Pre-qualification Doc March 2012

PRE-QUALIFICATION OF L&T CONTRACTORS, 2012

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TENDER NO. KPLC1/6B-B/PROJ/PT/06/12 FOR CONSTRUCTION AND MAINTENANCE OF 66, 33, 11, 0.433, 0.240 kV LINES IN KENYA

KENYA POWER CENTRAL OFFICE, STIMA PLAZA, KOLOBOT ROAD, PARKLANDS, P.O. BOX 30099-00100, NAIROBI, KENYA. Telephones: +254-020-3201000; 3644000 Pilot Lines Telephones: +254 -720-600070/1-5/; -733-755001/2-3 Cellular Facsimile: +254-20-3514485; 3750240 Telegrams: “ELECTRIC” E-Mail: [email protected] Website: www. kplc.co.ke


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TABLE OF CONTENTS SECTION I - INVITATION FOR PREQUALIFICATION OF L&T CONTRACTORS ...................................... 4 SECTION II - TENDER SUBMISSION CHECKLIST ........................................................................................... 6

3.1 Definitions.......................................... 7 3.2 Eligibility for Pre-Qualification.................... 7 3.4 Fresh Pre-Qualification.............................. 8 3.5 Cost of Tendering.................................... 8 3.6 Contents of the Prequalification Document............ 8 3.7 Amendment of Documents............................... 9 3.8 Language of Tender................................... 9 3.9 Documents Comprising the Tender...................... 9 3.10 Letter of Application............................... 9 3.11 Clarification of Documents.......................... 10 3.13 Tenderer’s Eligibility and Qualifications........... 10 3.17 Validity of Tenders................................. 10 3.14 Number of Sets of and Tender Format................. 11 3.15 Preparation and Signing of the Tender............... 11 3.16 Sealing and Outer Marking of Tenders................ 11 3.17 Deadline for Submission of Tenders.................. 12 3.18 Modification and Withdrawal of Tenders.............. 12 3.19 Opening of Tenders.................................. 12 3.20 Clarification of Tenders............................ 12 3.21 Inspection.......................................... 13 3.22 Tender Evaluation................................... 13 3.23 Process to be Confidential.......................... 13 3.24 Minor Deviations, Errors or Oversights.............. 14 3.25 Tender Evaluation Period............................ 14 3.26 Debarment of a Tenderer............................. 14 3.27 Confirmation of Pre-Qualification................... 14 3.28 Approval of Pre-qualification....................... 14 3.29 Termination of Procurement Proceedings.............. 14 3.30 Notification of Appointment......................... 15 3.31 Acceptance of Pre-qualification..................... 15 3.32 Corrupt or Fraudulent Practices..................... 15

SECTION IV PREQUALIFICATION REQUIREMENTS ................................................................................... 17 4.1 Instructions...................................... 17 4.2 QUALIFICATIONS....................................... 17

4.21 FINANCIAL CONDITION .................................................................................................................... 18 4.22 EXPERIENCE AND PAST PERFORMANCE ..................................................................................... 18 4.23 TOOLS AND EQUIPMENT ................................................................................................................... 18 4.24 CAPABILITY IN RESPECT TO PERSONNEL ................................................................................... 18 4.25 CONSTRUCTION ABILITY ................................................................................................................. 18

4.3 EVALUATION OF PREQUALIFICATION APPLICATIONS........ 19 (a). Mandatory Requirements:............................. 19 4.4 CANCELLATION OF PREQUALIFICATION..................... 20

SECTION V TENDERER'S PARTICULARS ..................................................................................................... 20 LIST OF FORMS............................................ 20

FORM NO.2 ............................................................................................................................................................ 23 STATEMENT OF TENDERER.................................... 23

FORM NO. 3 ........................................................................................................................................................... 24


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FINANCIAL STATUS OF TENDERER............................. 24 EXPERIENCE RECORD OF TENDERER............................ 25

FORM NO. 5 ........................................................................................................................................................... 27 PERSONNEL................................................ 27

FORM NO. 6 ........................................................................................................................................................... 30 TOOLS AND EQUIPMENT...................................... 30

SECTION VII- DECLARATION FORM.......................................................................................................... 34 SECTION VIII -EVALUATION CRITERIA ......................................................................................................... 35

APPENDIX TO INSTRUCTIONS TO TENDERERS.................... 36


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SECTION I - INVITATION FOR PREQUALIFICATION OF L&T CONTRACTORS

The Kenya Power and Lighting Company Limited (KPLC) invites bids from eligible local firms for construction and maintenance of 66, 33, 11, 0.433, 0.240 (kV) lines, establishment of distribution substations and installation of service lines in Kenya as detailed in the tender Document:-

TENDER NO. DESCRIPTION OF TENDER TENDER CLOSING

DATE & TIME KPLC1/6B-B/Proj/PT/06/12

Prequalification of Labour & Transport (L&T) Contractors for construction of 66, 33, 11, 0.415 kV lines, S/Lines & installation of Distribution Transformers.

13.04.2012 Time:10.00 A.M

Bidders are advised as follows as a minimum requirement (in additional to further eligibility conditions in the tender document):

1. Only limited liability companies are eligible to apply. 2. Contractors/consultants offering Design, Way leaves or Survey services to KPLC are not eligible to

apply under this tender. 3. All existing KPLC L&T contractors whose prequalification expires on 30th April 2013 and earlier,

and who wish to be considered for prequalification upon expiry must apply under this tender. 4. No director will be allowed to exist in more than one prequalified L&T Company or in more than

one application for this prequalification. Non compliance with this requirement will result in automatic disqualification.

