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General Information
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Country:
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Kenya
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City/Locality:
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NAIROBI
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Notice/Contract Number:
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KETRACO/PT/029/2023
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Publication Date:
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Sep 26, 2023
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Deadline (local time):
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October 26, 2023 - 00:00
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Agency:
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Agence Française de Développement (AFD)
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Buyer:
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KENYA - KENYA ELECTRICITY TRANSMISSION COMPANY LIMITED
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Eligibility of Bidders:
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SPECIFIC PROCUREMENT NOTICE
KETRACO/PT/029/2023
Invitation for Prequalification
KENYA
The Pilot Digital 400/132 kV Makindu Substation
Procurement of Plant - Design, Supply, and Installation
Kenya Electricity Transmission Company Ltd. (KETRACO) has received funds from Agence Française de Développement (“AFD”) toward the cost of the 400/132kV Makindu Substation,
and it intends to apply part of the funds to payments under the contract for Procurement of Plant - Design, Supply, and Installation of the pilot digital 400/132kV Makindu
Substation. The Employer intends to prequalify firms for the Design, Supply, and Installation of the pilot digital 400/132kV Makindu Substation. It is expected that invitations
for bid will be made in December 2023.
Interested eligible Applicants may obtain further information from and inspect the prequalification documents at KETRACO offices (address below) from 8.00am to 4.00pm EAT. A
complete set of the prequalification documents in English may be accessed on the KETRACO website (address below).
Applications for prequalification should be submitted in sealed envelopes, delivered to the address below by 26 October 2023, and be clearly marked “Application to Prequalify
for the pilot digital 400/132 kV Makindu Substation”.
Senior Manager, Supply Chain
Kenya Electricity Transmission Company Ltd.
Kawi Complex, Block B, Off Popo Road, Off Red Cross Road, South C
P.O. Box 34942 – 00100
Nairobi, Kenya
Tel: +254-020-4956000
+254 719 018000
+254 732 128000
Website: www.ketraco.co.ke
Email: makinduprocurement@ketraco.co.ke
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Original Language:
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English
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Contact information
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Address:
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LORENA SIMBA
PROJECT MANAGER
KENYA ELECTRICITY TRANSMISSION COMPANY LIMITED
34942
NAIROBI, NAIROBI 00100
Kenya
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Telephone:
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+ 254 719018000
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E-mail:
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lsimba@ketraco.co.ke
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Web site::
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http://www.ketraco.co.ke
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Goods, Works and Services
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71312000 - Structural engineering
consultancy services
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Documents attachés
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- Solicitation (57 KB; Sep 26, 2023)
- Solicitation: SPN (557 KB; Sep 26, 2023) Download documents
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Original Text
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SPECIFIC PROCUREMENT NOTICE
Invitation for Prequalification
KENYA
The Pilot Digital 400/132 kV Makindu Substation
Procurement of Plant - Design, Supply, and Installation
26 September 2023
Kenya Electricity Transmission Company Ltd. (KETRACO) has received funds from Agence Française de Développement ("AFD") toward the cost of the 400/132 kV Makindu
Substation, and it intends to apply part of the funds to payments under the contract for Procurement of Plant - Design, Supply, and Installation of the pilot digital
400/132 kV Makindu Substation. The Employer intends to prequalify firms for the Design, Supply, and Installation of the pilot digital 400/132 kV Makindu Substation. It is
expected that invitations for bid will be made in December 2023.
Interested eligible Applicants may obtain further information from and inspect the prequalification documents at KETRACO offices (address below) from 8.00am to 4.00pm EAT.
A complete set of the prequalification documents in English may be accessed on the KETRACO website (address below).
Applications for prequalification should be submitted in sealed envelopes, delivered to the address below by 26 October 2023, and be clearly marked "Application to
Prequalify for the pilot digital 400/132 kV Makindu Substation”.
Senior Manager, Supply Chain
Kenya Electricity Transmission Company Ltd.
