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 – Evaluation and Prequalification Criteria 20
4. Experience Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One Member
4.2 (b) Specific Experience
For the above or any other contracts completed and under implementation as prime contractor, joint venture member, management contractor or subcontractor7 on or after the first day of the calendar year during the period stipulated in 4.2(a) above, a minimum construction experience in the following key activities successfully completed8:
At least two (2) air insulated substations of 220kV AC or above:
i.
one (1) of the two (2) substations shall be of 220 kV AC and above in which process bus is used for data exchange, and;
ii.
one (1) of the two (2) substations shall be outside of the bidder’s home country
for all the above substations, they must have been completed and energized prior to bid submission. These criteria must be evidenced by a completion and operational acceptance certificate issued to the bidder.
Must meet requirement
Must meet requirement
N/A
Must meet the following requirements for the key activities listed below:
one (1) substation shall be of 220 kV AC and above in which process bus is used for data exchange
•
Form EXP-4.2(b)
•
Completion and operational acceptance certificates issued by the client
•
Letter from client indicating scope, cost and completion date of the project and their contact details.
Section III – Evaluation and Prequalification Criteria 21
4. Experience Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One Member
(ii) For the following specialized works, the Employer permits specialized subcontractors as per ITA 24.2 and 24.3. N/A
Must meet requirement for one contract
Must meet requirement
N/A
Must meet requirement
Form EXP-4.2(b)
7 For contracts under which the Applicant participated as a joint venture member or subcontractor, only the Applicant’s share shall be counted to meet this requirement.
8 For example, experience of works while in operation may be required under this criterion. Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period. The rate of production shall be the annual production rate for the key construction activity (or activities).
Section III – Evaluation and Prequalification Criteria 22
5. Environmental, Social, Health and Safety (ESHS)9 Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One Member
5.1 ESHS Certification(s)
Availability of a valid ISO certification or internationally recognized equivalent (equivalency to be demonstrated by Applicant), and applicable to the worksite.
Must meet requirement
N/A
N/A
Leader must meet requirement
•
Quality management certificate ISO 900110;
Form CER
•
Environmental management certificate ISO 1400111;
Form CER
•
Health and safety management certificate ISO 4500112.
Form CER
5.2 ESHS Documentation
Availability of in-house policies and procedures acceptable to the Employer for ESHS management:
1.
Existence of an Ethics Charter;
2.
Existence of a system for monitoring compliance with ESHS commitments for the Applicant's
Must meet requirement
N/A
N/A
Leader must meet requirement
1. The ESHS Ethics Charter of the company or equivalent must be provided.
2. A procedure or information on how the Bidder ensures that all members of the Joint Venture, subcontractors, suppliers and temporary labor (i) are aware and (ii) meet ESHS requirements must be provided.
10 [The ISO 9001 certification covers the principles of quality management, including a strong customer focus, motivation and commitment of management, process approach and continuous improvement.
11 [The ISO 14001 certification defines the criteria for an environmental management system.
12 [The ISO 45001 certification defines a management system for health and safety at work with the overall objective of preventing the occurrence of work related injuries and diseases among workers and providing safe and healthy workplaces.
Section III – Evaluation and Prequalification Criteria 23
5. Environmental, Social, Health and Safety (ESHS)9 Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One Member
s
ubcontractors and all its partners;
3.
Existence of official company procedures for the management of the following relevant points:
•
ESHS resources and facilities and ESHS monitoring organization;
•
Project Areas management (base camps, quarries, borrow pits, storage areas);
•
Health & Safety on worksites;
•
Local recruitment and ESHS trainings of local staff (capacity building), ESHS trainings of subcontractors and local partners (transfer of knowledge);
•
Hazardous products;
•
Waste management;
3. Official internal procedure documents on the topics indicated must be provided.
5.3 Similar Experience
Experience of two construction contracts over the last 10 years, where major ESHS measures were carried out or are on progress satisfactorily and in compliance with international standards.
Must meet requirement
N/A
N/A
Leader must meet requirement
Form EXP-ESHS with supporting documents (the Applicant shall submit a piece of evidence supporting the ESHS implementation measures)
Section III – Evaluation and Prequalification Criteria 24
5. Environmental, Social, Health and Safety (ESHS)9 Criterion Requirement Single Entity Joint Venture (existing or intended) Documentation Required All Parties Combined Each Member One Member
5.4 ESHS Dedicated Personnel
Availability of in-house personnel dedicated to ESHS issues: Environmental and Social Manager, and/or Health and Safety Manager.
Must meet requirement
N/A
N/A
Leader must meet requirement
Organizational chart evidencing filled ESHS position(s)
Section IV – Application Forms 25
Section IV – Application Forms
List of forms
Application Submission Form ....................................................................................................
..
26
Statement of Integrity, Eligibility and Environmental and Social Responsibility ............................ 27
Applicant Prequalification Forms ................................................................................................ 30
Form ELI–1.1: Applicant Information Form ...................................................................................... 30
Form ELI–1.2: Applicant's JV Information Form............................................................................... 31
Form CON-2: Historical Contract Non-Performance, Pending Litigation and Litigation History ...... 32
Form FIN–3.1: Financial Situation and Performance ....................................................................... 34
Form FIN–3.2: Annual Turnover ....................................................................................................
...
36
Form FIN–3.3: Sources of Finance .................................................................................................. 37
Form FIN-3.4: Current Contract Commitments / Works in Progress ............................................... 38
Form EXP–4.1: General Construction Experience ........................................................................... 39
Form EXP–4.2(a): Specific Construction and Contract Management Experience .......................... 40
Form EXP–4.2(b): Construction Experience in Key Activities .......................................................... 42
Form CER: Quality Management / Environmental, Social, Health and Safety (ESHS) Certification 44
Form EXP–ESHS: Environmental, Social, Health and Safety (ESHS) Experience ......................... 45
Section IV – Application Forms 26
Application Submission Form
Date: _________________ [insert day, month, and year]
IPC No. and title: _________ [insert IPC number and title]
To: _______________________________________________________ [insert full name of Employer]
We, the undersigned, apply to be prequalified for the referenced IPC and declare that:
a)
We have examined and have no reservations to the Prequalification Documents, including Addendum(s) No(s). [insert the number and issuing date of each addendum], issued in accordance with Instructions to Applicants (ITA 8);
b)
We have no conflict of interest in accordance with ITA 4.4;
c)
We have not been suspended nor declared ineligible by the Employer based on execution of a Bid Securing Declaration in the Employer’s country in accordance with ITA 4.5;
d)
We understand that you reserve the right to annul the prequalification process and reject all Applications at any time, without thereby incurring any liability to the Applicants.