5. Only companies with clear electrical engineering background/ Electrical engineering experience are eligible to apply under this tender.

Pre-qualification Tender Documents may be obtained from the Office of the Project Manager, situated on 2nd Floor, Stima Investment Plaza, Mshembi Road, Nairobi, on normal working days from 14th March, 2012, between 9.00am and 4.00pm. The Pre-qualification Tender Documents will be issued upon payment of a non-refundable fee of KShs. 3,000 in cash or by Banker’s Cheque, payable to KPLC Finance office at Stima Plaza, 1st Floor. Tenderers are free to download tenders online from the KPLC website (www. kplc.co.ke) and make payments to KPLC bank account. Include the bank payment slip or receipt in the envelope with the tender as evidence of payment for the document. The bidders should use the following bank details: A/c Name: The Kenya Power & Lighting Company Limited A/c no: 0104074121608 Bank/Branch: Standard Chartered Bank Kenya Limited/Harambee Avenue Or A/c Name: The Kenya Power & Lighting Company Limited A/c no: 01120069019800 Bank/Branch: Co-operative Bank Kenya Limited/Stima Plaza Completed pre-qualification tender documents in plain sealed envelopes clearly marked with the “Tender No. KPLC1/6B-B/Proj/PT/06/12 and Tender Description” as more particularly described in the Tender Documents should be addressed and delivered to:- The Company Secretary The Kenya Power & Lighting Company Ltd. Stima Plaza, 7th Floor, Kolobot Road, Parklands P O Box 30099 - 00100 Nairobi, Kenya


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and deposited in the Tender Box situated on the Ground Floor, Stima Plaza, Nairobi so as to be received on or before 13th April 2012 at 10.00 a.m. Tenders will be opened on the same day at 10.30 a.m. in the Stima Plaza Auditorium, Nairobi and tenderers or their representatives who wish to witness the opening are welcome to do so. Save when responding to KPLC’s request for clarification, bidders shall not contact or discuss any aspect of their tenders with KPLC after tender closing date before receipt of notification of prequalification or letters of regret, as applicable. Any such contact shall lead to disqualification of the tenders.

CHIEF MANAGER SUPPLIES, STORES & TRANSPORT


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SECTION II - TENDER SUBMISSION CHECKLIST

This order and arrangement shall be considered as the Tender Format and shall be strictly followed to help the tenderer to submit a complete tender and facilitate accurate examination of submitted tenders during evaluation. Boundaries between submitted items shall be clearly marked with a hard or coloured paper. Where no submission is made for a particular item, this shall be clearly indicated on a separate sheet of paper (immediately after the respective boundary marker) with a suitable explanation. Tenderers shall tick against each item indicating that they have provided it. Non compliance to this format shall lead to disqualification. No. Item Tick Where

Provided 1 Letter of Application. 2 Confidential Business Questionnaire (CBQ) 3 Certified copy of CR 12 form from AG chambers duly certified

by commissioner of oaths

4 Copy of certificate of incorporation duly certified by commissioner of oaths

5 Registration certificate by ERC certified by commissioner of oaths

6 Copy of 1 year latest audited accounts certified by Chartered or a Certified Public Accountant

7 Certified copy of VAT certificate 8 Certified copy of Tax compliance certificate 9 Experience/past performance of the company 10 Experience/competence of staff other than safety officer 11 Experience of safety officer 12 Articles of association 13 Certified copy of Business permit/ council trade licence 14 Clear sketch for physical office


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SECTION III - INSTRUCTIONS TO TENDERERS 3.1 Definitions

In 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 begin with the first day and end on the last day of the month appearing on the cover page of the Prequalification document.

c) “Day” means calendar day and “month” means calendar month. d) “PPOA” wherever appearing means The Public Procurement Oversight

Authority or its successor(s) and assign(s) where the context so admits. e) Reference to “the tender” or the “Tender Document” or the Pre-qualification

tender document” includes its appendices and documents mentioned hereunder and any reference to this tender or to any other document includes a reference to the other document as varied supplemented and/or replaced in any manner from time to time.

f) “The Procuring Entity” means Kenya Power Lighting Company or its successor(s) and assign(s) where the context so admits (hereinafter abbreviated as KPLC).

g) “The Tenderer” means the person(s) submitting its application for the pre-qualification in response to the Invitation for Pre-qualification.

h) Where there are two or more persons included in the expression the “Tenderer”, any act of default or omission by the Tenderer shall be deemed to be an act, default or omission by any one or more of such persons.

i) words importing the masculine gender only, include the feminine gender or (as the case may be) the neutral gender.

j) words importing the singular number only include the plural number and vice-versa and where there are two or more persons included in the expression the “Tenderer” the covenants, agreements and obligations expressed to be made or performed by the Tenderer shall be deemed to be made or performed by such persons jointly and severally.

3.2 Eligibility for Pre-Qualification

3.2.1 This Invitation to Prequalify is open to all Tenderers eligible as described in the Appendix to Instructions to Tenderers.

3.2.2 KPLC’s employees, committee members, board members and their relatives (spouse(s) and children) are not eligible to participate in the tender.