Kawi Complex, Block B, Off Popo Road, Off Red Cross Road, South C
P.O. Box 34942 – 00100
Nairobi, Kenya
Tel: +254-020-4956000
+254 719 018000
+254 732 128000
Website: www.ketraco.co.ke
Email: makinduprocurement@ketraco.co.ke
Prequalification Documents
for Procurement of
Plant - Design, Supply, and Installation of the pilot digital 400/132 kV Makindu Substation
____________
Issued on: 26 September 2023
IPC No.: KETRACO/PT/029/2023
Project: The Pilot Digital 400/132 kV Makindu Substation
Employer: Kenya Electricity Transmission Company Ltd. (KETRACO)]
Country: Kenya
2
Table of Contents
PART I –Prequalification Procedures ............................................................................................. 3
Section I - Instructions to Applicants (ITA) ......................................................................................... 4
Section II – Prequalification Data Sheet (PDS) ................................................................................ 12
Section III – Evaluation and Prequalification Criteria ....................................................................... 14
Section IV – Application Forms ....................................................................................................
....
25
Section V – Eligibility Criteria ....................................................................................................
.......
47
Section VI – AFD Policy - Corrupt and Fraudulent Practices – Environmental and Social Responsibility
....................................................................................................
.....................
49
PART 2 – Works Requirements .................................................................................................... 51
Section VII – Scope of Works ....................................................................................................
.......
52
3
PART I –Prequalification Procedures
Section I - Instructions to Applicants 4
Section I - Instructions to Applicants (ITA)
Table of Clauses
A. General ....................................................................................................
...............................
5
1 Scope of Application ....................................................................................................
............
5
2 Source of Funds ....................................................................................................
...................
5
3 Corrupt and Fraudulent Practices ............................................................................................ 5
4 Eligible Applicants ....................................................................................................
................
5
5 Eligible Materials, Equipment, and Services ............................................................................ 6
B. Contents of the Prequalification Documents ............................................................................ 6
6 Sections of Prequalification Documents .................................................................................. 6
7 Clarification of Prequalification Documents ............................................................................. 7
8 Amendment of Prequalification Documents ............................................................................. 7
C. Preparation of Applications ....................................................................................................
.
7
9 Cost of Applications ....................................................................................................
.............
7
10 Language of Application ....................................................................................................
.......
7
11 Documents Comprising the Application ................................................................................... 8
12 Application Submission Form................................................................................................
...
8
13 Documents Establishing the Eligibility of the Applicant ........................................................... 8
14 Documents Establishing the Qualifications of the Applicant .................................................... 8
15 Signing of the Application and Number of Copies ................................................................... 8
D. Submission of Applications ....................................................................................................
..
8
16 Sealing and Identification of Applications ................................................................................ 8
17 Deadline for Submission of Applications .................................................................................. 9
18 Late Applications ....................................................................................................
..................
9
19 Opening of Applications ....................................................................................................
.......
9
E. Procedures for Evaluation of Applications ................................................................................ 9
20 Confidentiality ....................................................................................................
.......................
9
21 Clarification of Applications ....................................................................................................
..
9
22 Responsiveness of Applications .............................................................................................. 9
23 Margin of Preference ....................................................................................................
............
9
24 Subcontractors ....................................................................................................
...................
10
F. Evaluation of Applications and Prequalification of Applicants ................................................. 10
25 Evaluation of Applications ....................................................................................................
..
10
26 Employer’s Right to Reject All Applications ........................................................................... 10
27 Prequalification of Applicants ................................................................................................. 10
28 Notification of Prequalification ................................................................................................ 11
29 Invitation for Bids ....................................................................................................
................
11
30 Changes in Qualifications of Applicants ................................................................................. 11
Section I - Instructions to Applicants 5
A.
General
1
Scope of Application
1.1
In connection with the Invitation for Prequalification indicated in Section II, Prequalification Data Sheet (PDS), the Employer, as defined in the PDS, issues these
Prequalification Documents ("Prequalification Documents") to prospective applicants ("Applicants") interested in submitting applications ("Applications") for
prequalification to bid for the works described in Section VII - Scope of Works. In case the works are to be bid as individual contracts (i.e. the slice and package
procedure), these are listed in the PDS. The International Procurement Competition ("IPC") number corresponding to this prequalification is also provided in the PDS.
2
Source of Funds
2.1
The Employer indicated in the PDS has applied for or received financing (hereinafter called "funds") from Agence Française de Développement (hereinafter called "AFD")
towards the project named in the PDS. The Employer intends to apply a portion of the funds to eligible payments under the contract(s) resulting from the bidding for which
this prequalification is conducted.
