KENYA ELECTRICITY GENERATING COMPANY PLC KGN-IT-02 …€¦ · A firm will be selected under Quality and Cost Based Selection and the procedures described in this RFP. The consultancy

RFP for Consultancy Services For KenGen Commercial Tier IV Data Center

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KENYA ELECTRICITY GENERATING COMPANY PLC

KGN-IT-02-2020

REQUEST FOR PROPOSALS (RFP) FOR CONSULTANCY SERVICES FOR KENGEN

COMMERCIAL TIER IV DATA CENTER.

(Open International)

Kenya Electricity Generating Company PLC Stima Plaza, Kolobot Road, Parklands

P.O. Box 47936, 00100 NAIROBI

Website: www.kengen.co.ke

January 15, 2020

http://www.kengen.co.ke/


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GUIDELINES TO PREPARATION OF BID DOCUMENT

In preparing the bid document in response to the tender, bidders are advised to note the following: 1. Section I – Invitation to Tender. This section gives guidelines on how and where to seek further clarification pertaining to the tender document; the form and amount of Tender Security required; where and when the tenders should be submitted; and place where tenders will be opened. 2. Section II – Instruction to Tenderers. This section guides tenderers on how to prepare their bid and how the tendering process will be carried out up to the award stage including notification of award to the successful bidder. “Appendix to Instruction to Tenderers” customizes clauses under Section II. Wherever there is a conflict between the provisions of the Instructions to Tenderers under Section II and the provisions of the appendix, the provisions of the appendix prevail. 3. Evaluation Criteria: This gives information on how the tender will be evaluated. Tenderers should be able to evaluate their bids before submission to determine in advance whether they meet the requirement of the bid or not. Through the evaluation criteria bidders will be able to note all the required documents that should be attached to the bid document. Checklist of Document Forming the Bid

No. Documents forming part of the bid Remarks 1 The main sections of the tender document that includes Section I –

Invitation to Tender; Section II – Instruction to Tenderers, including Appendix to Instruction to Tenderers; and Section III – General Conditions of the Contract, including Special Conditions of Contract

These Sections remain as they are in the tender document.

2 Duly filed mandatory business questionnaire with particulars of the supplier ,contractor and consultant and shall include:

i. Name of supplier ii. Registration details (ID/Registration/Incorporation

Number ) iii. PIN Number iv. List of directors, shareholders and beneficial owners(in

case of a company) v. Name of proprietor (for sole proprietor and business

name) vi. Name of partners (for partnerships) vii. Business contact information (Telephone and Email

Address) viii. Postal Address ix. Physical address x. Tax compliance status xi. Business permit /License number xii. County of operations

4 Duly filled priced schedules Prices quoted to be inclusive of taxes

5 Duly filled and signed Form of Tender in the format provided in the tender document

6 Duly filled and signed declaration form in the form provided 7 Bid document to be serialized/paginated on all pages 8 Bidders are advised to use KenGen’ s tender document or ensure to

align their bid to it

9 Confirmation of a bid submission Original and Copy


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SECTION I: LETTER OF INVITATION Kenya Electricity Generating Company PLC invites proposals from reputable consultants for the provision of CONSULTANCY SERVICES FOR KENGEN COMMERCIAL TIER IV DATA CENTER. On receipt of this RFP please inform us that you have received the letter of invitation; and whether or not you will submit a proposal for the assignment. Shortlisted Individual consultant may submit their proposal in association with other not short-listed firms. A firm will be selected under Quality and Cost Based Selection and the procedures described in this RFP. The consultancy firms will attach a declaration in the proposal, that they are not debarred from participating in procurement proceedings and that they will not engage in any corrupt practice as per the attached declaration form. The proposals must be delivered in plain sealed envelope clearly marked “REQUEST FOR PROPOSALS FOR CONSULTANCY SERVICES FOR UPDATE OF FEASIBILITY STUDY ON GEOTHERMAL POWER GENERATION FROM BRINE IN KENGEN OLKARIA FIELD” The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked “TECHNICAL PROPOSAL,” and the original and all copies of the Financial Proposal in a sealed envelope clearly marked “FINANCIAL PROPOSAL” and warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL”. Both envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other information indicated in the data sheet and be clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING COMMITTEE.”

On or before: 13th February 2020 at 10.00 a.m. Only Technical proposal shall be opened 13th February 2020 at 10.00 a.m .in the presence of the candidates’ representatives who choose to attend at KenGen Pension Plaza 2, Tender Opening Room, Ground Floor. The company reserves the right to vary the quantities. The original and three copies of the tender must be delivered to:

Company Secretary & Legal Affairs Director Kenya Electricity Generating Company PLC 10th Floor, KenGen Pension Plaza 2, Kolobot Road, Parklands P O Box 47936 - 00100 NAIROBI, KENYA

KenGen adheres to high standards of integrity in its business operations. Report any unethical behavior immediately to any of the provided anonymous hotline service. 1) Call Toll Free: 0800722626; 2) Free-Fax: 00800 007788; 3) Email: [email protected] 4) Website: www.tip-offs.com SUPPLY CHAIN DIRECTOR

mailto:[email protected]

http://www.tip-offs.com/


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SECTION 2 INFORMATION TO THE CONSULTANT

1. Introduction 1.1 KenGen, t h e C l i e n t will s e l e c t a firm, in accordance with the method of selection specified in the Data Sheet.

1.2 The Firms are invited to submit a Technical Proposal and a financial proposal, as specified in the Data Sheet for Consultancy services required for the assignment named in the Data Sheet. The proposal will be the basis for contract negotiations and ultimately for a signed contract with the selected firm.

1.3 The assignment shall be implemented in accordance with the programme indicated in the Data Sheet. When the assignment includes several phases, the performance If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award. ce of the Consultant under each phase must be to the Client's satisfaction before work begins on the next phase.

1.4 The Consultants must familiarize themselves with local conditions and take them into account in preparing their proposals. To obtain firsthand information on the assignment and on the local conditions, Consultants are encouraged to visit the Client before submitting a proposal and to attend a M AN D AT OR Y pre-proposal conference a s specified in the Data Sheet. Attending the pre-proposal conference is mandatory. The Consultant’ representative should contact the officials named in the Data Sheet to arrange for their visit or to obtain additional information on the pre- proposal conference. Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements.

1.5 The Client will provide the inputs specified in the Data Sheet. This includes provision of copies of previous study reports and data, where they exist and counterpart personnel.

1.6 Please note that (i) the costs of preparing the proposal and of negotiating the contract, including a visit to the Client, are not reimbursable as a direct cost of the assignment; and (ii) the Client is not bound to accept any of the proposals submitted.


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1.7 Client’s policy requires that Consultants provide professional, objective, and impartial advice and at all times hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of not being able to carry out the assignment in the best interest of the Client. 1.7.1 Without limitation on the generality of this rule, Consultants shall not be hired under the circumstances set forth below: (a) A firm which has been engaged by the Client to provide goods or works for a project, and any of their affiliates, shall be disqualified from providing Consultancy services for the same project. Conversely, firms hired to provide Consultancy services for the preparation or implementation of a project, and any of their affiliates, shall be disqualified from subsequently providing goods or works or services related to the initial assignment (other than a continuation of the firm’s earlier Consultancy services) for the same project. (b) Consultant or any of their affiliates shall not be hired for any assignment which, by its nature, may be in conflict with another assignment of the Consultant. 1.7.2 As pointed out in paragraph 1.7.1 (a) above, Consultants may be hired for downstream work, when continuity is essential, in which case this possibility shall be indicated in the Data Sheet and the factors used for the selection of the Consultant should take the likelihood of continuation into account. It will be the exclusive decision of the Client whether or not to have the downstream assignment carried out, and if it is carried out, which Consultant will be hired for the purpose. 1.7.3 Any previous or ongoing participation in relation to the assignment by the firm, its professional staff, or its affiliates or associates under a contract with the Client may result in rejection of the proposal. Consultant should clarify their situation in that respect with the Client before preparing the proposal.

1.8 The Client requires that Consultants observe the highest standard of ethics during the execution of this contract. In pursuance of this policy, the Client: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution; and (ii) “Fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the client, and includes collusive practices among Consultants (prior to or after


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submission of proposals) designed to establish prices at artificial, non- competitive levels and to deprive the client of the benefits of free and open competition. (b) Will reject a proposal for award if it determines that the firm recommended for award has engaged in corrupt or fraudulent activities in competing for the contract in question; (c) Will cancel the firm’s contract if it at any time determines that corrupt or fraudulent practices were engaged in by representatives of the client or of a consultant during the selection process or the execution of that contract, without the consultant having taken timely and appropriate action satisfactory to the client to remedy the situation; (d) Will declare a firm ineligible, either indefinitely or for a stated period of time, if it at any time determines that the firm has engaged in corrupt and fraudulent practices in competing for, or in executing the contract.

1.9 Consultants shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Funding agency in accordance with the above sub paragraph 1.8 (d).

1.10 Consultant shall furnish information as described in the Financial Proposal submission form (Section 4A) on commissions and gratuities, if any, paid or to be paid to agents relating to this proposal, and to execute the work if the firm is awarded the contract.

1.11 Consultants shall be aware of the provisions on fraud and corruption stated in the Standard Contract under the clauses indicated in the Data Sheet.

1.12 Environmental and Social Standards: The Consultants undertake to: (a) Comply and ensure that their Sub-consultants, if any, comply with international environmental and labour standards consistent with applicable law and regulations in the country of implementation of the Project, including the fundamental conventions of the International Labour Organisation (ILO) and international environmental treaties; (b)Adopt any environmental and social risk mitigations measures as defined in the environmental and social management plan or the notice of environmental and social impact issued by the Client

2 Clarification and Amendment Of RFP Documents

2.1 Consultant may request a clarification of any of the RFP documents up to the number of days indicated in the Data Sheet before the proposal submission date. Any request for clarification must be sent in writing by paper mail, facsimile, or electronic mail to the Client’s address indicated in the Data Sheet. The Client will respond by facsimile or electronic mail to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Consultants who intend to submit proposals.


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2.2 At any time before the submission of proposals, the Client may, for any reason, whether at its own initiative or in response to a clarification requested by, a tenderer, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by mail, facsimile, or electronic mail to all tendering Consultants and will be binding on them. The Client may at its discretion extend the deadline for the submission of proposals.

3 Technical Proposal Preparation of Proposal

3.1 Consultants are requested to submit a proposal (paragraph. 1.2) written in the language(s) specified in the Data Sheet.

3.2 In preparing the Technical Proposal, Consultants are expected to examine the documents constituting this RFP in detail. Material deficiencies in providing the information requested may result in rejection of a proposal.