3.2.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.


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3.3 Post – Qualification

3.3.1 KPLC will from time to time issue tenders for the actual supply of L&T services. 3.3.2 Only successful pre-qualified L&T contractors who are in Kenya Power’s list of pre-

qualified L&T contractors may be invited to tender for future assignments. 3.3.3 Pre-qualification will be for a period of 3 (three) years from the date of appointment

or as otherwise may be extended. After this period Kenya Power may conduct another pre-qualification for the services.

3.4 Fresh Pre-Qualification

3.4.1 At the end of the pre-qualification period, Kenya Power may conduct another pre-

qualification process at which the existing list of pre-qualified contractors will automatically expire.

3.4.2 At the fresh pre-qualification, all pre-qualified Tenderers in the List of pre-qualified contractors shall be required to re-apply if they so wish to be in the new of pre-qualified contractors .

3.5 Cost of Tendering

3.5.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and Kenya Power will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

3.5.2 The price to be charged for the Prequalification Document shall be as indicated in the Invitation for Prequalification.

3.6 Contents of the Prequalification Document

3.6.1 The Prequalification Document comprises the documents listed below and Addendum (where applicable) :-

a) Invitation for prequalification (ifpq) b) Tender submission checklist c) Instructions to Tenderers d) Prequalification requirements e) Tenderer's particulars f) Confidential business questionnaire form g) Declaration form h) Evaluation criteria

3.6.2 The Tenderer is expected to examine all instructions, forms, provisions, terms and

specifications in the Prequalification Document. Failure to furnish all information required by the Prequalification Document or to submit a tender not substantially


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responsive to the Prequalification Document in every respect will be at the Tenderer’s risk and shall result in the rejection of its Tender.

3.7 Amendment of Documents

3.7.1 At any time prior to the deadline for submission of Tenders, Kenya Power, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, may modify the tender documents by amendment.

3.7.2 All prospective Tenderers that have received the Prequalification documents will be notified of the amendment(s) (hereinafter referred to or otherwise known as addendum) in writing and will be binding on them.

3.7.3 In order to allow prospective Tenderers reasonable time in which to take the amendment into account in preparing their Tenders, KPLC, at its discretion, may extend the deadline for the submission of Tenders.

3.8 Language of Tender

The Tender prepared by the Tenderer, as well as all correspondence and documents relating to the tender, exchanged between the Tenderer and KPLC, shall be written in English language. Any printed literature furnished by the Tenderer written in another language shall be accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the Tender, the English translation shall govern. The English translation shall be on the Tenderer’s letterhead and shall be signed by the duly authorized signatory signing the Tender and stamped with the Tenderer’s stamp.

3.9 Documents Comprising the Tender

The Tender prepared and submitted by the Tenderers shall include but not limited to all the following components: - a) Letter of Application completed in accordance with paragraphs 3.10 below. b) Documentary evidence established in accordance with paragraph 3.13 that

the Tenderer is eligible and qualified to tender. 3.10 Letter of Application

The Tenderer shall complete the Letter of Application and all other documents furnished in the Prequalification Document attaching all documents required noting to include originals where necessary.


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3.11 Clarification of Documents

3.11.1 A prospective Tenderer requiring any clarification of the Prequalification Document may notify the Procurement Manager in writing or by post at KPLC’s address indicated in the Invitation for Prequalification. KPLC shall respond in writing to any request for clarification of the Prequalification documents, which it receives not later than seven (7) days prior to the deadline for the submission of Tenders, prescribed by KPLC. Written copies of KPLC’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Tenderers that have duly received the Tender Document.

3.11.2 KPLC shall reply to any clarifications sought by the Tenderer within three (3) days of receiving the request to enable the Tenderer make timely submission of its Tender.

3.11.3 If a prospective Tenderer sends an inquiry after the stated days or the inquiry is received by KPLC after the stated days, KPLC shall have the option of responding to the inquiry and extension of the date of submission of tenders or ignoring it.

3.13 Tenderer’s Eligibility and Qualifications

3.12.1 Pursuant to paragraph 3.2, the Tenderer shall furnish, as part of its Tender, documents establishing the Tenderer’s eligibility to tender and its qualifications to be pre-qualified.

3.12.2 The documentary evidence of the Tenderer’s eligibility to tender shall establish to KPLC’s satisfaction that the Tenderer, at the time of submission of its Tender, is eligible Tenderer as defined under paragraph 3.2.

3.12.3 The documentary evidence of the Tenderer’s qualifications to be pre-qualified if its

Tender is accepted shall be established to KPLC’s satisfaction –

a) that the Tenderer is not prohibited from tendering on the grounds of conflict of interest contrary to Public Procurement and Disposal Act.

b) that the Tenderer has the technical capability necessary to provide the services upon pre-qualification.

c) that the Tenderer has the capability necessary to provide the services if and when the Tenderer becomes the successful tenderer upon actual award of a subsequent tender.

3.17 Validity of Tenders

3.13.1 Tenders shall remain valid for the entire period of evaluation process.


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3.14 Number of Sets of and Tender Format

3.14.1 The Tenderer shall prepare one complete set of its Tender 3.14.2 The Tender shall be bound and divided clearly and strictly as listed in the Tender

Submission Checklist. The divisions are for clear identification and marking of the respective documents or information that are serially numbered in the Checklist.

