time make a written demand upon the Guarantor stating that the Tenderer has:

3.1.1 breached any Law relating to the tender process or is disqualified from the tender process as a result of its actions or omissions;

3.1.2 refused to accept the correction of errors in its Tender in accordance with such Tender Documents;

3.1.3 withdrawn its Tender prior to the expiry of the Tender Validity Period;

3.1.4 failed to extend the term of this Tender Bond after agreeing to the Purchaser’s request to extend the expiry date of the Tender Bond; and

3.1.5 if the Purchaser advises the Tenderer that it has decided to award the Contract to the Tenderer on agreed terms, failed to execute the Contract Agreement.

3.2 The Guarantor shall immediately upon receipt of any such demand pay to the Purchaser the amount or amounts demanded up to the aggregate of the Maximum Sum.

4 Payment under the Tender Bond

4.1 All sums payable under this Tender Bond shall be paid to the Purchaser in full, free of any present or future taxes, levies, duties, charges, fees or withholdings and without any deduction, restriction, conditions, withholding, set-off or counterclaim whatsoever. If the Guarantor is compelled by law to make any deduction or withholding, the Guarantor will gross up the payment so that the net sum received by the Purchaser will be equal to the full amount which the Purchaser would have received had no such deduction or withholding been made.

4.2 The Guarantor is not entitled to rely on any defences or claims which may be available to the Tenderer under the Tender Documents.

4.3 Any demand made by the Purchaser in accordance with clause 5 and any sum or sums stated in such demand shall be conclusive evidence that such sum or sums are properly due and payable to the Purchaser under this Tender Bond.

5 Validity and Completeness of the Tender Bond

5.1 The Guarantor confirms that this Tender Bond shall not be impaired, reduced, discharged or affected by:

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NAMPOWER FORM D5, PAGE 5 of 7

5.1.1 any amendments, alterations or supplements to the Tender Documents or any concession, release, waiver or other indulgence granted to the Tenderer;

5.1.2 any invalidity, illegality or unenforceability in or of the terms of any agreement or other commitment to which the Tenderer is, or may become a party, including (without limitation) any invalidity in the Tender Documents;

5.1.3 any disability, incapacity, change in ownership or change in status of the Tenderer; or

5.1.4 an Insolvency Event or a change in the constitution of the Tenderer;

5.1.5 any forbearance or delay by or on the part of the Purchaser in asserting any of its rights against the Tenderer;

5.1.6 any other act or omission which would not have discharged or affected the liability of the Guarantor but which, in the absence of this provision, might operate to exonerate the Guarantor.

6 Continuity and discharge of the Tender Security

The Guarantor confirms that:

6.1 this Tender Bond shall remain in full force and effect until the later of the expiry of Tender Validity Period or the date the Contract Agreement is executed between the Purchaser and the Tenderer, when this Tender Bond shall cease to have effect save in connection with any demand notified to the Guarantor on or prior to the said date and as set out in clause 3; and

6.2 any release, discharge or settlement between the Guarantor and the Purchaser shall be conditional upon no security, disposition or payment to the Purchaser being void, set aside or ordered to be refunded pursuant to any enactment or law relating to bankruptcy, liquidation, administration or insolvency or for any other reason whatsoever and, should this condition not be fulfilled, the Purchaser shall be entitled to enforce this Tender Bond subsequently as if such release, discharge or settlement had not occurred and any payment had not be made.

7 Non-Waiver

No failure or delay by the Purchaser in exercising any right or remedy shall operate as a waiver, nor shall any single or partial exercise or waiver of any right or remedy preclude its further exercise or the exercise of any other right or remedy.

8 Provisions Severable

Each of the provisions of this Tender Bond is severable and distinct from the others and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable; the remaining provisions of this Tender Bond shall not be affected, prejudiced or impaired in any way.

9 Assignment

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NAMPOWER FORM D5, PAGE 6 of 7

The Purchaser may assign, charge or transfer this Tender Bond to any party without the consent of the Guarantor and such assignment shall be effective upon the Guarantor being given written notice of the assignment.

The Guarantor may not assign, charge or transfer this Tender Bond to any person.

10 Notice

Any notice or other communication to be given, served or made under this Tender Bond:

10.1 shall be written in English and shall be delivered by hand, courier or facsimile transmission to:

10.1.1 the Guarantor at:

[Address of Guarantor] Fax No: Attention:

10.1.2 the Purchaser at:

NamPower Centre, 15 Luther Street, Windhoek, Namibia Fax No:+264-61-205-4111 Attention: B Joerges (Chief Legal Advisor)

or to such other address or number as a party may specify from time to time by notice to the other party; and

10.2 shall be deemed to have been received:

10.2.1 in the case of a letter, when delivered by hand or five (5) Days after it has been couriered; and

10.2.2 in the case of a facsimile transmission, when a complete and legible copy is received by the addressee provided that if the date of receipt is not a business day in the country of the addressee, it shall be deemed to have been received at the opening of business on the next such business day.

11 Governing Law

11.1 This Tender Bond shall, in all respects, be governed by and interpreted in accordance with the laws of the Republic of Namibia.

11.2 Each party irrevocably submits to the exclusive jurisdiction of the High Court of Namibia with regard to all matters arising from or in connection with this Tender Bond and agrees that a judgment on any proceedings brought in the High Court of Namibia shall be conclusive and binding upon them and may be enforced in the courts of any other jurisdiction.

12 Changes

This Tender Bond shall in no way be modified, amended, amplified or limited except pursuant to an express written agreement entered into between the Tenderer, Purchaser and Guarantor.

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NAMPOWER FORM D5, PAGE 7 of 7

EXECUTED as an agreement by the parties on the date first above written and delivered upon its being dated.

EXECUTED as an agreement Namibia Power Corporation (Pty) Ltd

Name

Signature (Duly authorised signatory)

EXECUTED as an agreement

[THE GUARANTOR]

acting by

Director

Company Secretary/Director

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NAMPOWER FORM D6, PAGE 1 of 2

D6 Returnable Form

Minimum Criteria for Responsiveness for Financial Proposal

The form shall be completed by the Tenderer with the relevant supporting

information as requested.

The completed and signed form shall be submitted with the Financial Proposal.

Please answer the following questions by indicating “YES” or “NO” in the relevant

boxes. Tenderers that are unable to answer “YES” to all of the questions listed in the

table below will be considered non-responsive and the Tender will NOT be

evaluated further.

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NAMPOWER FORM D6, PAGE 2 of 2

Minimum Criteria Yes/No

Has the Financial Proposal been submitted in the English language?

Has one (1) original hardcopy and one (1) electronic (on USB drive) of

the Financial Proposal been submitted?

Have the Returnable Forms been completed and submitted?

Has the Financial Proposal been signed by all parties to the consortium

or joint venture or by a signatory with valid powers of attorney to sign

on behalf of such parties?

Has the Tender Bond been submitted and is it the same duration as the

Tender Submission validity?

Does the Tender Bond submitted have the same wording as

Returnable Form C12 i.e. no material deviations?

Has the Tender Bond been submitted from a commercial bank?