Signed [insert signature(s) of an authorized representative(s) of the Applicant]
Name: ____________________________________________________________________________ [insert full name of person signing the Application]
In the capacity of: ___________________________________________________________________ [insert capacity of person signing the Application]
Duly authorized to sign the Application for and on behalf of:
Applicant's name: ___________________________________________________________________ [insert full name of Applicant or the name of the JV]
Address: __________________________________________________________________________ [insert street number/town or city/country address]
Dated on: ________________________ day of: _______________ year: ____________________
[For a joint venture, either all members shall sign or only the authorized representative, in which case the power of attorney to sign on behalf of all members shall be attached. In case of a letter of intent to form a joint venture, it shall be attached and all members shall sign it.]
Section IV – Application Forms 27
Statement of Integrity, Eligibility and Environmental and Social Responsibility
Reference of the bid or proposal _______________________________________ (the "Contract")
To: ____________________________________________________ (the "Contracting Authority")
1.
We recognise and accept that Agence Française de Développement ("AFD") only finances projects of the Contracting Authority subject to its own conditions which are set out in the Financing Agreement which benefits directly or indirectly to the Contracting Authority. As a matter of consequence, no legal relationship exists between AFD and our company, our joint venture or our suppliers, contractors, subcontractors, consultants or subconsultants. The Contracting Authority retains exclusive responsibility for the preparation and implementation of the procurement process and performance of the contract. The Contracting Authority means the Purchaser, the Employer, the Client, as the case may be, for the procurement of goods, works, plants, consulting services or non-consulting services.
2.
We hereby certify that neither we nor any other member of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants are in any of the following situations:
2.1 Being bankrupt, wound up or ceasing our activities, having our activities administered by the courts, having entered into receivership, reorganisation or being in any analogous situation arising from any similar procedure;
2.2 Having been:
a)
convicted, within the past five years by a court decision, which has the force of res judicata in the country where the Contract is implemented, of fraud, corruption or of any other offense committed during a procurement process or performance of a contract (in the event of such conviction, you may attach to this Statement of Integrity supporting information showing that this conviction is not relevant in the context of this Contract);
b)
subject to an administrative sanction within the past five years by the European Union or by the competent authorities of the country where we are constituted, for fraud, corruption or for any other offense committed during a procurement process or performance of a contract (in the event of such sanction, you may attach to this Statement of Integrity supporting information showing that this sanction is not relevant in the context of this Contract);
c)
convicted, within the past five years by a court decision, which has the force of res judicata, of fraud, corruption or of any other offense committed during the procurement process or performance of an AFD-financed contract;
2.3 Being listed for financial sanctions by the United Nations, the European Union and/or France for the purposes of fight-against-terrorist financing or threat to international peace and security;
2.4 Having been subject within the past five years to a contract termination fully settled against us for significant or persistent failure to comply with our contractual obligations during contract performance, unless this termination was challenged and dispute resolution is still pending or has not confirmed a full settlement against us;
2.5 Not having fulfilled our fiscal obligations regarding payments of taxes in accordance with the legal provisions of either the country where we are constituted or the Contracting Authority's country;
2.6 Being subject to an exclusion decision of the World Bank and being listed on the website http://www.worldbank.org/debarr (in the event of such exclusion, you may attach to this
Section IV – Application Forms 28
Statement of Integrity supporting information showing that this exclusion is not relevant in the context of this Contract);
2.7 Having created false documents or committed misrepresentation in documentation requested by the Contracting Authority as part of the procurement process of this Contract.
3.
We hereby certify that neither we, nor any of the members of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants are in any of the following situations of conflict of interest:
3.1 Being an affiliate controlled by the Contracting Authority or a shareholder controlling the Contracting Authority, unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3.2 Having a business or family relationship with a Contracting Authority's staff involved in the procurement process or the supervision of the resulting Contract, unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3.3 Being controlled by or controlling another bidder or consultant, or being under common control with another bidder or consultant, or receiving from or granting subsidies directly or indirectly to another bidder or consultant, having the same legal representative as another bidder or consultant, maintaining direct or indirect contacts with another bidder or consultant which allows us to have or give access to information contained in the respective applications, bids or proposals, influencing them or influencing decisions of the Contracting Authority;
3.4 Being engaged in a consulting services activity, which, by its nature, may be in conflict with the assignments that we would carry out for the Contracting Authority;
3.5 In the case of procurement of goods, works or plants:
a)
Having prepared or having been associated with a consultant who prepared specifications, drawings, calculations and other documentation to be used in the procurement process of this Contract;
b)
Having been recruited (or being proposed to be recruited) ourselves or any of our affiliates, to carry out works supervision or inspection for this Contract.
4.
If we are a state-owned entity, and to compete in a procurement process, we certify that we have legal and financial autonomy and that we operate under commercial laws and regulations.
5.
We undertake to bring to the attention of the Contracting Authority, which will inform AFD, any change in situation with regard to points 2 to 4 here above.
6.
In the context of the procurement process and performance of the corresponding contract:
6.1 We have not and we will not engage in any dishonest conduct (act or omission) deliberately indented to deceive others, to intentionally conceal items, to violate or vitiate someone's consent, to make them circumvent legal or regulatory requirements and/or to violate their internal rules in order to obtain illegitimate profit;
6.2 We have not and we will not engage in any dishonest conduct (act or omission) contrary to our legal or regulatory obligations or our internal rules in order to obtain illegitimate profit;
6.3 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly to (i) any Person who holds a legislative, executive, administrative or judicial mandate within the State of the Contracting Authority regardless of whether that Person was nominated or elected, regardless of the permanent or temporary, paid or unpaid nature of the position and regardless of the hierarchical level the Person occupies, (ii) any other Person who performs a public function, including for a State institution or a State-owned company, or who provides a public service, or (iii) any other person defined as a Public Officer by the national laws of the Contracting Authority’s country, an undue advantage of any kind, for himself or for another Person or entity, for such Public Officer to act or refrain from acting in his official capacity;
Section IV – Application Forms 29
6.4 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly to any Person who occupies an executive position in a private sector entity or works for such an entity, regardless of the nature of his/her capacity, any undue advantage of any kind, for himself or another Person or entity for such Person to perform or refrain from performing any act in breach of its legal, contractual or professional obligations;
6.5 We have not and we will not engage in any practice likely to influence the contract award process to the detriment of the Contracting Authority and, in particular, in any anti-competitive practice having for object or for effect to prevent, restrict or distort competition, namely by limiting access to the market or the free exercise of competition by other undertakings;
6.6 Neither we nor any of the members of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants shall acquire or supply any equipment nor operate in any sectors under an embargo of the United Nations, the European Union or France;
6.7 We commit ourselves to comply with and ensure that all of our suppliers, contractors, subcontractors, consultants or subconsultants comply with international environmental and labour standards, consistent with laws and regulations applicable in the country of implementation of the Contract, including the fundamental conventions of the International Labour Organisation (ILO) and international environmental treaties. Moreover, we shall implement environmental and social risks mitigation measures when specified in the environmental and social commitment plan (ESCP) provided by the Contracting Authority.
