KENYA ELECTRICITY GENERATING COMPANY LIMITED

KGN-KIP-55-2013

PRE-QUALIFICATION DOCUMENT FOR LABORATORY TESTING AND CALIBRATION

Kenya Electricity Generation Company Limited Stima Plaza Phase III, Kolobot Road Parklands P.O. Box 47936~00100, Nairobi, Kenya Website: www.kengen.co.ke November 2013,

1 Pre-qualification for Laboratory testing and calibration services

TABLE OF CONTENTS PRE-QUALIFICATION NOTICE.3 SECTION 1: INFORMATION TO TENDERERS .5 TENDER SUBMISSION FORM .9 SECTION 2 PRE-QUALIFICATION QUESTIONNAIRE..11 DECLARATION .....14 APPENDIX A LIST OF ITEMS ..17 CONFLICT OF INTEREST FORM19 CRIMINAL OFFENSE FORM...20 DEBARMENT FORM .21 MANUFACTURERS AUTHORIZATION FORM..22

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PRE-QUALIFICATION NOTICE The Kenya Electricity Generating Company Limited (hereinafter referred to as KenGen) invites sealed applications from eligible candidates for purposes of Pre-qualifying Firms for laboratory testing and calibration services Interested firms may obtain further information from our website www.kengen.co.ke , or/and inspect the Tender Document Supply chain Managers or can email or call: Supply Chain Manager Tel: (254) (020) 3666000 Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke Cc: Tenders@kengen.co.ke c.c: erico@kengen.co.ke Applications for pre-qualification must be submitted in plain sealed envelopes clearly marked as follows: PRE-QUALIFICATION LABORATORY TESTING AND CALIBRATION SERVICES And must be delivered to, Company Secretary, Legal & Corporate Affairs Director Kenya Electricity Generating Co. Ltd, 7th Floor, Stima Plaza Phase III, Kolobot Road, Parklands, P O Box 47936 - 00100. NAIROBI, KENYA. OR Deliver to the Tender Box located on the 1st Floor of Stima Plaza, Phase III, on or before 15th November at 10.00am Tenders will be opened on 15th November at 10.30am in the presence of tenderers' representatives who choose to attend in the Executive Room, 7th Floor, Stima Plaza Phase III.

SUPPLY CHAIN MANAGER

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SECTION 1. INFORMATION TO TENDERERS INTRODUCTION 1.1. The Kenya Electricity Generating Company Limited (KenGen) will pre-qualify and enlist prospective bidders for the laboratory testing and calibration services from among those who will have submitted their tenders, in accordance with the tender requirements to undertake the assignments described herein for Two (2) years Bidders are invited to submit a pre-qualification Tender for laboratory testing and calibration services as listed in Appendix A. The Pre-qualification Tender document and the Tenderers response thereof shall be the basis for pre-qualification. Tenderers must familiarize themselves with the requirements described in this document including all attachments and take them into account while preparing the response. KenGen does not bind itself to assign laboratory testing and calibration services but shall endeavor to ensure tenders for specific goods and services will be treated equitably. Applicants will be informed in writing of the results of the application, without assigning any reason for KenGens decision thereof. Tenderers will meet all costs associated with preparation and submission of their applications. It is KenGen's policy to require that Tenderers observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, KenGen: a) defines, for the purpose 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 an officer of the Purchaser/Employer in the pre-qualification process; and Fraudulent practice means a misrepresentation of facts in order to influence the pre-qualification process to the detriment of the Purchaser/Employer, and includes collusive practices among Tenderers (prior to or after submission of Tenders) designed to establish prices at artificial, non-competitive levels and to deprive the Purchaser of the benefits of free and open competition. Will reject a Tender for pre-qualification if it determines that a Tenderer has engaged in corrupt or fraudulent activities in competing for the contract in question; Will declare a Tender ineligible, for pre-qualification if at any time it determines that Tenderer has engaged in corrupt or fraudulent practices in competing for, or in executing, a similar contract; and
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1.2. 1.3.

1.4.

1.5. 1.6. 1.7.

(ii)

(b)

(c)

(d) (e) 1.8 1.9 2. 2.1

Will have the right to examine financial records relating to the performance of such services to determine capability. Will have the right to inspect the business premises of the tenderer.

