RURAL ELECTRIFICATION &

RE RENEWABLE ENERGY CORPORATION

(Formerly Rural Electrification Authority)

RFX NO. 1000000429

FOR
DESIGN, SUPPLY, INSTALLATION, TESTING
AND COMMISSIONING OF 280 KW SOLAR PV-
DIESEL HYBRID PLANT AT BUNA TRADING
CENTRE, WAJIR COUNTY

ALL TENDERERS ARE ADVISED TO READ CAREFULLY THIS TENDER DOCUMENT IN ITS
ENTIRETY BEFORE MAKING ANY BID

May, 2020

REREC Standard Tender Document for Electromechanical Works

Kawi House – South C,
P.O. Box 34585, 00100
Nairobi, Kenya
TEL NO. +254-20-4953600/4953000
FAX NO. +254-20-2710944

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 TABLE OF CONTENT

INTRODUCTION ............................................................................................................................. 3
SECTION I: INVITATION FOR TENDERS ................................................................................... 4
SECTION II: INSTRUCTIONS TO TENDERERS ......................................................................... 5
SECTION III: APPENDIX TO INSTRUCTIONS TO TENDERERS ........................................... 22
SECTION IV : CONDITIONS OF CONTRACT (Including erection on site) ............................... 26
GENERAL CONDITIONS OF CONTRACT ................................................................................. 26
SPECIAL CONDITIONS OF CONTRACT ................................................................................... 64
SECTION V: SUMMARY OF EVALUATION PROCESS .......................................................... 72
SECTION VI: SPECIFICATIONS.................................................................................................. 75
SECTION VII: DRAWINGS ........................................................................................................ 145
SECTION VIII: BILLS OF QUANTITIES ................................................................................... 146
SECTION IX : STANDARD F0RMS ........................................................................................... 161

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 INTRODUCTION

1.1 This standard tender document for procurement of works has been prepared for use
by procuring entities in Kenya in the procurement of works (i.e. Electrical and
Mechanical Works – Including Erection on Site).

1.2 The following guidelines should be observed when using the document:

(a) Specific details should be furnished in the tender notice and in the special conditions
of contract (where applicable). The tender document issued to tenderers should not
have blank spaces or options.

(b) The instructions to tenderers and the General Conditions of Contract should remain
unchanged. Any necessary amendments to these parts should be made through
Appendix to instructions to tenderers and special conditions of contract respectively.

1.3 (a) Information contained in the invitation to tender shall conform to the data and
information in the tender documents to enable prospective tenderers to decide
whether or not to participate in the tender and shall indicate any important tender
requirements.

(b) The invitation to tender shall be as an advertisement in accordance with the

regulations or a letter of invitation addressed to tenderers.

1.4 This document is based on PART 1 of the third Edition of the International
Federation of Consulting Engineers (Federation Internationale des Ingenieurs Con
Seils – FIDIC) Conditions of Contract for Electrical and Mechanical Works, 1987
(reprinted May 1988 with Editorial Amendments).

1.5 The cover of the tender document should be modified to include:

i. Tender number.
ii. Tender name.
iii. Name of procuring entity.

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 SECTION I: INVITATION FOR TENDERS

1. The Rural Electrification and Renewable Energy Corporation invites tenders from interested
companies to tender for the services described in the table below:

Tender No. Tender Description Tender Closing Dates

Rfx Design, Supply, Installation and Commissioning of 280kW 22nd May, 2020
1000000429 Solar PV- Diesel Hybrid Minigrid at Buna Trading Centre @ 10.00am
Wajir County

2. Tender documents detailing the requirements may be viewed at REREC E- Procurement Web Portal
found on the REREC website ( www.rea.co.ke) beginning on 29th April 2020.

3. Bidders who are interested in bidding for this tender MUST ensure that they are registered in REREC
SAP SRM system and have set up their page. Please ensure compliance to the following
a) Each company must have two user accounts; Admin Account and Employee Account. Ensure
that the following roles are NOT ASSIGNED to the employee; Employee Administrator and
Supplier Master Data manager.
b) Ensure that the admin account and employee account does not share same email address.
c) Ensure that the Employee user name is between 4 and 12 characters.
d) It is a Mandatory requirement that all Bid Documents/Responses be uploaded to the
COLLABORATION ROOM in the link with “RFX Response Number: Company Name”.
Bidders shall not attach their documents at any other Tab of the Portal. Attachments placed
elsewhere in the portal shall be declared non-compliant and will not be evaluated.
e) Prices MUST be entered under item tab of the RFX. The prices entered here shall be similar to
the prices in the price/BoQ Schedule and shall form part of the evaluation criteria.
f) For the purpose of this tender bidding, the employee account shall be used to submit your RFX
responses. Bidders who require clarification from our office should do so strictly 7 days before
tender closing.

4. Completed Tenders are to be saved as PDF documents marked with the Tender Number and
Description and submitted through the REREC E-Procurement Web Portal found on the REREC
website (www.rea.co.ke) so as to be received on or before the dates in the schedule above.

5. Tenders will be opened electronically promptly thereafter in the presence of the Tenderer’s or their
representatives who choose to attend in REREC Procurement Office at Kawi House, Ground Floor.

6. Interested bidders are advised to visit the Corporation’s website, homepage, Information Center,
SAP SRM Document, SAP SRM Supplier User Guide for registration and creation of their portal
and Supplier Bidding Quick Reference Guide for submitting their response.

CHIEF EXECUTIVE OFFICER

RURAL ELECTRIFICATION AND RENEWABLE ENERGY CORPORATION

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 SECTION II: INSTRUCTIONS TO TENDERERS

TABLE OF CLAUSES

CLAUSE NUMBERS PAGE

DESCRIPTION

GENERAL

1. Definitions ………………………………………………… 8
2. Eligibility and Qualification Requirements…………..……….. 8
3. Cost of Tendering …………………………………………… 11
4. Site Visit …………………………………………………….. 11

TENDER DOCUMENTS

5. Tender Documents …………………………………………. 12

6. Clarification of Tender Documents ………………………… 12
7. Amendments of Tender Documents …………...…………… 13

PREPARATION OF TENDER

8. Language of Tender ………………………………………… 13

9. Documents Comprising the Tender ………………………… 13
10. Tender Prices ………………………………………………. 14
11. Currencies of Tender and Payment ………………………… 15
12. Tender Validity …………………………………………….. 16
13. Tender Surety ………………………………………………. 17
14. No Alternative Offers ………………………………………. 17
15. Pre-tender meeting …………………………………………… 18
16. Format and Signing of Tenders ……………………………... 18

SUBMISSION OF TENDERS

17. Sealing and Marking of Tenders ……………………………. 19

18. Deadline and Submission of Tenders ………………………. 20
19. Modification and Withdrawal of Tenders ………………….. 20

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 TENDER OPENING AND EVALUATION

20. Tender Opening….……………………………………………….. 21

21. Process to be Confidential….…………………………………….. 22
22. Clarification of Tenders……………………………………………22
23. Determination of Responsiveness …………………………………22
24. Correction of Errors..………………………………………………23
25. Conversion to Single Currency…………………………………… 24
26. Evaluation and Comparison of Tenders..…………………………..24

AWARD OF CONTRACT

27. Award…..………………………………………………………… 25
28. Notification of Award…………………………………………….. 25
29. Performance Guarantee.……………………………………………26
30. Advance Payment …….…………………………………………...26
31. Corrupt and Fraudulent Practices …………………………………..27
Appendix to Instructions to Tenderers…..………………………….27

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 INSTRUCTION TO TENDERERS

Note: The renderer must comply with the following conditions and instructions and failure to do so
is liable to result in rejection of the tender.

GENERAL

1. Definitions

(a) “Tenderer” means any person or persons partnership firm or company submitting a
sum or sums in the Bills of Quantities in accordance with the Instructions to
Tenderers, Conditions of Contract Parts I and II, Specifications, Drawings and Bills
of Quantities for the work contemplated, acting directly or through a legally
appointed representative.
(b) “Approved tenderer” means the tenderer who is approved by the Employer.
(c) Any noun or adjective derived from the word “tender” shall be read and construed
to mean the corresponding form of the noun or adjective “bid”. Any conjugation of
the verb “tender” shall be read and construed to mean the corresponding form of the
verb “bid.”
(d) “Employer” means Rural Electrification and Renewable Energy Corporation

2. Eligibility and Qualification Requirements

2.1 This invitation to tender is open to all tenderers who are eligible as stated in the appendix.

2.2 The procuring entity’s employees, committee members, board members and their relative
(spouse and children) are not eligible to participate in the tender.