3.3 While preparing the Technical Proposal, Consultant must give particular attention to the following: (i) If a Consultant considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual Consultant(s) and/or other Consultant or entities in a joint venture or subcontract, as appropriate. Consultant may associate with the other Consultants. The Consultant are encouraged to seek the participation of local Consultant by entering into a joint venture with, or subcontracting part of the assignment to, national Consultant. (ii) For assignments on a staff-time basis, the estimated number of professional staff-months is given in the Data Sheet. The proposal shall, however, be based on the number of professional staff-months estimated by the firm. For fixed- budget-based assignments, the available budget is given in the Data Sheet, and the Financial Proposal shall not exceed this budget. (iii)It is desirable that the majority of the key professional staff proposed be permanent employees of the firm or have an extended and stable working relationship with it. (iv)Proposed professional staff must, at a minimum, have the experience indicated in the Data Sheet, preferably working under conditions similar to those prevailing in Kenya. (v) Alternative professional staff shall not be proposed, and only one curriculum vitae (CV) may be submitted for each position. (vi) Reports to be issued by the Consultant as part of this assignment must be in the language(s) specified in the Data Sheet. It is desirable that the firm’s personnel have a working knowledge of the Client’s national language.

3.4 The Technical Proposal shall provide the following information using the attached Standard Forms (Section 3):


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(i) A brief description of the firm’s organization and an outline of recent experience on assignments (Section 3B) of a similar nature. For each assignment, the outline should indicate, inter alia, the profiles of the staff proposed, duration of the assignment, contract amount, and firm’s involvement. (ii) Any comments or suggestions on the Terms of Reference and on the data, a list of services, and facilities to be provided by the Client (Section 3C). (iii) A description of the methodology and work plan for performing the assignment (Section 3D). (iv) The list of the proposed staff team by specialty, the tasks that would be assigned to each staff team member, and their timing (Section 3E). (v) The list of proposed professional staff and the authorized representative submitting the proposal (Section 3F). (vi) Estimates of the total staff input (professional and support staff; staff time) needed to carry out the assignment, supported by bar chart diagrams showing the time proposed for each professional staff team member (Sections 3E and 3G). (vii) A detailed description of the proposed methodology, staffing, and monitoring of training, if the Data Sheet specifies training as a major component of the assignment. (viii) Any additional information requested in the Data Sheet.

3.5 The Technical Proposal shall not include any financial information.

3.6 In preparing the Financial Proposal, Consultants are expected to take into account the requirements and conditions outlined in the RFP documents. The Financial Proposal should follow Standard Forms (Section 4). It lists all costs associated with the assignment, including (a) remuneration for staff (foreign and local, in the field and at headquarters), and (b) reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of documents, surveys, and training, if it is a major component of the assignment. If appropriate, these costs should be broken down by activity and, if appropriate, into foreign and local expenditures.

3.7 The Financial Proposal should clearly estimate, as a separate amount, the local taxes (including social security), duties, fees, levies, and other charges imposed under the applicable law, on the Consultant, the sub- Consultant, and their personnel (other than nationals or permanent residents of Kenya), unless the Data Sheet specifies otherwise.

3.8 Consultant may express the price of their services in the currency of any country. The Consultant may not use more than three foreign currencies. The Client may require Consultant to state the portion of their price representing local cost in the national currency if so indicated in the Data Sheet.


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3.9 Commissions and gratuities, if any, paid or to be paid by Consultant and related to the assignment will be listed in the Financial Proposal submission form (Section 4A).

3.10 The Data Sheet indicates how long the proposals must remain valid after the submission date. During this period, the Consultant is expected to keep available the professional staff proposed for the assignment. The Client will make its best effort to complete negotiations within this period. If the Client wishes to extend the validity period of the proposals, the Consultant who do not agree have the right not to extend the validity of their proposals.

4 Submission Receipt, and Opening of Proposals

4.1 The original proposal (Technical Proposal and Financial Proposal; see paragraph 1.2) shall be prepared in indelible ink. It shall contain no Interlineation or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initialed by the persons or person who sign(s) the proposals.

4.2 An authorized representative of the firm initials all pages of the proposal. The representative’s authorization is confirmed by a written power of attorney accompanying the proposal.

4.3 For each proposal, the Consultant shall prepare the number of copies indicated in the Data Sheet. Each Technical Proposal and Financial

Proposal shall be marked ― ORIGINAL or - COPY as appropriate. If there are any discrepancies between the original and the copies of the proposal, the original governs.

4.4 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked “Technical Proposal,” and the original and all copies of the Financial

Proposal in a sealed envelope clearly marked ―FINANCIAL PROPOSAL and warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL. Both envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other information indicated in the Data

Sheet and be clearly marked, ― DO NOT OPEN, EXCEPT IN PRESENCE OF THE TENDER OPENING COMMITTEE.

4.5 The completed Technical and Financial Proposals must be delivered at the submission address on or before the time and date stated in the Data Sheet. Any proposal received after the closing time for submission of proposals shall be returned unopened.

4.6 After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the evaluation committee. The Financial Proposal shall remain sealed and deposited with a respectable public auditor or independent authority until all submitted proposals are opened publicly.

5 Proposal Evaluation


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General 5.1 From the time the bids are opened to the time the contract is awarded, if any Consultant wishes to contact the Client on any matter related to its proposal, he/she should do so in writing at the address indicated in the Data Sheet. Any effort by the firm to influence the Client in the Client’s proposal evaluation, proposal comparison or contract award decisions may result in the rejection of the Consultant’s proposal.

5.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded.

Evaluation of Technical Proposals

5.3 The evaluation committee, appointed by the Client as a whole, and each of its members individually, evaluates the proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, sub-criteria and point system specified in the Data Sheet. Each responsive proposal will be given a technical score (St). A proposal shall be rejected at this stage if it does not respond to important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Data Sheet.

5.4 In the case of Quality-Based Selection, Selection Based on Consultant’s Qualifications, and Single-Source Selection, the highest ranked firm or firm selected on a single-source basis is invited to negotiate its proposal and the contract on the basis of the Technical Proposal and the Financial Proposal submitted in accordance with the instructions given in paragraph 1.2 and the Data Sheet.

Public Opening and Evaluation of Financial Proposals: Ranking (QCBS, Fixed- Budget, and Least-Cost Selection Methods Only)

5.5 The procuring entity shall notify the tenderers who have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals and stating that the opening ceremony is open to those tenderers who choose to attend. The notification may be sent by registered letter, facsimile or electronic mail.

5.6 The Financial Proposals shall be opened publicly in the presence of the Consultant’s representatives who choose to attend. The name of the Consultant, the quality scores, and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of the public opening.

5.7 The evaluation committee will determine whether the Financial Proposals are complete (i.e., whether they have costed all items of the corresponding Technical Proposals; if not, the Client will cost them and add their cost to the initial price), correct any computational errors, and convert prices in various currencies to the single currency specified in the Data Sheet. The official selling rates used, provided by the source indicated in the Data Sheet, will be those in effect on the date indicated in the Data Sheet. The evaluation shall exclude


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those taxes, duties, fees, levies, and other charges imposed under the applicable law; and to be applied to foreign and non-permanent resident Consultant (and to be paid under the contract, unless the Consultant is exempted), and estimated as per paragraph 3.7.

5.8 In case of QCBS, the lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T % + Sf x P%. The firm achieving the highest combined technical and financial score will be invited for negotiations.

5.9 In the case of Fixed-Budget Selection, the Client will select the firm that submitted the highest ranked Technical Proposal within the budget (“evaluated” price). Proposals that exceed the indicated budget will be rejected. In the case of the Least- Cost Selection, the Client will select the lowest proposal (“evaluated” price) among those that passed the minimum technical score. In both cases the selected firm is invited for negotiations.

6 Negotiations 6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to reach agreement on all points and sign a contract.

6.2 Negotiations will include a discussion of the Technical Proposal, the proposed methodology (work plan), staffing and any suggestions made by the firm to improve the Terms of Reference. The Client and firm will then work out final Terms of Reference, staffing, and bar charts indicating activities, staff, periods in the field and in the home office, staff-months, logistics, and reporting. The agreed work plan and final Terms of Reference will then be incorporated in the “Description of Services” and form part of the contract. The Special attention will be paid to getting the most the firm can offer within the available budget and to clearly defining the inputs required from the Client to ensure satisfactory implementation of the assignment.

6.3 The financial negotiations will include a clarification (if any) of the firm’s tax liability in the Client’s country, and the manner in which it will be reflected in the contract; and will reflect the agreed technical modifications in the cost of the services. Unless there are exceptional reasons, the financial negotiations will involve neither the remuneration rates for staff (no breakdown of fees) nor other proposed unit rates in the cases of QCBS, Fixed-Budget Selection, and the Least- Cost Selection methods. For other methods, the firm will provide Consultant with the information on remuneration rates described in the Appendix to this information.


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6.4 Having selected the firm on the basis of, among other things, an evaluation of proposed key professional staff, the Client expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, the Client will require assurances that the experts will be actually available. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. If this is not the case and if it is established that key staff were offered in the proposal without confirming their availability, the firm may be disqualified.

6.5 The negotiations will conclude with a review of the draft form of the contract. To complete negotiations the Client and the firm will initial the agreed contract. If negotiations fail, the Client will invite the firm whose proposal received the second highest score to negotiate a Contract.

7 Award of Contract

7.1 The contract will be awarded following negotiations. After negotiations are completed, the Client will promptly notify other Consultant on the shortlist that they were unsuccessful and return the unopened Financial Proposals of those Consultants who did not pass the technical evaluation (paragraph 5.3).

7.2 The firm is expected to commence the assignment on the date and at the location specified in the Data Sheet.

8 Confidentiality 8.1 Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the Consultant who submitted the proposals or to other persons not officially concerned with the process, until the winning firm has been notified that it has been awarded the contract.


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DATA SHEET - EVALUATION CRITERIA (Pages 18 -21)

Clause Reference

1.1 (Section 2) The name of the Client is: Kenya Electricity Generating Company PLC, P.O. BOX47936 - 00100 NAIROBI KENYA

The method of selection is: Quality and Cost Based Selection.

1.2 (Section 2) Technical And Financial Proposals Are Requested In Two Separate Envelopes: Yes

The Name of The Assignment is: CONSULTANCY SERVICES FOR KENGEN COMMERCIAL TIER IV DATA CENTER

1.3 (Section 2) The assignment is phased: YES

(a) Feasibility Study (b) Planning (c) Designing (d) Project Management during the Build Stage (e) Project Commissioning (f) Uptime Certifications (g) Trainings (h) Operation, Handover, and knowledge transfer

1.4 (Section 2) A MANDATORY pre-proposal conference will be held: YES.