7.
We, as well as members of our joint venture and our suppliers, contractors, subcontractors, consultants or subconsultants authorise AFD to inspect accounts, records and other documents relating to the procurement process and performance of the contract and to have them audited by auditors appointed by AFD.
Name: _________________________ In the capacity of: ___________________________________
Duly empowered to sign in the name and on behalf of1: ______________________________________
Signature: _________________________________________________________________________
Dated: ____________________________________________________________________________
1 In case of joint venture, insert the name of the joint venture. The person who will sign the application, bid or proposal on behalf of the applicant, bidder or consultant shall attach a power of attorney from the applicant, bidder or consultant.
Section IV – Application Forms 30
Applicant Prequalification Forms
Form ELI–1.1: Applicant Information Form
Date: [insert day, month, year]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Applicant's name: _________________________________________________________________ [insert full name]
In case of Joint Venture (JV), name of each member: _____________________________________ [insert full name of each member in JV]
In case of a JV, Applicant's actual or intended country of constitution: ________________________ [indicate country of Constitution]
Applicant's actual or intended year of constitution: ________________________________________ [indicate year of Constitution]
Applicant's legal address (in country of constitution): ______________________________________
[insert street / number / town or city / country]
Applicant's authorized representative information:
Name: __________________________________________________________________________ [insert full name]
Address: _________________________________________________________________________ [insert street / number / town or city / country]
Telephone/Fax numbers: ___________________________________________________________ [insert telephone/fax numbers, including country and city codes]
Email address: ____________________________________________________________________ [indicate email address]
1.
Attached are copies of original documents of:
❑
Articles of Constitution (or equivalent documents of association), of the legal entity named above.
❑
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITA 4.1.
❑
In case of state-owned enterprise or institution, in accordance with ITA 4.3, documents establishing:
•
Legal and financial autonomy
•
Operation under commercial law
•
That the Applicant is not dependent agency of the Employer
2.
Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Section IV – Application Forms 31
Form ELI–1.2: Applicant's JV Information Form
[The following table shall be filled by each member of a Joint Venture and, if applicable, by any specialized subcontractor, and in that case substitute "Applicant´s JV member" for "specialized subcontractor".]
Date: [insert day, month, year]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Applicant name: ___________________________________________________________________ [insert full name]
Applicant's JV Member’s name: ______________________________________________________ [insert full name of Applicant's JV Member]
Applicant's JV Member’s country of constitution: _________________________________________ [indicate country of constitution]
Applicant’s JV Member’s year of constitution: ____________________________________________ [indicate year of constitution]
Applicant’s JV Member’s legal address in country of constitution: ____________________________ [insert street / number / town or city / country]
Applicant’s JV Member’s authorized representative information:
Name: __________________________________________________________________________ [insert full name]
Address: ________________________________________________________________________ [insert street / number / town or city / country]
Telephone/Fax numbers: ___________________________________________________________ [insert telephone/fax numbers, including country and city codes]
Email address: ____________________________________________________________________ [indicate email address]
1.
Attached are copies of original documents of:
❑
Articles of Constitution (or equivalent documents of association), of the legal entity named above.
❑
In case of state-owned enterprise or institution, in accordance with ITA 4.3, documents establishing:
•
Legal and financial autonomy
•
Operation under commercial law
•
That the Applicant is not dependent agency of the Employer
2.
Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Section IV – Application Forms 32
Form CON-2: Historical Contract Non-Performance, Pending Litigation and Litigation History
[The following table shall be filled in for the Applicant and for each member of a Joint Venture]
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Non-Performed Contracts in accordance with Section III - Evaluation and Prequalification Criteria
❑
Contract non-performance did not occur since 1st January [insert current year number less 5] specified in Section III - Evaluation and Prequalification Criteria, criterion 2.1.
❑
Contract(s) not performed since 1st January [insert current year number less 5] specified in Section III - Evaluation and Prequalification Criteria, criterion 2.1, as indicated below:
Year
Non-performed portion of contract
Contract Identification
Total Contract Amount (current value, currency, exchange rate and US$ equivalent)
[insert year]
[insert amount and percentage]
Contract Identification: [indicate complete contract name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main reason(s)]
[insert amount]
Section IV – Application Forms 33
Pending Litigation, in accordance with Section III - Evaluation and Prequalification Criteria
❑
No pending litigation in accordance with Section III - Evaluation and Prequalification Criteria, criterion 2.3.
❑
Pending litigation in accordance with Section III - Evaluation and Prequalification Criteria, criterion 2.3 as indicated below:
Year of dispute
Amount in dispute (currency)
Contract Identification
Total Contract Amount (currency), US$ Equivalent (exchange rate)
[insert year]
[insert amount]
Contract Identification: [indicate complete contract name, number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Matter in dispute: [indicate main issues in dispute]
Party who initiated the dispute: [indicate "Employer" or "Contractor"]
Status of dispute: [indicate if it is being treated by the Adjudicator, under Arbitration or being dealt with by the Judiciary, specify "pending" or "settled"]
[insert amount]
[insert year]
[insert amount]
…
[insert amount]
…
…
…
…
Section IV – Application Forms 34
Form FIN–3.1: Financial Situation and Performance
[The following table shall be filled in for the Applicant and for each member of a Joint Venture]
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
1.
Financial data
Type of Financial information in [indicate currency]
Historic information for previous [insert number, in figure and in words ] years
(Amount in [indicate currency, exchange rate, US$ equivalent])
Year 1
Year 2
Year 3
Statement of financial position (information from balance sheet)
Total assets (TA)
Total financial liabilities1
Total equity/Net worth (NW)
Current assets
Current liabilities
Working capital (WC)
Information from income statement
Total revenue
Earnings before interest, taxes, depreciation, and amortization (EBITDA)2
Earnings before taxes (EBT)
Cash flow information
Cash flow from operating activities
1 Means any financial indebtedness for and in respect of:
a)
any monies borrowed on a short, medium or long-term basis;
b)
any bank overdraft;
c)
any amounts raised pursuant to any bills of exchange issued to a third party (or any dematerialised equivalent of such instrument);
d)
any amounts raised pursuant to any note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instruments;
e)
the amount of any liability in respect of any lease or hire purchase contract which would be treated as a finance or capital lease;
f)
receivables sold or discounted (other than any receivables to the extent they are sold on a non-recourse basis).
2 Means, for any given year, the aggregate of:
(+) net income
(+) tax expense
(+/-) extraordinary income or expense
(+/-) financial result
(+/-) net foreign exchange losses or gains
(+) net depreciation and amortization allowances and provisions
Section IV – Application Forms 35
2.