2.3 To be qualified for award of Contract, the tenderer shall provide evidence satisfactory to
the Employer of their eligibility under Sub clause 2.1 above and of their capability and
adequacy of resources to effectively carry out the subject Contract. To this end, the
tenderer shall be required to meet the following conditions:

(a) Details of experience and past performance of the tenderer on the works of a similar
nature within the past two years and details of current work on hand and other
contractual commitments.
(b) The qualifications and experience of key personnel proposed for administration and
execution of the contract, both on and off site.
(c) Major items of construction plant and equipment proposed for use in carrying out the
Contract. Only reliable plant in good working order and suitable for the work
required of it shall be shown on this schedule. The tenderer will also indicate on this
schedule when each item will be available on the Works. Included also should be a

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 schedule of plant, equipment and material to be imported for the purpose of the
Contract, giving details of make, type, origin.
(d) Details of subcontractors to whom it is proposed to sublet any portion of the Contract
and for whom authority will be requested for such subletting in accordance with
clause 4 of the Conditions of Contract.
(e) A draft Program of Works in the form of a bar chart and Schedule of Payment which
shall form part of the Contract if the tender is accepted. Any change in the Program
or Schedule shall be subjected to the approval of the Engineer.
(f) Details of any current litigation or arbitration proceedings in which the Tenderer is
involved as one of the parties.
(g) Manufacturers Authorization. That, in the case of a Tenderer offering to supply goods
under the contract which the Tenderer did not manufacture or otherwise produce, the
Tenderer has been duly authorized by the goods’ manufacturer or producer to supply
the goods. The authorization shall strictly be in the form and content as prescribed in
the Manufacturer’s Authorization Form in the Tender Document.
(h) Warranty. Where required in the Tender, all Tenderers must also provide a Warranty
that warrants that the goods to be supplied under the contract are new, unused, of the
most recent or current specification and incorporate all recent improvements in
design and materials unless provided otherwise in the Tender. The Warranty shall
also warrant that the goods in the Tenderer’s bid have no defect arising from
manufacture, materials or workmanship or from any act or omission of the Tenderer
that may develop under normal use of the goods under the conditions obtaining in
Kenya.
(i) That the Tenderer has the technical capability necessary to perform the contract.
(j) Legal capacity to enter into a contract for procurement
(k) Shall not be insolvent, in receivership, bankrupt or in the process of being wound
up and is not the subject of legal proceedings relating o the foregoing.
(l) Shall not be debarred from participating in public procurement.

2.4 Joint Ventures

Tenders submitted by a joint venture of two or more firms as partners shall comply with
the following requirements:
(a) The tender, and in case of a successful tender, the Form of Agreement, shall
be signed so as to be legally binding on all partners.
(b) One of the partners shall be nominated as being in charge; and this
authorization shall be evidenced by submitting a power of attorney signed by
legally authorized signatories of all the partners.
(c) The partner in charge shall be authorized to incur liabilities and receive
instructions for and on behalf of any and all partners of the joint venture and
the entire execution of the Contract including payment shall be done
exclusively with the partner in charge.

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 (d) All partners of the joint venture shall be liable jointly and severally for the
execution of the Contract in accordance with the Contract terms, and a
relevant statement to this effect shall be included in the authorization
mentioned under (b) above as well as in the Form of Tender and the Form of
Agreement (in case of a successful tender).
(e) A copy of the agreement entered into by the joint venture partners shall be
submitted with the tender.

2.5 Goods Eligibility and Conformity to Tender Documents

2.5.1 Tenderer shall furnish, as part of its tender, documents establishing the eligibility and conformity to
the Tender Document of all goods that the Tenderer proposes to supply under the contract.
2.5.2 The documentary evidence of the eligibility of the goods shall consist of a statement in the Price
Schedule of the country of origin of the goods and services offered which shall be confirmed by a
certificate of origin issued at the time of shipment.

3. Cost of Tendering

3.1 The tenderer shall bear all costs associated with the preparation and submission of his
tender and the Employer will in no case be responsible or liable for those costs, regardless
of the conduct or outcome of the tendering process.

4. Site Visit

4.1 The tenderer is advised to visit and examine the Site and its surroundings and obtain for
himself on his own responsibility, all information that may be necessary for preparing the
tender and entering into a contract. The costs of visiting the Site shall be the tenderer’s
own responsibility.
4.2 The Employer shall organize a Wajir County starting from 9:00AM. A representative of
the Employer will be available to meet the intending tenderers at the Site on the indicated
date. The contractor representative attending the pre-tender site visit should have an
introduction letter on the biding company letter head and a national ID and should have a
Technical background.
4.3 Tenderers must provide their own transport. The representative will not be available at any
other time for site inspection visits.
4.4 The tenderer and any of his personnel or agents will be granted permission by the
Employer to enter upon premises and lands for the purpose of such inspection, but only
upon the express condition that the tenderer, his personnel or agents, will release and
indemnify the Employer from and against all liability in respect of, and will be responsible
for personal injury (whether fatal or otherwise), loss of or damage to property and any
other loss, damage, costs and expenses however caused, which but for the exercise of such
permission, would not have arisen.

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 4.5 Each tenderer shall complete the Certificate of Tenderer’s Visit to the Site, only available
during the site visit described in (b).
4.6 Site visit form shall be submitted together with the bid documents.

NOTE: Every Bidder shall be represented by one person from the company authorizing them to
represent the company in the pre-tender site visit. ONE (1) PERSON SHALL REPRESENT NOT
MORE THAN TWO (2) COMPANIES.

TENDER DOCUMENTS
5. Tender Documents

5.1 The Tender documents comprise the documents listed here below and should be read
together with any Addenda issued in accordance with Clause 7 of these instructions to
tenderers.

a. Form of Invitation for Tenders

b. Instructions to Tenderers
c. Form of Tender
d. Appendix to Form of Tender
e. Form of Tender Surety
f. Statement of Foreign Currency Requirements
g. Form of Performance Security
h. Form of Agreement
i. Form of Advance payment Bank Guarantee
j. Schedules of Supplementary Information
k. General Conditions of Contract – Part I
l. Conditions of Particular Application – Part II
m. Specifications
n. Bills of Quantities
o. Drawings
p. Declaration Form

5.2 The tenderer is expected to examine carefully all instructions, conditions, forms, terms,
specifications and drawings in the tender documents. Failure to comply with the
requirements for tender submission will be at the tenderer’s own risk. Pursuant to clause
22 of Instructions to Tenderers, tenders which are not substantially responsive to the
requirements of the tender documents will be rejected.

5.3 All recipients of the documents for the proposed Contract for the purpose of submitting a
tender (whether they submit a tender or not) shall treat the details of the documents as
“private and confidential”.

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6. Clarification of Tenders

6.1 A tenderer making inquiries relating to the tender documents may notify the Employer in
writing or by telex, cable or facsimile at the Employer’s mailing address indicated in the
Invitation to Tender. The Employer will respond in writing to any request for clarification,
which he receives earlier than 7 days prior to the deadline for the submission of tenders.
Written copies of the Employer’s response (including the query but without identifying the
source of the inquiry) will be sent to all prospective tenderers who have purchased the
tender documents.
6.2 Clarification of tenders shall be requested by the tenderer to be received by the procuring
entity not later than 7 days prior to the deadline for submission of tenders.
6.3 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days
of receiving the request to enable the tenderer to make timely submission of its tender.

7. Amendment of Tender Documents

7.1 At any time prior to the deadline for submission of tenders the Employer may, for any
reason, whether at his own initiative or in response to a clarification requested by a
prospective tenderer, modify the tender documents by issuing Addenda.

7.2 Any Addendum will be notified in writing or by cable, telex or facsimile to all prospective
tenderers who have purchased the tender documents and will be binding upon them.

7.3 In order to allow prospective tenderers reasonable time in which to take the Addendum
into account in preparing their tenders, the Employer may, at his discretion, extend the
deadline for the submission of tenders.

PREPARATION OF TENDERS

8. Language of Tender

8.1 The tender and all correspondence and documents relating to the tender exchanged
between the tenderer and the Employer shall be written in the English language.
Supporting documents and printed literature furnished by the tenderer with the tender may
be in another language provided they are accompanied by an appropriate translation of
pertinent passages in the above stated language. For the purpose of interpretation of the
tender, the English language shall prevail.

9. Documents Comprising the Tender

9.1 The tender to be prepared by the tenderer shall comprise:

a) The form of tender and appendix thereto.
b) A tender security

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 c) The priced Bill of Quantity and Schedule for each of the Lots quoted for.
d) The information on eligibility and qualification.
e) Tenderers are encouraged to submit only one Volume of the Tender even if they
quote for more than One Lot.
f) Any other materials required to be completed and submitted in accordance with the
instructions to tenderers.

9.2 The Forms, Bills of Quantities and Schedules provided in the tender documents shall be
used without exception (subject to extensions of the schedules in the same format and to
the provisions of clause 13.2 regarding the alternative forms of Tender Surety).

10. Tender Prices

10.1 All the insertions made by the tenderer shall be made in INK and the tenderer shall clearly
form the figures. The relevant space in the Form of Tender and Bills of Quantities shall
be completed accordingly without interlineations or erasures except those necessary to
correct errors made by the tenderer in which case the erasures and interlineations shall be
initialed by the person or persons signing the tender.

10.2 A price or rate shall be inserted by the tenderer for every item in the Bills of Quantities
whether the quantities are stated or not items against which no rate or price is entered by
the tenderer will not be paid for by the Employer when executed and shall be deemed
covered by the rates for other items and prices in the Bills of Quantities.