3
Corrupt and Fraudulent Practices
3.1
AFD requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Section VI - AFD Policy - Corrupt and Fraudulent Practices –
Environmental and Social Responsibility.
3.2
In further pursuance of this policy, Applicants shall permit and shall cause its subcontractors and sub-consultants, to permit AFD to inspect all accounts, records and
other documents relating to the submission of the Application, bid submission (in case prequalified), and contract performance (in the case of award), and to have them
audited by auditors appointed by AFD.
4
Eligible Applicants
4.1
An Applicant may be a firm that is a private entity, a state-owned entity -subject to ITA 4.3 - or a 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 letter of intent. In the case of a JV, all members shall be jointly and
severally liable for the execution of the Contract in accordance with the Contract terms. The JV shall nominate an authorized 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 prequalification process, bidding (in the event the JV submits a bid) and during
contract execution (in the event the JV is awarded the Contract). Unless specified in the PDS, there is no limit on the number of members in a JV.
4.2
A firm may apply for prequalification both individually, and as part of a joint venture, or as a subcontractor. If prequalified, it will not be permitted to bid for the
same contract both as an individual firm and as a part of the joint venture. However, a firm may participate as a subcontractor in more than one bid, but only in that
capacity. Bids submitted in violation of this procedure will be rejected.
4.3
AFD’s eligibility criteria for prequalification are described in Section V – Eligibility Criteria.
4.4
Applicants shall not have a conflict of interest. Any Applicant found to have a conflict of interest shall be disqualified. An Applicant may be considered to have a
conflict of interest for the purpose of this prequalification process, if the Applicant:
Section I - Instructions to Applicants 6
a)
Directly or indirectly controls, is controlled by or is under common control with another Applicant; or
b)
Receives or has received any direct or indirect subsidy from another Applicant; or
c)
Has the same legal representative as another Applicant; or
d)
Has a relationship with another Applicant, directly or through common third parties, that puts it in a position to influence the application of another Applicant, or
influence the decisions of the Employer regarding this prequalification process; or
e)
Any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the prequalification;
or
f)
Any of its affiliates has been hired (or is proposed to be hired) by the Employer as Engineer for the Contract implementation; or
g)
Has a close business or family relationship with a professional staff of the Employer (or of the project implementing agency, or of a recipient of a part of the loan) who:
(i) are directly or indirectly involved in the preparation of the prequalification documents or specifications of the contract, and/or the prequalification evaluation
process; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner
acceptable to AFD throughout the procurement process and execution of the contract.
4.5
An Applicant shall not be under suspension from bidding by the Employer as the result of the execution of a Bid–Securing Declaration.
4.6
An Applicant shall provide such evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.
5
Eligible Materials, Equipment, and Services
5.1
The materials, equipment and services to be supplied under the Contract and financed by AFD may have their origin in any country subject to the restrictions specified in
Section V - Eligibility Criteria, and all expenditures under the Contract will not contravene such restrictions.
B.
Contents of the Prequalification Documents
6
Sections of Prequalification Documents
6.1
These Prequalification Documents consist of parts 1 and 2 which comprise all the sections indicated below, and which should be read in conjunction with any Addendum issued
in accordance with ITA 8.
PART I: Prequalification Procedures
•
Section I - Instructions to Applicants (ITA)
•
Section II – Prequalification Data Sheet (PDS)
•
Section III – Evaluation and Prequalification Criteria
•
Section IV – Application Forms
•
Section V – Eligibility Criteria
Section I - Instructions to Applicants 7
•
Section VI – AFD Policy – Corrupt and Fraudulent practices –Environmental and Social Responsibility
PART II: Works Requirements
•
Section VII – Scope of Works
6.2
Unless obtained directly from the Employer, the Employer accepts no responsibility for the completeness of the Prequalification Documents, responses to requests for
clarification, or Addenda in accordance with ITA 8. In case of any discrepancies, documents issued directly by the Employer shall prevail.
6.3
The Applicant is expected to examine all instructions, forms, and terms in the Prequalification Documents and to furnish with its Application all information or
documentation as is required by the Prequalification Documents.
