KGN OLK 80 2013 Tender For Provision of Catering and Housekeeping Services For Geothermal Drilling Staff Field Accommodation Facilities Camps

KENYA ELECTRICITY GENERATING COMPANY LIMITED
KGN-OLK-80-2013
TENDER FOR PROVISION OF CATERING AND HOUSE KEEPING SERVICES FOR GEOTHERMAL DRILLING STAFF FIELD ACCOMONDATION FACILITIES/CAMPS
(REGISTERED GROUPS OF YOUTH, WOMEN AND PERSONS WITH DISABILITY)
Kenya Electricity Generating Company Ltd, Stima Plaza Phase III, Kolobot Rd, Parklands, P.O Box 47936 00100. NAIROBI KENYA. Website: www.kengen.co.ke
November 2013
ii Table of Contents Section A: Invitation for Tenders .......................................................................................... 1
Section B: Instructions to Tenderers..................................................................................... 2
Section C: Conditions of Contract ....................................................................................... 14 Section D: Special Conditions of Contract ......................................................................... 19
Section E: Technical Specification, Evaluation Criteria & Price Schedules .................... 20
Section F: Tender Form ....................................................................................................... 31
Section G: Tender Security Form ............................................ Error! Bookmark not defined.
Section H: Mandatory Confidential Business Questionnaire Error! Bookmark not defined.
Section I: Contract Form ..................................................................................................... 37
Section J: Performance Security Form .............................................................................. 39
Provision of Catering and House Keeping Services for Geothermal Drilling Staff Field Accommodation Facilities/Camps
SECTION A INVITATION FOR TENDERS (REGISTERED GROUPS OF YOUTH, WOMEN AND PERSONS WITH DISABILITY)
Kenya Electricity Generating Company Limited (KenGen) invites you to submit a sealed tender for Provision of Catering and House Keeping Services for Geothermal Drilling Staff Field Accommodation Facilities/Camps in the manner specified in the Tender Document. Interested firms may obtain further information from, and inspect the Tender Document at the office of the Supply Chain Manager, Tel: (254) (020) 3666000, Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke, gogwang@kengen.co.ke c.c: jtheuri@kengen.co.ke; camemba@kengen.co.ke Where the tender document may be collected upon payment of a non-refundable fee of KShs.1,000.00 paid in cash or through a bankers cheque at any KenGen finance office. The document can also be viewed and downloaded from the website www.kengen.co.ke, and the Bidders who download the tender document from the website must forward their particulars immediately for records and any further tender clarifications and addenda. Downloaded copies are FREE. Tenders MUST be accompanied by a Bid Security in the form and amount specified in the Tender Document, and must be delivered to: Company Secretary/Legal & Corporate Affairs Director Kenya Electricity Generating Company Ltd 7th Floor, Stima Plaza Phase III Kolobot Road, Parklands P.O. Box 47936 - 00100 NAIROBI, KENYA On or before: 4th December 2013 at 11.00 a.m. There will be a MANDATORY SITE VISIT on 25th November 2013 at 10.00 a.m. for bidders to familiarize themselves with the THREE geothermal areas as stated in the Tender Document. Tenders will be opened on 4th December 2013 at 11.30 a.m. in the presence of tenderers' representatives who choose to attend in the Executive Room, 7th Floor, Stima Plaza Phase III.
SUPPLY CHAIN MANAGER
SECTION B INSTRUCTIONS TO TENDERERS 1. Introduction

Kenya Electricity Generating Company (KenGen) is the leading power producer, generating about 80% of power consumed in Kenya. On its quest to expand geothermal energy, KenGen aims at developing 280 MW from Olkaria IV and Olkaria 1 unit IV and V power stations by 2013 and a further 420 MW by the year 2017. This is in line with Government effort to make power available for the realization of Vision 2030. The Drilling department is tasked with the role of drilling geothermal wells. Geothermal drilling projects require that drilling staff stay on site as they work on a 12- hour shift. The drilling crew needs essential catering and cleaning services which are important for their wellbeing to ensure enhanced performance at work place during drilling operations.
2. Scope of Work and Obligations.