10.3 The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] value of
the work described under the items, including all costs and expenses which may be
necessary and all general risks, liabilities and obligations set forth or implied in the
documents on which the tender is based. All duties and taxes and other levies payable by
the Contractor under the Contract or for any other cause prior to the deadline for the
submission of tenders, shall be included in the rates and prices and the total tender prices
submitted by the Tenderer.

10.4 Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for
completing the activity or activities described under that particular item and the tenderer
is advised against inserting a price or rate against any item contrary to this instruction.

10.5 Every rate entered in the Bills of Quantities, whether or not such rate be associated with a
quantity, shall form part of the Contract. The Employer shall have the right to call for any
item of work contained in the Bills of Quantities, and such items of work to be paid for at
the rate entered by the tenderer and it is the intention of the Employer to take full advantage
of unbalanced low rates.
10.6 Unless otherwise specified the tenderer must enter the amounts representing 10% of the
sub-total of the summary of the Bills of Quantities for Contingencies and Variation of

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 Prices [V.O.P.] payments in the summary sheet and add them to the sub-total to arrive at
the tender amount.

10.7 The tenderer shall furnish with his tender written confirmation from his suppliers or
manufacturers of unit rates for the supply of items listed in the Conditions of Contract
clause 47 where appropriate.

11. Currencies of Tender and Payment

11.1 Tenders shall be priced in Kenya Shillings or any other convertible currency.

11.2 Tenderers are required to indicate in the Statement of Foreign Currency Requirements,
which forms part of the tender, the foreign currency required by them. Such currency
should generally be the currency of the country of the tenderer’s main office. However, if
a substantial portion of the tenderer’s expenditure under the Contract is expected to be in
countries other than his country of origin, then he may state a corresponding portion of the
contract price in the currency of those other countries. However, the foreign currency
element is to be limited to two (2) different currencies and a maximum of 30% (thirty
percent) of the Contract Price.
11.3 The rate or rates of exchange used for pricing the tender shall be selling rate or rates of the
Central Bank of Kenya ruling on the date of closing of tenders.
11.4 Tenderers must enclose with their tenders, a brief justification of the foreign currency
requirements stated in their tenders.

Tender Validity

12.1 The tender shall remain valid and open for acceptance for a period of one hundred and
twenty (120) days from the specified date of tender opening or from the extended date of
tender opening (in accordance with clause 7.3 here above) whichever is the later.

12.2 In exceptional circumstances prior to expiry of the original tender validity period, the
Employer may request the tenderer for a specified extension of the period of validity. The
request and the responses thereto shall be made in writing or by cable, telex or facsimile.
A tenderer may refuse the request without forfeiting his Tender Surety. A tenderer
agreeing to the request will not be required nor permitted to modify his tender, but will be
required to extend the validity of his Tender Surety correspondingly.

12. Tender Security

13.1 The tenderer shall furnish as part of his tender, a Tender Security in the amount and form
stated in the Appendix to Instructions to Tenderers.

13.2 The tender security shall be 2 percent (2%) of the tender price.

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 13.3 The tender security shall be valid for at least one hundred and fifty (150) days after tender
closing date.

13.4 The format of the Surety shall be in accordance with the sample form of Tender Surety
included in these tender documents; other formats may be permitted subject to the prior
approval of the Employer. The Tender Surety shall be valid for thirty (30) days beyond
the tender validity period.
13.5 Any tender not accompanied by an acceptable Tender Surety will be rejected by the
Employer as non-responsive.
13.6 The Tender Sureties of unsuccessful tenderers will be returned as promptly as possible,
but not later than fourteen (14) days after concluding the Contract execution and after a
Performance Security has been furnished by the successful tenderer. The Tender Surety of
the successful tenderer will be returned upon the tenderer executing the Contract and
furnishing the required Performance Security.
13.7 The Tender Surety may be forfeited:
(a) if a tenderer withdraws his tender during the period of tender validity: or
(b) in the case of a successful tenderer, if he fails
(i) to sign the Agreement, or
(ii) to furnish the necessary Performance Security
(c) If a tenderer does not accept the correction of his tender price pursuant to
clause 23.

13. No Alternative Offers

14.1 The tenderer shall submit an offer which complies fully with the requirements of the tender
documents unless otherwise provided for in the appendix.
14.2 A tender/firm may submit a tender on its own or as a joint venture or both. Where a tender
submits a tender by himself and at the same time partners with other tenderers as a Joint
Venture Partner, he shall not be the Main Partner in the joint venture. No Tenderer shall
participate or cause his documents to be used in more than one JV.
14.3 The tenderer shall not attach any conditions of his own to his tender. The tender price must
be based on the tender documents. The tenderer is not required to present alternative
construction options and he shall use without exception, the Bills of Quantities as provided,
with the amendments as notified in tender notices, if any, for the calculation of his tender
price.
14.4 Any tenderer who fails to comply with this clause will be disqualified.
14. Pre-Tender Meeting

15.1 If a pre tender meeting is convened the tenderer’s designated representative is invited to
attend a pre-tender meeting, which if convened, will take place at the venue and time stated
in the Invitation to Tender. The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.

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 15.2 The tenderer is requested as far as possible to submit any questions in writing or by cable,
to reach the Employer not later than seven days before the meeting. It may not be
practicable at the meeting to answer questions received late, but questions and responses
will be transmitted in accordance with the following:

(a) Minutes of the meeting, including the text of the questions raised and the
responses given together with any responses prepared after the meeting will
be transmitted without delay to all purchasers of the tender documents. Any
modification of the tender documents listed in Clause 9 which may become
necessary as a result of the pre-tender meeting shall be made by the Employer
exclusively through the issue of a tender notice pursuant to Clause 7 and not
through the minutes of the pre-tender meeting.
(b) Non-attendance at the pre-tender meeting will not be cause for
disqualification of a bidder.
This is not applicable for this tender

15. Format and Signing of Tenders

15.1 The Bidder shall prepare one original of the documents comprising the Bid as described
in ITT
15.2 Bidders shall mark as “CONFIDENTIAL” information in their Bids which is confidential
to their business. This may include proprietary information, trade secrets, or commercial
or financially sensitive information.
15.3 The bid documents shall be signed by a person duly authorized to sign on behalf of the
Bidder. This authorization shall consist of a written confirmation notarized by a
Commissioner of Oath which shall be attached to the Bid. The name and position held
by each person signing the authorization must be typed or printed below the signature.
All pages of the Bid where entries or amendments have been made shall be signed or
initialed by the person signing the Bid.
15.4. In case the Bidder is a JV, the Bid 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 representatives.
15.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or
initialed by the person signing the Bid.
15.6. The signed bid documents shall be scanned and uploaded to the collaboration folder in
the response on Rural Electrification and Renewable Energy Corporation’s e-
Procurement System.
15.7. The Original bid security shall be submitted to the Authority on or before the date of
tender opening specified in the ITT.

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 SUBMISSION OF TENDERS

16. Creation and submission of bids

17.1. The Bidder shall process and submit its Bid via the Authority’s e-Procurement system as
follows:
(a) Login to REREC portal via url https://suppliers.rea.co.ke:44300/irj/portal
N/B: It is assumed that you have already completed the registration process and
that your registration has been approved by REREC and you have created an
employee user account to transact with REREC via url
https://suppliers.rea.co.ke:44200/supportal(bD1lbiZjPTUwMCZkPW1pbg==)/bsp
wdapplication.do#VIEW_ANCHOR-ROS_TOP

For the purpose of bidding, each firm must ensure the following
 Each company must have two user accounts; Admin Account and Employee Account.
Ensure that the following roles are NOT ASSIGNED to the employee; Employee
Administrator and Supplier Master Data manager.
 Ensure that the admin account and employee account does not share same email address
 Ensure that the Employee user name is between 4 and 12 characters.
 For the purpose of this tender bidding, the employee account shall be used to submit
your RFX responses.

(b) Choose RFx and Auction link in the navigation pane

(c) Click on the RFx number to open it
(d) Click Register and then Click Participate
(e) Click Create response; You will get a unique number for your response for the RFx
(f) Navigate to the Notes and Attachments tab and click on Collaboration link at the
bottom of the screen (the link will be in the format “RFX Response No: Company
Name”. If under your notes and attachment no link is formed in the collaboration
room, you are advised to delete the response and create a new one until the link is
formed, in this link all the documents of the tender shall be uploaded.

NB: All supplier bid documents/Responses shall be uploaded to the

COLLABORATION ROOM in the link with “RFX Response Number: Company
Name” .Bidders shall not attach their documents at any other Tab of the Portal.
Attachments placed elsewhere in the portal shall be declared non-responsive and
the attachments shall not be evaluated.
You are to login to the collaboration link and upload all the required documents
(g) Enter bid price in the item tab and fill in all required information for the response.
This price shall be read out price during the opening.