7
Clarification of Prequalification Documents
7.1
A prospective Applicant requiring any clarification of the Prequalification Documents shall contact the Employer in writing at the Employer’s address indicated in the
PDS. The Employer will respond in writing to any request for clarification provided that such request is received no later than fourteen (14) days prior to the deadline
for submission of the applications. The Employer shall forward a copy of its response to all prospective Applicants who have obtained the Prequalification Documents
directly from the Employer, including a description of the inquiry but without identifying its source. If so indicated in the PDS, the Employer shall also promptly publish
its response at the web page identified in the PDS. Should the Employer deem it necessary to amend the Prequalification Documents as a result of a clarification, it shall
do so following the procedure under ITA 8 and in accordance with the provisions of ITA 17.2.
8
Amendment of Prequalification Documents
8.1
At any time prior to the deadline for submission of Applications, the Employer may amend the Prequalification Documents by issuing an Addendum.
8.2
Any Addendum issued shall be part of the Prequalification Documents and shall be communicated in writing to all prospective Applicants who have obtained the
Prequalification Documents from the Employer. The Employer shall promptly publish the Addendum at the Employer’s web page identified in the PDS.
8.3
To give prospective Applicants reasonable time to take an Addendum into account in preparing their Applications, the Employer may, at its discretion, extend the deadline
for the submission of Applications in accordance with ITA 17.2.
C.
Preparation of Applications
9
Cost of Applications
9.1
The Applicant shall bear all costs associated with the preparation and submission of its Application. The Employer will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the prequalification process.
10
Language of Application
10.1
The Application as well as all correspondence and documents relating to the prequalification exchanged by the Applicant and the Employer, shall be written in the language
specified in the PDS. Supporting documents and printed literature that are part of the Application may be in another language, provided they are accompanied by an accurate
translation of the relevant passages in
Section I - Instructions to Applicants 8
the language specified in the
PDS, in which case, for purposes of interpretation of the Application, the translation shall govern.
11
Documents Comprising the Application
11.1
The Application shall comprise the following:
a)
Application Submission Form, the Statement of Integrity duly signed, in accordance with ITA 12 and ITA 13 and the completed Application Forms of Section IV - Application
Forms;
b)
Documentary evidence establishing the Applicant’s eligibility, in accordance with ITA 13;
c)
Documentary evidence establishing the Applicant’s qualifications, in accordance with ITA 14; and
d)
Any other document required as specified in the PDS.
12
Application Submission Form
12.1
The Applicant shall complete an Application Submission Form as provided in Section IV - Application Forms. This Form must be completed without any alteration to its
format.
13
Documents Establishing the Eligibility of the Applicant
13.1
To establish its eligibility in accordance with ITA 4, the Applicant shall complete and sign the Statement of Integrity, Eligibility and Social and Environmental
Responsibility as provided in Section IV - Application Forms without any alteration to its format and furnish supporting documentation as specified in Forms ELI-1.1 and
ELI-1.2.
14
Documents Establishing the Qualifications of the Applicant
14.1
To establish its qualifications to perform the contract(s) in accordance with Section III - Evaluation and Prequalification Criteria, the Applicant shall provide the
information requested in the corresponding Forms included in Section IV - Application Forms.
15
Signing of the Application and Number of Copies
15.1
The Applicant shall prepare one original of the documents comprising the Application as described in ITA 11 and clearly mark it "ORIGINAL". The original of the Application
shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Applicant. In case the Applicant is a JV, the
Application shall be signed by an authorized representative of the JV on behalf of the JV and so as to be legally binding on all the members as evidenced by a power of
attorney signed by their legally authorized signatories. If a JV has not been formalized and a letter of intent to form a JV is presented, then the Application shall be
signed by every member of the intended JV.
15.2
The Applicant shall submit copies of the signed original Application, in the number specified in the PDS, and clearly mark them "COPY". In the event of any discrepancy
between the original and the copies, the original shall prevail
D.
Submission of Applications
16
Sealing and Identification of Applications
16.1
The Applicant shall enclose the original and the copies of the Application in a sealed envelope that shall:
a)
Bear the name and address of the Applicant;
b)
Be addressed to the Employer, in accordance with ITA 17.1; and
c)
Bear the specific identification of this prequalification process indicated in the PDS 1.1.