2.1 Scope of Work This consists of: Providing hot, clean, safe and well balanced breakfast, lunch, dinner, midnight tea, ten and four oclock tea to drilling operations crew on shift at KenGens Geothermal drilling sites. Providing Cleaning and Laundry services, Fumigation, Garbage collection and Sanitary services as well as providing Purified Mineral water for drinking at the Drilling Site as per specifications in section E below. The drilling sites shall be located but not limited to Olkaria, Longonot and Eburru areas. The approximate distances from Naivasha town to these site areas are given under section E of this Tender Document. 2.2 Obligations of KenGen KenGen shall provide the Contractor with: a) b) c) d) Adequate working space at the site. Clean Water. Electricity. One Dining room at the drilling rig site equipped with: wooden dining table, twenty stackable chairs e) Two Dining rooms at the Camp site each equipped with: wooden dining table twenty stackable chairs f) Two Kitchens at the Camp site each equipped with : working table electric cooker electric fryer
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4-ranger gas cooker refrigerator deep freezer electric oven water heater dish washer 2-bowl sink waste bin two fire extinguishers Smoke detectors
g) Personnel shift/stand by Rota. KenGen will replace or repair its Equipments provided to the Contractor in the event of normal wear and tear. 2.3 Obligations of the Contractor The Contractor besides carrying out all obligations to be performed or observed as stipulated in this Contract, the cost of which is deemed to be included in the Contractors charges for the Catering and Cleaning services, shall undertake the following: a) Give an indication of the labor costs (all prices per man/day). b) Indicate their staff levels from cleaner, housekeeper, waiter, chef(s) to Supervisor/Manager c) Provide a description of the work plan (all activities involved in carrying out the Works). d) Purchase, prepare, transport and serve the drilling crew staff with hot, clean, safe and well balanced breakfast, lunch, dinner, midnight tea, ten and four oclock tea at the drilling sites. e) Provide all foodstuff, utensils, cutlery, consumables and manpower required to perform the Works. f) Provide catering and cleaning staff uniforms. g) Provide Cleaning Services for all Containerized Offices, Workshops, Dormitories and Stores at the Drilling Site including their washrooms h) Provide Laundry services which includes but not limited to Laundering of bed linens, overalls, towels, curtains at all Drilling Camp Living Quarters (Dormitories) i) Garbage collection, Fumigation and Sanitary Services as per specifications in section E below. j) Provide Purified Mineral water for drinking at the Drilling Site. k) Supply and install all the required dispensers as per the specifications in section E of this tender document. l) In event of failure of KenGen appliances listed in 2.2 f (i-vi), the contractor shall provide standby kitchen appliances required to perform the works. The contractor will charge day rates for such appliances until replaced by KenGen. m) Ensure that KenGens equipments as well as the contractors equipment is safe, clean and in good conditions at all times. (In the event of breakdown of KenGens equipment due to negligence, the Contractor shall replace the equipment at own cost) n) Observe punctuality at providing all catering and cleaning services.
4 2.4 Contractors Personnel, Transport and Accommodation a) Contractors Personnel The Contractor shall provide fully qualified and experienced Personnel to carry out the Services. As part of their tender, the Tenderer shall provide C.V.s of personnel they propose to perform the Contract. b) Medical Care The Contractor shall be liable for all medical expenses of their personnel. The successful Tenderer shall maintain a well stocked First Aid Box on Site at all times. c) Transport and Accommodation Transportation of Contractors Personnel, goods (food/foodstuff), materials, consumables, and equipment to and from Site or any other movement that the Contractor might want to make in order to meet their obligations in this Contract shall be arranged and paid for by the Contractor, and the cost thereof shall be deemed to be included in the Contract price and shall not be shown separately. Olkaria Geothermal Project is located within Hells Gate National Park. The Contractor, their personnel and agents must adhere to all the Park rules and should be familiar with these rules. While working at the camp Site, the Contractor shall provide accommodation for their personnel outside the Olkaria Geothermal Project and outside the Hells Gate National Park, or away from the camp site if the field being developed is away from Olkaria. The Drilling site and the Camp site can be relocated to other areas where KenGen plans to drill geothermal wells. Such other areas include but not limited to Longonot and Eburru.
3. Definitions
In this Contract, except where context otherwise requires, the following terms shall be interpreted as indicated; KenGen means Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi, Kenya and includes its legal representatives, successors or assigns who employs the Contractor to carry out the Works. Schedule of Quantities means the priced and completed Schedule of Quantities forming part of the tender. The Completion Date means the date of completion of the Works as certified by the KenGens Representative. The Contract means the agreement entered into by KenGen and the Contractor as recorded in the Agreement Form and signed by the parties.
5 The Contractor refers to the person or corporate body whose tender to carry out the Works has been accepted by KenGen. The Contractors Tender is the completed tendering document submitted by the Contractor to KenGen. The Contract Price is the price stated in the Letter of Award. Days are calendar days; Months are calendar months. A Defect is any part of the Works not completed in accordance with the Contract. Equipment is the Contractors machinery and vehicles brought temporarily to the Site for the execution of the Works. Site means Drilling site and/or Camp site at Olkaria Geothermal Project, along Moi Southlake Road, about 40 km from Naivasha where the Works are to be carried out, or any other drilling site being developed by KenGen as mentioned in clause 2.4 c). KenGens Representative is the person appointed by KenGen and notified to the Contractor for the purpose of supervision of the Works. Start Date is the date when the Contractor shall commence execution of the Works. A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the Work in the Contract, which includes Work on the Site. Temporary works are works designed, constructed, installed, and removed by the Contractor which are needed for carrying out of the Works. The Works are the Catering and Cleaning Services as specified in this Contract.
4. General
4.1 This Invitation for Tender is open to all tenderers eligible as described in the tender document. The successful Tenderer shall complete the Works by the Intended Completion Date specified in the said tender document 4.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices. 4.3 Tenderers shall include the following information and documents with their tenders, unless otherwise stated: (a) (b) (c) Copies of certificates of business registration and details of principal place of business. Valid Tax Compliance certificate issued by Kenya Revenue Authority. Total monetary value of work performed for each of the last three years.
6 (d) (e) (f) (g) (h) (i) (j) Experience in works of a similar nature and size for each of the last three years, and clients who may be contacted for further information on these contracts. Major items of appropriate equipment owned. Qualifications and experience of key site management and technical personnel proposed for the Contract. Reports on the financial standing of the Tenderer, such as profit and loss statements and Auditors reports for the last two years. Catering staff Food Handling Licenses. Pest Control Board License for Pest Control Services. Relevant NEMA certifications for handling and transporting wastes.
4.4 The Tenderer shall bear all costs associated with the preparation and submission of its tender and KenGen, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process. 4.5 KenGen will facilitate a SITE VISIT to KenGen Geothermal Project for all prospective bidders on 25th November 2013 at 10.00 a.m. The costs of visiting the Site shall be at the Tenderers own expense. KenGen will assist the tenderers with site related information.
5. Tender Documents
5.1 The complete set of tender documents comprises the documents listed here below and any addenda issued in accordance with clause 5.4 here below: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Invitation for Tender Instructions to Tenderers Conditions of Contract and Appendix to Conditions of Contract Technical Specifications Schedule of Quantities and Prices Tender Form Tender Security Form Performance Security Form Qualification information Mandatory Confidential Business Questionnaire Details of sub-contractors
5.2 The Tenderer is expected to examine all instructions, forms, terms and specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the Tenderers risk and may result in rejection of its tender. 5.3 A prospective Tenderer requiring any clarification of the tender documents may notify KenGen in writing or by facsimile, at the address indicated in the letter of invitation to tender. KenGen will respond to any request for clarification received earlier than five (5) days prior to the deadline for submission of tenders. Written copies of KenGens response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers that have received the tender document.
7 5.4 At any time prior to the deadline for submission of tenders, KenGen, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, may modify the tendering documents by issuing addenda. Any addendum thus issued shall be part of the tendering documents and shall be communicated in writing or facsimile to all Prospective Tenderers and will be binding on them. Prospective Tenderers shall acknowledge receipt of each addendum in writing to KenGen. 5.5 To give Prospective Tenderers reasonable time in which to take an addendum into account in preparing their tenders, KenGen at its discretion may extend the deadline for submission of tenders.
6 Preparations of Tenders
6.1 The tender prepared by the Tenderer, as well as all correspondence and documents relating to the tender exchanged by the Tenderer and KenGen, shall be written in English. 6.2 The Tenderer shall fill in rates and prices for all items of the services described in the Schedule of Quantities. Tenderers shall fill ALL items in the schedule of Quantities, failure to which, the tender shall be deemed non-responsive. 6.3 Prices quoted by the Tenderer shall be fixed during the Tenderers performance of the contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to Clauses 9.6 and 9.7. 6.4 The unit rates and prices shall be in Kenya Shillings. 6.5 The Tenderer shall furnish, as part of its tender, documents establishing the Tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted. 6.6 The documentary evidence of the Tenderers eligibility to tender shall establish to KenGens satisfaction that the Tenderer, at the time of submission of its tender, is from an eligible source country. 6.7 The documentary evidence of the Tenderers qualifications to perform the contract if its tender is accepted shall establish to KenGens satisfaction that the Tenderer has the financial, technical, and production capability necessary to perform the contract. 6.8 Tenders shall remain valid for a period of 90 days from the date of submission. A tender valid for a shorter period shall be considered as non-responsive and shall be rejected by KenGen. However in exceptional circumstances, KenGen may request that the Tenderers extend the period of validity for a specified additional period. The request and the Tenderers responses shall be made in writing. The tender security provided under Clause 4 shall also be suitably extended. A Tenderer may refuse the request without forfeiting its tender security. A Tenderer granting the request will not be required nor permitted to modify its tender.
8 6.9 The Tenderer shall prepare an original and three copies of the tender, clearly marking each ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of any discrepancy between them, the original shall govern. 6.10 The original and copies of the tender shall be typed or written in indelible ink and shall be signed by the Tenderer or a person or persons duly authorized to bind the Tenderer to the contract. The latter authorization shall be indicated by written power-of-attorney accompanying the tender. All pages of the tender, except for unamended printed literature, shall be initialed by the person or persons signing the tender. 6.11 The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialed by the person or persons signing the tender.
7. Tender Security
7.1 The Tenderer shall furnish, as part of its tender, a tender security in the amount of Kenya Shillings Three Million (Kshs. 3,000,000) 7.2 The tender security is required to protect KenGen against the risk of Tenderers conduct that would warrant the securitys forfeiture, pursuant to Clause 7.7. 7.3 The tender security shall be denominated in Kenya Shillings, and shall be in the form of a bank guarantee or a bank draft issued by a reputable bank located in Kenya, in the form provided in the tender documents or another form acceptable to KenGen and valid for one hundred and twenty (120) days. 7.4 Any tender not secured in accordance with Clauses 7.1 and 7.3 will be rejected by KenGen as non-responsive, pursuant to clauses 9.6 and 9.7. 7.5 Unsuccessful tenderers tender security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiry of the period of tender validity prescribed by KenGen. 7.6 The successful Tenderers tender security will be discharged upon the Tenderer signing the contract, pursuant to Clause 10.7, and furnishing the performance security, pursuant to Clause 10.8. 7.7 The tender security may be forfeited: (a) If a Tenderer withdraws its tender during the period of tender validity specified by KenGen on the Tender Form; or (b) In the case of a successful Tenderer, if the Tenderer fails: (i) Or (ii) 14. To furnish performance security in accordance with Clause 10.8. To sign the contract in accordance with Clause 10.7
Validity of Tenders
9 14.1 Tenders shall remain valid for 90 days or as specified in the tender document after date of tender opening prescribed by KenGen, pursuant to Clause 19. A tender valid for a shorter period shall be considered as non-responsive and shall be rejected by KenGen. 14.2 In exceptional circumstances, KenGen may solicit the tenderers consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (email in PDF format or by facsimile). The tender security provided under Clause 13 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender. 8. Submission of Tenders 8.1 The Tenderer shall seal the original and each copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope. 8.2 The inner and outer envelopes shall: (a) Be addressed to: Company Secretary/Legal & Corporate Affairs Director Kenya Electricity Generating Company Limited 7th Floor, Stima Plaza Phase III Kolobot Road, Parklands P.O. Box 47936-00100 NAIROBI Bear, TENDER FOR PROVISION OF CATERING AND HOUSE KEEPING SERVICES FOR GEOTHERMAL DRILLING STAFF FIELD ACCOMMODATION FACILITIES/CAMPS And the statement: DO NOT OPEN BEFORE 4TH DECEMBER 2013 AT 11.30 A.M.. 8.3 The inner envelopes shall also indicate the name and address of the Tenderer to enable the tender to be returned unopened in case it is declared late. 8.4 If the outer envelope is not sealed and marked as required by Clause 8.2, KenGen will assume no responsibility for the tenders misplacement or premature opening 8.5 The Tenderer shall not submit any alternative offers unless they are specifically required in the tender documents. 8.6 Only one tender may be submitted by each Tenderer. Any Tenderer who fails to comply with this requirement will be disqualified. 8.7 Tenders must be received by KenGen at the address specified under Clause 8.2 not later than 4th December 2013 at 11.00 a.m. 8.8 KenGen may, at its discretion, extend the deadline for submission of tenders by issuing an amendment in accordance with sub-clause 5.4 in which case all rights and obligations of the
10 KenGen and the Tenderers previously subject to the original deadline will thereafter be subject to the new deadline as extended. 8.9 The Tenderer may modify or withdraw its tender after the tenders submission, provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by KenGen prior to the deadline prescribed for submission of tenders. 8.10 The Tenderers modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of Clauses 8.1, 8.2 and 8.3. A withdrawal notice may also be sent by cable, but followed by a signed confirmation copy, postmarked no later than the deadline for submission of tenders. 8.11 No tender may be modified after the deadline for submission of tenders. 8.12 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the Tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderers forfeiture of its tender security, pursuant to Clause 7.7
9. Tender Opening and Evaluation