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 (h) No value shall be entered under the RFX information “Target Value for RFX”
(i) Check for errors by clicking the Check button
(j) Click on Save to review later or Submit to send the response to REREC

17.2 The tender shall be typed or written in indelible ink. They shall be signed by the Tenderer
or a person or persons duly authorized to bind the Tenderer to the contract.
17.3 The authorization shall be indicated by a written Power of Attorney granted by the
Tenderer to the authorized person before any of the following persons:-
a) For local Tenderers, a Commissioner of Oaths or a Notary Public or a Magistrate of
the Kenyan Judiciary.
b) For foreign Tenderers, a Notary Public in the country of the Tenderer.
In either case above, the Power of Attorney shall accompany the Tender.
17.4 All pages of the Tender, including un-amended printed literature, shall be initialed by
the person or persons signing the Tender and serially numbered.
17.5 The Tender shall have no interlineations, erasures, or overwriting except as necessary to
correct errors made by the Tenderer, in which case such corrections shall be initialed by
the person or persons signing the Tender.
17.6 REREC will assume no responsibility whatsoever for the Tenderer’s failure to comply
with or observe the entire contents of this paragraph 17.
17.7 Any Tender not prepared and signed in accordance with this paragraph may be rejected
by REREC’s as non-responsive.

18. Modification, Withdrawal and deadline for submission of Tenders

18.1 Modification: A bidder may before tender closing edit their RFX response by clicking
edit and resubmitting after editing the response.
18.2 Withdrawal: A Bidder may withdraw a Bid after it has been submitted by clicking
withdraw if they are no longer interested in participating in the tender. A withdrawn bid
shall not be evaluated
18.3 Deadline for Submission of Tenders: Tenders must be submitted online on or before the
time specified in the Invitation to Tender.
REREC may, at its discretion, extend this deadline for submission of Tenders by
amending the tender documents in accordance with paragraph 3.7, in which case all
rights and obligations of REREC’s and the Tenderer previously subject to the initial
deadline, will therefore be subject to the deadline as extended.

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TENDER OPENING AND EVALUATION

17. Tender Opening

20.1 The Employer will open the tenders electronically in the presence of the tenderers’
representatives who choose to attend at the time and location indicated in the Letter of
Invitation to Tender. The tenderers’ representatives who are present shall sign a register
evidencing their attendance.
20.2 Tenders for which an acceptable notice of withdrawal has been submitted, pursuant to
clause 19, will not be opened. The Employer will examine the tenders to determine
whether they are complete, whether the requisite Tender Sureties have been furnished,
whether the documents have been properly signed and whether the tenders are generally
in order.
20.3 At the tender opening, the Employer will announce the tenderer’s names, total tender price,
and tender withdrawals, if any, the presence of the requisite Tender Surety and such other
details as the Employer, at his discretion, may consider appropriate. No tender shall be
rejected at the tender opening.
20.4 The Employer shall prepare a tender opening register and minutes of the tender opening
including the information disclosed to those present.
20.5 Tenders not opened and read out a tender opening shall not be considered further for
evaluation, irrespective of the circumstances.

21. Process to be Confidential

21.2After the public opening of tenders, information relating to the examination, clarification,
evaluation and comparisons of tenders and recommendations concerning the award of
Contract shall not be disclosed to tenderers or other persons not officially concerned with
such process until the award of Contract is announced.
21.3 Any effort by a tenderer to influence the Employer in the process of examination,
evaluation and comparison of tenders and decisions concerning award of Contract may
result in the rejection of the tenderer’s tender.

22. Clarification Tenders

22.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask
tenderers individually for clarification of their tenders, including breakdown of unit prices.
The request for clarification and the response shall be in writing or by cable, facsimile or
telex, but no change in the price or substance of the tender shall be sought, offered or
permitted except as required to confirm the correction of arithmetical errors discovered by
the employer during the evaluation of the tenders in accordance with clause 24.
22.2 No Tenderer shall contact the Employer on any matter relating to his tender from the time
of the tender opening to the time the Contract is awarded. If the tenderer wishes to bring
additional information to the notice of the Employer, he shall do so in writing.

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23. Determination of Responsiveness

23.1 Prior to the detailed evaluation of tenders, the Employer will determine whether each
tender is substantially responsive to the requirements of the tender documents.
23.2 For the purpose of this clause, a substantially responsive tender is one which conforms to
all the terms, conditions and specifications of the tender documents without material
deviation or reservation. A material deviation or reservation is one which affects in any
substantial way the scope, quality, completion timing or administration of the Works to be
undertaken by the tenderer under the Contract, or which limits in any substantial way,
inconsistent with the tender documents, the Employer’s rights or the tenderers obligations
under the Contract and the rectification of which would affect unfairly the competitive
position of other tenderers who have presented substantially responsive tenders.
23.3 Each price or unit rate inserted in the Bills of Quantities shall be a realistic estimate of the
cost of completing the works described under the particular item including allowance for
overheads, profits and the like. Should a tender be seriously unbalanced in relation to the
Employer’s estimate of the works to be performed under any item or groups of items, the
tender shall be deemed not responsive.
23.4 A tender determined to be not substantially responsive will be rejected by the Employer
and may not subsequently be made responsive by the tenderer by correction of the non-
conforming deviation or reservation.

24. Correction of Errors

24.1 There shall be no correction of prices. Bid prices shall be the ones read out during opening and
unless specified in the ITT shall be assumed to include all requisite taxes and levies.
However
(a) Where there is a discrepancy between the amount in bill of quantities and the
amount in item tab in SRM the amount in Item tab in SRM will govern.

24.2 The tender sum as submitted and read out during the tender opening shall be absolute
and final and shall not be the subject of correction, adjustment or amendment in any way
by any person or entity.

25. Conversion to Single Currency

25.1 For comparison of tenders, the tender price shall first be broken down into the respective
amounts payable in various currencies by using the selling rate or rates of the Central Bank
of Kenya ruling on the date on the date of tender closing.
25.2 The Employer will convert the amounts in various currencies in which the tender is payable
(excluding provisional sums but including Dayworks where priced competitively) to
Kenya Shillings at the selling rates stated in clause 25.1.

26. Evaluation and Comparison of Tenders

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 26.1 The Employer will evaluate and compare only tenders determined to be substantially
responsive to the requirements of the tender documents in accordance with clause 23.
26.2 Price adjustment provisions in the Conditions of Contract applied over the period of
execution of the Contract shall not be taken into account in tender evaluation.
26.3 If the lowest evaluated tender is seriously unbalanced or front loaded in relation to the
Employer’s estimate of the items of work to be performed under the Contract, the
Employer may require the tenderer to produce detailed price analyses for any or all items
of the Bills of Quantities, to demonstrate the relationship between those prices, proposed
construction methods and schedules.
26.4 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share
capital shall be allowed a 15% preferential bias provided that they do not sub-contract
work valued at more than 50% of the Contract Price excluding Provisional Sums to a non-
indigenous sub-contractor.
26.5 The tender evaluation committee shall evaluate the tender within 30 days of the validity
period from the date of opening the tender.
26.6 Persons not officially involved in the evaluation of tender shall not attempt in any way to
influence the evaluation.

AWARD OF CONTRACT
27. Award criteria
27.1 Subject to clause 27.2, the Employer will award the Contract to the tenderer whose tender
is determined to be substantially responsive to the tender documents and who has offered
the lowest evaluated tender price subject to possessing the capability and resources to
effectively carry out the Contract Works.
27.2 The Employer reserves the right to accept or reject any tender, and to annul the tendering
process and reject all tenders, at any time prior to award of Contract, without thereby
incurring any liability to the affected tenderers or any obligation to inform the affected
tenderers of the grounds for the Employer’s action.
27.3 The Employer reserves the right at the time of contract award to increase or decrease the
number of projects originally specified in the schedule of projects without any change in
unit price or other terms and conditions.

28. Notification of Award and signing of contract

28.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the
Employer will notify the successful tenderer by cable, telefax or telex and confirmed in
writing by registered letter that his tender has been accepted. This letter (hereinafter and
in all Contract documents called “Letter of Acceptance”) shall name the sum (hereinafter
and in all Contract documents called “the Contract Price”) which the Employer will pay to
the Contractor in consideration of the execution and completion of the Works as prescribed
by the Contract.

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 28.2 Upon the furnishing of a Performance Security by the successful tenderer, the unsuccessful
tenderers will promptly be notified that their tenders have been unsuccessful.
28.3 At the same time the employer notifies the successful tenderer that his tender has been
accepted, the employer shall notify the other tenderers that their tenders have been
unsuccessful.
28.4 Within fourteen [14] days of receipt of the form of Contract Agreement from the Employer,
the successful tenderer shall sign the form and return it to the Employer together with the
required Performance Security.
28.5 The parties to the contract shall have it signed within 30 days from the date of notification
of contract award unless there is an administrative review request.
28.6 A tenderer who gives false information in the tender document about is qualification or
who refuses to enter into a contract after notification of contract award shall be considered
for debarment from participating in future public procurement.