The name, address, and telephone numbers of the Client’s official are:

THE FINANCE & ICT Director, Kenya Electricity Generating Company PLC, P.O. BOX 47936 – 00100 NAIROBI, KENYA

Tel. +254 20 3666425 Fax +254 20 3666466

Email: [email protected]; Cc: [email protected];, [email protected];

1.5;

5.9;

(Section 2)

Section 5

The Client will provide the following inputs to the successful Consultant:

a) Working space b) Internet Access c) Staff to implement the contract d) Any relevant information/data in custody of KenGen that

may be required for the purposes of this project.

1.7.2 (Section 2) The Client envisages the need for continuity for downstream work: No 1.8;

1.9;1.11; 2.9.1(g)

(Section 2)

(Section 7)

The clauses on fraud and corruption in the Contract are in the Information to the Consultant namely clause 1.8,1.9, 1.11 and in the General Conditions of contract, namely clause 2.9.1 (g)





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2.1 (Section 2) Clarifications may be requested 7 days before the submission date. The address for requesting clarifications is: THE FINANCE & ICT Director, Kenya Electricity Generating Company PLC, P.O. BOX 47936 – 00100 NAIROBI, KENYA

Tel. +254 20 3666425 Fax +254 20 3666466

Email: [email protected]; Cc: [email protected];

[email protected];

3.1 (Section 2) Proposals should be submitted in the following language: English

3.4 (Section 2) (vii) Training is a specific component of this assignment: Yes

3.7 (Section 2) Taxes: Applicable taxes indicated separately from bid price:

Value Added Tax (VAT) and Withholding tax on remuneration.

3.8 (Section 2) Consultant to state local cost in the national currency: Yes.

3.10 (Section 2) Proposals must remain valid 120 (One Hundred and Twenty) days after the submission date.

4.3 (Section 2) Consultant must submit an original and 3 (Three) additional copies of each proposal clearly marked:

4.4 (Section 2) (Section 1)

The proposal submission address is:

Company Secretary & Legal Affairs Director Kenya Electricity Generating Company PLC 10th Floor, KenGen Pension Plaza II Kolobot Road, Parklands P O Box 47936 - 00100 NAIROBI, KENYA

Information on the outer envelope should also include: “KGN-IT-02-2020 - REQUEST FOR PROPOSALS (RFP) FOR CONSULTANCY SERVICES FOR KENGEN COMMERCIAL TIER IV DATA CENTER”.

4.5 (Section 2) Proposals must be submitted no later than the following date and time:

Date: on 13th February 2029 at 10.00 a.m.

5.1 (Section 2) The address to send information to the Client is:

THE FINANCE & ICT Director, Kenya Electricity Generating Company PLC, P.O. BOX 47936 – 00100 NAIROBI, KENYA

Tel. +254 20 3666425 Fax +254 20 3666466

Email: [email protected]; Cc: [email protected]; [email protected];

5.7 (Section 2) The single currency for price conversions is: Kenya Shilling.

The source of official selling rates is: Central Bank of Kenya.

The date of exchange rates is: The Submission Closing Date.








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5.8 (Section 2) The formula for determining the financial scores is the following:

Sf = 30 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration.

The weights given to the Technical (T) and Financial (P) Proposals are: T= 80% and P= 20%

6.1 (Section 2) The address for negotiations is:

Company Secretary & Legal Affairs Director Kenya Electricity Generating Company PLC 10th Floor, KenGen Pension Plaza II Kolobot Road, Parklands P O Box 47936 - 00100 NAIROBI, KENYA

7.2 The assignment is expected to commence on: After signing of the Contract.

MANDATORY/PRELIMINARY EVALUATION BASED ON PASS/FAIL CRITERIA

1) Certificate of Registration/Incorporation where Applicable 2) List of directors, shareholders and beneficial owners 3) Duly filled stamped and signed technical proposal form 4) Tender validity 180 days 5) Submission of a valid bid bond of Ksh 2,000,000 (Two Million) the

bid bond must be valid for at least 30days beyond the tender validity period.

6) Dully filled and stamped Confidential business questionnaire 7) Addendum(s)/Clarification(s) issued must be attached 8) Proof of attendance of pre- bid conference 9) Submission of an original and two copies of the technical proposal. 10) Submission of a filled and signed technical proposal submission

form in the technical proposal(s). 11) Submission of an original and two copies of the financial proposal

dully signed and marked: DO NOT OPEN WITH TECHNICAL PROPOSAL.

12) Show proof of engagement of local Consultants either through consortium or joint ventures in sourcing of at least forty percent of local supplies/professional content from citizen contractors prior to

submission of this bid. 13) Name the Tier IV Data Center where you completed TCDD. 14) Name the Tier IV Data Center where you completed TCCF. 15) Name the Tier IV Data Center where you completed TCOS. 16) Provide Name, Title, Address, Email and telephone/mobile contacts

of the references of each Data Center where you participated Tier IV work above.

17) Confirm that this work has been certified by Uptime Institute (attach proof).

18) For each Tier IV Certification submit a copy of the plaque.


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TECHNICAL EVALUATION OF THE FIRM A. PROOF OF REQUISITE EXPERIENCE OF THE FIRM IN TIER III & ABOVE

DATA CENTERS – 60 MARKS

1. Evidence of interest from an anchor client for this project

a) Over 2 clients – 5 marks b) 1 client – 4 marks

2. Evidence of engaging a Data Center Operator for this project

(teaming agreement) a) 1 Operator – 10 marks b) No operator– 0 mark

3. Evidence of engaging a Telecommunication Infrastructure

International Carrier for this project a) 3 - 5 International Carriers – 7 marks b) 1 - 2 international Carrier – 3 marks

4. Evidence of engaging a Reputable Local Internet Service Provider

for this projects a) 3 – 5 ISP – 5 marks b) 1 – 2 ISP – 3 Marks

5. Evidence of previous operation and management of a Commercial

Tier III Data Center or above for at least 10 years a) Tier IV Data Center – 7 marks b) Tier III Data Center – 4 Marks

6. Evidence of previous collaboration/relationship with a Global

Hyper Scale Cloud Provider a) 2- 3 Global Hyper Scale Cloud Provider – 5 marks b) 1 Global Hyper Scale Cloud Provider – 4 marks

7. Evidence of Certification in ISO 27001 and PCI-DSS – 5 marks

8. Demonstrated proof of operator in managing Carriers and

Network Service Providers including a relationship with IXP:

a) Managing Carrier and Network Service Providers including a relationship with IXP for10 years and above – 7 marks

b) Managing Carrier and Network Service Providers including a relationship with IXP between 8-10 years – 4 marks

9. NET WHOLESALE PRICE (USD) PER RACK PER MONTH as per Data Center Operators bid (KenGen plans for at least 1000 rack space). The Highest bidder shall obtain maximum marks – (20


17

marks), the other lower bids shall be a ratio to the highest bidder.

10. Demonstrated proof of designing and managing Tier IV Data Center Projects according to Uptime Institute standards of tier certifications

a) 3 – 5 projects – 7 marks b) 1- 2 projects – 4 marks

11. Proof of registering Tier III and/or Tier IV Data Centers with

Uptime Institute at different levels of certification a) At least 3 and above Tier III and/or Tier IV Data Centers –

7 marks b) 1 – 2 Tier III and/or Tier IV Data Centers – 4 marks

12. Evidence of previous works in planning, managing and commissioning of Greenfield Medium to Large Scale Data Center projects (500 Racks and above Data Center Projects)

a) 3 – 5 projects – 5 marks b) 1-2 projects – 4 marks

13. Promotion of the local industry, (using local content form provided), creation of local employment and sourcing of supplies within Kenya in accordance with Public Procurement and Asset Disposal Act (PPADA), 2015.

a) 80 - 100% of value of works – 10 Marks b) 60- 79% - 8 marks c) 40 - 59% - 4 marks d) 30- 39% - 2 marks e) Below 30 - 1 mark

TECHNICAL EVALUATION OF THE PROJECT STAFF

B. PROJECT TECHNICAL TEAM REQUISITE QUALIFICATIONS & EXPERIENCE – 40 marks

I. The Consultant SHALL provide details of the proposed personnel, certified copies of certificates, signed CVs, and evidence of relevant professional registration.

II. Email and telephone contacts for personnel whose CVs have been included in the bid shall be provided in the bid document.

III. The Consultants SHALL NOT be allowed to replace personnel whose CV has been submitted without prior approval of KenGen. In the event of such an occurrence, the replacement shall be of same or higher qualifications required.

IV. Failure to provide evidence of professional registration SHALL attract a zero (0) score.

V. Where a professional has been indicated as Local (Kenyan Citizen), the bidder SHALL present CVs of the local professional, failure to which it shall attract a Zero (0) score.

No. Description Points Bidder

Compliance


18

1.

Uptime Institute Certifications

• Minimum of 5 x Accredited Tier Designer (ATD) from the

Uptime Institute.

10

2.

Data Center Physical Infrastructure Certifications

• 4 x Certified Data Centre Professional (CDCP) or

equivalent

• 4 x Certified Data Centre Expert (CDCE) or equivalent

• 4 x Certified Data Centre Facilities Operations

Management (CDFOM) or equivalent

• 2 x Data Center Design Consultant (DCDC) from a

relevant certifying institute

• 1 x Registered Communication Distribution Designer

(RCDD) from a relevant certifying institute

8 8 8 4 2

3.

Project Management Certifications

• 2 x Professional Project Managers (PMP with PMI) 10

4.

Engineer Qualifications

• 2 x BSc Electrical Engineering, membership with Engineers

Board of Kenya (EBK) or equivalent Engineering registration

body. Must have more than 5 years’ experience in designing

electrical systems with high capacity for buildings and

mission critical Data Centre facilities

• 1 x BSc Mechanical Engineering must have more than Five

(5) years of experience, a member of the Engineers Board of

Kenya (EBK) or equivalent Engineering registration body.

• 1 x Physical security Certification professional with more

than 5 years’ experience; must demonstrate credentials and

experience in physical security assessment, application,

design, integration of physical security systems and

implementation of security measures such as Emergency

disaster recovery, risk assessment and mitigation

• 1 x Software Engineer with proof of more than 5 years’

experience in IOT solutions, must have ability to assess,

design and recommend relevant applications with analytics

3 3 2 2


19

to integrate all the sub-sub systems as well as asset tagging

solutions to efficiently keep track of critical Data Centre

assets with reporting real-time item disposition

• 1 x Architect (Bachelor’s degree in Architecture) with more

than 5 years’ experience in building design development,

contract administration & management and site supervision.

The Architect must also be a registered Architect with the

Board of Registration of Architects and Quantity Surveyors

(BORAQS) or equivalent Registration body

• 1 x Quantity Surveyor (Bachelor of Quantity surveying)

with more than 5 years’ experience working through the

full life cycle of construction and infrastructure projects.