Tenderers shall furnish information as described in the pre-qualification tender document. Tenderers shall be aware of the provisions on fraud and corruption stated in the standard contract under the clauses indicated in the Data Sheet. DOCUMENTS COMPRISING THE REQUEST FOR PRE-QUALIFICATION Tenderers may request a clarification on the Tender Pre-qualification document up to two (7) days before the Tender submission date. Any request for clarification must be sent in writing by mail or electronic mail to the Purchaser's/Employers address. The Purchaser/Employer will respond in writing by normal postal mail, facsimile, or electronic mail to such requests and will send copies of the response to all prospective applicants without indentifying the cause source of inquiry. PREPARATION OF TENDER DOCUMENTS Tenderers are requested to submit a Tender written in English language. Tenderers are expected to examine the documents comprising this Request for prequalification in detail. Material deficiencies in providing the information requested may result in rejection of a Tender. Tenderers are required to meet the qualification criteria stipulated in Section 2. Those who do not meet the requirements need not submit tenders. Only tenders, which fulfill these requirements, will be considered for detailed evaluation. The pre-qualification documents shall not include any financial proposal information other than audited accounts for the last two (2) years. Period of Validity The request for pre-qualification must remain valid for not less than 120 days from the date of submission. KenGen will make the best effort to complete the evaluation and communicate within this period.

3 3.1 3.2

3.3

3.4 3.5

4 4.1

SUBMISSION, RECEIPT, AND OPENING OF TENDERS The original Tender Document shall be prepared in indelible ink. It shall contain no interlineations or overwriting, except as necessary to correct errors made by the Tenderer. Any such corrections must be initialed by the person or persons who sign(s) the Tender Document.
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4.2 4.3

An authorised representative of the Tenderer should initial all pages of the tender document. The Tender should be prepared and submitted in one (1) original and one (1) copy in a plain sealed envelope clearly marked: PRE-QUALIFICATION FOR LABORATORY TESTING AND CALIBRATION SERVICES. and delivered to: The Company Secretary, Legal & Corporate Affairs Director Kenya Electricity Generating Company Limited, Stima Plaza, Phase III, Kolobot Road, Parklands, P.O. Box 47936-00100 GPO, NAIROBI, KENYA.

4.4

Deadline for Submission

The closing time for the Tender shall be 135h November at 10.00am and shall be sent to the above address. Tenders shall be marked on top DO NOT OPEN BEFORE 15th November at 10.00am 4.5 Late Tender Any Tender received after the deadline pursuant to clause 4.4 shall be rejected as a late tender and shall not be considered. 4.6 Tender Opening And Evaluation

4.6.1 A committee of officials will read out Applicants particulars in the presence of applicants representatives who choose to attend on the date. The applicants representatives who will be present shall sign a register as evidence for their attendance. 4.6.2 No application shall be rejected during opening, except for late Applications which shall be returned unopened to the applicants. 4.6.3 The Purchaser will prepare a record of the Tender opening. 5 TENDER EVALUATION (a) Kengen will carry out the evaluation of proposals on the basis of their responsiveness to: Legal status Tax Payment Financial position Presentation of copies of audited reports for the last two years Evaluation criteria.
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(b) Any application that fails to meet the above requirements will be considered unsuitable and shall be rejected at this stage. (a) Mandatory Requirements For Pre-Qualification (i) (ii) A copy of Certificate of Registration/Incorporation. Three (3) letters of commendation from your corporate clients for similar services within the last three (3) years. (iii) Tax compliance certificate. (iv) Evidence of physical address and premises. Attach copies of utility bills i.e. electricity/water. (v) . (vi) Kengen will visit suppliers premises to ascertain physical address . (vii) Current certification with the KEBS or equivalent organization . (viii) Duly filled and completed confidential Business Questionnaire and Declaration Forms. (ix) A signed statement that the bidder doesnt have conflict of interest in relation to the procurement. (x) A signed statement that the bidder or any of its Directors or Officers 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 years preceding the commencement of procurement proceedings. (xi) A signed statement that the bidder is not debarred from participating in public procurement. (xii) Attach evidence of the list of equipment to be used to carry the mentioned services. (xiii) Attach at least two CVs of the technical staff and there corresponding educational certificates. Minimum qualification is a Bachelors degree and an added advantage is Certification by a recognized body. NB: Suppliers who are currently doing business with KenGen need not attach the above requirements but must duly fill and complete the tender form and complete the tender form questionnaires. The only MUST requirement to be attached is a valid KEBs valid certificate or equivalent organization and valid TAX compliant certificate. 5.1 Clarification of applications:

5.1.1 During evaluation of applications, Kengen may, at its own discretion, ask the Applicant for clarification of its application. 5.1.2 A bidder shall be instructed to reply to clarifications in writing within a specified time. 5.1.3 Failure of a Bidder to respond to a request for clarification may result in rejection of its bid. 5.2 Contacting the Procuring Entity