29. Performance Guarantee

29.1 Within twenty eight [28] days of receipt of the notification of award from the Employer,
the successful tenderer shall furnish the Employer with a Performance Security in an
amount stated in the Appendix to Instructions to Tenderers.
29.2 The Performance Security to be provided by the successful tenderer shall be an
unconditional Bank Guarantee issued at the tenderer’s option by an established and a
reputable Bank approved by the Employer and located in the Republic of Kenya and shall
be divided into two elements namely, a performance security payable in foreign currencies
(based upon the exchange rates determined in accordance with clause 35.4 of the
Conditions of Contract) and a performance security payable in Kenya Shillings. The value
of the two securities shall be in the same proportions of foreign and local currencies as
requested in the form of foreign currency requirements.
29.3 Failure of the successful tenderer to lodge the required Performance Security shall
constitute a breach of Contract and sufficient grounds for the annulment of the award and
forfeiture of the Tender Security and any other remedy under the Contract the Employer
may award the Contract to the next ranked tenderer.

30. Advance Payment

30.1 There shall be no advance payment for this tender.

31. Corrupt and fraudulent practices

31.1 The procuring entity requires that tenderers observe the highest standard of ethics during
the procurement process and execution of contract. A tenderer shall sign a declaration that
he has not and will not be involved in corrupt or fraudulent practices.

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 SECTION III: APPENDIX TO INSTRUCTIONS TO TENDERERS
The following appendix to instructions to tenders shall complement or amend the provisions of the
instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the
instructions to tenderers and the appendix, the provisions of the appendix herein shall prevail over
those of the instructions to tenderers:

ITT Reference Clause Particulars of Appendix

2.1. Eligibility This invitation to tender is open to all eligible tenderers as specified
in the advertisement
2.3(a) Qualifications of the The tenderer shall provide the following
Company.  Details of experience and past performance of the tenderer
on the works of a similar nature within the past five years
and details of current work on hand and other contractual
commitments.
 Works of a similar nature for this purpose shall refer to
supply, testing and commissioning of at least One (1) solar
photovoltaic hybrid works systems for feeding power to an
external mini-grid network.
 The tenderer to attach signed completion certificates from the
owner of the works undertaken. A contact telephone of the
signatory of the completion certificate shall also be provided to
enable the employer authenticate any document attached.
2.3(a) Qualifications of the The tenderer to attach C.V.s and academic certificates to support the CVs
Staff. of the following personnel:

i) At least one (1) Supervisor who must possess a

Degree/Diploma in Electrical, Mechanical/ Renewable
Energy or equivalent and the following minimum years of
experience:
 Degree holder - 3 years experience with 2 verifiable years
in solar PV installation
 Diploma holder - 5 years experience with 3 verifiable
years solar PV installation.
ii) At least two(2) Technicians who must possess a
Degree/Diploma/Artisan in Electrical or Mechanical or
equivalent with the following minimum years of
experience:
 Degree holder - 3 years experience with 1 verifiable year
in solar PV installation
 Diploma holder – 4 year’s experience with 2 verifiable
years in solar PV installations.
 Certificate/craftsman – 5 years’ experience with 4
verifiable years in solar PV installations

iii) The Supervisors must have a license as solar photovoltaic

technicians Category T3 from the Energy & Petroleum

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 Regulatory Authority while one technicians must have a
minimum of Category T2 solar license.
 No Technician shall appear in more than one(1) bid. The
bidder shall attach a signed letter of commitment from the
technicians indicating that there is no association with any
other bidder. Bidders with the same technicians will be
disqualified.
2.3(c) Equipment Major items of construction plant and equipment proposed for use
in carrying out the Contract. Only reliable plant in good working
order and suitable for the work required of it shall be shown on this
schedule. The tenderer will also indicate on this schedule when
each item will be available on the Works. Included also should be
a schedule of plant, equipment and material to be imported for the
purpose of the Contract, giving details of make, type, origin.
2.3(g) Manufacturers The following manufacturers documents are mandatory and must be
Authorization and provided together with the bid:
Capacity of the a) In the case of a Tenderer offering to supply goods under the
Manufacturer. contract which the Tenderer did not manufacture or
otherwise produce, the Tenderer has been duly authorized
by the goods’ manufacturer or producer to supply the
goods. The authorization shall strictly be in the form and
content as prescribed in the Manufacturer’s Authorization
Form in the Tender Document. The Procuring Entity will
confirm with the various manufacturers the authenticity of
the Authorizations submitted.
b) The following shall be submitted as well: Catalogues,
drawings and brochures containing technical information
will be from the manufacturer of the equipment; Solar
Photovoltaic modules, PV grid tied inverter, battery
inverter charger, storage batteries, diesel generator and data
monitoring system. The technical data and information in
the catalogues, drawing and brochures SHALL be used for
the technical compliance of the equipment/products to be
supplied as per the specifications given section IV – Table
of specifications of each equipment.
c) Valid and applicable KEBS Standardization Mark
certificate for items manufactured in Kenya or their
equivalent (ISO-9001/2015) from outside the Country. The
items are: Solar Photovoltaic modules, PV grid tied
inverter, battery inverter charger, storage batteries, diesel
generator and data monitoring system
d) Type Test Certificates and their Reports or Test Certificates
and their Reports from the designated bodies for full
compliance with Tender Specifications. The
certificates/reports SHALL NOT be more than three (3)
years old from the tender closing date. The certificates and
reports are for transformer and substation equipment.

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2.3(j) Legal Capacity to Besides any other documents as requested in this bidding document
enter into Contract. to demonstrate legal capacity, the following documents are
mandatory and must be submitted.
a) E-PIN Certificate with both Vat & Income Tax obligations
b) Valid Tax Compliance Certificate
c) Certified CR12 form from Registrar of Companies
2.3(i). Technical Capacity a) The tenderer SHALL attach a copy of the License of
of the Company Registration as a Solar Photovoltaic Contractor from
EPRA, Class C1 or Class V1.
b) NCA Registration: Confirmation of the firm being
registered with NCA in Solar Photovoltaic.
c) The tender or his sub-contractor shall be registered with the
National Construction Authority Class “4” and above for
the civil works
2.4(b) . Joint Venture One of the partners shall be nominated as being in charge; and this
Partners authorization shall be evidenced by submitting a power of attorney
signed by legally authorized signatories of all the partners.
The nominated lead/in charge partner shall comply with EPRA
licensing requirements both for the firm and key personnel. Local
companies can joint venture with foreign companies to enhance
their qualifications and vice versa.
4. Site Visit The Employer shall organize a pre-tender site visit which will take
place on13th May 2020 at Buna town Wajir County starting from
9:00AM. A representative of the Employer will be available to
meet the intending tenderers at the Site on the indicated date. The
contractor representative attending the pre-tender site visit should
have an introduction letter on the biding company letter head and
a national ID and should have a Technical background.
13. Tender Security Amount of Tender Security is two (2) percent of the Total Price
for the Lot with the Highest Price. Bidders shall submit a bid
security for one lot Only.
14.2. Offers by One A tenderer may submit a bid either on his own, as a joint venture
Tenderer or both. However, a tender shall not be a member of more than
one Joint Venture. Where a Tenderer submits in more than one JV
and such a bid is considered as the lowest evaluated, he shall only
be awarded in one lot and no other lots shall be awarded to any
other entity’s where he appears as a JV Partner.
For Purposes of Management Volumes of documents, Bidders
who quote for more than one lot shall not submit separate
documents per lot but will instead submit only one tender
document containing all the lots quoted for.
16.1. Set of Documents A set of documents means both Technical and Financial Proposal.
This should be submitted in one Volume regardless of the Lots
being quoted for. For Clarity a set means Original or Copy.
17. Sealing and Marking For Purposes of addressing the Tender documents, the following
of Documents. information shall apply;

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 The name and address of the Employer for the purposes of bid
bond submission of tenders is
Rural Electrification and Renewable Energy Corporation,
Kawi House – South C,
P.O. Box 34585, 00100 Nairobi

The name of the proposed Works and where available the

Contract Number is
Design, Supply, Installation, Testing and Commissioning of
280 kW Solar PV-Diesel Hybrid Plant at BunaTrading
Center, Wajir County RFx No. 1000000429
26. Evaluation of All tenders must company to all the conditions stated in the
Tenders. Appendix, In the Technical Requirements and to the Provisions of
Section V of the Tender Documents. All this will form the
Evaluation Criteria for the Tender.
27. Award Criteria The award shall be made to the technically responsive lowest
responsive bidder.
29. Performance The amount of Performance Security is 10% of the contract price.
Guarantee

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 SECTION IV : CONDITIONS OF CONTRACT (Including erection on site)

ANNEX I
GENERAL CONDITIONS OF CONTRACT
PREAMBLE TO GENERAL CONDITIONS
The General Conditions of Contract (GCC) shall be modified and supplemented by the Special Conditions
of the Contract (SCC), Annex II herein. Where there is conflict between the GCC and SCC, the Provisions
of the SCC shall prevail over these in the GCC.