7.8 KenGen will open all tenders in the presence of tenderers representatives who choose to attend on 4th December 2013 at 11.30 a.m. in the Executive Room, 7th Floor, Stima Plaza Phase III, Kolobot Road. The tenderers representatives who are present shall sign a register evidencing their attendance. 9.1 The tenderers names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as KenGen may consider appropriate at its discretion, will be announced at the opening. Minutes of the tender opening, including the information disclosed to those present will also be prepared by KenGen. 9.2 Information relating to the examination, clarification, evaluation and comparison of tenders and recommendations for the award of the Contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced. Any effort by a Tenderer to influence KenGens officials, processing of tenders or award decisions may result in the rejection of its tender. 9.3 KenGen will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order. 9.4 KenGen may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Tenderer. 9.5 Prior to the detailed evaluation, pursuant to Clauses 9.11, 9.12, and 9.13, KenGen will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one that conforms to all the
11 terms and conditions of the tender documents without material deviations. KenGens determination of a tenders responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. 9.6 If a tender is not substantially responsive, it will be rejected by KenGen and may not subsequently be made responsive by the Tenderer by correction of the nonconformity. 9.7 Tenders determined to be substantially responsive will be checked for any arithmetic errors. Errors will be corrected as follows: (a) (b) Where there is a discrepancy between the amount in figures and the amount in words, the amount in words will prevail; and Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of KenGens representative, there is an obvious typographical error, in which case the adjustment will be made to the entry containing that error. In the event of a discrepancy between the tender amount as stated in the Form of Tender and the corrected tender figure in the main summary of the Schedule of Quantities/Quotation, the amount as stated in the Form of Tender shall prevail
(c)
9.8 To assist in the examination, evaluation, and comparison of tenders, KenGen at his discretion, may request in writing any Tenderer for clarification of the tender, including breakdowns of unit rates. The request for clarification and the response thereof shall be in writing or facsimile but no change in the tender price or substance of the tender shall be sought, offered or permitted. 9.9 Subject to Clause 9.9, no Tenderer shall contact KenGen on any matter relating to its tender, from the time of the tender opening to the time the contract is awarded. The Tenderer shall not influence KenGen on any matter relating to its tender from the time of the tender opening to the time the Contract is awarded. Any effort by the Tenderer to influence KenGen or KenGen employees in their decision on tender evaluation, tender comparison or Contract award may result in the rejection of the tender. 9.10 KenGen will evaluate and compare the tenders, which have been determined to be substantially responsive, pursuant to Clauses 9.6 and 9.7. 9.11 KenGens evaluation of a tender will exclude and not take into account any allowance for price adjustment during the period of execution of the contract, if provided in the tender. 9.12 KenGens evaluation of the tender will take into account the following: a. b. c. d. e. Compliance to the tender requirements; Compliance to the technical, functional and operational specifications and requirements; Tender validity of not less than 90 days; Tender price; Qualification information provided in the Mandatory Confidential Business Questionnaire
12 f. g. Mandatory site visit The lowest evaluated total of all schedule combined together
9.13 Tenderers shall state their tender price in the price schedule outlined in the special conditions of contract. Tenders will be evaluated on the basis of this price.
10. Award of Contract

10.1 In the absence of pre-qualification, KenGen will determine to its satisfaction whether the Tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily. 10.2 The determination will take into account the Tenderer financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the Tenderer, as well as such other information as KenGen deems necessary and appropriate. KenGen shall carry out an inspection on the Tenderers premises (food preparation area) and/or equipment to ascertain the capability of such Tenderer to perform the works as further detailed in the Technical Specifications and Price Schedule. 10.3 An affirmative determination will be a prerequisite for award of the contract to the Tenderer. A negative determination will result in rejection of the Tenderers tender, in which event KenGen will proceed to the next lowest evaluated tender to make a similar determination of that Tenderers capabilities to perform satisfactorily. 10.4 Subject to Clauses 6.4, 9.11, 9.12, 9.13 and 10.5 KenGen will award the contract to the successful Tenderer whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender, provided further that the Tenderer is determined to be qualified to perform the contract satisfactorily. 10.5 Notwithstanding the provisions of clause 10.4 above, KenGen reserves the right to accept or reject any tender and to cancel the tendering process and reject all tenders at any time prior to the award of Contract without thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer or Tenderers of the grounds for the action. 10.6 The Tenderer whose tender has been accepted will be notified of the award prior to expiration of the tender validity period in writing or facsimile. This notification (hereinafter and in all Contract documents called the Letter of Award) will state the sum (hereinafter and in all Contract documents called the Contract Price), which KenGen will pay the Contractor in consideration of the execution, completion, and rectifying defects of the Works by the Contractor as prescribed by the Contract. The notification of award will constitute the formation of the Contract, subject to the tenderer furnishing the Performance Security and signing the Contract Agreement. 10.7 Following notification of award, KenGen shall invite the successful Tenderer for Contract negotiations in order to reach an agreement on all points and sign the Contract. The negotiations shall be held at a place and date to be specified in the invitation letter.
13 10.8 Within 15 days after the negotiations, the successful Tenderer shall furnish to KenGen the Performance Security in accordance with the Conditions of Contract, in the Performance Security Form provided in the tender documents, or in another form acceptable to KenGen. 10.9 The performance Security shall be in the amount of 10% of the Contract Price. The proceeds of the performance security shall be payable to KenGen as compensation for any loss resulting from the Suppliers failure to complete its obligations under the Contract. 10.10 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to KenGen and shall be in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya, acceptable to KenGen, in the form provided in the tender documents. 10.11 The performance security will be discharged by KenGen and returned to the tenderer not later than thirty (30) days following the date of completion of the tenderers performance obligations under the Contract, including any warranty obligations, under the Contract. 10.12 Failure of the successful tenderer to comply with the requirement of Clause 10.7 or Clause 10.8 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event KenGen may make the award to the next lowest evaluated tenderer or call for new tenders. 10.13 Upon the successful tenderers furnishing of the performance security pursuant to Clauses 10.8, KenGen will promptly notify each unsuccessful tenderer and will discharge its tender security, pursuant to Clause 7.5
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SECTION C CONDITIONS OF CONTRACT

