E-Procurement System NCB N KP1/6A.1/PT/12/20/A85

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THE KENYA POWER & LIGHTING COMPANY PLCVOLUME 1NATIONAL OPEN TENDER DOCUMENT FOR PROCUREMENT OF DESIGN,SUPPLY, INSTALLATION AND COMMISSIONING OF PRIMARY DISTRIBUTIONSUBSTATIONS AND ASSOCIATED LINES(e-Procurement System)NCB No: KP1/6A.1/PT/12/20/A85Project: Primary Distribution Substations to Support Last MileConnectivity ProjectsIssued on: 02nd February, 2021THE KENYA POWER & LIGHTING COMPANY LIMITEDCENTRAL OFFICE, STIMA PLAZA,KOLOBOT ROAD, PARKLANDS,P.O. BOX bsite:Email254-020-3201000; 3644000 Pilot Lines254 -711031932; 711031879; 711031312 Cellularwww.kplc.co.ke1. SMucheke@kplc.co.ke2. KOwino@kplc.co.ke3. Aomar@kplc.co.ke1 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLCABBREVIATIONS AND MPPAD 2015PPRAVATNCANCBBid Data SheetBill of QuantitiesCentral Bank of KenyaConditions of ContractDelivery Duty PaidEnergy Regulatory CommissionEnergy and Petroleum Regulatory AuthorityGovernment of KenyaInstitute of Certified Public Accountants of KenyaJoint VentureKenya Power & Lighting Company LimitedKenya ShillingsProject ManagerPublic Procurement and Asset Disposal Act, 2015Public Procurement Regulatory AuthorityValue Added TaxNational Construction AuthorityNational Competitive bidding documentNOTE:ALL TENDERERS ARE ADVISED TO READ CAREFULLY THIS TENDER DOCUMENT IN ITSENTIRETY BEFORE MAKING ANY BID2 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLCTABLE OF CONTENTSABBREVIATIONS AND ACRONYMS.2SECTION I - INVITATION TO TENDER.4SECTION II - TENDER SUBMISSION CHECKLIST.6SECTION III - INSTRUCTIONS TO TENDERERS (ITT).10SECTION IV - APPENDIX TO INSTRUCTIONS TO TENDERERS.34SECTION V- SCHEDULES OF PRICE.39SECTION VI- WORKS REQUIREMENTAND PARTICULAR SPECIFICATIONS.76SECTION VII - EVALUATION CRITERIA.77SECTION VIII – GENERAL CONDITIONS OF CONTRACT.93SECTION IX – SPECIAL CONDITIONS OF CONTRACT.107APPENDICES TO SPECIAL CONDITION OF CONTRACT .113SECTION X - STANDARD FORMS.1143 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLCSECTION I - INVITATION TO TENDERTENDER NO: KP1/6A.1/PT/12/20/A85 FOR PROCUREMENT OF DESIGN, SUPPLY,INSTALLATION, TESTING AND COMMISSIONING OF PRIMARY DISTRIBUTIONSUBSTATIONS AND ASSOCIATED LINES1.1The Kenya Power & Lighting Company Limited hereinafter referred to KPLCinvites bids from eligible Tenderers for Design, Supply, Installation, andCommissioning of Primary distribution substations and associated lines. Interestedeligible citizen contractors may obtain further information from the GeneralManager- Supply Chain, The Kenya Power & Lighting Company Ltd at StimaPlaza, 3rd Floor, Kolobot Road, P.O. Box 30099 – 00100 Nairobi, Kenya.1.2Obtaining tender documents.1.2.1 Tender documents detailing the requirements may be obtained from the KPLC EProcurement Portal.1.2.2 Prospective bidders may also download the tender document from KPLC’s website(www.kplc.co.ke) free of charge.1.3Submission of Tender documentsCompleted Tenders are to be submitted in electronic format on the KPLC’s Eprocurement portal on the due date and time published on the portal. Tenderers arerequired to visit the portal from time to time for revised closing dates andaddendums. The Tender is to be submitted ONLINE on or before the submissiondate and time indicated on the KPLC online tendering portal.1.4PricesPrices quoted should be inclusive of all taxes and delivery costs to the required siteof equipment installation and must be in Kenya Shillings only, and shall remainvalid for One Hundred and eighty (180) days from the closing date of the tender.Note: Prices indicated on the KPLC online tendering portal should be exclusive of VAT.4 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLC1.5Opening of submitted TendersTenders will be opened promptly thereafter in the presence of the Tenderer’s ortheir representatives who choose to attend in KPLC Auditorium at Stima Plaza,Kolobot Road, Parklands, Nairobi.1.6Mandatory Pre-bid meeting and site visit to the three (3) project sitesThere will be a mandatory pre-bid meeting to be held at KPLC’s premises, StimaPlaza, Auditorium, Kolobot Road, Nairobi, Kenya at 10:00 am on 08th February,2021 and site visit thereafter.5 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLCSECTION II - TENDER SUBMISSION CHECKLIST2. Tender Submission FormatTenderers shall submit in their bid the documents listed in the table below.This order and arrangement shall be considered as the Tender Submission Format. Tenderersare advised to clearly label their documents while uploading on the e-procurement portal andshall tick against each item indicating that they have provided it.Tick WhereProvidedNo Item123456789101112131415161718192021222324Tender Security – Bank Guarantee issued by Banks Licensed by the CentralBank of Kenya)Duly completed Declaration FormDuly completed Tender FormDuly completed