Definitions and interpretations

Definitions 1.1 In the Contract (as hereinafter defined) the following words and
expressions shall have the meanings hereby assigned to them:
1.1.1 “Commencement Date” means whichever is the latest of:
i) The date specified in the SCC as the date for commencement of the
Works or the date when the Contractor receives:
ii) Such payment in advance of the commencement of the Works as
may be specified in the terms of payment, or
iii) Notice of the issue of any import license necessary for commencing
performance of the Contract, or
iv) Notice that any legal requirements necessary for the Contract to enter
into force have been fulfilled, or
v) Notice that any necessary financial or administrative requirements
specified in SCC as conditions precedent to commencement have
been fulfilled.
1.1.2 “Conditions” means the SCC to and these Conditions of Contract, Parts
I and II.
1.1.3 “Contract” means the agreement between the Employer and the
Contractor for the execution of the Works incorporating the Conditions,
Specification, Employer’s Drawings and Contractor’s Drawings, priced
and completed Schedules, Tender, Letter of Acceptance and such
further documents as may be expressly incorporated by the Letter of
Acceptance.
1.1.4 “Contract Agreement” means the document recording the terms of the
Contract between the Employer and the Contractor.
1.1.5 “Contract Price” means the sum stated in the Letter of Acceptance as
payable to the Contractor for the execution of the Works.
1.1.6 “Contractor” means the person whose tender has been accepted
Employer and the legal successors in title to the Contractor but not
(except with the consent of the Employer) any assignee of the
Contractor.
1.1.7 “Contractor’s Drawing” means all drawings, samples, patterns, model
and operation and maintenance manuals to be submitted by the
Contractor in accordance with Clause 6.
1.1.8 “Contractor’s Equipment” means all appliances or things of
whatsoever nature required for the purposes of the Works but does not
include Plant.
1.1.9 “Contractor’s Risks” means the risks defined in Sub-Clause 37.3
1.1.10 “Defect Liability Certificate” means the certificate to be issued by the
Engineer to the Contractor in accordance with Sub-Clause 30.11

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1.1.11 “Defects Liability Period” means one year or the period stated in SCC
following taking over, during which the Contractor is responsible for
making good defects and damage in accordance with Clause 30.
1.1.12 “Employer” means the person named as such in the SCC and the legal
successors in title to the Employer but not (except with the consent of
the Contractor) any assignee of the Employer.
1.1.13 “Employer’s Drawings” means all the drawings and information
provided by the Employer or the Engineer to the Contractor under the
Contract.
1.1.14 “Employer’s Risks” means those risks defined in Sub-Clause 37.2
1.1.15 “Engineer” means the person appointed by the Employer to act as
Engineer for the purposes of the Contract and designated as such in the
SCC.
1.1.16 “Engineer’s Representative” means any representative of the
Engineer appointed from time to time by the Engineer under Sub-Clause
2.2
1.1.17 “Final Certificate of Payment” means the certificate to be issued by
the Engineer to the Employer in accordance with Sub-Clause 33.10.
1.1.18 “Force Majeure” has the meaning assigned to it under Sub-Clause
44.1.
1.1.19 “Foreign Currency” means a currency other than that in which Plant
is to be installed.
1.1.20 “Gross Misconduct” means any act or omission of the Contractor in
violation of the most elementary rules of diligence, which a
conscientious contractor in the same position and under the same
circumstances would have followed.
1.1.21 “Letter of Acceptance” means the formal acceptance by the Employer
of the Tender incorporating and adjustments or variations to the Tender
agreed between the Employer and the Contractor.
1.1.22 “Performance Security” means the security to be provided by the
Contractor in accordance with Sub-Clause 10.1. for the due
performance of the Contract..
1.1.23 “Plant” means machinery, apparatus, materials and all things to be
provided under the Contract for incorporation in the Works.
1.1.24 “Programme” means the Programme to be submitted by the Contractor
in accordance with Sub-Clause 12.1 and any approved revisions thereto.
1.1.25 “Provisional Sum” means a sum, described as such for the execution
of work or for the supply of goods or services, to be used in accordance
with Sub-Clause 36.1
1.1.26 “Risk Transfer Date” means the date when the risk of loss of or
damage to the Works passes from the Contractor to the Employer in
accordance with Sub-Clause 39.1
1.1.27 “Schedules of Prices” means the completed and priced Schedule of
Prices, or any part or individual schedule thereof, submitted by the
Contractor with his Tender and forming a part of the Contract
documents.
1.1.28 “Section” means a part of the Works specifically identified as such in
the Contract.
1.1.29 “Site” means the place or places, provided or made available by the
Employer where work is to be done by the Contractor or to which Plant
is to be delivered, together with so much of the area surrounding the
same as the Contractor shall with the consent of the Employer use in
connection with the Works otherwise than merely for the purpose of
access.

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 1.1.30 “Specification” means the specification of the Works included in the
Contract and any modification thereof made under Clause 31.
1.1.31 “Subcontractor” means any person (other than the Contractor) named
in the Contract for any part of the Works, or any person to whom any
part of the Contract has been subcontracted with the consent of the
Engineer, and the Subcontractor’s legal successors in title but not any
assignee of the Subcontractor.
1.1.32 “Taking-Over Certificate” means the certificate to be given by the
Engineer to the Contractor in accordance with Clause 29.
1.1.33 “Tender” means the Contractor’s priced offer to the Employer for the
execution of the Works.
1.1.34 “Tests on Completion” means the tests specified in the Contract or
otherwise agreed by the Engineer and the Contractor to be performed
before the Works are taken over by the Employer.
1.1.35 “Time for Completion” means the time stated in the SCC for
completing the Works or any Section thereof and passing the Test on
Completion calculated from the Commencement Date unless extended
in accordance with Clause 26.
1.1.36 “Variation Order” means any written order, identified as such, issued
to the Contractor by the Engineer under Sub-Clause 31.1
1.1.37 “Works” means all Plant to be provided and work to be done by the
Contractor under the Contract.

Headings and 1.2 The headings and titles in these Conditions shall not be deemed part
Titles thereof or be taken into consideration in the interpretation or
construction of the Contract.

Interpretation 1.3 Words importing persons or parties shall include firms and corporations
and any organization having legal capacity. Words importing the
singular only also include the plural and vice versa where the context
requires.

Written 1.4 Wherever in the Contract provision is made for a communication to be

Communications “written” or “in writing” this means any hand-written, typewritten or
printed communication, including telex, cable and facsimile
transmission.

Notices, Consents 1.5 Wherever in the Contract provision is made for the giving of notice,
and Approvals consent or approval by any person, such consent or approval shall not
be unreasonably withheld. Unless otherwise specified, such notice,
consent or approval shall be in writing and the word “notify” shall be
constructed accordingly.

Costs, Overhead 1.6 Whenever by these Conditions the Contractor is entitled to be paid cost,
Charges and Profi such cost shall be properly incurred and shall include any overhead
t charges properly allocable thereto but not profit unless so stated. Any
profit entitlement shall be added to cost at the percentage stated in the
SCC.
Periods 1.7 In these Conditions “day” means calendar day and “year” means 365
days.

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 Engineer

Engineer’s Duties 2.1 The Engineer shall carry out the duties specified in the Contract. If the
Engineer is required, under the terms of his appointment by the
Employer, to obtain the specific approval of the Employer before
carrying out any of these duties, full particulars of such requirements
shall be set out in SCC. Except as expressly stated in the Contract the
Engineer shall have no authority to relieve the Contractor of any of his
obligations under the Contract.

Engineer’s 2.2 The Engineer’s Representative shall be appointed by and be responsible

Representative to the Engineer and shall only carry out such duties and exercise such
authority as may be delegated to him by the Engineer under Sub-Clause
2.3

Engineer’s Power 2.3 The Engineer may from time to time delegate to the Engineer’s
to Delegate Representative any of the duties vested in the Engineer and may at any
time revoke such delegation. Any such delegation or revocation shall be
in writing and shall not take effect until a copy thereof has been
delivered to the Contractor and the Employer. Any decision, instruction
or approval given by the Engineer’s Representative to the Contractor in
accordance with such delegation shall have the same effect as though it
had been given by the Engineer. However:
(a) Any failure of the Engineer’s Representative to disapprove any
Plant or workmanship shall not prejudice the right of the Engineer
to disapprove such Plant or workmanship and to give instructions
for the rectification thereof;
(b) If the Contractor questions any decision or instruction of the
Engineer’s Representative he may refer the matter to the Engineer
who shall confirm, reverse or vary such decision or instruction.

Engineer to Act 2.4 Wherever under the Contract the Engineer is required to exercise his
Impartially discretion by:
(a) Giving his decision, opinion or consent, or
(b) Expressing his satisfaction or approval, or
(c) Determining value, or
(d) Otherwise taking action which may affect the rights and
obligations of the Employer or the Contractor,
He shall exercise such discretion impartially within the terms of the
Contract and having regard to all the circumstances.

Engineer’s 2.5 The Contractor shall proceed with the decisions and instructions given
Decisions and by the Engineer in accordance with these Conditions.
Instructions

Confirmation in 2.6 The Contractor may require the Engineer to confirm in writing any
Writing decision or instruction of the Engineer, which is not in writing. The
Contractor shall notify the Engineer of such requirement without undue
delay. Such a decision or instruction shall not be effective until written
confirmation thereof has been received by the Contractor.