Financial Documents
The Applicant and, in case of a JV, each member, shall provide copies of financial statements for 3 years pursuant Section III - Evaluation and Prequalification Criteria, criterion 3.1. The financial statements shall:
a)
Reflect the financial situation of the Applicant or in case of JV member, and not an affiliated entity (such as parent company or subsidiary);
b)
Be independently audited or certified in accordance with local legislation;
c)
Be complete, including all notes to the financial statements;
d)
Correspond to accounting periods already completed and audited.
Attach copies of financial statements3 for the 3 years required above; and complying with the requirements.
3 If the most recent set of financial statements is for a period earlier than 12 months from the date of application, the reason for this should be justified.
Section IV – Application Forms 36
Form FIN–3.2: Annual Turnover
[The following table shall be filled in for the Applicant and for each member of a Joint Venture]
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Year
Annual turnover data
Amount and Currency1
Exchange rate
US$ Equivalent
[Indicate calendar year]
[insert amount and indicate currency]
[insert exchange rates used to calculate the US$ equivalent]
[insert US$ equivalent]
Average Annual Turnover2
1 The indicated turnover amounts must be identical as those appearing on the financial statements.
2 See Section III - Evaluation and Prequalification Criteria, criterion 3.2.
Section IV – Application Forms 37
Form FIN–3.3: Sources of Finance
[The following table shall be filled in for the Applicant and all members combined in case of a Joint Venture]
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as specified in Section III - Evaluation and Prequalification Criteria.
Financial Resources
No.
Source of Financing
Amount (US$ equivalent)
1
2
3
…
Section IV – Application Forms 38
Form FIN-3.4: Current Contract Commitments / Works in Progress
Applicants and each member to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Current Contract Commitments
No.
Name of Contract
Employer’s Contact Address, Tel, Fax
Value of Outstanding Work (Current US$ Equivalent)
Estimated Completion Date
Average Monthly Invoicing Over Last Six Months (US$/month)
1
2
3
4
5
…
Section IV – Application Forms 39
Form EXP–4.1: General Construction Experience
[The following table shall be filled in for the Applicant and in the case of a JV Applicant, each Member]
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
[Identify contracts that demonstrate continuous construction work over the past [number] years pursuant to Section III - Evaluation and Prequalification Criteria, criterion 4.1. List contracts chronologically, according to their commencement (starting) dates.]
Starting Year
Ending Year
Contract Identification
Role of Applicant
[indicate year]
__________
[indicate year]
__________
Contract Name: [insert full name]
Brief description of the works performed by the Applicant: [describe works performed briefly]
Amount of Contract: [insert amount in currency, mention currency used, exchange rate and US$ equivalent]
Name of Employer: [indicate full name]
Address: [indicate street/number/town or city/country]
[insert "Prime Contractor" or "JV Member" or "Subcontractor" or "Management Contractor"] ________________
…
…
…
…
Section IV – Application Forms 40
Form EXP–4.2(a): Specific Construction and Contract Management Experience
[The following table shall be filled in for contracts performed by the Applicant or each member of a Joint Venture]
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Similar Contract No.: [insert number] of [insert number of similar contracts required]
Information
Contract Identification:
__________________________________________________________ [insert contract name and number, if applicable]
Award Date:
__________________________________________________________ [insert day, month, year, i.e., 15 June, 2015]
Completion Date:
__________________________________________________________ [insert day, month, year, i.e., 03 October, 2017]
Role in Contract: [check the appropriate box]
 Prime Contractor
 Member in JV
 Management Contractor
 Subcontractor
Total Contract Amount:
____________________________________________
[insert total contract amount in local currency]
_________ US$ [insert Exchange rate and total contract amount in US$ equivalent]
If member in a JV or subcontractor, specify participation in total Contract amount:
_______________ % [insert a percentage amount]
___________ [insert total contract amount in local currency]
____________ [insert exchange rate and total contract amount in US$ equivalent]
Employer's Name:
__________________________________________________________ [insert full name]
Address:
__________________________________________________________ [indicate street/number/town or city/country]
Telephone/Fax numbers:
__________________________________________________________ [insert telephone/fax numbers, including country and city area codes]
Email:
__________________________________________________________ [insert email address, if available]
Section IV – Application Forms 41
Form EXP–4.2(a) (cont.): Specific Construction and Contract Management Experience (cont.)
Applicant's Name: [insert full name]
Joint Venture Member's Name: [insert full name]
Similar Contract No.: [insert number] of [insert number of similar contracts required]
Information
Description of the similarity in accordance with criterion 4.2(a) of Section III - Evaluation and Prequalification Criteria
1.
Amount
_______________________________________________________ [insert amount in local currency, exchange rate, US$ in words and in figures]
2.
Physical size of required works items
_______________________________________________________ [insert physical size of items]
3.
Complexity
_______________________________________________________ [insert description of complexity]
4.
Methods/Technology
_______________________________________________________ [insert specific aspects of the methods/technology involved in the contract]
5.
Construction rate for key activities
_______________________________________________________ [insert rates and items]
6.
Other Characteristics
_______________________________________________________ [insert other characteristics as described in Section VII - Scope of Works]
Section IV – Application Forms 42
Form EXP–4.2(b): Construction Experience in Key Activities
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Subcontractor's Name1 (as per ITA 24.3): [insert full name]
Page [insert page number] of [insert total number] pages
1.
Key Activity No. 1: [insert brief description of the Activity, emphasizing its specificity]
Information
Contract Identification:
__________________________________________________________ [insert contract name and number, if applicable]
Award Date:
__________________________________________________________ [insert day, month, year, i.e., 15 June, 2015]
Completion Date:
__________________________________________________________ [insert day, month, year, i.e., 03 October, 2017]
Role in Contract: [check the appropriate box]
 Prime Contractor
 Member in JV
 Management Contractor
 Subcontractor
Total Contract Amount:
____________________________________________ [insert total contract amount in contract currency(ies)]
_________ US$ [insert exchange rate and total contract amount in US$ equivalent]
Quantity (Volume, number or rate of production, as applicable) performed under the contract per year or part of the year
Total quantity in the contract (i)
Percentage participation (ii)
Actual quantity perform (i) x (ii)
Year 1
Year 2
Year 3
Year 4
Employer's Name:
__________________________________________________________ [insert full name]
Address:
__________________________________________________________ [indicate street / number / town or city / country]
Telephone/Fax numbers:
__________________________________________________________
[insert telephone/fax numbers, including country and city area codes]
Email:
__________________________________________________________ [insert email address, if available]
1 If permitted by the Employer under "specialized works" in Table 4.2 (b) of Section III - Evaluation and Prequalification Criteria.
