TENDER FOR MACHINING AND FABRICATION OF PUMPS & GEARBOX PARTS FOR KenGen GEOTHERMAL POWER PLANTS (RE-TENDER)

TENDER FOR MACHINING AND FABRICATION OF PUMPS & GEARBOX PARTS FOR KenGen GEOTHERMAL POWER PLANTS (RE-TENDER)

SECTION I -INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 This tendering document is for the delivery of Non-Consulting Services, as specified in Section V,
Procuring Entity's Requirements. The name, identification and number of this tender are specified
in the TDS.
2. Throughout this tendering document:
2.1 The terms:
a) The term “in writing” means communicated in written form (e.g., by mail, e-mail, fax, including
if specified in the TDS, distributed or received through the electronic- procurement system used
by the Procuring Entity) with proof of receipt;
b) if the contexts or esquires, “singular” means “plural” and vice versa; and
c) “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any
day that is an official working day of the Procuring Entity. It excludes the Procuring Entity's official
public holidays.
2.2 The successful Tenderer will be expected to complete the performance of the Services by the
Intended Completion Date provided in the TDS.
3. Fraud and Corruption
3.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset
Disposal Act, 2015 (the Act), Section 62 “Declaration not to engage in corruption”. The tender
submitted by a person shall include a declaration that the person shall not engage in any corrupt
or fraudulent practice and a declaration that the person or his or her sub-contractors are not
debarred from participating in public procurement proceedings.
3.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contracting. Any tenderer found to have engaged in collusive
conduct shall be disqualified and criminal and/or civil sanctions may be imposed. To this effect,
Tenders shall be required to complete and sign the “Certificate of Independent Tender
Determination” annexed to the Form of Tender.
3.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require that the
firms or their Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to this tender. To that end, the Procuring Entity
shall indicate in the TDS and make available to all the firms together with this tender document
all Information that would in that respect gives such firm any unfair competitive advantage over
competing firms.
3.4 Unfair Competitive Advantage-Fairness and transparency in the tender process require that the
Firms or their Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to this tender. The Procuring Entity shall indicate
in the TDS firms (if any) that provided consulting services for the contract being tendered for. The
Procuring Entity shall check whether the owners or controllers of the Tenderer are same as those
that provided consulting services. The Procuring Entity shall, upon request, make available to any
tenderer information that would give such firm unfair competitive advantage over competing
firms.
4. Eligible Tenderers
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Tender for Machining and Fabrication of Pumps & Gearbox Parts for KenGen Geothermal Power
Plants (Re-Tender).
4.1 A Tenderer may be a firm that is a private entity, a state-owned entity or institution subject to ITT
4.6, or any combination of such entities in the form of a Joint Venture (JV) under an existing
agreement or with the intent to enter into such an agreement supported by a Form of intent. In
the case of a joint venture, all members shall be jointly and severally liable for the execution of
the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative
who shall have the authority to conduct all business for and on behalf of any and all the members
of the JV during the Tendering process and, in the event the JV is awarded the Contract, during
contract execution. Members of a joint venture may not also make an individual tender, be a sub
contract or in a separate tender or be part of another joint venture for the purposes of the same
Tender. The maximum number of JV members shall be specified in the TDS.
4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse in which they have a substantial or controlling interest shall
not be eligible to tender or be awarded contract. Public Officers are also not allowed to participate
in any procurement proceedings.
4.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest
shall be disqualified. A Tenderer may be considered to have a conflict of interest for the purpose
of this Tendering process, if the Tenderer:
a Directly or indirectly controls, is controlled by or is under common control with another
Tenderer; or
b Receives or has received any direct or indirect subsidy from another Tenderer; or
c has the same legal representative as another Tenderer; or
d has a relationship with another Tenderer, directly or through common third parties, that puts it

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