Must have experience in financial planning of construction,

effective cost management, control of budgets for building

and engineering in similar projects. Must also be a

registered Quantity surveyor with the Board of Registration

of Architects and Quantity Surveyors (BORAQS) or

equivalent Registration body

• 1 x Civil & Structural Engineer (BSc Civil & Structural

Engineering) with more than 5 years’ experience in

planning, designing and overseeing construction and

maintenance of buildings and infrastructure including but

not limited to roads, power, water and sewer systems. Must

be registered with the Engineers Board of Kenya (EBK) or

equivalent professional body

• 1 x Engineering Geologist (BSc Geology) with more than five

(5) years’ experience in construction projects, identifying

the geological factors that could affect construction projects,

analyzing ground materials to assess their risk factors and

advise on the best procedures for developments and the

suitability of construction materials. Must have experience

in collecting, analyzing & collecting data, assessing, using

and analyzing site information such as such as radar images,

aerial photographs, reports and geological maps.

3 2 2 3


20

5.

Facility Certifications

Bidder shall demonstrate experience in seeking and attaining

similar data center facility certifications including:

• Uptime Institute Tier Certification of Design Documents

(TCDD), Constructed Facility (TCCF) and Operational

Sustainability (TCOS)

• ISO27001 certification for establishing, implementing,

maintaining and continually improving an Information

Security Management System (ISMS)

• Payment Card Industry Data Security Standard (PCI DSS)

• International Standard on Assurance Engagements (ISAE

3402); OR Statement on Standards for Attestation

Engagements no. 16 (SSAE 16)

8 8 7 7

Total marks 100

The minimum technical score St required to pass is: 80 Points

FINANCIAL EVALUATION

The formula for determining the financial scores is the following: Sf = 30 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration. The weights given to the Technical (T) and Financial (P) Proposals are: T= 80% and P= 20% NOTE: The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T % + Sf x P%. The firm achieving the highest combined technical and financial score will be invited for negotiations.


21

SECTION 3: TECHNICAL PROPOSAL - STANDARD FORMS 3A. Technical Proposal submission form.

3B. Firm’s references.

3C. Comments and suggestions of Consultant on the Terms of Reference and on data,

services, and facilities to be provided by the Client.

3D. Description of the methodology and work plan for performing the assignment.

3E. Team composition and task assignments.

3F. Format of curriculum vitae (CV) for proposed professional staff.

3G. Time schedule for professional personnel.

3H. Activity (work) schedule.

3I. Knowledge transfer (training) program


22

3A. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Ladies/Gentlemen:

We, the undersigned, offer to provide the Consultancy services for [Title of

Consultancy services] in accordance with your Request for Proposal dated [Date] and our

Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal,

and a Financial Proposal sealed under a separate envelope.

If negotiations are held during the period of validity of the Proposal, i.e., before [Date]

we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us

and subject to the modifications resulting from Contract negotiations.

We understand you are not bound to accept any Proposal you receive. We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:

Name of Firm:

Address:


23

3B. FIRM’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firm/entity, either individually as a corporate entity or as one of the major companies within an association, was legally contracted.

Assignment Name: Country:

Location within Country: Professional Staff Provided by

Your Firm/Entity(profiles):

Name of Client: No

of Staff:

Address: No

of Staff-Months; Duration of

Assignment:

Start Date (Month/Year): Completion Date

(Month/Year):

Approx. Value of Services (in

Current US$):

Name of Associated Consultant, If Any: No

of Months of Professional

Staff Provided by Associated

Consultant: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions

Performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Firm’s Name:


24

3C. COMMENTS AND SUGGESTIONS OF CONSULTANT ON THE TERMS OF REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE CLIENT

On the Terms of Reference:

1.

2.

3.

4.

5.

On the data, services, and facilities to be provided by the Client:

1.

2.

3.

4.

5.


25

3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING

THE ASSIGNMENT


26

3E. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Professional Staff

Name Position Task

2. Support Staff

Name Position Task


30

3F. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use about half a page.]


31

Education:

[Summarize college/university and other specialized education of staff member, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.]

Languages:

[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Date:

[Signature of staff member and authorized representative of the firm] Day/Month/Year

Full name of staff member:

Full name of authorized representative:


32

3G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Name Position Reports

Due/Activities

1 2 3 4 (4) Number of Months

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Full-time: Part-time: Reports Due:

Activities Duration:

Signature: (Authorized representative)

Full Name:

Title:

Address:


33

3H. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items

1st

2nd

3rd

4th

(4) th

Activity (Work)

B. Completion and Submission of Reports

Reports Date

1. Inception Report

2. Monthly Progress Reports

3. Draft Final Report

4. Final Report


34

SECTION 4: FINANCIAL PROPOSAL - STANDARD FORMS

4A. Financial Proposal submission form.

4B. Summary of costs.

4C. Breakdown of price per activity.

4D. Breakdown of remuneration per activity.

4E. Reimbursable per activity.

4F. Miscellaneous expenses.


35

4A. FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Ladies/Gentlemen:

We, the undersigned, offer to provide the Consultancy services for [Title of Consultancy services] in accordance with your Request for Proposal dated [Date] and our Proposal (Technical and Financial Proposals). Our attached Financial Proposal is for the sum of [Amount in words and figures]. This amount is exclusive of the local taxes, which we have estimated at [Amount(s) in words and figures].

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e., [ Date].

Commissions and gratuities, if any, paid or to be paid by us to agents relating to this

Proposal and Contract execution, if we are awarded the Contract, are listed below:

Name and Address of Agents

Amount and

Currency

Purpose of Commission or Gratuity

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:

Name of Firm:

Address:


36

4B. SUMMARY OF COSTS

Costs Currency(ies)11 Amount(s)

Subtotal

Local Taxes

Total Amount of Financial Proposal

1 Maximum of three currencies plus the local currency.


37

4C. BREAKDOWN OF PRICE PER ACTIVITY

Activity No.:

Activity No.:

Description:

Price Component Currency(ies) Amount(s)

Remuneration

Reimbursables

Miscellaneous Expenses

Subtotal


38

4D. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No. Name:

Names Position

Input2

2

Remuneration

Currency(ies) Rate Amount

Regular staff

Local staff

Consultant

Grand Total

2 Staff months, days, or hours as appropriate.


39

4E. REIMBURSABLES PER ACTIVITY

Activity No: Name:

No. Description Unit Quantity Unit Price In Total Amount In

1.

2.

3.

4.

5.

International flights

Miscellaneous travel expenses

Subsistence allowance

Local transportation costs3

Office rent/accommodation/

clerical assistance

Grand Total

Trip

Trip

Day

3

Local transportation costs are not included if local transportation is being made available by the Client. Similarly, in the project site, office re nt/accommodations/clerical

assistance costs are not to be included if being made available by the Client.


40

4F. MISCELLANEOUS EXPENSES

Activity No. Activity Name:

No.

1.

2.

3.

4.

Description

Communication costs between

and

(Telephone, telegram, fax) Drafting,

reproduction of reports

Equipment: vehicles, computers, etc.

Software

Grand Total

Unit Quantity Unit Price Total Amount

41

CONSULTANCY SERVICES FOR KENGEN COMMERCIAL TIER IV DATA CENTER

SECTION 5: TERMS OF REFERENCE 5.1 Background, Kenya Electricity Generating Company Limited (KenGen) is the leading electric power generation

company in Kenya, producing about 60 percent of the country’s total electricity consumption. The

company aims to be a leader in the provision of reliable, safe, quality and competitively priced

electric energy in the Eastern Africa region using state of the art technology, skilled and motivated

human resource to ensure financial success.

KenGen developed the Good 2 Great (G2G) transformation strategy in 2007 in order to achieve its

vision and to transform into a high performing organization. The G2G strategy objectives include

stabilizing the power situation in Kenya, create sustainable power growth, explore expansion

opportunities to drive growth beyond Kenya, and become a regional leader in technology and

innovation. As part of its strategy, KenGen, under Revamped Horizon II G2G Strategy, set up an

entity to grow revenue and maximize shareholders value by diversifying its business portfolio and

introducing non-generation projects. This entity will evaluate and harness investment

opportunities with a focus on business investments aligned with KenGen’s strategic goals.

Given the increasingly digital nature of modern businesses and all the emerging possibilities

including Cloud, Artificial Intelligence, Machine Learning, IoT and Big Data Analytics; KenGen

wants to set up a colocation data center in Kenya to address this growing need in the market. This

would be a world class hyper-scale facility to provide unrivalled service for the African market.

To this end, KenGen intends to engage the services of a reputable Consultant with both local and

global footprint to guide and oversee the entire lifecycle deployment of a mission critical Tier IV

colocation Data Centre. This document outlines the requirements and prerequisites for the

interested Bidders.

5.2 Objectives of the assignment,

KenGen plans to build a new Tier IV Data Centre that can host mission critical systems and provide

colocation, business continuity and managed services facilities to local and international

organizations; as an additional and diversified revenue stream. KenGen is therefore seeking a

qualified Consultant with both local and global presence to drive the process throughout the data

center lifecycle including:

• Planning

• Designing

42


• Project Management during the build stage

• Uptime Certifications: TCDD, TCCF, TCOS.

• Trainings

• Project Commissioning

• Knowledge Transfer to KenGen Staff

This tender is intended to lead to the identification of qualified Consultants that can demonstrate sufficient capability to provide the desired solution that meets KenGen’s expectations.

5.3 Scope of the Services,

The successful consultant must be able to work at each stage of the data center lifecycle: Plan,

Design, Implement, Operate and Maintain. The scope of work for the consultant shall include, but

not limited to:

1. Meet with project stakeholders and determine requirements / specifications.

2. Present an Inception Report to KenGen Management Report providing;

- an improved understanding and agreement of project goals and objectives

- project implementation modality at project site

- multiyear workplan and budget

3. Site selection and identification of land that is suitable for the project

4. Identify and detail the project lifecycle by describing the different stages including

deliverables at each stage, specifications and timelines. Prepare a schedule of completion of

these various stages.

5. Facilitate registration of the project with Uptime Institute and establish necessary

communication between KenGen and Uptime relating to exchange of design documents,

project inspections/audits, certifications, trainings and necessary consultative visits

6. Lead and coordinate certification by Uptime Institute including preparation of required

documentation. This shall cover the facility lifecycle as:

• Tier Certification of Design Documents (TCDD) after design stage

• Tier Certification of Constructed Facility (TCCF) after construction stage.

• Tier Certification of Operational Sustainability (TCOS) after one (1) year of operation.

7. Provide the complete design and technical specifications for the entire facility and data

center physical infrastructure including Structural, power, cooling, physical security,

communication cabling, fire protection civil works and environmental monitoring systems.