Section IV – Application Forms 43
Form EXP–4.2(b) (cont.): Construction Experience in Key Activities (cont.)
Applicant's Name: [insert full name]
Joint Venture Member's Name: [insert full name]
Description of the key activities in accordance with criterion 4.2(b) of Section III - Evaluation and Prequalification Criteria
[insert response to inquiry indicated in left column]
2.
Key Activity No. 2: [insert brief description of the Activity, emphasizing its specificity]
3.
Key Activity No. 3: [insert brief description of the Activity, emphasizing its specificity]
Section IV – Application Forms 44
Form CER: Quality Management / Environmental, Social, Health and Safety (ESHS) Certification
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Certification [Quality / Environmental / Health and Security]
[Delete as appropriate]
DESCRIPTION
INFORMATION
Identification of the certificate:
__________________________________________ [insert full name of the certificate]
Date of Issue:
__________________________________________ [insert day, month, year of first certificate award]
Areas covered by the certificate:
__________________________________________ [activities and locations]
Expiry Date:
__________________________________________ [insert day, month, year]
Issuer's Name:
__________________________________________ [insert full name]
Address:
__________________________________________ [insert street / number / town or city / country]
Telephone/Fax numbers:
__________________________________________ [insert phone/fax no., incl. country & city area codes]
Email:
__________________________________________ [insert email address, if available]
Compliance with international standards
The certificate is [ISO 9001, ISO 14001, ISO 45001] [select as appropriate]
 Yes /  No
If no, proof of conformity with ISO standards by the Applicant
The Applicant shall provide a conformity assessment of its certificate by an internationally recognized Accredited Certification Body
The Applicant shall fill this Form for each Certification required under criterion 5.1 of Section III - Evaluation and Prequalification Criteria.
Section IV – Application Forms 45
Form EXP–ESHS: Environmental, Social, Health and Safety (ESHS) Experience
Applicant's Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member's Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Similar Contract No.: [insert number] of [insert number of similar contracts required]
Information
Contract Identification:
__________________________________________________ [insert contract name and number, if applicable]
Short Project Description (main scope and key values of project):
__________________________________________________
__________________________________________________ [insert short project description]
Award date:
__________________________________________________ [insert day, month, year]
Completion date:
__________________________________________________ [insert day, month, year]
Role in Contract: [check the appropriate box]
 Prime Contractor
 Member in JV
 Management Contractor
 Subcontractor
Total Contract Amount:
______________________________ [insert total contract amount in local currency]
_________________ [insert total contract amount in US$ equivalent]
If party in a JV or subcontractor, specify participation of total contract amount:
____________ % [insert a percentage amount]
_____________ [insert total contract amount in local currency]
_________________ [insert total contract amount in US$ equivalent]
Employer’s name:
__________________________________________________ [insert full name]
Address:
__________________________________________________
__________________________________________________ [insert street / number / town or city / country]
Telephone/Fax numbers:
__________________________________________________ [insert phone/fax numbers, including country and city area codes]
Email:
__________________________________________________ [insert email address, if available]
Section IV – Application Forms 46
Similar Contract No.: [insert number] of [insert number of similar contracts required]
Information
Description of the ESHS challenges and measures implemented under the contract:
a)
ESHS Challenge:
[Insert description]
b)
ESHS Risk Assessment Level:
[Insert classification of risk assessment as per development bank classification if applicable]
c)
ESHS implemented measures (as per criterion 5.3 of Section III - Evaluation and Prequalification Criteria):
[Provide a document supporting the implementation of ESHS measures, acceptable to the Employer1]
d)
ESHS Knowhow Transfer or ESHS Local Staff Capacity Building (as per criterion 5.4, if any, of Section III - Evaluation and Prequalification Criteria):
[Provide evidence of successful2:
−
ESHS knowhow transfer to local partners or subcontractors; or
−
ESHS capacity building to local staff under the contract.]
1 For example ESHS activity reports, ESHS final reports, ESHS inspection reports, supervision Engineer's reports, etc. Only documents evidencing implementation of ESHS measures shall be accepted.
2 For example ESHS activity reports presenting training activities, training materials with attendance sheets, etc. Only documents evidencing ESHS knowhow transfer or ESHS local staff capacity building shall be accepted.
Section V – Eligibility Criteria 47
Section V – Eligibility Criteria
Eligibility in AFD-Financed Procurement
1.
Financing allocated by AFD to a Contracting Authority has been entirely untied since 1st January 2002. To the exception of any equipment or any sector which is subject to an embargo by the United Nations, the European Union or France, all goods, works, plants, consulting services and non-consulting services are eligible for AFD financing regardless of the country of origin of the supplier, contractor, subcontractor, consultant or subconsultant inputs or resources used in the implementation processes. The Contracting Authority means the Purchaser, the Employer, the Client, as the case may be, for the procurement of goods, works, plants, consulting services or non-consulting services.
2.
Natural or legal Persons1 (including all members of a joint venture or any of their suppliers, contractors, subcontractors, consultants or subconsultants) shall not be awarded an AFD-financed contract if, on the date of submission of an application, a bid or a proposal, or on the date of award of a contract, they:
2.1 Are bankrupt or being wound up or ceasing their activities, are having their activities administered by the courts, have entered into receivership, or are in any analogous situation arising from a similar procedure;
2.2 Have been:
a)
convicted, within the past five years by a court decision, which has the force of res judicata in the country where the contract is implemented, of fraud, corruption or of any other offense committed during a procurement process or performance of a contract, unless they provide supporting information together with their Statement of Integrity (Form available as Appendix to the Application, Bid or Proposal Submission Form) which shows that this conviction is not relevant in the context of the Contract;
b)
subject to an administrative sanction within the past five years by the European Union or by the competent authorities of the country where they are constituted, for fraud, corruption or for any other offense committed during a procurement process or performance of a contract, unless they provide supporting information together with their Statement of Integrity (Form available as Appendix to the Application, Bid or Proposal Submission Form) which shows that this sanction is not relevant in the context of the Contract;
c)
convicted, within the past five years by a court decision, which has the force of res judicata, of fraud, corruption or of any other offense committed during the procurement process or performance of an AFD-financed contract;
2.3 Are listed for financial sanctions by the United Nations, the European Union and/or France for the purposes of fight-against-terrorist financing or threat to international peace and security;
2.4 Have been subject within the past five years to a contract termination fully settled against them for significant or persistent failure to comply with their contractual obligations during contract performance, unless this termination was challenged and dispute resolution is still pending or has not confirmed a full settlement against them;
2.5 Have not fulfilled their fiscal obligations regarding payments of taxes in accordance with the legal provisions of either the country where they are constituted or the Contracting Authority's country;
2.6 Are subject to an exclusion decision of the World Bank and are listed on the website http://www.worldbank.org/debarr, unless they provide supporting information together with
1 Means any Person whether natural or legal, firm, company, corporation, government, state or state agency or any association, or group of two or more of the foregoing (whether or not having separate legal status).