5.2.1 No applicant shall contact Kengen on any matter relating to its Application from the time of Application opening to pre-qualificationof applicants.
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5.2.2 Any effort by the Applicant to influence Kengen in its decisions on the Application may result in the rejection of the Application. (b) General Requirements 5.3 5.4 KenGen will examine the tenders to determine completeness, general orderliness and sufficiency in responsiveness. Tenderers shall not contact KenGen on the matter relating to their tender from the time of opening to the time the evaluation is finalized and official communication is sent to them. Any effort by the Tenderer to influence KenGen in the Tender evaluation shall result in the rejection of their tender. Pre-qualification will be based on meeting the following minimum criteria regarding the Applicants legal status, general and particular experience, personnel and financial position as demonstrated by the responses in the attached forms. The applicants should have registered offices and KenGen reserves the discretion of visiting physical premises from which the applicant conducts business if so desired to confirm existence and capability to deliver the said goods/services. Tenderers who qualify according to the selection criteria will be invited to submit their quotations for the supply of goods/services as and when required for Two (2) year. KenGen reserves the right to accept or reject any or all Tenders without the obligation to assign any reason(s) for its decision thereof. CONFIDENTIALITY Information relating to evaluation of Tenders and recommendations concerning prequalification shall not be disclosed to the Tenderers until the pre-qualified firms have been advised accordingly. In the table below, please indicate as appropriate the Region(s)/Sub-region(s) where you wish to be considered for supply of goods/services.

5.5

5.6

5.7 5.8 6 6.1

6.2

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CATEGORIES FOR LABORATORY TESTING AND CALIBRATION SERVICES 1. TESTING LABORATORIES Biological,chemical,electrical,electronics,fluidflow,mechanical,nondestructive,photometry,radiological,thermal.,fuel lube oil and water 2. CALIBRATION Electrotechnical, mechanical, fluid flow, thermal and optical, radiological

ANNEX A:

FORM A1: APPLICATION SUBMISSION SHEET To: Company Secretary, Legal & Corporate Affairs Director
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Electricity Generating Company Limited Stima Plaza, Phase III, Kolobot Road: Parklands P.O. box 47936 00100, GPO NAIROBI, KENYA FAX: 254-2-248848 Dear Madam/Sir, We, the undersigned declare that: a) We have examined and have no reservations to the pre-qualification document, including Addenda and Clarification No:,[insert the number and issuing date of each Addenda and Clarification if any]; b) We hereby apply to be pre-qualified for the following works, services or supplies: Reference Number Description of Services/Supplies

c) We, including any subcontractors or providers for any part of the contract or contracts resulting from this pre-qualification process, are eligible to participate in public procurement; d) We undertake to abide by the Code of Ethical Conduct for Providers and Providers during the procurement process and the execution of any resulting contract; e) We, including any subcontractors or provider s for any part of the contact or contracts resulting from this pre-qualification process do not have any conflict of interest, and are not associated, nor have been associated in the past, directly or indirectly, with the consultant or any other entity that has prepared the design or technical specifications of the Supplies; f) We, our affiliates or subsidiaries, including any subcontractors for any part of the contract or contracts resulting from this pre-qualification process, have not been suspended by public Procurement and Disposal of Public Assets Authority in Kenya from participating in public procurement; g) We are not Government owned entity. h) We understand that you may amend the scope and value of any contracts to be bid or cancel the pre-qualification at any stage of the process and at any time and that you are
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neither bound to accept any application that you may receive nor to invite the short listed applicants to bid for the contract or contracts, which are the subject of this short listing, without incurring any liability to the Applicants; i) We understand that qualification information will be subject to verification through a post-qualification process prior to any award of contract; j) We hereby authorize you and your authorized representatives, to conduct any enquiries or investigations to verify the statements, documents and information submitted in connection with this application and to seek clarification from our bankers and clients regarding any financial and technical aspects. This Application submission Sheet will also serve as authorization to any individual or authorized representative of any institution referred to in the supporting information to provide such information deemed necessary and requested by you to verify statements and information provided in this application. Signed: Signature _____________________________________________

Name:_______________________________________________________ In the capacity of _____________________________________________ Duly authorized to sign the application for and on behalf of: [________________________________]

Dated on ___________________day of ____________,_________[insert date of signing] (And endorse with the Company stamp).

FORM A2: APPLICANT INFORMATION SHEET STRUCTURE AND ORGANIZATION 1. Name of Company:

_______________________________________________________________________
Physical Address:

[Insert street/number/town or city]

Postal address: Telephone number: Telefax number: Email:
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2.

_______________________________________________________________________ Description of the Company activities:

3.