This shall form the technical requirements for the implementation contractor.

8. Prepare the Request for Proposal (RFP) for the contractors

9. Evaluation and recommendation of qualified bidders for the implementation of the project.

43


10. Project management during the entire lifecycle including site supervision, site coordination

and management of the project.

11. Ensure complete and proper site commissioning, knowledge transfer and site handover

post-construction of the facility.

12. Achieve project closure and prepare the final As-built specification/data sheet of the

Facility, including the energy usage report of the facility.

13. Operation and maintenance of the facility for five (5) years post implementation.

5.4 Scope Compliance The eligible Consultants should comply to the following scope requirements for bidding. Self-

attested copies of all supporting documents should be submitted with the bid. Bidders shall clearly

indicate their compliance with the following minimum requirements.

Compliance Matrix

No. Project Stage Deliverables Requirement Bidder Compliance

1. PLANNING

a) Feasibility Study:

• Understand and document the

market expected performance of a

Tier IV Data Centre and the driving

factors related to this kind of

investment.

• Comparative qualitative /

quantitative analysis of Tier IV

design solutions in terms of

availability, total cost of ownership

(TCO) and Return on Investment

(ROI). The expectation by the

management is that the qualifying

consultant will show clearly the

business case at this stage whether

it is worthwhile for KenGen to

venture into this area, and all

possible revenue streams that

would be resultant from this

investment.

• Project budgeting, financing and

life cycle cost studies including

44


Total Cost of Ownership (TCO) and

Return on Investment (ROI),

• Define data center target market

segments in the study. Describing

clearly the well-researched

viability of the project in meeting

the business requirements of

KenGen as a revenue generating

investment.

• Site selection process including

location vetting and identification,

environmental & social impact

assessment, risk analysis,

accessibility of site, geographical

location of the site including

features such as Natural hazards

(floods, hurricanes, Tornados etc),

climatic conditions to determine

what kind of cooling and energy

management technologies would

be supported. Site selection should

also consider other factors such as

cost of living for staff and vendors,

telecommunication infrastructure

i.e the local and international

carriers in the vicinity and their

support and service model.

Meeting all relevant factors as

stipulated in the standards for Tier

IV Data Center.

• Ensure the project meets the

relevant regulatory requirements

in the area and nation by engaging

county / national governments and

utility companies (water, electrical)

for all project requirements

45


including application for permits

during project lifecycle.

• Present a high level design with

recommendations regarding the

size, capacity, architecture as well

develop a basis of design with

fundamental technical

requirements: i.e. Tier level,

redundancy of power (UPS,

generator) & cooling systems, IT

capacity (initial & future), rack

quantity & density, white space

area, growth plan (phases) and key

technologies required e.g. free

cooling, green energy etc.

b) Identify and engage local /

international clients, including a

committed hyper-scale anchor client,

Data Center Operator who will be

ready to commit and sign a

Memorandum of Understanding

(MOU) with KenGen. The Anchor

client and Data Center Operator

preferably should be present during

presentation of feasibility study

findings to KenGen management

c) Identify and qualify an experienced

marketing entity to sell data center

space to the international and local

clients. Ensuring commissioned based

engagement.

d) Identify and engage multiple diverse

service and access providers (local and

international) to provide carrier-

neutral connections for high

46


availability of services locally and

internationally.

e) Create a comprehensive Inception

Report on the business case and

confirmation of the goals and

objectives of the project.

f) Present the Inception Report to KenGen

Management, ?

2. DESIGNING

a) Plan and hold a stakeholders’

conference to discuss the roadmap of

the project and gather requirements

from stakeholders including but not

limited to the KenGen Team, the

anchor client and Internet Service

Providers

b) Design the Data Centre to meet the

business need as per Uptime Institute’s

Tier IV rating, these will include;

• 3D architectural layouts and

schematic drawings of the

building facility to meet Uptime

Tier IV requirements

• The data centre’s space layout

and IT resources based on the

client’s planned capacity,

workspaces and entire

infrastructure to run the facility

services

• Electrical Line diagrams and

design of Electrical distribution

and power backup systems

such as Electrical distribution

boards, UPS, Generator and

inverter systems

• Mechanical single line

diagrams for Data Centre

47


cooling systems, Lifts, Fire

Detection, suppression and

evacuation system

• Outside plant

telecommunication system

design

• Cabinet and Rack Elevation

layout

• Cable Pathway design layouts

c) Get Tier IV Certification of Design

Documents from Uptime Institute.

Design documents submitted for Tier

Certification shall reflect the intended

construction and implementation.

Thus, the design drawing package shall

reflect phasing and capacities.

d) Tendering Process:

• Preparation of tender

documentation including

description of intent for the project,

uptime certified designs

documents, Bills of Materials/

Quantities(BoQ/BoM), technical

specifications, bidder qualifications

and general mandatory

requirements as required by tender

process

• Advertisement of the tender and

request for proposals from eligible

bidders

• Shortlisting, evaluation and

selection of the contractors in

collaboration KenGen stakeholders

• Preparation of the project scope

and schedule of works

48


• Project team composition and

organization for delivery of the

project

3. IMPLEMENTATION

a) Project Management services to ensure

time, cost, and functionality are met

according to the design. Incudes

managing performance of the delivery

team and overall quality management.

Includes time, cost, people, quality,

change & risk management.

b) Complete five (5) level project

commissioning including:

• Level 1 – Equipment in-factory

testing and certification.

• Level 2 – After equipment

installation has been completed and

start-up activities are satisfactorily

completed by the factory

technicians.

• Level 3 – Component-level testing.

Individual system components, e.g.

a single generator, UPS, or Lift etc

are tested.

• Level 4 – System Functional &

Operational Testing

• Level 5 – Whole Building Testing.

c) Project Construction Documentation:

• As-built drawings

• Construction change orders

• Construction administration

reports

• Test reports

• Punch-list reports

• Operations and maintenance

(O&M) manuals

49


• Close-out, sign-off, and acceptance

certificates

• Certificate of occupancy

d) Get Tier IV Certification of Constructed

Facility from Uptime Institute. Tier

Certification of Constructed Facility

shall reflect the constructed

environment, including the Tier and

capacity of the equipment installed at

the time of the site visit and

demonstrations to uptime. The award

shall specify any relevant phase, room,

pod, module, or other nomenclature to

differentiate from previous or future

infrastructure not verified directly by

Uptime Institute.

4.

COMMISSIONING, OPERATIONS & MAINTENANCE

a) Knowledge transfer to KenGen staff for

five (5) years from project

commissioning to ensure effective

skills acquisition.

b) Facilitate relevant data center physical

infrastructure training covering the

data centers complete lifecycle over a

five (5) year period. Note this shall

include certifications in the

Certifications Compliance Section of

this document.

c) Operation & Maintenance

Documentation

• Ongoing change management

documentation, including system

inventories & configuration

databases.

• Relocation planning

documentation such as equipment,

50


system, and application

inventories, including system and

application dependencies.

d) Get Tier IV Certification of Operational

Sustainability from Uptime Institute.

Tier Certification of Operational

Sustainability shall reflect the facility

management operations reviewed

during the site visit by Uptime. The

award shall specify any relevant phase,

room, pod, module, or other

nomenclature to differentiate from

facility management operations not

verified directly by Uptime Institute.

5.5 Professional Team Composition

The consultant shall assemble a professional team and identify the appropriately certified

individuals – as per Certification Requirements Compliance section above – with the necessary

experience in order ensure the successful delivery of the data center.

The following project team and associated skillset shall be required in order to effectively deploy

the project; the consultant will therefore be required to constitute and present the team with

following skill sets;

1. Accredited Tier Designer

2. Certified Data Centre Professional (CDCP)

3. Certified Data Centre Expert (CDCE)

4. Certified Data Centre Facilities Operations Management (CDFOM)

5. Data Center Design Consultant (DCDC)

6. Registered Communication Distribution Designer (RCDD)

7. Electrical Engineer

8. Mechanical Engineer

9. Civil Engineer

10. Structural Engineer

11. Architect

51


12. Geologist

13. Physical Security specialist

14. Quantity Surveyor

15. Software Engineer

16. Project Manager

52


5.6 Appendix

Glossary

Certification Description

Accredited Tier Designer (ATD)

This course will provide instruction to design professionals, in the context

of real-life designs, on practical application of the Tiers, including common

issues and misconceptions.

Building Industry Consulting Service International (BICSI)

BICSI is a global professional association supporting the advancement of the

information and communications technology (ICT) community. It provides

education / training, conferences / events, credentials and certification

programs, standards, best practices, reference manuals and community and

membership.

Certified Data Center Expert (CDCE)

CDCE is the premier certification for data center professionals in the data

center design/build and related fields. This course is designed to prepare

participants to analyze a given business case and perform technical

evaluation for a project plan and a set of designs for implementation of a

mission critical data center

Certified Data Centre Facilities Operations Management (CDFOM)

This course is designed to expose participants to in-depth knowledge about

managing data center operation which includes the following key subject

matters such as; capacity planning, latest green initiatives, how to properly

commission and de-commission equipment, compliance to safety standards,

statutory compliance and international standards, managing people.

Additionally vendor management, handling incident/crisis management as

well the how to keep operations really simple, manageable, effective and

efficient will receive full attention in this course.

Information Technology Infrastructure Library (ITIL)

ITIL, formally an acronym for Information Technology Infrastructure

Library, is a set of detailed practices for IT service management (ITSM) that

focuses on aligning IT services with the needs of business

ISO 27001

An internationally recognized best practice framework that specifies the

requirements for establishing, implementing, maintaining and continually

improving an Information Security Management System (ISMS). ISMS is a

systematic approach to managing sensitive company information including

people, processes and IT systems.

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International Standard on Assurance Engagements (ISAE 3402)

ISAE 3402 was developed by the IAASB (International Auditing and

Assurance Standards Board), but it is also supported by the IFAC

(International Federation of Accountants). It supersedes SAS 70 and puts

more emphasis on procedures for the ongoing monitoring and evaluation

of controls. A ISAE 3402 or SSAE 16 engagement is an examination

(similar to an audit) of a description produced by the service organization

of the system(s) they operate on your behalf which are relevant to your

internal control processes.

PCI Data Security Standard (DSS)

The PCI Security Standards Council offers comprehensive standards and

supporting materials to enhance data security for payment cards. They

include a framework of specifications, tools, measurements and support

resources to help organizations ensure the safe handling of cardholder

information at every step. The keystone is the PCI Data Security Standard

(PCI DSS), which provides an actionable framework for developing a

robust payment card data security process, including prevention, detection

and appropriate reaction to security incidents

Statement on Standards for Attestation Engagements (SSAE) No. 16

SSAE No. 16, Reporting on Controls at a Service Organization, was

finalized by the Auditing Standards Board of the American Institute of

Certified Public Accountants (AICPA) in January 2010. SSAE 16 effectively

replaces SAS 70 as the authoritative guidance for reporting on service

organizations. SSAE 16 was formally issued in April 2010 and became

effective on June 15, 2011.