Confidential Business Questionnaire (CBQ)Duly completed performance qualification information FormsKey project implementation personnel academic qualifications andexperience information formsProposed Work Plan (Work methodology & Project implementationSchedule)Duly completed and signed Site Visit Form (Mandatory)Copy of bidder’s company Certificate of IncorporationDuly completed Guaranteed Technical Particulars for all major itemsCertificate of Confirmation of Directors and Shareholding (CR12)Copy of bidder’s relevant ERC/EPRA Class of registration as Electricalcontractor from Energy & Petroleum Regulatory Authority (EPRA)Copy of Subcontractor’s relevant ERC/EPRA Class of registration asElectrical contractor from Energy & Petroleum Regulatory Authority (EPRA)(where applicable)Copy of Subcontractor’s Certificate of Incorporation (whereApplicable)Copy of bidder’s relevant Certificate of registration from the NationalConstruction Authority (NCA- Civil, Building and Electrical works)Copy of Subcontractor’s relevant Certificate of registration from theNational Construction Authority (NCA- Civil, Building and electricalinstallation works) (where applicable)Copy of Valid KRA Tax Compliance CertificateCopy of KRA PIN certificateType Test report and Certificates for major materialsCopy of accreditation certificate for the type test testing laboratory as perISO/IEC 17025Valid and current ISO 9001:2015 Certificates for the manufacturer of materialsor for locally manufactured materials a valid Mark of Quality Certificate orStandardization Mark Certificates from the Kenya Bureau of Standards(KEBS).Catalogues and Manufacturer’s drawings of all major materialsManufacturer’s Authorisation formThree (3) similar previous EPC signed contracts with full contacts as well asphysical addresses, and reference letters from at least three (3) of the clients6 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLCTick WhereProvidedNo Item2526272829A list of four (4) signed sales contracts and four (4) reference letters, contactsand physical addresses for similar major items, outside country of origin inthe last 3 years. This shall be provided for every major item to be supplied inthis contract (Not applicable for all locally sourced materials).Duly completed, signed and stamped Price schedulesStatement on Deviations if anyAudited Financial Statements for the last (3) three years. The latest auditedfinancial statements must be those that are reported within twelve (12)Calendar months from the date of the tender document.Any other document or item required by the tender document. (Tenderershall specify such other documents or items it has submitted)*NOTES TO TENDERERS1.2.Valid Tax Compliance Certificate shall be one issued by the relevant tax authoritiesand valid for at least up to the tender closing dateValid Registration Certificate shall be one issued by the relevant body i.e. NationalConstruction Authority (NCA) and Energy and petroleum regulatory Authority(EPRA).7 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLCTABLE OF PARAGRAPHS ON INSTRUCTIONS TO TENDERERSParagraph No.HeadingsPage No.3.1Definitions . 103.2Eligible Tenderers . 113.3Ineligible Tenderers. 123.4Declarations of Eligibility . 133.5Joint Venture . 133.6Time for Completion of Works . 143.7Source of Funding . 153.8Conflict of Interest . 153.9One Tender per Tenderer . 153.10Mandatory Pre-Bid Meeting and Sample Site Visit . 163.11Cost of Tendering . 163.12Contents of the Tender Document . 163.13Clarification of Documents . 173.14Amendment of Documents . 173.15Language of Tender . 173.16Documents Comprising the Tender . 183.17Tender Forms . 193.18Tender Rates and Prices . 193.19Tender Currencies . 203.20Tenderer’s Eligibility and Qualifications . 203.21Eligibility and Conformity of Works to Tender Documents . 223.22Demonstration(s), Inspection(s) and Test(s) . 233.23Warranty. 233.24Tender Security . 233.25Validity of Tenders. 253.26Alternative Offers . 253.27Preparation and Signing of the Tender . 253.28Deadline for Submission of Tenders . 263.29Modification and Withdrawal of Tenders . 263.30Opening of Tenders . 263.31Process to be Confidential . 273.32Clarification of Tenders and Contacting KPLC . 273.33Preliminary Tender Evaluation . 283.34Minor Deviations, Errors or Oversights . . 283.34Minor Deviations, Errors or Oversights .288 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY PLC3.35Technical Evaluation and Comparison of Tenders. 283.36Financial Evaluation. 283.37Preferences. . 293.38Debarment of a Tenderer. 303.39Confirmation of Qualification for Award. 303.40Award of Contract. 303.41Termination of Procurement Proceedings. 303.42Notification of Award. 303.43Clarifications with the Successful Tenderer (s) . 313.44Signing of Contract. 313.45Performance Security.3.46Corrupt or Fraudulent Practices. 339 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS32