Disputing 2.7 If the Contractor disputes or questions any decision or instruction

under Clause 2.5 or a written confirmation under Clause 2.6, he shall

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 Engineer’s give notice to the Engineer within 28 days after receipt thereof, giving
Decisions and his reasons.
Instructions
The Engineer shall within a further period of 28 days by notice to the
Contractor and the Employer with reasons, confirm, reverse or vary
such decision or instruction.
If either party disagree with the action taken by the Engineer, or if the
Engineer fails to reply to the Contractor’s notice within the stipulated
28 days, and the matter cannot be settled amicably that party shall be at
liberty, subject to Sub-Clause 50.1, to refer the matter to arbitration in
accordance with the Contract.

Replacement of En 2.8 The Employer shall not appoint any person to act in replacement of the
gineer Engineer without the consent of the Contractor.

Assignment and Subcontracting

Assignment 3.1 The Contractor shall not assign the Contract or any part of his
obligations under the Contract. A charge in favor of the Contractor’s
bankers of any monies due under the Contract shall not be considered
an assignment.

Subcontracting 4.1 The Contractor shall not subcontract the whole of the Works. Except
where otherwise provided by the Contract the Contractor shall not
subcontract any part of the Works without the prior consent of the
Engineer.
The Contractor shall however, not require such consent for purchases
of materials or to place contracts for minor details or for any part of
the Works of which the manufacturer or supplier is named in the
Contract.
The Contractor shall be responsible for the acts, defaults and neglects
of any Subcontractor, his agents or employees as fully as if they were
the acts, default or neglects of the Contractor, his agents or employees.

Contract Documents

Ruling Language 5.1 Where versions of the Contract are prepared in different languages, the
version, which is to prevail, shall be specified in the SCC. The language
of such version is referred to as the ruling language.

Day to Day 5.2 Where versions of the Contract are prepared in different languages, the
Communications version, which is to prevail, shall be specified in the SCC. The language
of such version is referred to as the ruling language.

Priority of 5.3 Unless otherwise provided in the Contract the priority of the Contract
Contract documents shall be as follows:
Documents
1. The Letter of Acceptance
2. The SCC
3. The Conditions of Contract, SCC
4. The Conditions of Contract, Part I

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 5. Any other documents forming part of this Contract.

Documents 5.4 Subject to Sub-Clause 5.3. The Contract documents shall be taken as
Mutually mutually explanatory. Any ambiguities or discrepancies shall be
Explanatory resolved by the Engineer, who shall then instruct the Contractor or
thereon.
If the Contractor considers that compliance with such instructions will
result in any cost, which the Contractor could not reasonably have
anticipated, he shall forthwith inform the Engineer with full supporting
details. The Engineer shall then, if he approves, certify such costs as
may be reasonable, together with profit where appropriate, which shall
be added to the Contract Price.
If on the other hand compliance with such instructions results in lower
costs for the Contractor than he had reason to anticipate, the Engineer
shall certify a deduction from the Contract Price allowing for profit
where appropriate.

Contractor’s 6.1 The Contractor shall submit to the Engineer for approval:
Drawing
(a) Within the time given in the Contract or in the Programme such
drawings, samples, models or information as may be called for
therein, and in the numbers therein required, and
(b) During the progress of the Works, such drawings of the general
arrangement and details of the Works as specified in the Contract
or as the Engineer may require.

The Engineer shall signify his approval or disapproval thereof. If he fails

to do so within the time given in the Contract or the Programme or if no
time limit is specified, within 28 days of receipt, they shall be deemed
to be approved.
Approved drawings, samples and models shall be signed or otherwise
identified by the Engineer.
The Contractor shall supply additional copies of approved drawings in
the form and numbers stated in the Contract.

Consequences of 6.2 Any Contractor’s Drawings, which the Engineer disapproves, shall be
Disapproval of forthwith modified to meet the requirements of the Engineer and shall
Contractor’s be re-submitted.
Drawings

Approved 6.3 Approved Contractor’s Drawings shall not be departed from except as
Contractor’s provided in Clause 31.
Drawings

Inspection of 6.4 The Engineer shall have the right at all reasonable times to inspect, at
Contractor’s the Contractor’s premises, all Contractors’ Drawings of any part of the
Drawings Works.

Erection 6.5 The Contractor shall provide, within the times stated in the Contractor
Information or in the Programme, drawings showing how the Plant is to be affixed
and any other information required for:
(a) Preparing suitable foundations or other means of support,
and

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 (b) Providing suitable access on the Site for the Plant and any
necessary equipment to the place where the Plant is to be
erected, and
(c) Making necessary connections to the Plant.

Operation and 6.6 Before the Works are taken over in accordance with Clause 29 the
Maintenance Contractor shall supply operation and maintenance manuals together
Manuals with drawings of the Works as built. These shall be in such detail as
will enable the Employer to operate, maintain, adjust and repair all
parts of the Works.
Unless otherwise stated in SCC the manuals and drawings shall be in
the ruling language, and in such form and numbers as stated in the
Contract.
Unless otherwise agreed, the Works shall not be considered to be
completed for the purposes of taking over until such manuals and
drawings have been supplied to the Employer.

Employer’s Use of 6.7 Contractor’s Drawings may be used by the Employer for no other
Contractor’s purpose than completing, operating, maintaining, adjusting and
Drawings repairing the Works.

Contractor’s Use 6.8 The Employer’s Drawings, Specification and other information
Of Employer’s submitted by the Employer or the Engineer to the Contractor shall
Drawings remain the property of the Employer. They shall not, without the
consent of the Employer, be used, copied or communicated to a third
party by the Contractor unless necessary for the purpose of the Contract.

Manufacturing 6.9 Unless otherwise specified in SCC the Contractor shall not be required
Drawings to disclose to the Employer or the Engineer the Contractor’s
confidential manufacturing drawings, designs, know-how or
manufacturing practices, processes or operations.

Errors in 7.1 The Contractor shall be responsible for any errors or omissions in the
Contractor’s Contractor’s Drawings unless they are due to incorrect Employer’s
Drawings Drawings or other written information supplied by the Employer or the
Engineer. Approval by the Engineer of the Contractor’s Drawings shall
not relieve the Contractor from any responsibility under this Sub-
Clause.
The Contractor shall bear any costs he may incur as a result of delay in
providing Contractor’s Drawings and other information or as a result of
errors or omissions therein, for which the Contractor is responsible.
The Contractor shall at his own cost carry out any alternations or
remedial work necessitated by such errors or omissions for which he is
responsible and modifies the Contractor’s Drawing s and such other
information accordingly.
The performance of his obligations under this Clause shall be in full
satisfaction of the Contractor’s liability under this Clause but shall not
relieve him of his liability under Sub-Clause 27.1

Errors by 7.2 The Employer shall be responsible for the Employer’s Drawings and for
Employer or other written information supplied by the Employer or the Engineer and
Engineer for the details of special work specified by either of them. If such
Employer’s Drawings, information or details are incorrect and

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 necessitate alternations of the work, the Employer shall pay the
Contractor the cost of the alternations together with profit as certified
by the Engineer.

Obligation of the Contractor

General Obligatio 8.1 The Contractor shall, in accordance with the Contract, with due care and
ns diligence, design, manufacture, deliver to Site, erect, test and
commission the Plant and carry out the Works within the Time for
Completion. The Contractor shall also provide all necessary
Contractor’s Equipment, superintendence, labour and, except as stated
in SCC, all necessary facilities therefore.

Setting Out 8.2 The Contractor shall set out the Works in relation to original points,
lines and levels of reference given by the Engineer in writing and
provide all necessary instruments, appliances and labor for such
purposes.
If, at any time during the execution of the Works, any error appears in
the positions, levels, dimensions or alignment of the Works, the
Contractor shall rectify the error.
The Contractor shall bear the cost of rectifying the error, unless the
error results from incorrect information supplied in writing by the
Employer, the Engineer or from default by another contractor, in
which case the cost together with profit shall be borne by the
Employer.
The checking of any setting-out by the Engineer shall not relieve the
Contractor of his responsibility for the accuracy thereof.

Contract 9.1 The Contractor shall, if called upon so to do, execute a Contract
Agreement Agreement recording all the terms of the Contract, to be prepared by
and completed at the cost of the Employer in the form annexed hereto.

Performance 10.1 If SCC requires the Contractor to obtain a Performance Security, he

Security shall obtain the same in the sum required, within 28 days after the
receipt of the Letter of Acceptance. The Performance Security shall be
provided by a person and in a form approved by the Employer. The cost
of complying with requirements of this Clause shall be borne by the
Contractor.

Period of Validity 10.2 The performance Security shall be valid until the Contractor has
executed, completed and remedied defects in the Works in accordance
with the Contract. No claim shall be made against the Performance
Security after issue of the Defects Liability Certificate and the
Performance Security shall be returned to the Contractor within 14 days
of the issue of the Defects Liability Certificate.