1. Contract Documents 1.1 The following documents shall constitute the Contract documents and shall be interpreted in the following order of priority: 1. 2. 3. 4. 5. 6. Agreement Letter of Award Contractors Tender Conditions of Contract Specifications Schedule of Quantities and prices
2. KenGens Representatives Decisions Except where otherwise specifically stated, the KenGens Representative will decide contractual matters between KenGen and the Contractor in the role representing KenGen. 3. Works, Language and Law of Contract 3.1 The ruling language of the Contract shall be English language and the law governing the Contract shall be the law of the Republic of Kenya. 3.2 The Contractor shall carry out the Works in accordance with the Contract documents. The Works may commence on the Start Date and shall be carried out in accordance with the Program submitted by the Contractor, as updated with the approval of the KenGens Representative, and completed by the Intended Completion Date. 4. Safety and Temporary works 4.1 The Contractor shall be responsible for design of temporary works and shall obtain approval of third parties to the design of the temporary works where required. 4.2 The Contractor shall be responsible for the safety of all his crew on the Site and may provide them with the necessary Personal protective Equipment as per KenGen Representatives advice. 5. Work Program and Sub-contracting 5.1 Seven days before the commencement of the works, the Contractor shall submit to the KenGens Representative for approval a program showing the general methods, arrangements, order and timing for all the activities in the Works. 5.2 The Contractor may sub-contract the Works (but only to a maximum of 25 percent of the Contract Price) with the approval of the KenGens Representative. However, he shall
Provision of catering services for drilling personnel at Olkaria.
15 not assign the Contract without the approval of the KenGen in writing. Sub-contracting shall not alter the Contractors obligations. 6. The site KenGen shall give authority to access any place where work in connection with the Contract is being carried out or is intended to be carried out. 7. Instructions The Contractor shall carry out all instructions of the KenGen Representative that are in accordance with the Contract. 8. Management Meetings 8.1 A Contract management meeting shall be held regularly and attended by KenGens Representative and the Contractor. Its business shall be to review the work progress and plans for the remaining Work. KenGen Representative shall record the business of management meetings and provide copies of the record to those attending the meeting and KenGen. The responsibility of the parties for actions to be taken shall be decided by KenGens Representative either at the management meeting or after the management meeting and stated in writing to all who attend the meeting. 8.2 Communication between parties shall be effective only when in writing. 9. Defects a. KenGens Representative shall inspect the Works offered by the Contractor and notify the Contractor of any defects found. Such inspection shall not affect the Contractors responsibilities. Should a defect be found, the cost of making good shall be borne by the Contractor. b. KenGens Representative shall give notice to the Contractor of any defect before accepting the works. 10. Schedule of Quantities The Schedule of Quantities shall contain the works offered by the Contractor. The Contractor will be paid for the quantity of the Work done at the rates in the Schedule of Prices for each item. Items against which no rate is entered by the Tenderer will not be paid for when executed and shall be deemed covered by the rates for other items in the Schedule of Quantities. 11. Variations 11.1 The Contractor shall provide KenGens Representative with a quotation for carrying out the variations when requested to do so. KenGens Representative shall assess the quotation and shall obtain the necessary authority from KenGen before the variation is ordered.
16
11.2 If the Work in the variation corresponds with an item description in the Schedule of Quantities, the rate in the Schedule of Quantities shall be used to calculate the value of the variation. If the nature of the Work in the variation does not correspond with items in the Schedule of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of Work. 11.3 If the Contractors quotation is unreasonable, KenGens Representative may order the variation and make a change to the Contract Price, which shall be based on the KenGens Representatives own forecast of the effects of the variation on the Contractors costs. 11.4 KenGen reserves the right at the time of contract award and during the Contract Performance to increase or decrease the quantity of Work originally specified in the Schedule of Requirements without any change in unit price or other terms and conditions. 12. Payments and Final Account 12.1 The Contractor shall be paid monthly subject to re-measurement by KenGens Representative of the Work done in the month in question. 12.2 Upon deciding that Works carried out in a particular month are complete, the Contractor shall submit to the KenGens Representative his application for payment. KenGens Representative shall check, adjust if necessary and certify the amount to be paid to the Contractor within sixty (60) days of receipt of the Contractors application. KenGen shall pay the Contractor the amounts so certified within 60 days of the date of issue of each Interim Certificate. Each application for payment shall constitute invoices, statement of account and a copy of the sheet of certification for food served in the month for which payment is being made. 12.3 The Contractor shall supply the KenGens R epresentative with a detailed final account of the total amount that the Contractor considers payable under the Contract after completion of the works. KenGens Representative shall certify any final payment that is due to the Contractor within 60 days of receiving the Contractors account if it is correct and complete. If it is not, KenGens Representative shall issue within 21 days a schedule that states the scope of the corrections or additions that are necessary. If the final account is still unsatisfactory after it has been resubmitted, the KenGens Representative shall decide on the amount payable to the Contractor and issue a Final Payment Certificate. KenGen shall pay the Contractor the amount so certified within 60 days of the issue of the Final Payment Certificate. 13. Security and Insurance of Equipment and Personnel 13.1 The Contractor shall be responsible for and shall take out appropriate cover against, among other risks, personal injury; loss of or damage to the Works, materials and plant; and loss of or damage to property. The Contractor shall be responsible for the security of their own property at Site.
13.2
17
13.3 The Contractor shall indemnify and keep indemnified KenGen, KenGen employees, KenGen agents against loss or damage to property or bodily injury sustained by the Contractor or Contractors personnel by reason of any act, omission or neglect of the Contractor, their personnel or agents whilst performing their duties within the scope of their employment with the Contractor. This indemnity shall include any loss, damage, injury or any consequential or indirect loss sustained by KenGen or its employees or agents or third parties lawfully on the Site by reason of any act or omission or neglect of the Contractor, their personnel or agents.
14. Completion and Taking Over