16.2
The Employer will accept no responsibility for not processing any envelope that was not identified as required in ITA 16.1 above
Section I - Instructions to Applicants 9
17
Deadline for Submission of Applications
17.1
Applicants may either submit their Applications by mail or by hand. Applications shall be received by the Employer at the address and no later than the deadline indicated
in the PDS. When so specified in the PDS, Applicants have the option of submitting their Applications electronically, in accordance with electronic application submission
procedures specified in the PDS.
17.2
The Employer may, at its discretion, extend the deadline for the submission of Applications by amending the Prequalification Documents in accordance with ITA 8, in which
case all rights and obligations of the Employer and the Applicants subject to the previous deadline shall thereafter be subject to the deadline as extended.
18
Late Applications
18.1
The Employer reserves the right to accept applications received after the deadline for submission of applications, unless otherwise specified in the PDS.
19
Opening of Applications
19.1
The Employer shall open all Applications at the date, time and place specified in the PDS. Late Applications shall be treated in accordance with ITA 18.1. Applications
submitted electronically (if permitted pursuant to ITA 17.1) shall be opened in accordance with the procedures specified in the PDS. The Employer shall prepare a record of
the opening of Applications to include, as a minimum, the name of the Applicants. A copy of the record shall be distributed to all Applicants.
E.
Procedures for Evaluation of Applications
20
Confidentiality
20.1
Information relating to the Applications, their evaluation and result shall not be disclosed to Applicants or any other persons not officially concerned with the
prequalification process until the notification of prequalification results is made to all Applicants in accordance with ITA 28.
20.2
From the deadline for submission of Applications to the time of notification of the results of the prequalification in accordance with ITA 28, any Applicant that wishes to
contact the Employer on any matter related to the prequalification process (except as specified in 20.1 above), may do so only in writing.
21
Clarification of Applications
21.1
To assist in the evaluation of Applications, the Employer may, at its discretion, ask an Applicant for a clarification (including missing documents) of its Application, to
be submitted within a stated reasonable period of time. Any request for clarification from the Employer and all clarifications from the Applicant shall be in
writing.
21.2
If an Applicant does not provide clarifications and/or documents requested by the date and time set in the Employer’s request for clarification, its Application shall be
evaluated based on the information and documents available at the time of evaluation of the Application.
22
Responsiveness of Applications
22.1
The Employer may reject any Application which is not responsive to the requirements of the Prequalification Documents.
23
Margin of Preference
23.1
Unless otherwise specified in the PDS, a margin of preference for domestic bidders shall not apply in the bidding process resulting from this prequalification.
Section I - Instructions to Applicants 10
24
Subcontractors
24.1
Unless otherwise stated in the PDS, the Employer does not intend to execute any specific elements of the works by subcontractors selected in advance by the Employer
(nominated subcontractors).
24.2
A "specialized subcontractor" is a subcontractor hired for specialized work as defined by the Employer in Section III-4.2, Experience. If no specialized work is specified
by the Employer as such, subcontractors experience shall not be considered for Applications evaluation.
24.3
The Employer may decide to permit subcontracting for certain specialized works as indicated in Section III-4.2, Experience. The Employer may do so at its own initiative or
at the request of the Applicants during the prequalification process (if justified). When subcontracting is permitted by the Employer, the specialized subcontractors
experience shall be considered for the evaluation. Section III - Evaluation and Prequalification Criteria, describes the qualification criteria for subcontractors.
F.
Evaluation of Applications and Prequalification of Applicants
25
Evaluation of Applications
25.1
The Employer shall use the factors, methods, criteria, and requirements defined in Section III - Evaluation and Prequalification Criteria, to evaluate the qualifications
of the Applicants, and no other methods, criteria, or requirements shall be used. The Employer reserves the right to waive minor deviations from the qualification criteria
if they do not materially affect the technical capability and financial resources of an Applicant to perform the contract.
25.2
Only the qualifications of the Applicant shall be considered. In particular, the qualifications of a parent or other affiliated company that is not party to the Applicant
under a JV in accordance with ITA 4.2 shall not be considered.