3.14.3 The order and arrangement as indicated in the Tender Submission Checklist will be considered as the Tender Format and shall be strictly complied to.

3.14.4 Any Tender not prepared and signed in accordance with this paragraph, shall be rejected by KPLC as non-responsive, pursuant to paragraph 3.23.

3.15 Preparation and Signing of the Tender

3.15.1 The Original of the Tender shall be typed or written in indelible ink. They shall be signed by the Tenderer or a person or persons duly authorized to bind the Tenderer.

3.15.2 The authorization shall be indicated by a written Power of Attorney granted by the Tenderer to the authorized person before a Commissioner of Oaths or a Notary Public or a Magistrate of the Kenyan Judiciary. The Power of Attorney shall accompany the Tender.

3.15.3 All pages of the Tender, including un-amended printed literature, shall be initialed by the person or persons signing the Tender and serially numbered.

3.15.4 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.

3.15.5 KPLC will assume no responsibility whatsoever for the Tenderer’s failure to comply with or observe the entire contents of this paragraph 3.15.

3.15.6 Any Tender not prepared and signed in accordance with this paragraph may be rejected by KPLC as non-responsive, pursuant to paragraph 3.23.

3.16 Sealing and Outer Marking of Tenders

3.16.1 The Tenderer shall seal the Tender in an envelope 3.16.2 The inner and outer envelopes or packages shall -

a) be addressed to KPLC at the address given in the Invitation to Tender, b) bear the tender number and name as per the Invitation to Pre-qualification

and the words, “DO NOT OPEN BEFORE 12th April 2012 as specified in the Invitation for Prequalification.

3.16.4 All inner envelopes or packages shall also indicate the name and full physical, telephone, e-mail, facsimile and postal contacts of the Tenderer to enable the Tender to be returned unopened in circumstances necessitating such return including where Tenders are received late, procurement proceedings are terminated before tenders are


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opened or the Tender does not qualify for further financial evaluation in accordance with the Summary of Evaluation Process set out in the Tender Document.

3.16.5 If the envelopes or packages are not sealed and marked as required by this paragraph, KPLC will assume no responsibility whatsoever for the Tender’s misplacement or premature opening. A tender opened prematurely for this cause will be rejected by KPLC and promptly returned to the Tenderer.

3.17 Deadline for Submission of Tenders

3.17.1 Tenders must be received by KPLC by the time and at the place specified in the Invitation for Prequalification.

3.17.2 KPLC may, at its discretion, extend this deadline for submission of Tenders by

amending the pre-qualification documents in which case all rights and obligations of KPLC and the Tenderer’s previously subject to the initial deadline, will therefore be subject to the deadline as extended.

3.18 Modification and Withdrawal of Tenders

3.18.1 The Tenderer may modify or withdraw its Tender after it has submitted it, provided that written notice of the modification, including substitution or withdrawal of the Tender is received by KPLC prior to the deadline prescribed for submission of tenders.

3.18.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraphs 3.19 and 3.21. A withdrawal notice may also be sent by facsimile, electronic mail, cable or telex but followed by an original signed confirmation copy, postmarked not later than the deadline for submission of Tenders.

3.18.3 No Tender may be modified after the deadline for submission of Tenders. 3.19 Opening of Tenders

3.19.1 KPLC shall open all Tenders promptly after the close of submission at the location specified in the Invitation for Prequalification or as may otherwise be indicated. The Tenderers or their representatives may attend the opening and those present shall sign a register evidencing their attendance.

3.19.2 The Tenderer’s names, tender modifications or withdrawals and such other details as KPLC, at its discretion, may consider appropriate, will be announced at the opening.

3.19.3 KPLC will prepare Minutes of the tender opening. 3.20 Clarification of Tenders


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3.20.1 To assist in the examination, evaluation and comparison of Tenders, KPLC may, at its discretion, ask the Tenderer for a clarification of its Tender. The request for clarification and the response shall be in writing, and no change in the substance of the Tender shall be sought, offered, or permitted.

3.20.2 Failure to provide timely clarification or substantiation of the information that is essential for effective evaluation of the Tenderer’s qualifications shall result in the Tenderer’s disqualification.

3.21 Inspection

3.21.1 KPLC or its representative(s) shall have the right to inspect the Tenderer’s capacity, equipment, premises, and to confirm their conformity to the pre-qualification requirements. This shall include the quality management system. KPLC’s representative(s) retained for these purposes shall provide appropriate identification at the time of such inspection.

3.21.2 KPLC shall meet its own costs of the inspection. Where conducted on the premises of the Tenderer(s), all reasonable facilities and assistance shall be furnished to the inspectors at no charge to KPLC.

3.21.3 Inspection Report shall be completed upon conclusion of the inspection. This Report will be considered at time of evaluation and or approval as pre-qualified.

3.22 Tender Evaluation

3.22.1 KPLC will determine the responsiveness of each Tender. For purposes of this pre-qualification, a responsive Tender is one that conforms to all the requirements of the Evaluation. KPLC’s determination of a Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence.

3.22.3 If a Tender is not responsive, it will be rejected at the earliest stage of evaluation by KPLC and cannot subsequently be made responsive by the Tenderer by correction of any non–conformity.

3.22.4 Pre-qualification will be based on meeting the requirements to pass in the criteria set out in the Summary of Evaluation Process.