Upon deciding that the Work is complete the Contractor shall request KenGens Representative to issue a Certificate of Completion of the Works.
15. Termination
15.1 KenGen or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. These fundamental breaches of Contract shall include, but shall not be limited to, the following; (a) (b) (c) The Contractor stops Work without reasonable cause or authority from KenGens Representative; The Contractor is declared bankrupt or goes into liquidation other than for a reconstruction or amalgamation; KenGens Representative gives notice that failure to correct a particular defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time.
15.2 If the Contract is terminated, the Contractor shall stop Work immediately, and leave the Site within seven (7) days. KenGens Representative shall immediately thereafter arrange for a meeting for the purpose of taking record of the Works executed and materials, goods, equipment and temporary buildings on Site. Payment upon Termination KenGen may employ and pay other persons to carry out and complete the Works and to rectify any defects. 16.1 The Contractor shall, during the execution or after the completion of the Works under this clause, remove from the Site as and when required within such reasonable time as KenGens Representative may in writing specify, any temporary buildings, plant, machinery, appliances, goods or materials belonging to him, and in default thereof, KenGen may (without being responsible for any loss or damage) remove and sell any such property of the Contractor, holding the proceeds less all costs incurred to the credit of the Contractor 16.2Until after completion of the Works under this clause, KenGen shall not be bound by any other provision of this Contract to make any payment to the Contractor, but upon such completion as aforesaid and the verification within a reasonable time of the accounts thereof KenGens Representative shall certify the amount of expenses properly incurred by KenGen and, if such amount added to the money paid to the Contractor before such determination exceeds the total amount which would have been payable on due completion in accordance with this Contract, the difference shall be a debt payable to KenGen by the Contractor; and if the said amount added to the said money be less than the said total amount, the difference shall be a debt payable by KenGen to the Contractor.
18 16. Corrupt or Fraudulent Practices KenGen requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts. In pursuance of this policy, KenGen:(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 procurement process or in contract execution; and Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of KenGen, and includes collusive practice among tenderers (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive KenGen of the benefits of free and open competition;
(ii)
(b)
Will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (b) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded any contract if it at any time determined that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.
17.
Settlement of Disputes Any dispute arising out of the Contract, which cannot be amicably settled, between the parties shall be referred by either party to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the chairman of the Chartered Institute of Arbitrators, Kenya branch, on the request of the applying party
18. Appendix to Conditions of Contract

(a) KenGens Representative is: Geothermal Development Manager, Olkaria Geothermal Project or his representative Tel: 254 050 50628
(b) The name of the Contract is: Provision of Catering and Cleaning and Laundry Services for Drilling Personnel at KenGen Geothermal Project (c) The Works consist of: Providing catering, cleaning, fumigation, sanitary and laundry service to KenGen drilling personnel on shift at the drilling Sites and Camp sites.
19
SECTION D SPECIAL CONDITIONS OF CONTRACT

1. Application The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. 2. Definitions The Purchaser is Kenya Electricity Generating Company Limited of Stima Plaza, Kolobot Road, Parklands, and P.O. BOX 47936 - 00100 GPO, Nairobi. Kenya and includes its legal representatives, successors or assigns. 3. Inspections and Certification KenGens Representative shall inspect the Contractors Work and notify the Contractor of any Defects that are found. Such inspection shall not affect the Contractors responsibilities. KenGens Representative may instruct the Contractor to search for a defect and to test any Work that KenGens Representative considers may have a defect. Should the defect be found, the cost of making good shall be borne by the Contractor. KenGens representative will certify the works and only certified works shall qualify for payment 4. Method of Payment Payment shall be made in Kenya Shillings within a credit period of 60 days upon receipt of certified invoices and certificates confirming that the Works has been carried out in accordance with the contract requirements. No advance payment request shall be accepted by KenGen. 5. Performance Security The Performance Security shall be in the amount of 10% of the Contract Price. 6. Prices Prices shall be fixed during the Contractors performance of the Contract and not subject to variation on any account. 7. Completion of Works Works shall be completed as per contract which is twenty four (24) months from the contract date with an option of extension if the contractor has performed to the satisfaction of KenGen.
20
SECTION E TECHNICAL SPECIFICATION, EVALUATION CRITERIA & PRICE SCHEDULES