Section V – Eligibility Criteria 48
their Statement of Integrity (Form available as Appendix to the Application, Bid or Proposal Submission Form) which shows that this exclusion is not relevant in the context of the Contract;
2.7 Have created false documents or committed misrepresentation in documentation requested by the Contracting Authority as part of the procurement process of the Contract.
3.
State-owned entities may compete only if they can establish that they (i) are legally and financially autonomous, and (ii) operate under commercial law. To be eligible, a state-owned entity shall establish to AFD’s satisfaction, through all relevant documents, including its Charter and other information AFD may request, that it: (i) is a legal entity separate from their state (ii) does not currently receive substantial subsidies or budget support; (iii) operates like any commercial enterprise, and, inter alia, is not obliged to pass on its surplus to their state, can acquire rights and liabilities, borrow funds and be liable for repayment of its debts, and can be declared bankrupt.
Section VI - AFD Policy - Corrupt and Fraudulent Practices – Environmental and Social Responsibility
49
Section VI – AFD Policy - Corrupt and Fraudulent Practices – Environmental and Social Responsibility
1.
Corrupt and Fraudulent Practices
The Contracting Authority and the suppliers, contractors, subcontractors, consultants or subconsultants must observe the highest standard of ethics during the procurement process and performance of the contract. The Contracting Authority means the Purchaser, the Employer, the Client, as the case may be, for the procurement of goods, works, plants, consulting services or non-consulting services.
By signing the Statement of Integrity the suppliers, contractors, subcontractors, consultants or subconsultants declare that (i) “it did not engage in any practice likely to influence the contract award process to the Contracting Authority’s detriment, and that it did not and will not get involved in any anti-competitive practice”, and that (ii) “the procurement process and the performance of the contract did not and shall not give rise to any act of corruption or fraud”.
Moreover, AFD requires including in the Procurement Documents and AFD-financed contracts a provision requiring that suppliers, contractors, subcontractors, consultants or subconsultants will permit AFD to inspect their accounts and records relating to the procurement process and performance of the AFD-financed contract, and to have them audited by auditors appointed by AFD.
AFD reserves the right to take any action it deems appropriate to check that these ethics rules are observed and reserves, in particular, the rights to:
a)
Reject a proposal for a contract award if it is established that during the selection process the bidder or consultant that is recommended for the award has been convicted of corruption, directly or by means of an agent, or has engaged in fraud or anti-competitive practices in view of being awarded the Contract;
b)
Declare misprocurement when it is established that, at any time, the Contracting Authority, the suppliers, contractors, subcontractors, consultants or subconsultants their representatives have engaged in acts of corruption, fraud or anti-competitive practices during the procurement process or performance of the contract without the Contracting Authority having taken appropriate action in due time satisfactory to AFD to remedy the situation, including by failing to inform AFD at the time they knew of such practices.
AFD defines, for the purposes of this provision, the terms set forth below as follows:
a)
Corruption of a Public Officer means:
−
The act of promising, offering or giving to a Public Officer, directly or indirectly, an undue advantage of any kind for himself or for another Person1 or entity, for such Public Officer to act or refrain from acting in his official capacity; or
−
The act by which a Public Officer solicits or accepts, directly or indirectly, an undue advantage of any kind for himself or for another Person or entity, for such Public Officer to act or refrain from acting in his official capacity.
b)
A Public Officer shall be construed as meaning:
−
Any person who holds a legislative, executive, administrative or judicial mandate (within the country of the Contracting Authority) regardless of whether that natural Person was nominated or elected, regardless of the permanent or temporary, paid or unpaid nature of the position and regardless of the hierarchical level the natural Person occupies;
−
Any other natural Person who performs a public function, including for a State institution or a State-owned company, or who provides a public service;
1 Means any Person whether natural or legal, firm, company, corporation, government, state or state agency or any association, or group of two or more of the foregoing (whether or not having separate legal status).
Section VI - AFD Policy - Corrupt and Fraudulent Practices – Environmental and Social Responsibility
50
−
Any other natural Person defined as a Public Officer by the national laws of the country of the Contracting Authority.
c)
Corruption of a Private Person2 means:
−
The act of promising, offering or giving to any Private Person, directly or indirectly, an undue advantage of any kind for himself or for another Person or entity, for such Private Person to perform or refrain from performing any act in breach of its legal, contractual or professional obligations; or;
−
The act by which any Private Person solicits or accepts, directly or indirectly, an undue advantage of any kind for himself or for another Person or entity, for such Private Person to perform or refrain from performing any act in breach of its legal, contractual or professional obligations.
d)
Fraud means any dishonest conduct (act or omission), whether or not it constitutes a criminal offence, deliberately intended to deceive others, to intentionally conceal items, to violate or vitiate consent, to circumvent legal or regulatory requirements and/or to violate internal rules in order to obtain illegitimate profit.
e)
Anti-competitive practices mean:
−
Any concerted or implied practices which have as their object or effect the prevention, restriction or distortion of competition within a marketplace, especially where they (i) limit access to the marketplace or free exercise of competition by other undertakings, (ii) prevent free, competition-driven price determination by artificially causing price increases or decreases, (iii) restrict or control production, markets, investments or technical progress; or (iv) divide up market shares or sources of supply;
−
Any abuse by one undertaking or a group of undertakings which hold a dominant position on an internal market or on a substantial part of it;
−
Any practice whereby prices are quoted or set unreasonably low, the object of which is to eliminate an undertaking or any of its products from a market or to prevent it from entering the market.
2.
Environmental and Social Responsibility
In order to promote sustainable development, AFD seeks to ensure that internationally recognised environmental and social standards are complied with. Suppliers, contractors, subcontractors, consultants or subconsultants for AFD-financed contracts shall consequently undertake in the Statement of Integrity to:
a)
Comply with and ensure that all their subcontractors or subconsultants comply with international environmental and labour standards, consistent with applicable law and regulations in the country of implementation of the contract, including the fundamental conventions of the International Labour Organisation (ILO) and international environmental treaties;
b)
Implement environmental and social risks mitigation measures when specified in the environmental and social management plan (ESMP) provided by the Contracting Authority.
2 Means any natural Person other than a Public Officer.
51
PART 2 – Works Requirements
Section VII – Scope of Works 52
Section VII – Scope of Works
1.
Description of the Works
The works comprise the provision of a new 400/132 kV substation at Makindu along with Loop in Loop out (LILO) connection of existing 400kV Isinya –Mariakani double circuit and 132kV Juja-Rabai single circuit transmission line and all associated works.