3.23 Process to be Confidential

3.23.1 After the opening of tenders, information relating to the examination, clarification, evaluation and comparisons of tenders and recommendations arising there-from shall not be disclosed to a Tenderer or other person(s) not officially concerned with such process until conclusion of that process.

3.23.2 Any effort by a Tenderer to influence KPLC or any of its staff members in the process of examination, evaluation and comparison of tenders and information or decisions concerning award of Contract may result in the rejection of the Tenderer’s tender.


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3.24 Minor Deviations, Errors or Oversights

3.24.1 KPLC may waive any minor deviation in a Tender that does not materially depart from the requirements set out in the Tender Document.

3.24.2 KPLC may waive errors and oversights that can be corrected without affecting the substance of the Tender.

3.25 Tender Evaluation Period

The tender evaluation committee shall evaluate the tender within the validity period of the tender.

3.26 Debarment of a Tenderer

A Tenderer who gives false information in the Tender about its eligibility or qualification shall be considered for debarment from participating in future public procurement.

3.27 Confirmation of Pre-Qualification

3.27.1 KPLC may confirm to its satisfaction whether the Tenderer that is identified is qualified for appointment.

3.27.2 The confirmation will take into account the Tenderer’s technical and financial capabilities and legal compliance. It will be based upon an examination of the documentary evidence of the Tenderer’s qualifications submitted by the Tenderer, pursuant to paragraph 3.13 as well as confirmation of such other information as KPLC deems necessary and appropriate.

3.27.3 An affirmative confirmation will be a prerequisite for appointment. A negative confirmation will result in rejection of the Tenderer’s tender.

3.28 Approval of Pre-qualification

3.28.1 The approval of pre-qualification will be either pass or fail regarding the Tenderer’s general and particular experience, capabilities and financial position as demonstrated by the Tenderer’s response to this Tender and inspection when conducted.

3.28.2 Approval shall be for all Tenderers who meet the prequalification requirements as prescribed in the Appendix to Instructions to Tenderers.

3.28.3 KPLC shall invite tenders as and when it requires from only the Tenderers who have been pre-qualified, subject to applicable thresholds.

3.29 Termination of Procurement Proceedings


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3.29.1 KPLC may at any time terminate prequalification proceedings before approval and shall not be liable to any person for the termination.

3.29.2 KPLC shall give prompt notice of the termination to the Tenderers and, on request from any Tenderer, give its reasons for termination within fourteen (14) days of such request.

3.30 Notification of Appointment

3.30.1 Prior to the expiration of the period of tender validity, KPLC shall notify the successful Tenderer(s) in writing that its Tender has been approved.

3.30.2 The notification of appointment shall not constitute the formation of the contract. 3.30.3 Simultaneously, on issuance of Notification of Appointment to the successful

Tenderer(s), KPLC shall notify each unsuccessful Tenderer. 3.31 Acceptance of Pre-qualification

3.31.1 At the same time as KPLC notifies the approved Tenderer that its Tender has been approved, KPLC will send the Tenderer a copy of the Notification of Appointment together with any other necessary documents incorporating all agreements between the Parties.

3.31.2 Within fourteen (14) days of the date of notification of appointment, the successful Tenderer(s) shall sign and stamp (where applicable) the copy of notification of appointment and all other documents, if any, and return them to KPLC.

3.31.4 Failure of the successful Tenderer(s) to sign and return the copy of the Notification of Appointment, the Appointment shall stand nullified.

3.32 Corrupt or Fraudulent Practices

3.32.1 KPLC requires that Tenderers observe the highest standard of ethics during the procurement process and execution of contracts. When used in the present regulations, the following terms are defined as follows: - a) “Corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of public official in the procurement process or in contract execution;

b) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of KPLC, 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 KPLC of the benefits of free and open competition.


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3.32.2 KPLC will reject a tender if it determines that the Tenderer recommended for approval has engaged in corrupt or fraudulent practices in competing for the pre-qualification.

3.32.3 Further, a Tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya.


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SECTION IV PREQUALIFICATION REQUIREMENTS 4.1 Instructions

1) The forms attached to Section V of this document are to be completed by the applicants who wish to be Pre-qualified.

2) Applications submitted by a Joint Venture or consortium must meet

the following requirements: Each partner / members of the Joint Venture or consortium must submit

complete documentation required in applying for individual pre-qualification.

The application must confirm that if, after pre-qualification, the applicant should submit a tender, then, that Tender, as well as (in case of an award) the resulting contract, would be signed so as to be legally binding on all Partners jointly and severally, and a joint venture / consortium agreement providing the joint and several liability of all partners in respect to the contract would be submitted together with the Tender.

The application must include a description of the proposed participation and responsibility of each partner of the Joint Venture or consortium.

All Joint Venture /consortium partners must be jointly and severally liable to KPLC for the Works under Contract.

The Joint Venture /consortium partners must appoint one among them to be the sponsor firm who will legally represent the Joint Venture/consortium for all their rights and obligations under the tender and the Contract vis-à-vis KPLC and who will accept full responsibility for the Contract supervision and execution of the Works.

The application must designate one of the partners as the Partner - In Charge through whom any correspondence between the Applicant and KPLC will be channelled.