25.3
In case of multiple contracts, Applicants should indicate in their Applications the individual contracts in which they are interested. The Employer shall prequalify each
Applicant for the maximum combination of contracts for which the Applicant has thereby indicated its interest and for which the Applicant meets the appropriate aggregate
requirements. The Evaluation and Prequalification Criteria are mentioned in Section III.
26
Employer’s Right to Reject All Applications
26.1
The Employer reserves the right to annul the prequalification process and reject all Applications at any time, without thereby incurring any liability to the
Applicants.
27
Prequalification of Applicants
27.1
All Applicants whose Applications substantially meet or exceed the specified qualification requirements will be prequalified by the Employer.
27.2
An Applicant may be "conditionally prequalified", that is, qualified subject to the Applicant submitting or correcting certain specified documents or deficiencies that do
not materially affect the ability of the Applicant to perform the proposed contract, to the satisfaction of the Employer.
27.3
Applicants that are conditionally prequalified will be so informed along with the statement of the condition(s) which must be met to the satisfaction of the Employer
before or at the time of submitting their bids.
Section I - Instructions to Applicants 11
28
Notification of Prequalification
28.1
After the Employer has completed the evaluation of the Applications, it shall notify all Applicants in writing of the names of those Applicants who have been prequalified
or conditionally prequalified. In addition, those Applicants who have been disqualified will be informed separately.
28.2
Applicants that have not been prequalified may write to the Employer to request, in writing, the grounds on which they were disqualified.
29
Invitation for Bids
29.1
Promptly after the notification of the results of the prequalification, the Employer shall invite bids from all the Applicants that have been prequalified or conditionally
prequalified.
29.2
Bidders may be required to provide a Bid Security or a Bid-Securing Declaration acceptable to the Employer in the form and an amount to be specified in the Bidding
Documents, and the successful Bidder shall be required to provide a Performance Security as specified in the Bidding Documents.
30
Changes in Qualifications of Applicants
30.1
Any change in the structure or formation of an Applicant after being prequalified in accordance with ITA 27 and invited to bid (including, in the case of a JV, any change
in the structure or formation of any member thereto) shall be subject to the written approval of the Employer. Such approval shall be denied if (i) as a consequence of the
change, the Applicant no longer substantially meets the qualification criteria set forth in Section III - Evaluation and Prequalification Criteria; or (ii) in the opinion
of the Employer, the change may result in a substantial reduction in competition. Any such change should be submitted to the Employer not later than fourteen (14) days
after the date of the Invitation for Bids.
Section II – Prequalification Data Sheet 12
Section II – Prequalification Data Sheet (PDS)
A.
General
ITA 1.1
The Employer is:
Kenya Electricity Transmission Company Ltd.
Kawi Complex, Block B, Off Popo Road, Off Red Cross Road, South C
P.O. Box 34942 – 00100
Nairobi, Kenya
Tel: +254-020-4956000
+254 719 018000
+254 732 128000
Website: www.ketraco.co.ke
Email: makinduprocurement@ketraco.co.ke
ITA 1.1
The list of contracts (lots) comprising the IPC is: Procurement of Plant - Design, Supply, and Installation of the pilot digital 400/132 kV Makindu Substation
ITA 1.1
IPC name and number are: Invitation For Prequalification For the Design, Supply, and Installation of the pilot digital 400/132 kV Makindu Substation[KETRACO/PT/029/2023]
_________________________________________________________________
ITA 2.1
The name of the Project is: The pilot digital 400/132 kV Makindu Substation
ITA 4.1
Maximum number of members in the JV shall be: Two (2)
B.
Contents of the Prequalification Documents
ITA 7.1
For clarification purposes only, the Employer"s address is:
Attention: Senior Manager, Supply Chain
Kenya Electricity Transmission Company Ltd.
Kawi Complex, Block B, Off Popo Road, Off Red Cross Road, South C
P.O. Box 34942 – 00100
Nairobi, Kenya
Tel: +254-020-4956000
+254 719 018000
+254 732 128000
Email: makinduprocurement@ketraco.co.ke
ITA 7.1 & 8.2
Web page: www.ketraco.co.ke
C.
Preparation of applications
ITA 10.1
The Application as well as all correspondence shall be submitted in English.
Language for translation of supporting documents and printed literature is English.