THE KENYA POWER & LIGHTING COMPANY PLCSECTION III - INSTRUCTIONS TO TENDERERS (ITT)3.1 DefinitionsIn this tender, unless the context or express provision otherwise requires: a)Any reference to any Act shall include any statutory extension, amendment,modification, re-amendment or replacement of such Act and any rule,regulation or order made there-under.b)“Date of Tender Document” shall be the start date specified on the KPLCtendering portal.c)“Day” means calendar day and “month” means calendar month.d)“KEBS” wherever appearing means the Kenya Bureau of Standards or itssuccessor(s) and assign(s) where the context so admits.e)“KENAS” wherever appearing means the Kenya National AccreditationService or its successor(s) and assign(s) where the context so admitsf)“NCA” wherever appearing means the National Construction Authority orits successor(s) and assign(s) where the context so admitsg)“PPRA” wherever appearing means The Public Procurement RegulatoryAuthority or its successor(s) and assign(s) where the context so admits.h)Reference to “the tender” or the “Tender Document” includes its appendicesand documents mentioned hereunder and any reference to this tender or to anyother document includes a reference to the other document as variedsupplemented and/or replaced in any manner from time to time.i)“The Procuring Entity” means The Kenya Power and Lighting CompanyLimited or its successor(s) and assign(s) where the context so admits(hereinafter abbreviated as KPLC).j)“The Tenderer” means the person(s) submitting its Tender for theperformance of Works in response to the Invitation to Tender. This mayinclude a business name, joint venture, private or public company,government owned institution or any combination of one or more of them.k)Where there are two or more persons included in the expression the“Tenderer”, any act or default or omission by the Tenderer shall be deemed tobe an act, default or omission by any one or more of such persons.l)Words importing the masculine gender only, include the feminine gender or(as the case may be) the neutral gender.m)Words importing the singular number only include the plural number andvice-versa and where there are two or more persons included in theexpression the “Tenderer” the covenants, agreements and obligationsexpressed to be made or performed by the Tenderer shall be deemed to bemade or performed by such persons jointly and severally.10 of 161NATIONAL COMPETITIVE OPEN TENDER FOR SUPPLY, DESIGN, INSTALLATION AND COMMISSIONING OFPRIMARY DISTRIBUTION SUBSTATIONS

THE KENYA POWER & LIGHTING COMPANY ��Works” means the construction, repair, renovation or demolition ofbuildings, roads or other structures and includes the design, supply,installation, testing and commissioning of equipment and materials, sitepreparation and other incidental services where applicable.KPLC’s “authorised person” shall mean its MD & CEO who is designatedby the PPAD Act 2015 to exercise such power, authority or discretion as isrequired under the tender and any contract arising therefrom, or such otherKPLC staff delegated with such authority.Citizen contractors-a firm shall be qualified as a citizen contractor if itsowners and shareholders are Kenyan citizensLocal contractors- a firm shall be qualified as a local contractor if it isregistered in Kenya.Eligible TenderersThis Invitation to Tender is open to all Citizen Contractors eligible as described inthe Bid Data Sheet (Appendix to Instructions to Tenderers). Successful Tenderersshall perform the Works in accordance with this tender and the ensuing contract.Agreements between undertaking to directly or indirectly fix purchase or sellingprices or any other trading conditions are prohibited. Where this is discovered, theundertakings involved will not be eligible for award and all undertakings involvedshall be disqualified.The classification of eligibility shall be in accordance with that maintained byKenya’s NCA and EPRA or their successors responsible for

national competitive open tender for supply, design, installation and commissioning of primary distribution substations section i - invitation to tender tender no: kp1/6a.1/pt/12/20/a85 for procurement of design, supply, installation, testing and commissioning of primary distribution substations and associated lines

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