3) Any change in the formation of a joint venture /consortium or sub-contractor(s) will be subject to KPLC’s approval in writing prior to the deadline set for receipt of tenders. Such approval shall not be granted if, among other things, any change in the proposed formation would result (in KPLC’s opinion), in:

a). A substantial reduction of Competition,

b). The inclusion of a firm which had not previously been pre-qualified (either individually or as a part of another joint venture/consortium),

c) or lowering of the qualifications of the joint venture/consortium below the minimal standards stated as acceptable in the pre-qualification documents. 4.2 QUALIFICATIONS It shall be understood and agreed by the Applicants that the pre-qualification data to be submitted are to be used by KPLC in determining the qualifications of the prospective

tenderers to perform the Works described in this tender document. In consideration of being permitted to submit his qualifications as a prospective tenderer for review, the applicant for pre-


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Qualification waives any claim against KPLC and its authorised agents that might arise with respect to their decision. 4.21 FINANCIAL CONDITION The applicant’s financial condition must be sound and have adequate working Capital to carry out the required works. Financial statement shall be submitted in the form of 1 (one) year (latest) financial audited accounts duly certified and signed by a Chartered or a Certified Public Accountant.

4.22 EXPERIENCE AND PAST PERFORMANCE Applicants should have adequate experience as a prime contractor or a member of joint venture / consortium for similar construction / maintenance works. Details of previous experience shall be submitted on form No. 4- and the applicants shall provide certificates that were given by their former clients or consulting Engineers regarding successful completion of assignments. Failure to complete past work due to fault of applicant will be sufficient reason for disqualification. In case of joint venture/consortium, at least one (1) member shall meet the qualification herein. Applicants or their key staff should have the past experience of constructing 11kv, 33 kV and 66kv lines on wooden and concrete poles or similar works. 4.23 TOOLS AND EQUIPMENT Form no. 6 shows a generic list of tools normally used in power line construction for reference. 4.24 CAPABILITY IN RESPECT TO PERSONNEL The organisation chart for the Project implementation (if pre-qualified) should be provided. The names and pertinent information about key personnel proposed for Project Management must be provided on the attached Form No. 5. This list shall include:

a) Names and qualification of two highly experienced technicians/craftsmen in power

line construction (C.V and certificates certified by commissioner of oaths shall be attached).

b) At least one of the directors shall be technically qualified with a minimum of a diploma in electrical engineering. (certificates certified by a commissioner for oaths shall be attached).

Note: The personnel listed in form No.5:

(i) Shall not be working for any other pre qualified company with KPLC. (ii) Shall be full time employee of your company (iii) Shall not be a serving employee of KPLC

4.25 CONSTRUCTION ABILITY KPLC expects the applicants to construct a minimum of three (3) km or more of line per week.


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4.3 EVALUATION OF PREQUALIFICATION APPLICATIONS KPLC will evaluate all pre-qualification applications, based on the following: (a). Mandatory Requirements: 1). Legal status of applicant The following mandatory documents shall be submitted in this regard:

• Copy of CR12 Form from AG chambers with list of directors as proof of ownership (to

be certified by commissioner for oaths). This will confirm eligibility requirements stated under clause 3.2 with respect to conflict of interest.

• Copy of certificate of incorporation duly certified by a commissioner for oaths. Business names will not be eligible to participate in the tender.

• Memorandum/Articles of association certified by commissioner of oaths.

2). Financial Status. The following mandatory documents shall be submitted in this regard:

• Audited accounts for the latest one financial year duly certified and signed by a Chartered or a certified Public Accountant/Bank Statement for the last six months.

• VAT registration certificate. • Tax compliance certificate.

3). Technical Profile • At least one year experience in power line construction. Letters of ward for past

jobs done shall be attached as evidence. In case of experience as a subcontractor, the award letters shall be certified by the company that assigned the subcontract works with clear mobile telephone number and email address to facilitate contact.

• Experience and competence of staff. At least one of the directors shall be technically qualified with a minimum

qualification of a diploma in Electrical Engineering. This director will be responsible and accountable to KPLC for all technical operations and safety issues.

At least two technical field staff with a minimum of crafts or artisans qualification.

One designated Safety officer. 4).Physical office

• Only companies with a physical office(s) are eligible. A copy of business permit/ council trade licence certified by a commissioner of oaths shall be attached for verification. A route sketch shall also be attached to facilitate visit. Failure to provide a clear sketch shall lead to disqualification.


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4.4 CANCELLATION OF PREQUALIFICATION The proposals for pre-qualification shall be valid for at least one year. Should conditions arise at any time between pre-qualification to Tender and the decision to award a contract, which in the opinion of KPLC could substantially change the capability and qualifications of the Tenderer to perform the works to such an extent that if said conditions had existed at the time of pre-qualification the Tenderer would not have been pre-qualified, KPLC reserves the right to reject the tender from such a Tenderer despite initial pre-qualification. Any significant changes in the pre-qualified Tenderers conditions as indicated in the Pre-qualifying documents must be communicated to KPLC expeditiously. SECTION V TENDERER'S PARTICULARS LIST OF FORMS Description No. of

documents to be filled

Contractor’s confirmation of No. of documents filled

1 Application for Pre-qualification 1 2 Statement of Tenderer 1 3 Financial Status 1 4 Experience Record of Tenderer 1 5 Personnel 1 6 Tools list 1


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FORM NO.1 5.1 LETTER OF APPLICATION

Date:------------------------------ Tender No. ---------------------

The Managing Director KPLC, Stima Plaza, Kolobot Road, Parklands, P.O Box 30099 – 00100, Nairobi, Kenya. Ladies and Gentlemen, 1. Having read, examined and understood all of the pre-qualification information

provided in the Prequalification Document, the receipt of which is hereby duly acknowledged, we, the undersigned Tenderer, hereby apply to be prequalified by yourselves as a potential bidder for the item(s) as indicated by us in Section IV Detailed Description of Items.