1. Technical specifications
Staffing i. All staff should be fluent in English and Kiswahili. ii. The staff should be of high moral integrity and with the relevant testimonials e.g. Certificate of Good Conduct. iii. All staff should at all times be in branded uniforms - skirt/pair of trousers and blouse/shirts i.e. conspicuously labeled. iv. Staff shall have presentable and suitable footwear for use in their respective areas of work. v. The staff to have clean, well maintained uniforms for daily use bearing in mind that the company hosts high level functions and visitors. vi. Staff should always be presentable smart and note that staffs who wear dirty and/or torn uniforms shall be denied entry to the company premises. vii. The Company reserves the right to request immediate removal of any staff member of the contractor if in its opinion such staff is no longer desirable. The contractor shall arrange to immediately replace the staff so removed and advise the company of its action accordingly. viii. The company should be informed incase of any staff movements and rotations. ix. The recommended and generally accepted safety, health and occupational measures for the staff should be complied with. x. Deploy adequate number of staff. The company reserves the right to request for additional staff at contractors cost if the number proposed is not adequate. xi. Staff shall be provided with protective clothing including branded rain coats (when necessary) gum boots, overalls, boots, hand gloves, face masks and other clothing recommended by the Occupational Safety and Health Act and the Labour Laws. xii. Staff shall be on shift basis as Drilling is a 24 hour operation. 1.1 Catering Specification Details The proposed menu shall contain but not limited to:
Meal Breakfast Proposed Menu Tea/Coffee/Milo or Chocolate with Sausage and toast or Eggs and Toast or Eggs and Mandazi Fruits 4pm Tea/Coffee/Milo or Chocolate Remarks Breakfast for both day and night workers will be served at the camp between 6.30 9.30 am.
10am and Teabreak
Day workers to be served at the drilling Site.
21
Lunch, Dinner Mid-night meals & To have at least one week variety of foods and food preparation as follows Protein Starch Vegetables Fruit Lunch for day workers will be served at drilling site while night workers will take lunch at the camp site between 12.45-2.00 pm Dinner for both day and night workers will be served at the camp between 6.30-9.30 pm Mid-night tea will be served at the drilling site to the night workers Lunch, dinner and Midnight meal.
Extra
Two types of vegetarian menus
1.2 Cleaning Specifications Details Areas to tender for cleaning services 1.2.1 Rig Site Offices and Accommodation Facilities for KenGen Rig 1 and 2
No 1 2 3 Workshop Store house Office for Tool Pusher with two beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers, , desk top computer and laser jet printer Office for Drilling Engineer with two beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers, desk lamps, reading lamps, desk top computer and laser jet printer Office for Directional Drilling Engineer with two beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers, desk top computer and laser jet printer Office for Aerated Drilling Engineer with two beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers, desk top computer and laser jet printer Office for Maintenance Engineer with two beds c/w beddings, toilet and shower, window type air conditioning units, two fire extinguishers, book shelves, steel lockers, desk top computer and laser jet printer Office for Rig Geologist with two beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers, desk top computer and laser jet printer Office for Drilling Supervisor with two beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers, desk top computer and laser jet printer Dormitory for eight people with 8 beds c/w beddings, toilet and shower, two window type air conditioning units, two fire extinguishers, smoke detectors, steel lockers Meeting room/ dining room with smoke detectors, two window type air conditioning units, two fire extinguishers, white board,, wooden dining table, twenty stackable chairs Description
9 10 11
22 1.2.2 No
1 2 3 4 5 6 7 Workshop Store house Office for Drilling Supervisor with book shelves, steel lockers, desk top computer and laser jet printer Office for Drilling Superintendent with book shelves, steel lockers, desk top computer and laser jet printer Office for Maintenance Supervisor with book shelves, steel lockers, desk top computer and laser jet printer Office for Rig Geologist with book shelves, steel lockers, desk top computer and laser jet printer Meeting room/ dining room with two fire extinguishers, white board, wooden dining table, twenty stackable chairs
Rig Site Offices and Accommodation Facilities for KenGen N370 Rig Description
NB: The details captured above are for each drilling rig located at different sites 1.2.3 Rig Base Camp for 3 rigs sharing Base camp for about 200 people comprising of: -
No
1
Description
Engineers/Superintendents accommodation each with two bedrooms - 2 beds per room c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers Supervisors/Technicians accommodation each with two bedrooms - 2 beds per room c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers Workers accommodation each with 8 beds c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, steel lockers Geologists/Reservoir Engineers accommodation each with two bedrooms - 2 beds per room c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers Consultants/Ad hoc Specialists accommodation each with two bedrooms - 2 beds per room c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers Cementing/Services crew accommodation each with 8 beds c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, steel lockers Dining rooms with smoke detectors, two window type air conditioning units, two fire extinguishers, white board c/w pen and eraser, wooden dining table, twenty stackable chairs Kitchens with working table, electric cooker, electric fryer, 4-ranger gas cooker, refrigerator, deep freezer, electric oven, water heater, dish washer, 2-bowl sink, waste bin, smoke detectors, two window type air conditioning units, two fire extinguishers Toilet and shower unit - approximately 6 toilets and 6 showers
Quantity 2 2 5 1 1 1 2 2 1
2 3 4
7 8
23
Offices with smoke detectors, two window type air conditioning units, two fire extinguishers, 3 desks, 3 swivel chairs, book shelves, steel lockers, desk lamps, reading lamps, desk top computer and laser jet printer. Laundry room c/w heavy duty washing machine and drier Camp Manager/Cateress accommodation each with two bedrooms - 2 beds per room c/w beddings, toilet and shower, smoke detectors, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers Cement laboratory c/w accessories, desk top computer and laser jet printer, 2 desks, 2 swivel chairs, smoke detectors, two window type air conditioning units, two fire extinguishers, book shelves, steel lockers
3 1 1 1
9 10 11
12
Cleaning entails but is not limited to: 1. Cleaning Containerized Offices/Facilities The floors should be swept and damp mopped once daily using approved detergents. The floors should always be kept clean and dry ALL container walls, internally and externally, should be wiped once a week with detergents approved by the client to remove all marks and stains.
2. All Kitchens These should be damp mopped, dust floor screed, scrub, apply polish, and machine buffed with approved detergent daily. They should be kept clean and dry all the time. Dust, clean and wipe all furniture, fittings, electronics and electric appliances using approved detergents.
3. All Bathrooms and Toilets ALL toilet floors should be wiped and mopped, kept dry and disinfected using approved disinfectants continuously and always kept clean. Scrub, brush and disinfect the inside and outside toilet bowls under the rim, toilet seat, toilet cover and flush both the Asian and English type toilet. Ensure availability of tissue paper and hand towel at all times Any system failures such as leakages should be reported for prompt repair.
4. Basins, Sinks and Urinals Scrubbing with suitable detergent and disinfecting twice daily. Disinfect daily all hand-touch facilities i.e. door handles, wipe mirrors flush and tap handles to be wiped and polished. Removal of marks noticed and reporting of any leakages always.
5. Provision of Toilet Papers and Fresheners Supply moth balls, sanitary blocks, self-dispensing air fresheners, liquid hand washing soap, high quality brilliant white toilet papers and hand tissues throughout the day and refilling them all the time. Samples of the toilet paper, hand tissue, hand soap and fresheners should be approved by the employer.
24 6. Fumigation, Sanitary Services and Garbage Collection and Management Fumigation shall be on quarterly basis using the approved chemicals as per the NEMA & Kenya Pest Control Board Regulations and/or any other law and the exercise shall be executed in accordance to the laws. Sanitary services shall entail provision of sanitation bins, emptying, cleaning and ensuring that they remain odourless throughout. The sanitary bins must be heavy duty pedal for hands-free sanitary refuse disposal type. The bins should be emptied twice a month, as and when required. All Dust Bins/Waste Paper Baskets, Shredders bins and Ashtrays must always be emptied and cleaned. Ensure the refuse chute and rubbish collection areas are cleaned at all times. The Contractor to supply dustbin-lining, polythene bags 1000 gauge in all bins at all times. Garbage within all the contracted areas should be collected daily, segregated, weighed and disposed as per NEMA Regulations. The category of waste emitted from KenGen Drilling Operations is categorized as Biodegradable Hazardous waste Bottles/Plastics and polythene Sanitary dressings Sludge Oily rag
(1) (2) (3) (4) (5) (6)
7. Linen, Towels and Overalls All bed linen, towels and overalls should be laundered /dry cleaned, disinfected and pressed once a week.
8. All Equipment, Furniture and Fittings All desks, chairs and storage units (wooden or metal) should always be cleaned and polished using the appropriate polish and any stains removed. Computers, printers, photocopiers, shredders and typewriters should be dusted and cleaned daily. All furniture covered with fabric should be shampooed and sanctioned cleaned once a month. Discoloration and stains removed as and when necessary. Excess water should be mechanically sucked and chairs dried in readiness for the next day of business. Care should be taken to ensure that the fabric is not damaged during cleaning. The contractor will be liable for any damage. Plastic Chairs should always be kept clean.
25 9. Doors and Partitions 10. All doors and doors handles must be cleaned and disinfected daily and polished once a week. All door hinges should be oiled regularly when need arises. The oil should be supplied and applied by the contractor and should be non-staining. All office partitions should be wiped daily.
Curtains, Blinds and Shears All curtains and blinds, should be laundered/dry cleaned and pressed once a month but shears will be cleaned fortnightly or as determined by KenGen from time to time.
11.
Exhausting septic tanks The Contractor should continuously monitor the levels and empty the septic tanks as and disludge as when need to do so arises. The Contractor will bear the cost of exhausting and transporting (according to NEMA requirements) the sludge to the local authority designated sewage disposal sites.
12.
Security Guard Rooms These should be swept, mopped daily and scrubbed once a week and applicable wax/polish applied. Chairs and Tables should also be dusted and wiped daily. Security Lights and Fire Extinguishers should always be cleaned and wiped all the time under supervision of KenGen Staff.
13.
All Laboratories They should be cleaned, damp mopped, dust floor screed, scrub, apply polish, and machine buffed with approved detergent daily under the supervision of KenGen staff. They should be kept clean and dry throughout. Cleaning of laboratory apparatus and other equipment under the supervision of Cementing Technician/in charge.
NOTE: All daily cleaning must be done first thing in the morning by 7.45 a.m. using the approved detergents.
26 2 Evaluation Criteria:
Preliminary Evaluation (Yes / No) No 1 2 3 4 5 6 7 8 9 10 11 Description of Criteria Mandatory site (signed form) A copy of Certificate of Incorporation Evidence of Labour law compliance in relation to staff remuneration A copy of workers injuries benefit insurance cover A copy of NSSF & NHIF compliance certificate Environmental Safety and Health Policy A copy of License from Kenya Pest Control Board
A copy of Public Health Certificate for Personnel Certificate of good Conduct for Personnel A copy Business Permit
Yes
No
Valid Tax Compliance certificate issued by Kenya Revenue Authority
Detailed Evaluation Score Sheet

No Description of Criteria Max. Score Evidence of the relevant NEMA Certificates: 1. 6 a. License to Handle and Transport Waste(1) b. License to dispose hazardous waste(1) c. License to dispose biodegradable waste(1) d. License to dispose Bottles, Plastic & polythene wastes(1) e. License to handle sanitary bins and disposal of the waste(1) f. License to undertake exhauster services(1) 2 Physical Facilities 10 List of detergents, chemicals, pesticide other appropriate consumables related to the cleaning services offered. Indicate the description and trade names of each consumable and categorize them as per the nature of service they will be used for. (4) Breakdown of machines, equipment/tools related to the services to be provided. (4) Personal protective equipment list.(2) 3 Experience/Reputation 5 Tenderers work experience Below 3 years(1) 3 years (3) Above(5) Supervisors and Managers must have:4 5 KSCE Certificate; Certificate of Good Conduct; Certificate/Diploma in relevant courses such as housekeeping and communication/managerial skills; Certificate (1) Diploma (2) Three years relevant working experiences (1) Letter of recommendation from previous area of operation (1).
27
Submission of Workplan Number of staff to be deployed in each specific areas of service as provided in the Bill of Quantities. This shall include their intended wage rate, which shall be in accordance to the labor law. a)Minimum wage (0) b)Above minimum wage (1) Training Schedule(1) Supervisors daily checklist (2) Waste handling procedure i.e biodegradable, hazardous, Bottles, Plastic, polythene and septic wastes (15) Food Handling Procedures-(10) Safety measures including emergency or contingency measures in terms of staffing for any eventuality (3) Methodology of execution(3) Record of poor performance or termination of contract by KenGen on any 6 previous contracts(0) Record of very good performance and non Termination by KenGen on any previous contract (2) Adequacy of proposed facilities and Kitchenware 7 Availability of transport facilities (attach proof of ownership or Lease) 8 Public Health Certificate for Personnel 9 Document Presentation (4) 10 Total Score 5 35
15 10 8 4 100%
Tenderers MUST attain the 80% minimum pass mark to be deemed successful. NB: KenGen will inspect the premises of the successful bidder before Contract negotiations. 3 Price Schedule
Part A: Catering Services