ITA 11.1(d)
The Applicant shall submit with its Application, the following additional documents:
i.
A completion and/or operational acceptance certificate issued by the client under section section 4.1 of the Evaluation and Prequalification Criteria.
ii.
An operational acceptance certificate issued by the client under section section 4.2 of the Evaluation and Prequalification Criteria.
iii.
Letters from the client indicating scope, cost and completion date of the project and their contact details.
Section II – Prequalification Data Sheet 13
ITA 15.2
In addition to the original, the number of copies to be submitted with the Application is: Three (3) paper copies and two (2) digital copies in flashdisks.
The digital copies shall be structured strictly as per the paper copies with each form provided in a single PDF file along with its attachments.
D.
Submission of Applications
ITA 17.1
The deadline for Application submission is:
Date: 26 October 2023
Time: 10:00 am EAT
Applicants shall not have the option of submitting their Applications electronically.
For application submission purposes only, the Employer"s address is:
Attention: Senior Manager, Supply Chain
Kenya Electricity Transmission Company Ltd.
Kawi Complex, Block B, Off Popo Road, Off Red Cross Road, South C
Supply Chain Offices, 2nd Floor
P.O. Box 34942 – 00100
Nairobi, Kenya
Tel: +254-020-4956000
+254 719 018000
+254 732 128000
ITA 19.1
The opening of the Applications shall be at:
Date: 26 October 2023
Time: Immediately after the deadline for bid submission
Address: Kenya Electricity Transmission Company Ltd.
Kawi Complex, Block B, Off Popo Road, Off Red Cross Road, South C
Supply Chain Offices, 2nd Floor
P.O. Box 34942 – 00100
Nairobi, Kenya
Tel: +254-020-4956000
+254 719 018000
+254 732 128000
E.
Procedures for Evaluation of Applications
ITA 23.1
A margin of preference shall not apply to domestic bidders.
ITA 24.1
At this time the Employer does not intend to execute certain specific parts of the works by subcontractors selected in advance (nominated subcontractors).
Section III – Evaluation and Prequalification Criteria 14
Section III – Evaluation and Prequalification Criteria
Evaluation
This Section contains all the methods, criteria, and requirements that the Employer shall use to evaluate Applications. The information to be provided in relation to each
requirement and the definitions of the corresponding terms are included in the respective Application Forms.
Wherever an Applicant is required to state a monetary amount, Applicants should indicate the US$ equivalent using the rate of exchange determined as follows:
−
For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year;
−
Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available rate published by the Central Bank of the Employer’s country. Any error in determining the exchange rates in
the Application may be corrected by the Employer.
Section III – Evaluation and Prequalification Criteria 15
Prequalification Criteria
1. Eligibility and Qualification Criteria Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member
One Member
1.1 Nationality
Nationality in accordance with ITA 4.3
Must meet requirement
Existing or existing JV must meet requirement
Must meet requirement
N/A
Forms ELI-1.1 and ELI-1.2, with attachments
1.2 Conflict of Interests
No conflicts of interest in accordance with ITA 4.4
Must meet requirement
Existing or existing JV must meet requirement
Must meet requirement
N/A
Application Submission Form
1.3 AFD Eligibility
Not being ineligible to AFD financing, as described in ITA 4.3
Must meet requirement
Existing or existing JV must meet requirement
Must meet requirement
N/A
Statement of Integrity, Eligibility and Social and Environmental Responsibility
1.4 Government Owned Entity
Meet conditions of ITA 4.3
Must meet requirement
Existing or existing JV must meet requirement
Must meet requirement
N/A
Forms ELI-1.1 and ELI-1.2, with attachments
Section III – Evaluation and Prequalification Criteria 16
2. Historical Contract Non-Performance Criterion Requirement Single Entity Joint Venture (existing or intended)) Documentation Required All Parties Combined Each Member
One Member
2.1 History of Non-Performing Contracts
Termination of a contract did not occur as a result of Applicant’s default in the past five (5) years1.
Must meet requirement
Must meet requirement
Must meet requirement2
N/A
Form CON-2
2.2 Suspension Based on Execution of Bid Securing Declaration by the Employer
Not under suspension based on execution of a Bid Securing Declaration pursuant to ITA 4.5.