2. We agree to abide by this Tender for a period of………..…days (Tenderer please

indicate validity of your tender) from the date fixed for tender opening as per the Prequalification Document, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

3. This application, together with your written appointment thereof, shall not constitute a

contract between us nor commit KPLC to any actual tender or amount of contract. 4. We understand that you are not bound to accept any application you may receive. 5. We declare that the statements made and the information provided in our

prequalification tender document are complete, true, and correct in every detail.

Yours sincerely, ________________ Name of Tenderer ____________________________________________________


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Name and Capacity of authorised person signing the Application ________________________________________ Signature of authorised person signing the Tender ______________________ Stamp or Seal of Tenderer NOTES:- 1. KPLC requires a validity period of at least one year. 2. This form must be duly signed, stamped and/or sealed.


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FORM NO.2

STATEMENT OF TENDERER 1 Name of TENDERER 2 Address 3 Legal Status 4 Registered Office 5 Date of Registration 6 Detailed description of physical address (Town, Road/street name, bulding & office) 7 DIRECTORS (attach a copy certificate of registration) 8 Sponsoring member (if joint venture/consortium): _____________________________________________________

__________________________________________ (Name and Address of Head Office) _______________________________ (Signature of the Representative)

Date__________________________

FORM NO. 3

FINANCIAL STATUS OF TENDERER 1. Name of TENDERER _________________________________ REMARKS: Attach audited accounts for the latest one (1) financial year duly certified and signed by a Chartered or a Certified Public Accountant or Six months original bank statement.

25 PRE-QUALIFICATION OF L&T CONTRACTORS 2012

FORM NO. 4

EXPERIENCE RECORD OF TENDERER

1. Name of company _________________________________________ 2. Experience of the company in electrical engineering work and services.

______________(Years) 3. Brief description of electrical engineering services offered in the past: ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4. Experience of the company in power line construction in Kenya:

Project Name

Voltage Levels involved

Scope (KMs of line, No. of Transformers)

Contract Amounin Kshs.

Commencement Date

Completion Date


5. Attach award letters and completion certificates as evidence of past experience. 6. Number of personnel and their qualifications (Engineers, Technicians, Craftsmen etc)

currently in the applicant’s establishment:

______________________________________

______________________________________

______________________________________


FORM NO. 5

PERSONNEL

Give detailed information of two (2) key supervisory personnel, who would be employed as full-time staff on the project if awarded contract. Give similar details for (a) Project manager (b) One technical director (c) safety officer. This will be in the format below. Relevant certifiates certified by commissioner of oaths shall be attached. (a) 1st Key suppervisory personnel 1. Name __________________________________ 2. Date of birth __________________________________ 3. Nationality __________________________________ 4. Education __________________________________ 5. Speciality __________________________________ 6. Professional Registration (if any)__________________________________ 7. Length of service with company ____________ Years:

9. Years of experience_____________________________________

(b) 2nd Key suppervisory personnel 1. Name __________________________________ 2. Date of birth __________________________________ 3. Nationality __________________________________ 4. Education __________________________________ 5. Speciality __________________________________ 6. Professional Registration (if any)__________________________________ 7. Length of service with company ____________ Years:



(c) Project manager 1. Name __________________________________ 2. Date of birth __________________________________ 3. Nationality __________________________________ 4. Education __________________________________ 5. Speciality __________________________________ 6. Professional Registration (if any)__________________________________ 7. Length of service with company ____________ Years:

9. Years of experience_____________________________________ (d) Technical director 1. Name __________________________________ 2. Date of birth __________________________________ 3. Nationality __________________________________ 4. Education __________________________________ 5. Speciality __________________________________ 6. Professional Registration (if any)__________________________________ 7. Length of service with company ____________ Years:



(e) Safety officer 1. Name __________________________________ 2. Date of birth __________________________________ 3. Nationality __________________________________ 4. Education __________________________________ 5. Speciality __________________________________ 6. Professional Registration (if any)__________________________________ 7. Length of service with company ____________ Years:



FORM NO. 6

TOOLS AND EQUIPMENT

The table below shows detailed information of tools and equipment which will be required for the project if pre-qualified.These will be inspected at the contractor’s premises for successful tenderers.