Uptime Institute

As an independent advisory organization, Uptime Institute is focused on

improving the performance, efficiency, and reliability of the business

critical infrastructure that underlies today’s global information economy.

Uptime Institute is recognized worldwide for the creation and

administration of the Tier Standards & Certifications for Data Centre

Design, Construction (Facility) and Operational Sustainability.

5.7 Training

The Consultant prepare a training program and recommend relevant trainings to build capacity for KenGen staff ear-marked to manage and ?

5.8 Reports and Time Schedule,

The consultant selected shall establish and define channels of communication with Uptime relating to exchange and delivery of design documents, documents reviews, project inspections and audits, certification processes,

5.9 Data Services, Personnel and Facilities to be provided by the Client,

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The winning Consultant shall facilitate formal registration of the project with Uptime Institute. KenGen, with the advice of the Consultant, shall nominate and compose Contract Implementation Team (CIP) to spear-head the Project. The Consultant shall advise on the skills matrix required of the CIT

5.10 Terms of Payment. The Consultant’s total remuneration shall not exceed Contract Price and shall be a fixed lump- sum including all staff costs, Sub consultants’ costs, printing, communications, travel, accommodation, withholding tax, Value Added Tax and disbursements incurred by the Consultant in carrying out the Services.

The Contract Price may only be increased above the amounts stated in Clause 1.1 (c) if the Parties have agreed to additional payments in accordance with Clause 4.2 (b) of the General conditions of contract.

5.11 Improvement Of Terms Of Reference (ToR) Whereas an attempt has been made to provide a comprehensive list, any error or omission resulting should be exempted. The Consultant may offer suggestions and improvements on the Terms of Reference, which they consider would result in enhancements of the results of the study. Such proposals, if accepted, will form part of the Terms of Reference of the proposals submitted by the consultant. The effect on time and cost estimates given under the above clause shall be clearly identified. The consultant shall abide by this requirement. Any amendments made by the consultant on the terms of reference will be included in the document.

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SECTION 6: CONTRACT AGREEMENT

THIS AGREEMENT made on the day of 2017 between Kenya Electricity Generating Company Limited of P.O. Box 47936 - 00100 Nairobi, Kenya

(hereinafter called the ― Client) of the one part and of P.O.

Box

other part:

(hereinafter referred to as the ― Consultant) of the

WHEREAS the Client invited bids for the C O N S U L T A N C Y S E R V I C E S F O R K E N G E N C O M M E R C I A L T I E R I V D A T A C E N T E R and the Consultant accepted to provide these services for a consideration of a sum of

( ) inclusive of all applicable taxes

(hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.

2. The documents in this section shall constitute an integral part of the Contract and shall be

interpreted in the following order of priority; (a) This Contract Agreement;

(b) The Client’s Notification of Award and Letter of Acceptance;

(c) Special Conditions of Contract and Appendices; (d) General Conditions of Contract;

(e) Client’s Request for Proposal; and

(f) Consultant’s Proposal.

3. In consideration of the payments to be made by the Client to the Consultant as hereinafter mentioned, the Consultant hereby covenants with the Client to provide the services and to

remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Client hereby covenants to pay the Consultant in consideration of the provision of the services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

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IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written.

Signed by, for and on behalf of the Client

Rebecca Miano: Managing Director & CEO

Kenya Electricity Generating Company PLC

In the presence of:-

Paul Ndungi: Company Secretary & Legal Affairs Director

Kenya Electricity Generating Company PLC

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Signed by, for and on behalf of the Consultant

Name:

Title:

(Consultant Firm)

in the presence of

Name:

Title:

(Consultant Firm)

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SECTION 7: GENERAL CONDITIONS OF CONTRACT

1.0 General Provisions 1.1 Definitions Unless the context otherwise requires, the following

terms whenever used in this Contract have the following meanings: (a) “Applicable Law” means the laws and any other instruments having the force of law in Kenya. (b) “Contract” means the Contract signed by the Parties, to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause 2 of such signed Contract Agreement; (c) “Contract Price” means the amount specified in the Special Conditions of Contract [SC]) (d) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1; (f) “GC” means these General Conditions of Contract; (g) “Government” means the Government of the Republic of Kenya; (i) “Member,” in case the Consultant consist of a joint venture or a consortium of more than one entity, means any of these entities; and “Members” means all these entities; (j) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them; (k) “Personnel” means persons hired by the Consultant or by any Subcontract or Sub-consultancy or as employees and assigned to the performance of the Services or any part thereof; (l) “Foreign Personnel” means such persons who at the time of being so hired had their domicile outside Kenya; (m) “Local Personnel” means such persons who at the time of being so hired had their domicile inside Kenya; and (n) “Key Personnel” means the Personnel referred to in Clause GC 4.2(a); (o) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented; (p) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto; (q) “Sub-consultant” means any person or entity to whom/which the Consultant subcontracts or sub-

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consults any part of the Services in accordance with the provisions of Clause GC 3.7. (r) “Third Party” means any person or entity other than the Government, the Client, the Consultant or a Subcontractor and/or Sub-consultant.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent as between the Client and the Consultant. The Consultant, subject to this Contract, has complete charge of Personnel and Subcontract/Sub- consultant, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law

1.3 Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.

1.4 Language This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.5 Headings The headings shall not limit, alter or affect the meaning of this Contract.

1.6 Notices 1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail or facsimile to such Party at the address specified in the SC. 1.6.2 Notice will be deemed to be effective as specified in the SC. 1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2.

1.7 Location The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in Kenya or elsewhere, as the Client may approve.

1.8 Authority of Member in Charge

In case the Consultant consists of a joint venture or consortium of more than one entity, the Members hereby authorize the entity specified in the SC to act on their behalf and to make all official communication under this Contract to the Client and the main contact entity for the Consultant, including

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without limitation the receiving of instructions on behalf of the Consultant, communicating any response on behalf of the Consultant and invoicing the Client in relation to all the Consultant Members.

1.9 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SC.

1.10 Taxes and Duties Unless otherwise specified in the SC, the Consultant, Sub-Consultant and Personnel shall pay such taxes, duties, fees and other impositions as may be levied under the Applicable Law. The Client shall withhold taxes from payments to the Consultant where applicable and issue the Consultant with withholding tax certificates.

2.0 Commencement, Completion, Modification and Termination of Contract 2.1 Effectiveness of

Contract This Contract shall come into force and effect on the date (the “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC have been met.

2.2 Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as shall be specified in the SC, either Party may, by not less than four (4) weeks’ written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.

2.3 Commencement of Services

The Consultant shall begin carrying out the Services at the end of such time period after the Effective Date as shall be specified in the SC.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall terminate at the end of such time period after the Effective Date as shall be specified in the SC.

2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.

2.6 Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party.

2.7 Force Majeure 2.7.1 Definition For the purposes of this Contract, “Force Majeure”

means an event which is beyond the reasonable control

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of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances. Force Majeure shall not include any event which is caused by the negligence or intentional action of a Party or such Party’s Subcontract/Sub-consultant or agents or employees

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.

2.7.3 Measures to be taken

(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall

be extended for a period equal to the time during which such Party was unable to perform such action as a

result of Force Majeure.

2.7.5 Payment Not later than thirty (30) days after the Consultant, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. In the event of Force Majeure, the Consultant shall be entitled to be paid for any Services already performed or for any payments that are already due to the Consultant.

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2.8 Suspension The Client may, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension.

2.9 Termination 2.9.1 By the Client The Client may, by not less than Thirty (30) days’ written

notice of termination to the Consultant (except as a result of any applicable law or regulation in which case, termination shall occur immediately) terminate this Contract: (a) if the Consultant fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing; (b) if the Consultant or any one of the Members of the Consultant becomes insolvent or bankrupt; (c) if the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof; (d) if the Consultant submits to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultants know to be false; (e) if, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days; or (f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. (g) If the Consultant, in the judgment of the Client, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this clause: “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. “fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the borrower, and includes collusive practice among Consultant (prior to or after submission of proposals) designed to establish

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prices at artificial non-competitive levels and to deprive the borrower of the benefits of free and open competition.

2.9.2 By the Consultant

The Consultant may, by not less than Sixty (60) days’ written notice to the Client, (unless termination is required as a result of any applicable law or regulation in which case, termination shall occur immediately) terminate this Contract: (a) if the Client fails to pay any money due to the

Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GC 8 hereof within Sixty (60) days after receiving written notice from the Consultant that such payment is overdue; and

(b) If, as the result of Force Majeure, the Consultant are unable to perform a material portion of the Services for a period of not less than sixty (60) days.

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.6(ii) hereof, and (iv) any right which a Party may have under the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GC 3.9 or

Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client shall make the following payments to the Consultant:

2.9.5 Payment upon Termination

(a)Remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective date of termination; and (b) In the case of termination pursuant to paragraphs (b), (e) and (f) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost

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2.9.6 Disputes about Events Of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

3.0 Obligations of the Consultant 3.1 General 3.1.1 Standard of

Performance The Consultant shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with Subcontract/Sub-consultant or Third Parties.

3.1.2 Law Governing Services

The Consultant shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Subcontract/Sub- consultant, as well as the Personnel of the Consultant and any Subcontract/Sub-consultant, comply with the Applicable Law.

3.2 Conflict of Interests 3.2.1Consultant

Not to Benefit from Commissions

Discounts, etc.

The remuneration of the Consultant pursuant to Clause GC 6 hereof shall constitute the Consultant’ sole remuneration in connection with this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the Consultant shall not accept for their own benefit any trade commission, discount or similar payment (save for any placement fees) in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consultant shall use their best efforts to ensure that any Subcontract/Sub-consultant, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration

3.2.2 Procurement Rules of Funding Agencies

If the Consultant, as part of the Services, have the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with any applicable procurement guidelines of the funding agency, as the

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case may be, and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

3.2.3 Consultant and Affiliates Not to Engage in Certain Activities

The Consultant agree that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Subcontract/Sub-consultant and any entity affiliated with such Subcontract/Sub-consultant, shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services.

3.2.4 Prohibition of Conflicting Activities

The Consultant shall not engage, and shall cause their Personnel as well as their Subcontract/Sub-consultant and their Personnel not to engage, either directly or indirectly, in any of the following activities: (a) during the term of this Contract, any business

or professional activities in Kenya which would conflict with the activities assigned to them under this Contract; and

(b) After the termination of this Contract, such other activities as may be specified in the SC.