Must meet requirement
Must meet requirement
Must meet requirement
N/A
Application Submission Form
2.3 Pending Litigation
All pending litigation shall in total not represent more than one hundred percent (100%) of the Applicant’s net worth and shall be treated as resolved against the
Applicant.
Must meet requirement
N/A
Must meet requirement
N/A
Form CON-2
1 Non-performance shall include all terminations of contracts where (a) non-performance was not challenged by the Applicant, including through referral to the dispute
resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the Applicant. Non-performance shall not include
contracts where Employers decision was overruled by the dispute resolution mechanism.
2 This requirement also applies to contracts executed by the Applicant as JV member.
Section III – Evaluation and Prequalification Criteria 17
3. Financial Situation and Performance Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One
Member
3.1 Financial Capabilities
(i)
The Applicant shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent
of any contractual advance payment) sufficient to meet the construction cash flow requirements estimated as EUR 5,000,000 (Five million euros) for the subject contract(s)
net of the Applicants other commitments;
Must meet requirement
Must meet requirement
N/A
N/A
Forms FIN-3.1 with attachments and FIN-3.3
(ii)
The Applicant shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements on works currently in
progress and for future contract commitments;
Must meet requirement
Must meet requirement
N/A
N/A
Forms FIN-3.1 and FIN-3.4
(iii)
The audited balance sheets or, if not required by the laws of the Applicant’s country, other financial statements acceptable to the Employer, for the last three (3)
years shall be submitted and demonstrate the current soundness of the Applicant’s financial position. The Applicant"s financial position will be deemed sound if at least
two (2) of the following four (4) criteria are met:
Must meet requirement
N/A
N/A
Leader must meet requirement
Form FIN–3.1 with attachments
Section III – Evaluation and Prequalification Criteria 18
3. Financial Situation and Performance Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One
Member
a)
Average earnings before interest, taxes, depreciation, and amortization (EBITDA) for the last three (3) years > 0;
b)
Total equity (net worth) for the last three (3) years > 0;
c)
Average liquidity ratio for the last three (3) years > 1 ((Current assets) / (Current liabilities) > 1);
d)
Average indebtedness ratio for the last three (3) years < 6 ((Total financial liabilities) / (EBITDA) < 6).
3.2 Minimum Annual Turnover
Minimum average annual turnover of Euro 25,000,000 (Twenty-five million euros), for the last 5 years.
Must meet requirement
Must meet requirement
Must meet twenty-five per cent (25%) of the requirement
Must meet seventy-five per cent (75%) of the requirement
Form FIN-3.2
Section III – Evaluation and Prequalification Criteria 19
4. Experience Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One Member
4.1 General Construction Experience
Experience under construction contracts in the role of prime contractor, JV member, subcontractor, or management contractor for at least the last 10 years, starting 1st
January 2012.
Must meet requirement
N/A
Must meet requirement
N/A
Form EXP-4.1
4.2 (a) Specific Construction & Contract Management Experience
(i) A minimum number of similar3 contracts specified below that have been satisfactorily and substantially4 completed as a prime contractor, joint venture member5
management contractor or subcontractor between 1st January 2012 and application submission deadline: 2 contracts, each of minimum value Euro 15,000,000 (Fifteen million
euros).
Bidder shall provide evidence of all experience listed.
Must meet requirement
Must meet requirement6
N/A
N/A
•
Form EXP-4.2(a)
•
Completion certificates issued by the client
•
Letter from client indicating scope, cost and completion date of the project and their contact details.
3 The similarity shall be based on the physical size, complexity and technicity of the Works. Adding up small value contracts (less than the value specified under
requirement) to meet the overall requirement will not be accepted.
4 Substantial completion shall be based on 80% or more works completed under the contract.
5 For contracts under which the Applicant participated as a joint venture member or subcontractor, only the Applicant’s share, by value, shall be considered to meet this
requirement.
6 In the case of a JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single
contract has been met. For instance, if the criterion mentions "two (2) contracts with a minimum value of 50M$ each", a JV composed of 3 members and having carried out
four (4) contracts of 30M$ each shall not be qualified. On the other hand, if 2 of the 3 members of the JV each carried out one (1) contract of 50M$, the criterion is met,
even if the third member does not have any contract of this value.
Section III
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