No Item description Units No per day 200 100 200 200 100 100 20 Unit Price (Ksh.) Sub-Total Total Cost in (Daily Cost) Ksh. (2yrs = (Ksh.) 730 days)
1 2 3 4 5 6 7
Breakfast Ten Oclock tea/Coffee/Milo or chocolate Lunch Dinner Four Oclock Tea/Coffee/Milo or Chocolate Mid-night Tea/Coffee/Milo or Chocolate Purified Mineral Water per day
persons persons persons persons persons persons 20-liter container
Other costs(specify) Sub-total Taxes Total Cost
28 NB: The contractor MUST ensure availability of purified mineral drinking water at the hot/cold water dispensers at ALL times. Part B: Cleaning and Laundry Services
No Area of assignment Description of works (Scope of work) As per specification and scope of cleaning works As per specification and scope of cleaning works As per specification and scope of cleaning works As per specification and scope of cleaning works As per specification and scope of cleaning works Cost per month (Ksh.) Total Cost in Ksh. (2yrs = 24 months)
1.
4 5
Rig Site Offices and Accommodation Facilities for KenGen Rig 1 Rig Site Offices and Accommodation Facilities for KenGen Rig 2 Rig Site Offices and Accommodation Facilities for KenGen N370 Rig Rig Base Camp for 3 rigs sharing Laundry services
Other costs(specify) Sub-total(Quarterly ) Taxes Total (Two Years)
Part C: One off Supplies

No 1 2 3 4 Area of assignment Rig Site Offices and Accommodation Facilities for KenGen Rig 1, Rig 2, Rig N370 and Base Camp. Description of works (Scope of work) Supply and Install Hand Towel Dispenser (45) Supply and install Soap dispensers Supply and Install Jumbo size Tissue dispensers-two Supply and Install self/auto dispensing wall-mounted air fresheners Supply and Install hot/cold water dispensers Qty 45 45 45 45 Unit Price (Ksh.) Total Cost (Ksh.)
5 Other costs(specify) Sub-total Taxes Total (Two Years)
60
NB: The contractor MUST ensure availability of the dispensed materials at ALL times.
29 Part D: Sanitary Services

No Location 1 KenGen Rig 1 2 KenGen Rig 2 3 KenGen Rig N370 4 Base Camp Total Number of Bins Other costs(specify) Sub-total Taxes Total (Two Years) No. of bins required 2 2 2 4 10
Part E: Fumigation Services

No Area Details 1 KenGen Rig 1 2 KenGen Rig 2 3 KenGen Rig N370 4 Base Camp Other costs(specify) Cost per m2 Sub-total(Quarterly ) Taxes Total Cost (Two Years) Compound area in m2 Approximately 5000
Part F: Charges if Contractors Kitchen Equipment is used

No 1. Electric Cooker 2 Electric fryer 3 4-ranger gas cooker 4 Refrigerator 5 Deep freezer 6 Electric oven Other costs(specify) Sub-total Taxes Total Equipment Daily Cost (Ksh.)
Part G: Summary
No Part Total Cost (Ksh.)
1. A 2 B 3 C 4 D 5 E Total, Ksh. (To be transferred to Tender Form)

30 NB: 1. To be deemed responsive, the bidder MUST quote from part A to Part F. 2. The economic consideration will be on the lowest evaluated total in all Schedules combined for provision of the services within Olkaria. 3. Bidders shall show their MARK UPs in percentage (%) for provision of the same Services in Longonot and Eburru as follows: Area Longonot Eburru 4. There will be a MANDATORY site visit for bidders to familiarize themselves with the Areas. The approximate distances from Naivasha town to these operational areas are as follows: i) Naivasha Town to Olkaria I Power Station ii) Naivasha Town to Longonot iii) Naivasha Town to Eburru 34 km 47 km 65 km Mark up (%)
NB: Geothermal wells will be drilled within a radius of 15 km within a particular geothermal area.
4 Standard of Performance
The Contractor shall perform the Work and carry out their obligation with due diligence. A certified list of the personnel to be served will be provided by KenGen for each meal in the format below. Meal_______________ No 1. 2. 3. . Name Date______________ Staff No. Time Time_________ Signature
Name KenGen Representative: _______________
Designation _____________ _____________ _____________
Signature _________ _________ _________
Contractor Representative: _______________ Authorizing officer: _______________
Two copies shall be submitted to KenGen; the first copy being submitted together with monthly invoices for payment.
31
SECTION F TENDER FORM

To: Kenya Electricity Generating Company Limited, Stima Plaza Phase III, Kolobot Road, Parklands, P.O Box 47936-00100, NAIROBI. Kenya. Gentlemen and/or Ladies: 1. Having examined the Tender Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to .(description of Works) in conformity with the said Tender Document for the sum of .......................................................................................................... (total tender amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to carry out the Works in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10% percent of the Contract Price for the due performance of the Contract, in the form prescribed by KenGen. 4. We agree to abide by this Tender for a period of 90 days from the date fixed for Tender opening under Clause 19 of the Instructions to Tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. 6. We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this ________________ day of ________________ 2013.
[Signature]
[In the capacity of]
Duly authorized to sign Tender for and on behalf of
32
SECTION G TENDER-SECURING DECLARATION FORM

[The Bidder shall complete in this Form in accordance with the instructions indicated] Date: [insert date (as day, month and year) of Bid Submission] Tender No. [ Insert number of bidding process] To: Kenya Electricity Generating Company We, the undersigned, declare that: 1. We understand that, according to your conditions, bids must be supported by a BidSecuring Declaration. 2. We accept that we will automatically be suspended from being eligible for bidding in any contract with the Purchaser for the period of time of [12 months] starting on [insert date of signing this form], if we are in breach of our obligation(s) under the bid conditions, because we a) Have withdrawn our Bid during the period of bid validity specified by us in the Bidding Data Sheet; or b) Having been notified of the acceptance of our Bid by the Purchaser during the period of bid validity, (i) Fail or refuse to execute the Contract, if required, or (ii) Fail or refuse to furnish the Performance Security, in accordance with the ITT. 3. We understand that this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) Our receipt of a copy of your notification of the name of the successful Bidder; or (ii) Thirty days after the expiration of our Tender. 4. We understand that if we are a Joint Venture, the Bid Securing Declaration must be in the name of the Joint Venture that submits the bid, and the Joint Venture has not been legally constituted at the time of bidding, the Bid Securing Declaration shall be in the names of all future partners as named in the letter of intent. Signed: [insert signature of person whose name and capacity are shown] in the capacity of [insert legal capacity of person signing the Bid Securing Declaration] Name: [insert complete name of person signing the Bid Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder] Dated on . day of ., . [Insert date of signing]
33
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) must be filled. You are advised that giving wrong or false information on this Form will lead to automatic disqualification / termination of your business proposal at your cost. Part 1 General Business Name:...... Certificate of Incorporation / Registration No. Location of business premises: Country ... Physical address .Town . BuildingFloor.. Plot No. Street / Road .... Postal Address .Postal / Country Code Telephone Nos Fax Nos. . E-mail address ..Website. Contact Person (Full Names) . Direct / Mobile Nos. .. 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 Value Added Tax No.. Value of the largest single assignment you have undertaken to date (US$/KShs) . Was this successfully undertaken? Yes / No. .(If Yes, attach reference) Name (s) of your banker (s) .. Branches . Tel Nos. . Part 2 (a) Sole Proprietors Full names ..... Nationality .. Country of Origin .... *Citizenship details..... Company Profile . (Attach brochures or annual reports in case of public companies)
34 Part 2 (b) Partnerships Give details of partners as follows: Full Name Nationality 1 2 3 4
Citizenship Details
Shares
Company Profile .(Attach brochures) Part 2 (c) Registered Company 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:-
NOTE: THIS SECTION MUST BE FILLED TO QUALIFY FOR DOMESTIC PREFERENCE.