3.3 Confidentiality Neither the Client, Consultant nor their respective Sub- Consultants and Personnel shall, either during the term or after the expiration of this Contract, disclose any proprietary or confidential information relating to the Assignment, the Services, this Contract, or the Client’s or each Consultant’s business or operations without the prior written consent of the other Party, unless- (a) At the time of its disclosure the information is in the public domain; (b) After its disclosure the information comes into the public domain for any reason except the receiving party’s failure to comply with the terms of this Contract; (c) The information is disclosed to the receiving party, its directors, employees, or advisers on a non- confidential basis; (d) The information was lawfully in the possession of the receiving party prior to such disclosure (e) the i n f o r m a t i o n is subsequently received by the receiving party from a third party without obligations of confidentiality (and for the avoidance of any doubt, where applicable the Consultant shall not be required to enquire whether there is a duty of confidentiality) or

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(f) The receiving party is required to disclose, retain or maintain such information by law, any regulatory or government authority, or rule of a stock of exchange.

3.4 Liability of the Consultant

Subject to additional provisions, if any, set forth in the SC, the Consultant’ liability under this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be Taken Out by the Consultant

The Consultant (i) shall take out and maintain, and shall cause any Subcontract/Sub-consultant to take out and maintain, at their (or the Subcontract’s/Sub- consultant’s, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverages, as shall be specified in the SC, and (ii) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid.

3.6 Accounting, Inspection and Auditing

The Consultant (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time changes and costs, and the bases thereof (including such bases as may be specifically referred to in the SC), and (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client.

3.7 Consultant’s Actions Requiring Client’s Prior Approval

The Consultant shall obtain the Client’s prior approval in writing before taking any of the following actions: (a) appointing such members of the Personnel not listed by name in

Appendix C (“Key Personnel and Sub-Consultants”);and

(b) entering into a subcontract/sub-consultancy for

the performance of any part of the Services, it being

understood (i) that the selection of the

Subcontract/Sub-consultant and the terms and

conditions of the subcontract/sub-consultancy

shall have been approved in writing by the Client

prior to the execution of the subcontract/sub-

consultancy, and (ii) that the Consultant shall

remain fully liable for the performance of the

Services by the Subcontract/Sub- consultancy and

its Personnel pursuant to this Contract; (c) any other action that may be specified in the SC.

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3.8 Reporting Obligations

The Consultant shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.9 Documents Prepared by the Consultant to be the Property of the Client

All reports, other documents and models prepared by the Consultant exclusively for the Client under this Contract shall become and remain the property of the Client, and the Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof.

3.10 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultant by the Client, or purchased by the Consultant with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultant shall make available to the Client an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Client’s instructions. While in possession of such equipment and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.

4.0 Consultant’s Personnel 4.1 General The Consultant shall employ and provide such qualified

and experienced Personnel and Subcontract/Sub-consultants as are required to carry out the Services.

4.2 Description of Personnel

(a) The title, agreed job description, minimum qualification and hourly charge-out rates in the carrying out of the Services of each of the Consultant Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the Client, his/her name is listed as well; (b) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in writing between the Client and the Consultant, provided that any such increase shall not, except as otherwise agreed in writing, cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.1 of this Contract.

4.3 Removal and/or Replacement of Personnel

a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Consultant, it becomes necessary to replace any of the Personnel, the Consultant shall forthwith provide as a replacement a person of equivalent or better qualifications.

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b) If the Client (i) finds that any of the personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the personnel, then the Consultant shall, at the Client’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client.

c) The Consultant shall have no claim for additional costs arising out of or incidental to any replacement of personnel under this Contract.

4.4 Resident Consultant If required by the SC, the Consultant shall ensure that at all times during the Consultant’s performance of the Services in Kenya a resident Authorised Representative, acceptable to the Client, shall take charge of the performance of such Services.

4.5 Approval Personnel

The Key Personnel and Subcontract/Sub-consultancy listed by title as well as by name in Appendix C are hereby approved by the Client. In respect of other Key Personnel which the Consultant propose to use in the carrying out of the Services, the Consultant shall submit to the Client for review and approval a copy of their biographical data and any other such information the Client may reasonably require before giving the said approval.

5.0 Obligations of the Client 5.1 Change in the

Applicable Law If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6.1.

5.2 Services, Facilities and Property of the Client

The Client shall make available to the Consultant and the Personnel, for the purposes of the Services the services, facilities and property described in Appendix A.

5.3 Payment In consideration for the Services performed by the Consultant under this Contract, the Client shall make to the Consultant such payments and in such manner as is provided by Clause GC 6 of this Contract.

6.0 Payments to the Consultant 6.1 Lump- Sum

Remuneration The Consultant’s total remuneration shall not exceed Contract Price and shall be a fixed lump- sum including all staff costs, Sub consultants’ costs, printing, communications, travel, accommodation, withholding tax, Value Added Tax and disbursements incurred by the Consultant in carrying out the Services.

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The Contract Price may only be increased above the amounts stated in Clause 1.1 (c) if the Parties have agreed to additional payments in accordance with Clause 4.2 (b).

6.2 Remuneration for Additional Services

For purposes of determining the remuneration due for additional services as may be agreed under Clause 4.2, a breakdown of the lump sum price is provided under Appendix D.

6.3 Terms and Conditions of Payments

Payments will be made to the account of the Consultant and according to the payment schedule stated in the SC. Any other payment shall be made after the conditions listed in the SC for such payment have been met and the Consultant has submitted an invoice to the Client specifying the amount due. Where the Contract provides for an advance payment to be made to the Consultant, the Consultant shall deposit with the Client a bank guarantee in an amount equal to such advance payment to cover the period of Contract or such other period as may be required by the Client to recover the value of such advance payment from the Consultant.

7.0 Fairness and Good Faith 7.1 Good Faith The Parties undertake to act in good faith with respect to

each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness.

8.0 Settlement of Disputes 8.1 Amicable Settlement The Parties shall use their best efforts to settle amicably

all disputes arising out of or in connection with this Contract or the interpretation thereof.

8.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.

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SECTION 8: SPECIAL CONDITIONS OF CONTRACT

Below are the Special Conditions of Contract with reference to the General Conditions of Contract.

GC reference

Special Conditions of Contract (SC)

1.1 (a) The Contract shall be interpreted in accordance with the laws of Kenya

1.1 (b) The following documents shall form the Contract and shall be interpreted in the following order of priority:

(a) The Contract Agreement;

(b) The Client’s Notification of Award and Letter of Acceptance;

(c) Special Conditions of Contract and Appendices;

(d) General Conditions of Contract;

(e) Client’s Request for Proposal; and

(f) Consultant’s Proposal.

1.1 (c) The Contract Price is

1.1 (s) The Client is Kenya Electricity Generating Company PLC of

Stima Plaza, Kolobot Road, Parklands, and P.O. BOX 47936 -00100

GPO, Nairobi.

The Consultant is 1.1 (t) “day” means calendar day and “year” means 365 days.

1.4 The Contract shall be written in English language. All correspondence and other documents pertaining to the Contract which are exchanged by the Parties shall be written in the English

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1.6.1 The Client’s address for purposes of notice is:

The Company Secretary and Legal Affairs Director

Kenya Electricity Generating Company PLC, Stima

Plaza, Kolobot Road, Parklands,

P.O. BOX 47936 - 00100 GPO, Nairobi. Attention: Mr. Paul Ndungi Facsimile: 254 20 2248848

The Consultant’s address for purposes of notice is:

Attention:

Email:

Notices will be deemed to be effective as follows: (a) in the case of personal delivery, on delivery;

in the case of registered mail, seven (7) business days following dispatch;

(b) in the case of facsimiles, one (1) business day following confirmed transmission. 1.6.2 A notice shall be effective when delivered or on the notices effective

date, Whichever is later.

1.8 The Member in Charge for purposes of this Contract shall be:

John Mudany,

Finance & ICT Director,

Email: [email protected]

1.9 Authorized representatives shall be the respective duly designated representatives of the Client or the Consultant as listed below and as may be communicated in writing from time to time. Consultant Authorised representative is : John Mudany, Finance & ICT Director, Email: [email protected]

1.10 The Consultant shall be responsible for all applicable taxes

2.1 The Effective Date shall be upon Signature of the Contract by the Parties

2.3 The Commencement Date shall be the Effective Date.

2.4 This Contract duration shall be negotiated by both parties as they may agree in writing.



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3.5 The risks and coverage shall be: (i) Employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consultant and of any Sub- Consultant, in accordance with the relevant provisions of the Applicable Law; and (ii) Professional liability insurance – at least 110% of the Contract Price; (iii) Insurance against Loss or damage to

(a) the Consultant’s property used in the performance of Services, and (b) Any document prepared by the Consultant in the performance of the Services; (c) Equipment given to the Consultant by the Client for the performance of the Services. 6.3 Payment shall be made within Forty Five (45) days upon receipt of

the Consultant’s invoice. Payments shall be made according to the following schedule: Twenty (20) percent of the Contract Price shall be paid on commencement date against the submission of an advance payment on-demand bank guarantee of an equal amount from a reputable bank acceptable to the Client. Ten (10) percent of the lump-sum amount shall be paid upon submission of the Inception report acceptable to the Client. Thirty (30) percent of the lump-sum amount shall be paid upon submission of the draft final report acceptable to the Client. Forty (40) percent of the lump-sum amount shall be paid upon approval of the final report. The accounts are: for foreign currency: [insert account] for local currency: [insert account]

8.2 Any dispute between the Parties as to matters arising pursuant to this Contract or its interpretation that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement shall be referred for settlement by a single arbitrator.

The arbitrator shall be agreed upon by the Parties within 30 days of the notification of a dispute by either party to the other and in default of agreement as to the single arbitrator the same shall be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch).

Every award made under this Clause shall be expressed to be made under the

Arbitration Act 1995 or other Act or Acts for the time being in force in Kenya.

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Appendices

APPENDIX A – DESCRIPTION OF THE SERVICES

The description of the service is made up of the following:

Terms of Reference

Methodology

Schedules indicating activities and staff assignments in home office.