TOOL NAME MINIMUM REQUIRED TOOL NAME

MINIMUM REQUIRED

Axes 1 Pull lifts 1.5 ton 3Auger bits 11/16 3 Rollers - aluminum 18Auger bits 13/16 3 Spanners ring various

Auger bits 26/16 3Spanners open ended various

Spanners adjustable various

Bow saw 1 Screw drivers 6' 4Coffee diggers 4 Screw drivers 8' 4Crow bars 4 Screw drivers 12' 4Come along clamps- 0.26 3 slings 2 ton 2Come along clamps- 0.1 3 shovels 2Come along clamps- 0.5 3 sisal ropes 3/8' 4Climbing irons- no.12 3 sisal ropes 3/4' 4Climbing irons- no. 10 3 safety belts 6Climbing irons- no. 8 3 safety gloves 2 safety helmets 12D shackles - 3/8 4 safety boots 12D shackles - 5/8 4 spirit level 2Tensioning ratchet for lv conductors 2 tape measure 100m 2Draw Vices-- Large 4 Test lamps 2Draw Vices-- small 4 tool boxes 2

Earth scoops 4Warning notice -Danger 2

Earthing harness 1Warning notice -Caution 2

First aid kit 1 Wire cutters 24' 2Files 1 Wire twisters 1hammers 1 Power saws 1hammers- claw 1 3 ton chain blocks 1Jembes 2 Compression tool 1Pick axe 2 Digital Voltmeter 1knives 1 11 kv live line 1


tester Extension ladder - wood 1 Earth Megger 1ladders -erection-7' 1 Pliers various ladders -erection-10' 1ladders -erection-18' 1Link sticks 1Linesmen bags 4pangas 2padlocks 1pipe wrench spanner 18" 1


SECTION VI – CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM All Tenderers are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c) whichever applies to your type of business. Tenderers are advised that it is a serious offence to give false information on this form. Part 1 – General Company Name………………………………………………………………… Location of business premises………………………………………………… Plot No. ……………………Street/ Road ……………………………….. Postal Address ………………………….. Postal Code ……………………. Tel No……………………………….. Facsimile..……………………………….. Mobile and CDMA No………………………. E-mail:……………………………………………………………………….. Nature of your business ……………………………………………………….. Registration Certificate No.…………………………………………………… Maximum value of business which you can handle at any time KSh………….. Name of your Bankers …………………………..Branch… …………………. *Names of Tenderer’s contact person(s) …………………………………….. Designation/ capacity of the Tenderer’s contact person(s) ……………………………… Address, Tel, Fax and E-mail of the Tenderer’s contact person(s) ………………. ……………………………………………………………………………………... ……………………………………………………………………………………


*NOTES TO THE TENDERERS ON THE QUESTIONNAIRE 1. The address and contact person of the Tenderer provided above shall at all times

be used for purposes of this pre-qualification tender. 2. The details on this Form are essential and compulsory for all Tenderers. Failure

to provide all the information requested shall lead to the Tenderer’s disqualification.


SECTION VII- DECLARATION FORM Date To: The KPLC & Lighting Company Limited, Stima Plaza, Kolobot Road, Parklands, P.O Box 30099 – 00100, Nairobi, KENYA. Ladies and Gentlemen,

The Tenderer i.e. (full name and complete physical and postal address) declare the following: - a) That I/ We have not been debarred from participating in public procurement by

anybody, institution or person. b) That I/ We have not been involved in and will not be involved in corrupt and

fraudulent practices regarding public procurement anywhere. c) That I/We or any director of the firm or company is not a person within the

meaning of section III, clause 3.2 (on Eligibility )

Yours sincerely, _____________________ Name of Tenderer ___________________________________ Signature of duly authorised person signing the Tender __________________________________ Name and Capacity of duly authorised person signing the Tender __________________________________ Stamp or Seal of Tenderer


SECTION VIII -EVALUATION CRITERIA NO. DESCRIPTION TENDERERLC

REQIREMENTS 1 Submission of a copy of CR12 form from AG

chambers duly certified by commissioner of oaths Mandatory

2 Copy of certificate of incorporation duly certified by commissioner of oaths

Mandatory

3 Submission of 1 year latest certified audited accounts certified by Chartered or a Certified Public Accountant/six months

Mandatory

4 Certified copy of VAT certificate Mandatory 5 Certified copy of Tax compliance certificate 6 Experience/past performance of the company Mandatory 7 Experience/competence of staff other than safety

officer Mandatory

8 Experience of safety officer Mandatory 9 Declaration Form (Conflict of interest, fraudulence

& debarment) Mandatory

10 Copy of memorandum/Articles of association certified by commissioner of oaths

Mandatory

11 Copy of business permit/ council trade licence certified by a commissioner of oaths

Mandatory

12 Clear sketch for physical office Mandatory 13 Correct submission format(Ref section II- Checklist) Mandatory


APPENDIX TO INSTRUCTIONS TO TENDERERS The following information regarding the particulars of the tender shall complement and or amend the provisions of the Instructions to Tenderers hereinafter abbreviated as ITT. Wherever there is a conflict between the provisions of the ITT and the Appendix, the provisions of the Appendix herein shall prevail over those of the ITT.

No. ITC Reference Clause Particulars of Appendix

1 3.2.1 Eligible Tenderers 1. Only limited liability companies are eligible to apply.

2. Contractors/consultants offering Design, Way leaves or Survey services to KPLC are not eligible to apply under this tender.

3. All existing KPLC L&T contractors whose prequalification expires by 30th April 2013 and who wish to be considered for prequalification upon expiry must apply under this tender.

4. No director will be allowed to exist in more than one prequalified L&T Company.

5. Only companies with clear electrical engineering background/ Electrical engineering experience are eligible to apply under this tender.

2. 3.11.2 (b) Documentary evidence

of financial capability The audited financial statements required must be those that are reported within twelve (12) calendar months of the date of the tender document and duly certified by a Chartered or a Certified Public Accountant

4. 3.31.2 Mode of Award of Contract This is a multiple award and shall be made to the compliant and competent service providers based on technical and financial ability and legal compliance.