Full Name 1 2 3 4 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 or corrupt acts with regard to this or any other tender by KenGen and any other public or private institutions. Full Names Signature. Dated this day of 2013. In the capacity of Duly authorized to sign Tender for and on behalf of Part 2 (e) Criminal Offence I/We, (Name (s) of Director (s)):a) b) c) d) ... ... Nationality Citizenship Details Percentage of Age/Gender Shares
35 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 .2013. Suppliers / Companys Official Rubber Stamp Part 2 (f) Conflict of Interest I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement: a) b) c) d) For and on behalf of M/s In the capacity of Dated this day of .2013 Suppliers / Companys Official Rubber Stamp Part 2 (g) 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 1 2 3 4 Part 2(h) Experience Please list here below similar projects accomplished or companies / clients you have supplied with similar items or equipments in the last two (2) years. Company Name Country Contract/Order Value No. Contact person (Full Names) E-mail address Cell phone No. Title Signature Date
36 1 2 3 4 Note: The contact person should be at the level of director. Part 2(i) Declaration I / We, the undersigned state and declare that the above information is correct and that I / We give Procurement Entity 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 .2013. Suppliers / Companys Official Rubber Stamp *Attach proof of citizenship * Attach certified copies of the following documents: Previous orders from companies supplied before Certificate of Incorporation / Registration Tax Compliance Certificate (for local suppliers) Copy of Bank Statements for the last Six Months/Bank Reference Letter Certificate of Registration in a target group issued by the Ministry of Finance or Respective County Treasury *The above documents should be submitted if they are applicable to bidder. a) b) c) d) e)
37
SECTION I CONTRACT FORM

THIS AGREEMENT made the ................. day of ...................................... 2013 between KenGen of the one part and ................................. (name of Contractor) of .....................................................(city and country of Contractor) (hereinafter called the Contractor) of the other part:
WHEREAS KenGen invited tenders for certain Works, viz.,................... (description of Works) and has accepted a tender by the Contractor to carry out those Works in the sum of ............................................................................................................ ..........................(Contract Price in words and figures) (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. The following document shall be deemed to form and be read and construed as part of this Agreement, viz.: (a) (b) (c) (d) (e) 3. The Tender Form and the Price Schedule submitted by the Contractor; The Technical Specifications, Schedule of Requirements and Prices; The General Conditions of Contract; The Special Conditions of Contract; and KenGens Notification of Award.
2.
In consideration of the payments to be made by KenGen to the Contractor as hereinafter mentioned, the Contractor hereby covenants with KenGen to carry out the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract KenGen hereby covenants to pay the Contractor in consideration of the Works 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.
4.
38
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in the day and year first above written. Signed and Sealed in the Common Seal of KenGen in the presence of:
COMPANY SECRETARY
WITNESS
) ) ) ) ) ) ) )
Signed and Sealed with the Common Seal of the Contractor in the presence of:
DIRECTOR
SECRETARY
) ) ) ) ) ) ) ) )
39
SECTION J PERFORMANCE SECURITY FORM

(To be on the Letterhead of the Bank)
To: Kenya Electricity Generating Company Limited, Stima Plaza Phase III, Kolobot Road, Parklands, P.O Box 479360-00100, NAIROBI. KENYA
WHEREAS ........................................................................................................[name of Contractor] (hereinafter called the Contractor) has undertaken, in pursuance of Contract No. .......................... dated ...................................................2013 to ................... (description of Works) (hereinafter called the Contract). AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the Contractors performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Contractor a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Contractor, up to a total of .................................................................... (amount of guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the Contractor to be in default under the Contract and without cavil or argument, any sum or sums within the limits of................................................................ (amount in words and figures) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the ........................... day of ....................................2013.
Signature and seal of the Guarantors
[Name of bank or financial institution]
[Address]
[Date]

KGN OLK 80 2013 Tender For Provision of Catering and Housekeeping Services For Geothermal Drilling Staff Field Accommodation Facilities Camps

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KENYA ELECTRICITY GENERATING COMPANY LIMITED

ii Table of Contents Section A: Invitation for Tenders .......................................................................................... 1

Section B: Instructions to Tenderers..................................................................................... 2

Section C: Conditions of Contract ....................................................................................... 14 Section D: Special Conditions of Contract ......................................................................... 19

Section E: Technical Specification, Evaluation Criteria & Price Schedules .................... 20

Section F: Tender Form ....................................................................................................... 31

Section G: Tender Security Form ............................................ Error! Bookmark not defined.

Section H: Mandatory Confidential Business Questionnaire Error! Bookmark not defined.

Section I: Contract Form ..................................................................................................... 37

Section J: Performance Security Form .............................................................................. 39

SUPPLY CHAIN MANAGER

SECTION B INSTRUCTIONS TO TENDERERS 1. Introduction

2. Scope of Work and Obligations.

9. Tender Opening and Evaluation

10. Award of Contract

SECTION C CONDITIONS OF CONTRACT

14. Completion and Taking Over

18. Appendix to Conditions of Contract

SECTION D SPECIAL CONDITIONS OF CONTRACT

Provision of catering services for drilling personnel at Olkaria.

SECTION E TECHNICAL SPECIFICATION, EVALUATION CRITERIA & PRICE SCHEDULES

10am and Teabreak

Day workers to be served at the drilling Site.

Provision of catering services for drilling personnel at Olkaria.

Two types of vegetarian menus

(1) (2) (3) (4) (5) (6)

Valid Tax Compliance certificate issued by Kenya Revenue Authority

Detailed Evaluation Score Sheet

Part A: Catering Services

persons persons persons persons persons persons 20-liter container

Other costs(specify) Sub-total Taxes Total Cost

Other costs(specify) Sub-total(Quarterly ) Taxes Total (Two Years)

Part C: One off Supplies

5 Other costs(specify) Sub-total Taxes Total (Two Years)

29 Part D: Sanitary Services

Part E: Fumigation Services

Part F: Charges if Contractors Kitchen Equipment is used

1. A 2 B 3 C 4 D 5 E Total, Ksh. (To be transferred to Tender Form)

Name KenGen Representative: _______________

Designation _____________ _____________ _____________

Signature _________ _________ _________

Contractor Representative: _______________ Authorizing officer: _______________

SECTION F TENDER FORM

Dated this ________________ day of ________________ 2013.

[In the capacity of]

Duly authorized to sign Tender for and on behalf of

Provision of catering services for drilling personnel at Olkaria.

SECTION G TENDER-SECURING DECLARATION FORM

NOTE: THIS SECTION MUST BE FILLED TO QUALIFY FOR DOMESTIC PREFERENCE.

SECTION I CONTRACT FORM

SECTION J PERFORMANCE SECURITY FORM

Signature and seal of the Guarantors

[Name of bank or financial institution]

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Designation _______ _ _______

Signature _____ _ _____

Contractor Representative: _ Authorizing officer: _

Dated this day of 2013.