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APPENDIX B— REPORTING REQUIREMENTS AND DELIVERABLES

The Consultant shall prepare or cause the Contractor to prepare and submit to KenGen the

following documents and reports per contract:

i) All the Inception, Feasibility Study Report including Financial/Economic model in soft copies, Executive summary of Final Feasibility Study Report 10 copies including all the raw data in the respective suitable software. Hard and (10 copies)

i) A Volume containing the Engineering Design Report including Design Criteria, concept design and architectural Drawings, Cost Estimate Report and the Implementation Schedule (10 copies)

ii) Monthly Progress Reports to be prepared in a format to be agreed (10 copies only)

iii) Prepare and maintain a Combined plan of works schedule (in Ms project or other equivalent software) for all the contracts based on critical activities. (hard copy ).

iv) Cause the execution contractors to prepare and maintain a works schedule as required in the contract.

v) Quarterly reports on Environmental Monitoring and Management during Construction and submitted in soft copies

vi) As-Built drawings (4 copies).

vii) Project Completion Reports (4 copies)

viii) In addition to the hard copies, the reports in item i, ii, iii, iv, vii, viii and ix above, shall be provided on soft copies only in Editable format to enable compilation of comments.

ix) The Consultant shall assist KenGen to prepare various reports and documents requested by other stakeholders from time to time

x) The consultant shall allow KenGen Project staff to have access to all the design documents for purposes of information, review and comments. The consultant shall take into account the review comments from the Client

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APPENDIX C– KEY PERSONNEL AND SUBCONSULTANTS

List under: C-1 Titles [and names, if already available], detailed job descriptions and minimum qualifications of Key foreign Personnel to be assigned to work in Kenya, and staff-months for each.

C-2 Same information as C-1 for Key local Personnel.

C-4

Same as C-1 for Key Personnel to be assigned to work outside Kenya.

C-4

List of approved Sub-Consultant (if already available); same information with respect to their Personnel as in C-1 through C-4.

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APPENDIX D—BREAKDOWN OF CONTRACT PRICE

List hereunder cost estimates in foreign currency:

1. (a) Monthly rates for foreign Personnel (Key Personnel and other Personnel)

(b) Monthly rates for local Personnel (Key Personnel and other Personnel). Note: This should be added if local Personnel is also being paid in foreign

currency.

2. Reimbursable expenditures

(a) Per diem allowances.

(b) Air transport for foreign Personnel. (c) Air transport for dependents.

(d) Transport of personal effects. (e) International communications.

(f) Printing of documents specified in Appendices A and B hereof.

(g) Acquisition of specified equipment and materials to be imported by the Consultant and to be paid for by the Client (including transportation to Kenya).

(h) Other foreign currency expenditures, like use of computers, foreign training of

Client’s staff, various tests, etc.

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APPENDIX E— Cost Estimates in Local Currency

List hereunder cost estimates in local currency:

1. Monthly rates for local Personnel (Key Personnel and other Personnel)

2. Reimbursable expenditures as follows:

(a) Per diem rates for subsistence allowance for foreign short-term Personnel, plus estimated totals.

(b) Living allowances for long-term foreign Personnel, plus estimated totals. (c) Cost of local transportation.

(d) Cost of local communication

(1) Cost of other local services, rentals, utilities, etc.

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APPENDIX F-ACTIVITY SCHEDULE AND TIMELINES

List here the hours of work for Key Personnel; travel time to and from the country of the Republic of Kenya for foreign Personnel (Clause GC 4.4(a)); entitlement, if any, to overtime pay, sick leave pay, vacation leave pay, etc.

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Appendix G—Duties of the Client

Duties of the Client

G-1 Relevant KenGen reports and information required for the study.

G-2 Counterpart personnel to be made available to the Consultant by the Client.

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Appendix J — Form of Bank Guarantee for Advance Payments

Note: See Clause GC 6.4(a) and Clause SC 6.4(a). The Client should insert here an acceptable

form of a bank guarantee. An example is set forth below.

Date

To: Kenya Electricity Generating Company Limited, Stima Plaza Phase III, Kolobot Road, Parklands,

P.O Box 479360-00100,

[Name of Contract for Consultant’ Services /title of Contract]

Gentlemen and/or Ladies:

In accordance with the provisions of Clauses Clause 6.3, GC 6.4(a) and SC 6.4(a) of the Conditions of Contract (hereinafter called “the Contract”), of the above-mentioned Contract [name and address of Consultant] (hereinafter called “the Consultant”) shall deposit with Kenya Electricity Generating Company Limited (KenGen) a bank guarantee to guarantee their proper and faithful performance under the said provisions of the Contract in an amount of

.............................…………………………… [amount of Guarantee], [amount of Guarantee in

words].3

We, …………………………… the [bank or financial institution], as instructed by the Consultant, agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety merely, the payment to KenGen [name of Client] on his first demand without whatsoever right of objection on our part and without his first claim to the Consultant, in the amount not exceeding .................................... [amount of Guarantee], [amount of Guarantee in words].

We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between [name of Client] and the Consultant, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under

the Contract until [name of Client] received full repayment of the same amount from the

Consultant under the Contract until ……………………………[date].

Yours truly,

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Signature and Seal of the Guarantors

Name of Bank/Financial Institution

Address

An amount is to be inserted by the bank or financial institution as specified in Clause SC 6.4(a).

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MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE

(Must be filled by all applicants or Tenderers’ who choose to participate in this tender)

Name of Applicant(s)..........................................................................................

You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever applies to your type of business. Part 2 (d) to part 2 (i / j) must be filled. You are advised that giving wrong or false information on this Form will lead to automatic disqualification of your tender or termination of your contract or debarment of your firm at your cost.

Part 1 – General

Business Name:……………………………………………………………Certificate of Incorporation / Registration No. ………………………………………..…Location of business premises:

Country ………………..…Physical address …………………….……………….

Town ……………………….……………………….Building…………………

Floor……………………………………….Plot No. ……..……………………….

Street / Road ………….……………………Postal Address ………..………………

Postal / Country Code……………………….Telephone No’s…...…………………

Fax No’s. ……………………….………………E-mail address

Website ……………………………………………………………………………………….

Contact Person (Full Names) ……………… Direct / Mobile No’s.…………….…

Title ……………………………………… Power of Attorney (Yes / No)

If yes, attach written document.

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

(Applicable to Local suppliers only)

Local Authority Trading License No. ……… Expiry Date ………………………..

KRA PIN No.…………………………………………….……………………………………

Value of the largest single assignment you have undertaken to date (US D/KShs) …………………………………….……

Was this successfully undertaken? Yes / No. ………………………….(If Yes, attach reference)

Name (s) of your banker (s) ………………………………………………………………………..……………

Branches ……………………………… Tel. No’s. …….………………………….

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Part 2 (a) – Sole Proprietor (if applicable)

Full names ……..………………………………………..………………………………………

Nationality…………………………….. Country of Origin……....………………

……………………………………………………………………..……..…………

Company Profile ………………………. (Attach brochures or annual reports in case of public company)

Part 2 (b) – Partnerships (if applicable)

Give details of partners as follows:

Full Names Nationality Citizenship Details Shares

1. ………………………………………………………………………………………

2. ………………………………………………………………………………………

Company Profile ……………………….

Part 2 (c) – Registered Company (if applicable - as per the CR12 form)

Private or public …………………………………………….

Company Profile ………………………. (Attach brochures or annual reports in case of public companies)

State the nominal and issued capital of the Company

Nominal KShs ……………………..………………………….

Issued KShs ………………………..………………………….

List of top ten (10) shareholders and distribution of shareholding in the company. Give details of all directors as follows:-

Full Names Nationality Citizenship Details Shares

1.…………………………. ……………… …………………… ……….…….

2………………………… ………………… ………………… .……..…..…..

Part 2 (d) – Debarment

I/We declare that I/We have not been debarred from any procurement process and shall not engage in any fraudulent, corrupt, coercive and obstructive acts with regard to this or any other tender by the KENGEN and any other public or private institutions.

Full Names ………………………………………………………………………………………

Signature ………………………………………………………………………………………

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Dated this…………………………………….……………day of ……………………………2019.

In the capacity of ………………………………………………………………………………………

Duly authorized to sign Tender for and on behalf of …………………………………………………

Part 2 (e) – Bankruptcy / Insolvency / receivership.

I/We declare that I/We have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership:

Full Names ………………………………………………………………………………………

Signature ………………………………………………………………………………………

Dated this………………………………day of ……………………………2019.

In the capacity of…………………………………………………………………………………

Duly authorized to sign Tender for and on behalf of…………………………………………

Part 2 (f) – Criminal Offence

I/We, (Name (s) of Director (s)):-

a) ……………………………………………………………………….………..……

b) …………………………………………………………………………..….……….

Have not been convicted of any criminal offence relating to professional conduct or the making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of procurement proceedings.

Signed ………………………………………………………………………………………

For and on behalf of M/s……………………………...……………………………………………

In the capacity of……………………………….………………………………………………

Dated this…………………………day of ………………………………….2019.

Suppliers’ / Company’s Official Rubber Stamp ……………………………………………….

Part 2 (g) – Conflict of Interest

I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement:

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a) ………………………………………………………………………………………

b) ………………………………………………………………………………………

For and on behalf of M/s………………………………………………………………..

In the capacity of………………………………………………………………………………

Dated this………………………day of ……………………………………….2019

Suppliers’ / Company’s Official Rubber Stamp…………………………………

Part 2 (h) – Interest in the Firm:

Is there any person/persons in KENGEN or any other public institution who has interest in the Firm? Yes/No ……………………….. (Delete as necessary) Institution………………………………… ………………………

(Title) (Signature) (Date)

Part 2(i) – Experience: NOTE: THIS SECTION IS MANDATORY ONLY IF IT FORMS PART OF TECHNICAL EVALUATION. IT’S ALSO NOT NECESSARY FOR ALREADY PRE-QUALIFIED OR DIRECT PROCUREMENT FIRMS. ITS ALSO NOT APPLICABLE FOR AGPO FIRMS TENDERS. Please list here below similar projects accomplished or companies / clients you have supplied with similar items or materials in the years prescribed.

Company

Name

Country Contract/Order

No.

Value Contact

person (Full Names)

E-mail

address

Cell

phone

No. 1

2

Part 2 (i or j) – Bank account details:

AGPO firms must provide evidence from their bank that the account to which KenGen shall make payment has a youth or a woman or a PWD listed in the CR12 form/partnership deed/sole proprietor certificate as a MANDATORY signatory of that account,- Sec.157 (11) of PPADA:

Account No:……………………..........…..Name of the person(s) in the CR12 form OR in the partnership deed OR in the sole proprietor certificate………………………….………......./...................……………..………

ID No(s):…………………………/…….………..…….…..…...Signature and stamp of the authorized Banker Representative……………..……………Date……………………….

Part 2(j or k) – Declaration

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I / We, the undersigned state and declare that the above information is correct and that I / We give KENGEN authority to seek any other references concerning my / our company from whatever sources deemed relevant, e.g. Office of the Registrar of Companies, Bankers, etc.

Full names ………………………………………………………………………………………

Signature……………………………………………………………………………

For and on behalf of M/s………………………………………………………

In the capacity of…………………………………………………………………

Dated this ……………………………………………day of……………………….2019.

Suppliers’ / Company’s Official Rubber Stamp……………………………………………………