The scope of this EPC Project shall include engineering, procurement, supply of all equipment and materials, construction, erection, testing and commissioning of all equipment and all associated works in order to make the substation fully functional and operational. The scope also includes all civil works, all structural and architectural works, construction of buildings, boundary wall, fences, internal access roads, access road to substation, construction of cable ducts and cable trenches, transformer foundations with fire protection / blast walls and oil collection pits, outdoor equipment foundations, EPC’s scope also includes hydrological survey, borehole drilling, pump and tank installation and all other necessary fittings and accessories for the control building water supply, etc. with all the necessary facilities provided for a fully functional substation.
The scope shall also include the implementation of a CSR project for the community. The cost of the CSR project to be implemented shall be capped at KES 10,000,000. The project to be implemented shall be determined in consultation with KETRACO and the local communities. The contractor shall design and implement the CSR project selected.
a.
Makindu 400/132 kV digital substation
The Makindu 400/132 kV substation shall be constructed as a new air-insulated switchgear (AIS) substation. The 400 KV switchyard shall be arranged in 1 ½ circuit breaker arrangement with four (4) diameters expanded as I type, with two fully populated diameters for OHL connection and transformer and two fully populated diameters for OHL connections and reactors only. The two circuits of the Isinya -Mariakani 400kV transmission line shall be diverted into this substation as Line in and Line out connection (LILO).
The 400 kV busbar shall be with aluminium tube along with the relevant post insulator/ gantry as support. The two 400/132/11 kV, 90MVA inter-bus transformers (IBT) shall feed the new 132kV switchyard and provide the auxiliary supply. The two proposed 500kVA 11/0.415 kV auxiliary earthing transformer shall be used for the auxiliary power supply. The tertiary winding of the transformer and shall be finalized based on request for the auxiliary load and distance of the load (control building and guard house). Adequate space shall be provided for the proposed future 400kV bays as per the single line diagram and layout drawings shared. The 132kV switchyard shall be configured in a double busbar arrangement along with one circuit breaker per feeder. The 132kV switchyard shall accommodate two OHL feeder bays, two 400/132kV transformers bays, two bus sections (for bus bar 1&2) between two transformers and two bus coupler bays. Busbar for 132kV shall be with aluminium tube 100mm diameter minimum and that for the 400kV shall be 200mm diameter minimum but shall be based on the calculations by the Contractor at the bidding stage and included in the bid. The future extension shall be provision for two future feeder bays and one future transformer bay.
The AC supply for the control building shall be provided from two (2 Nos) auxiliary/earthing transformers connected to the tertiary winding of the main 400/132/11 kV transformers and one 250kVA emergency diesel generator (However, the contractor should do loading calculations to determine the appropriate sizing and submit for approval by the Employer).
The digital substation shall use merging units’ devices installed in the switchyard to convert the analog signals from conventional current and voltage transformers to digital signals for digital communication, using the standard IEC 61850-9-2LE or IEC 61869-9 to feed the protection relays, bay controller units, phasor measurement units and automatic voltage regulators. In the same way, the digital signals from primary equipment shall use the switch controller units installed in the switchyard to convert the physical inputs and outputs to fast communication events using the IEC 61850-8-1 GOOSE messages.
As a special case, one of the 132kV OHL circuit shall make use low power instrument transformers (LPIT) and conventional current transformer and conventional voltage transformers.
Section VII – Scope of Works 53
To provide the required availability in a digital system, a robust and scalable network must support all the communications and ensure that a single failure doesn’t affect the protection and automation system. This shall be achieved by using the Parallel Redundant Protocol (PRP) for a physical independent Process Bus and Station Bus.
In parallel, an on-line functional monitoring system shall check the traffic coursed in the network to detect failures or possible cybersecurity intrusion, in complement with barriers created using firewalls. Copper clad steel shall be used for earthing cables above ground including equipment risers.
a)
The 400kV switchyard is in one & half circuit breaker busbar arrangement and shall comprise of the following:
•
Two (2) fully populated diameters connecting Isinya 1, Isinya 2, IBT-1 and IBT-2
•
Two (2) fully populated diameter connecting Mariakani 1 and Mariakani 2, busbar reactor 1 and busbar reactor 2
•
Space for a partial diameter shall be considered for future extension.
b)
Design, supply, installation, testing, and commissioning of the two (2) numbers, 400/132/11kV, 90MVA, YNyn0d11, ONAN/ONAF auto transformers (A-TR.) with OLTC in step of 1.25%, 16 Steps, minimum percentage impedance at nominal voltage tap of 14% are required and shall feed into the 132kV switchyard. Depending on the location of the earthing and auxiliary transformer (EAT), 11kV power cables shall be installed between the auto transformer and the earthing and auxiliary transformers.
c)
Design, supply, installation, testing, and commissioning of the two (2) numbers, 400kV, 50MVAR, YN, ONAN busbar Reactor
d)
Two (2) number, 11/0.415kV, 500kVA, ZNyn11 Earthing and Auxiliary transformers (EAT).
Note: The proposed capacity for EATs is based on the preliminary evaluation for bidding purpose. It shall be finalized during the detailed design stage. (Price adjustment shall be considered for probable change after detailed design).
e)
The 132kV switchyard is in double busbar arrangement and shall be comprised of the following:
•
Two 400/132kV transformer bays
•
Two OHL bays
•
Two bus sections
•
Two bus coupler bays
•
Space for four (4) 132kV bays shall be considered for future extension.
f)
Supply new LVAC/LVDC main and sub-distribution switchboards for the new 400/132kV substation as specified below.
•
Install a new standby diesel generator for the new 400/132kV substation as specified below.
•
Install a new 110V DC system for the new 400/132kV substation
•
Install a new 48V DC system for the new 400/132kV substation
•
Install a new UPS system for the new 400/132kV substation
g)
Substation control building complete with substation control, protection and communication system.
h)
Phasor measurement unit (PMU) and Fault Recording system (FRS) together with required facilities and accessories (as per technical specifications) shall be supplied and commissioned.
i)
Other electrical, mechanical, and civil works as per technical requirements, price schedules and bid drawings:
•
Guard House with Telecommunication Collocation Room
•
Diesel Generator and Diesel Generator House
•
Firefighting and Potable Water Pump Houses and Equipment and Machineries
•
Storage Warehouse
•
Central Policing Infrastructure Unit Housing (CPIU) buildings (4 nos.)
•
Internal Access Roads
•
External Access Road
•
Boundary Chain-Link Fence and Entrance Gate
•
Etc.
j)
Required facility for interconnection between the OPGW and fiber optic cable (including joint box, splicing, termination at the gantry, etc.) and end to end (ODF-ODF) OTDR and core-matching testing and preparing the as-built documents
Section VII – Scope of Works 54
k)
Tests, end to end testing, commissioning, and training.
l)
Complete and functional system integration to the existing power grid including but not limited to:
•
Modification of remote end stations of 400 kV Mariakani- Isinya line. This will include modification of panel names, protection settings, testing of the modified settings, SCADA and all works related to the LILO of this line into Makindu.