Number of years of experiences in provision of Services category applied for:

In case of a Joint, Venture, the following documentation shall be required for each member of the joint venture: a. A copy of the bidders Trading License or Equivalent; b. A copy of the Bidders Certificate of Registration or equivalent c. A copy of the Bidders income tax clearance certificate or equivalent; d. A copy of the bidders VAT registration or equivalent; e. Power of Attorney of the signatory (ies) of the bid authorizing signature of the bid on behalf of the joint venture; f. A certified copy of the Joint Venture Agreement, which is legally binding on all partners, showing that all partners shall be jointly and severally liable and one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture. The Applicants authorized representative for information is. Name: ___________________________________________________________________ Address: __________________________________________________________________ Telephone /Fax numbers: ______________________________________________________ E-mail address: ________________________________________________________________ 5. Describe your companys access to any companies that you may associate with in provision of supplies/service/works specifically to activities that your company does not undertake. ______________________________________________________________________________ 6. Provide a brief on the project that you intend to undertake in accordance with the statement of requirements; specification mention should be made of the estimated period of contraction and period of operation of the service and infrastructure development?
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______________________________________________________________________________ 7. Please indicate here or attach an organization chart showing the company structure including key personnel, Secondary provide a chart showing the relationships with companies that you my associate with ______________________________________________________________________________ 8. What is the primary activity for your Company? ______________________________________________________________________________ 9. Please indicate the additional works, services or supplies that the company can provide? ______________________________________________________________________________ FORM A3: FINANCIAL STATEMENT ALL CURRENCIES STATED SHOULD BE IN KENYA SHILLINGS 1. Share capital Authorized share capital:

2. Annual value business under taken in the last three years Year Turn over 2010. 2011.. 2012

3. Approximate value of current work related to this type of works, services or supplies 4. Please attach CERTIFIED copies of the companys audited accounts ( Documents presented must have been prepared by a Certified Accountant) for the previous TWO years (profit/loss, assets/liabilities) and any financial data, which you consider to be useful in the short listing, please list all the attachments below. 5. Name and address of Bankers from which references can be obtained and authority to seek references

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FORM A4: RESOURCES: PERSONNEL 1. Number of staff Management Staff: Technical staff: Support staff:

2. Please list the present key personnel and management staff. Name Qualification Years of relevant experience

FORM A5: RESOURCES: PROVIDERS EQUIPMENT AND FACILITIES

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On the basis of the information provided in the short listing documents please indicate equipment and facilities considered by your firm to be necessary for undertaking the contract and whether this is already in the companys ownership or will be purchased. The following facilities and infrastructure are available at the Applicants facility: FORM A6: (a) EXPERIENCE: RELEVANT PROJECTS CEMPLETED Please fill in information about relevant contracts completed over the past three years. Name employer Description Contracts of Total Contracts Price Date of Completion (Kshs)

The applicant MUST attach evidence of performance of the above contracts either in the FORM OF COMPLETION/DELIVERY CERTIFICATES OR REFERENCE/RECOMMENDATION LETTERS FROM THE CLIENTS ON THE PROJECTS COMPLETED UP TO A MINIMUM OF THREE PROJECTS. _____________________________________________________________________________ b) EXPERIENCE: CURRENT RELEVANT CONTRACTS _____________________________________________________________________________ Please fill in information about the current relevant contracts being executed; supported by evidence in form of signed contracts or purchase orders. Name Employer Description of Contact Price Value completed and Contract certified

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FORM A7: LEGAL STATUS 1 Enclose a copy of the Memorandum and Articles of Association or its equivalent. A separate list of Directors/Partners/Proprietors should be attached. A joint venture agreement should be attached where applicable. Enclose a copy of the Certificate of Incorporation or its equivalent.

Enclose a copy of the Power of Attorney to the signatory of the pre-qualificationdocument registered by the Registrar of Companies or endorsed by the Commissioner of Oaths. Enclose an Income Tax Clearance Certificate addressed to KenGen, for this particular purpose. KenGen shall only accept original income tax clearance certificates or certified photocopies. Please enclose a copy of a certified Trading License for the current year.

Please enclose a copy of your firms insurance policy coverage if any.

Please enclose a copy of your firms ISO or other quality assurance certificate, if any.

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. . 16 Pre-qualification for Laboratory testing and calibration services

Location of business premises: Country .... Physical address .Town .. Building Floor. 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) Part 2 (b) Partnerships Give details of partners as follows: Full Names Nationality Citizenship Details 1. . . ... 2. . . ... ..

Shares

3. 4

. .

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:Full Names Nationality Citizenship Details 17

Shares

Pre-qualification for Laboratory testing and calibration services

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 . 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) 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 . . (Title) (Signature) Part 2(h) Experience 18 Pre-qualification for Laboratory testing and calibration services (Date)

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 1. 2. 3. Contract/ Order No. . ... . .... Value

. ....

Contact person (Full Names) . E-mail address. Cell phone no . (Note: The person should be at the level of director) *Attach proof of citizenship * Attach certified copies of the following documents: a) Certificate of Incorporation / Registration b) Tax Compliance Certificate (for local suppliers) c) Valid Local Authority / Trade License (for local suppliers) d) The Power of Attorney for joint ventures *The above documents should be submitted if they are applicable to bidder. * Only one (1 no) copy of each of the above documents is to be availed in the bid submission. Part 2(i) Declaration I / We, the undersigned state and declare that the above information is correct and that I / We give Kenya Electricity Generating Company Limited 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

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