•
Modification of remote end stations of 132kV Juja- Rabai line. This will include modification of panel names, protection settings, testing of the modified settings, SCADA and all works related to the LILO of this line into Makindu.
b.
LILO connection of existing 400kV Mombasa-Nairobi (Isinya-Mariakani) Double Circuit OHL
The description of work for LILO connection of existing 400kV Mombasa-Nairobi (Isinya-Mariakani) double circuit includes the design, manufacture, supply, delivery to and off-loading at site, erection, testing, commissioning, completion and maintenance of the following plant and materials and of the other work incidental thereto included in the specification.
a)
LILO of the existing 400kV Mombasa-Nairobi (Isinya-Mariakani) double circuit line and all associated works approximately 2.4 kms including all the necessary survey, design and works for restringing of the existing conductors for whole the affected sections and temporary bypass works to facilitate smooth execution of LILO works and limit the outage durations on the existing lines.
b)
Two (2) numbers of new 400kV terminal towers for the LILO connection shall be required as well as other towers (lattice tower with Danube configuration) according to the BOQ. The towers and foundations to be designed and type tested as same as the existing steel lattice towers and foundations. The existing towers are of double circuit vertical configuration with Quad Lark conductor.
c)
The installation of two sets of three down-leads from each one of the new 400kV terminal towers to the 400kV substation gantry and any necessary connections to the substation equipment from these down-leads, including line conductors, earth conductors, insulators, and fittings, earthing and connections.
d)
The installation of OPGW (having the technical particulars as specified in the Employers Requirements) between the above mentioned existing 400kV angle tower joint box and the new 400kV terminal towers and from the terminal tower to the substation gantry joint box.
e)
The installation of conductor between the existing angle tower and the new 400kV terminal towers including the required earth conductors, insulators, and fittings, earthing and connections.
f)
The installation of ground wire (having the technical particulars as specified in the Employers Requirements) between the above mentioned new 400kV angle tower and the new 400kV terminal tower and from the terminal towers to the substation gantry.
g)
The supply and installation including splicing of the outside fiber optic cable with the armored cable between the substation gantry joint boxes and the telecommunication room including cable ducts.
h)
Supply and installation of the necessary splice boxes and the splicing of the OPGW
i)
Works associated with the re-setting of the optical repeater parameters at remote towers on the 400kV overhead line.
j)
Carrying out of the OTDR tests to confirm the healthiness of the OPGW conductor between Isinya and Mariakani 400kV substation.
k)
Naming of the additional towers to match the existing tower nomenclature
l)
Restringing of the OPGW, ground wire and conductor for the existing line sections, where the existing line shall be cut and check and control of the loading on the existing towers in those sections to be maintained as original situation in all loading conditions. The OPGW shall be from existing splice box.
m)
Dismantling of the existing towers and transfer to the Employer’s store as well as removing the foundation related to the dismantled towers up to 1 meter underground and backfilling.
n)
Maximum daily outage on the existing line shall be 8 hours and shall not be issued on sequential days.
o)
Update the SAS for adjoining substations and NCC SCADA system to integrate new topology.
c.
LILO connection of existing 132kV Juja-Rabai Single Circuit OHL
Section VII – Scope of Works 55
The description of work for the LILO connection of existing 132kV Juja-Rabai single circuit includes the design, manufacture, supply, delivery to and off-loading at Site, erection, testing, commissioning, completion and maintenance of the following plant and materials and of the other work incidental thereto included in the Specification.
a)
LILO of the existing 132kV Juja-Rabai single circuit line and all associated works approximately 4.2 kms including all the necessary survey, design and works for restringing of the existing conductors for whole the affected sections and temporary bypass works to facilitate smooth execution of LILO works and limit the outage durations on the existing lines. Existing 132kV Juja-Rabai transmission line is on guy towers as suspension and self-supporting tension/angle towers utilising ACSR lynx conductor which shall have to be maintained for the LILO works.
b)
A new 132kV terminal tower for LILO connection shall be required as well as other towers according to the BOQ. The towers and foundations shall be new design.
c)
The installation of two sets of three down-leads from the new 132kV terminal towers to the 400/132kV substation gantry and any necessary connections to the substation equipment from these down-leads, including line conductors, earth conductors, insulators, and fittings, earthing and connections.
d)
The installation of OPGW (having the technical particulars as specified in the Employers Requirements) between the above mentioned existing 132kV angle tower joint box and the new 132kV terminal tower and from the terminal tower to the substation gantry joint box.
e)
The installation of conductor between the new angle towers and the new 132kV terminal tower including the required earth conductors, insulators, and fittings, earthing and connections.
f)
The installation of ground wire (having the technical particulars as specified in the Employers Requirements) between the above mentioned new 132kV angle towers and the new 132kV terminal tower and from the terminal towers to the substation gantry.
g)
The supply and installation including splicing of the outside fiber optic cable and the armored cable between the substation gantry joint boxes and the telecommunication room including cable ducts.
h)
Supply and installation of the necessary splice boxes and the splicing of the OPGW
i)
Works associated with the re-setting of the optical repeater parameters at remote towers on the 132kV overhead line.
j)
Carrying out of the OTDR tests to confirm the healthiness of the OPGW conductor between the remote end stations of the 132 kV Juja - Rabai line.
k)
Naming of the additional towers to match the existing tower nomenclature.
l)
Restringing of OPGW, ground wire and conductor for the existing line sections, where the existing line shall be cut and check and control of the loading on the existing towers in those sections to be maintained as original situation in all loading conditions. The OPGW shall be from the existing splice boxes.
m)
Dismantling of the existing towers and transfer to the Employer store as well as removing the foundation related to the dismantled towers up to 1 meter underground and backfilling.
n)
Maximum daily outage on the existing line shall be 8 hours and shall not be issued on sequential days.
2.
Construction Period(s)
➢
The time to complete and commission the works from the contract’s effective date is 20 Months; with time for completion of pre-commissioning activities being 18 months and time for commissioning being 2 months.
➢
Alternative schedules are permitted provided the total duration to complete and commision the works does not exceed 20 Months.
➢
No credit will be given for earlier completion and commissioning.
3.
Site and other Data
➢
The details concerning the location of the project site is attached as Appendix 1.
➢
The Employer is responsible for acquiring and providing legal and physical possession of the Project Site.
➢
The site for the CSR project shall be determined in consultation with KETRACO and the local communities.
Section VII – Scope of Works 56
Appendix 1