Claim under 10.3 Whether or not the Performance Security is stated by its terms to be
Performance payable on the demand of the Employer the Employer shall not make a
Security claim under the Performance Security unless one of the following
conditions is satisfied:

(a) The Contractor is in breach of the Contract and fails to remedy

the breach within 42 days after receiving written notice from

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 the Employer requiring him so to do. The notice shall state the
intention to claim under the Performance Security, the amount
claimed and the breach relied upon, or
(b) The Employer and the Contractor have agreed in writing that
the amount demanded is payable to the Employer, and the
amount has not been paid within 42 days thereafter, or
(c) The Employer has obtained an award in arbitration under
Clause 50 and the amount awarded has not been paid within
42 days after the award, or
(d) The Contractor has gone into liquidation or his bankrupt.

In every case the Employer shall, when making the claim, send a copy
to the Contractor.

Site Data 11.1 The Tender shall be deemed to have been based on such data on
climatic, hydrological and general conditions on the Site and for the
operation of the Works as the Employer or the Engineer has made
available to the Contractor for the purposes of the Tender. The
Contractor shall be responsible for his own interpretation of such data.

Sufficiency of 11.2 The Contractor shall be deemed to have satisfied himself on and taken
Contract Price account of in his Tender:
(a) All the conditions and circumstances affecting the Contract Price.
(b) The possibility of carrying out the Works as described in the
Contract,
(c) The general circumstances at the Site (if access has been made
available to him) and
(d) The general labor position at the Site.

The Contractor shall not be responsible for the accuracy of information

given in writing by the Employer or the Engineer but shall be
responsible for his interpretation of information received from whatever
source.

Physical 11.3 If during the execution of the Works on Site the Contractor encounters
Obstruction and physical obstructions or conditions of the kind stipulated in Sub-
Conditions Clause 26.1.c) the Contractor shall be entitled to recover the additional
cost incurred in consequence.
The Engineer shall certify and there shall be added to the Contract Price
the additional cost of:

(a) Complying with any instruction which the Engineer, after due
consultation with the Employer and the Contractor, issues to the
Contractor in connection therewith, and
(b) Any necessary measures which the Contractor may take in the
absence of specific instructions from the Engineer.

Programme to be 12.1 The Contractor shall submit to the Engineer for his approval the
Furnished Programme which shall contain the following:

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 (a) The order in which the Contractor proposes to carry out the
Works (including design, manufacture, delivery to Site,
erection, testing and commissioning),
(b) The times when submission and approval of the
Contractor’s Drawings are required,
(c) The times by which the Contractor requires the Employer:
(d) To furnish any Employer’s Drawings,
(e) To provide access to the Site
(f) To have completed the necessary civil engineering work
(including foundations for the Plant) and
(g) To have obtained any import licenses, consents, way leaves
and approvals necessary for the purpose of the Works.

The Contractor shall submit the Programme in the form stated in the
SCC within 28 days after the Commencement Date.
The approval by the Engineer of the Programme shall not relieve the
Contractor or the Employer from any obligation under the Contract.

Alteration to 12.2 No material alteration to the Programme shall be made without the
Programme approval of the Engineer.

Revision of 12.3 If the progress of the Works does not conform to the Programme, the
Programme Engineer may instruct the Contractor to revise the Programme.
If such modifications are required for reasons for which the Contractor
is not responsible, the cost of preparing the revised Programme shall be
certified by the Engineer and added to the Contract Price.

Contractor’s 13.1 The Contractor shall employ one or more competent representatives to
Representative superintend the carrying out of the Works on Site. They shall be fluent
in the language for day-to-day communications. Their names shall be
communicated in writing to the Engineer before work on Site begins.
Any instruction or notice, which the Engineer gives to the Contractor’s
representatives, shall be deemed to have been given to the Contractor.

Objection to 13.2 The Contractor shall, upon the Engineer’s written instruction, remove
Contractor’s from the Works any person employed by him in the execution of the
Employee Works, who misconducts himself or is incompetent or negligent.

Contractor’s 14.1 Except to the extent specified in SCC, the Contractor shall provide all
Equipment Contractor’s Equipment necessary to complete the Works.
All Contractor’s Equipment shall, when brought on to the Site, be
deemed to be exclusively intended for the execution of the Works. The
Contractor shall not remove from the Site any such equipment, except:

(a) When it is no longer required for the completion of the Works, or

(b) When the Engineer has given his consent.

Safety Precautions 14.2 The Contractor shall observe all applicable regulations regarding
safety on the Site.
Unless otherwise agreed, the Contractor shall, from the
commencement of work on Site until taking over provide:

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 (a) Fencing, lighting, guarding and watching of the Works, and
(b) Temporary roadways, footways, guards and fences which may be
necessary for the accommodation and protection of owners and
occupiers of adjacent property, the public and others

Electricity, Water 14.3 The Contractor shall be entitled to use for the purposes of the Works
And Gas such supplies of electricity, water, gas and other services as may be
available on the Site and of which details are given in the SCC. The
Contractor shall at his own cost provide any apparatus necessary for
such use.

Employer’s 14.4 The Employer shall, if the Contractor so requests for the execution of
Equipment the Works, operate any available equipment of which details are given
in the SCC. The Contractor shall pay the Employer a fair price for
such use.
The Employer shall during such operation retain control of and be
responsible for the safe working of the equipment.

Clearance of Site 14.5 The Contractor shall from time to time during the progress of the Works
clear away and remove all surplus materials and rubbish. On completion
of the Works the Contractor shall remove all Contractor’s Equipment
and leave the whole of the Site and the Works clean and in a
workmanlike condition, to the satisfaction of the Engineer.

Opportunities for 14.6 The Contractor shall, in accordance with the Engineer’s instruction,
Other Contractors afford to other contractors engaged by the Employer to work on the Site
and persons lawfully upon the Site all reasonable opportunities for
carrying out their work provided that the same shall not obstruct or
disturb the progress of the Works. The Contractor shall also afford such
opportunities to the employees of the Employer.
If the Contractor, on the written request of the Engineer, makes
available any Contractor’s Equipment or provides any other service, the
Employer shall pay the Contractor accordingly. The amount to be paid
shall be certified by the Engineer and added to the Contract Price.

Authority for 14.7 No persons other than the employees of the Contractor and his
Access Subcontractors shall be allowed on the Site except with the consent of
the Engineer.
Facilities to inspect the Works shall at all times be afforded by the
Contractor to the Engineer and his representative, the Employer’s
representatives, authorities and officials.

Information for 14.8 The Contractor shall submit to the Employer in good time such details
Import Permits of all Plant and Contractor’s Equipment as will enable the Employer to
And Licences obtain all necessary import permits or licenses.

Compliance with 15.1 The Contractor shall, in all matters arising in the performance of the
Statutes, Contract, comply in all respects with, give all notices and pay all fees
Regulations required by the provisions of any national or state statute, ordinance or
other law or any regulation or bye-law of any duly constituted authority.

Compliance with 15.2 The Contractor shall comply with the laws of the country of
Laws manufacture concerning the manufacture of the Plant, and the laws of

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 the country where the Plant is to be erected so far as such laws concern
the manufacture, erection and operation of the Works.

Patent Rights 16.1 The Contractor shall indemnify the Employer against all claims of
infringement of any patent, registered design, copyright, trade mark or
trade name or other intellectual property right provided that all of
following conditions are satisfied:

(a) The claim or proceedings arise out of the design,

construction, manufacture or use of the Works or any Plant
supplied by the Contractor.
(b) The right was protected at the date of the Contract in the
Contractor’s country or the country in which the Plant is to
be manufactured or erected.
(c) The infringement or allegation of infringement was not
caused by any use of the Works otherwise than for the
purpose indicated by or reasonably to be inferred from the
Specification.
(d) The infringement or allegation of infringement was not
caused by the use of any Plant in association or
combination with any plant not supplied by the Contractor,
unless such association or combination was disclosed to the
Contractor prior to the date of the Tender.
(e) The infringement or allegation of infringement was not
caused by the Contractor following the design or
instructions of the Employer or the Engineer.

Claim in respect of 16.2 The Contractor shall be promptly notified of any claim under this
Patent Rights Clause made against the Employer. The Contractor may at his own
cost conduct negotiations for the settlement of such claim, and any
litigation that may arise therefrom.
The Employer shall not make any admission, which might be prejudicial
to the Contractor unless the Contractor has failed to take over the
conduct of the negotiations or litigation within a reasonable time after
having been so requested.
The Contractor may not, however, conduct such negotiations or
litigation before he has given the Employer such reasonable security as
the Employer may require. The security shall be for an amount which
is an assessment of the compensation, damages, expenses and costs for
which the Employer may become liable and which are the subject of
the indemnity under Sub-Clause 16.1.
The Employer shall, at the request of the Contractor, provide all
available assistance for the purpose of contesting any such claim or
action, and shall be repaid all reasonable costs incurred in so doing.

Employer’s 16.3 If any matter for which the Contractor is not liable to indemnify the
Warranty for Employer under Sub-Clause 16.1 causes the infringement or allegation
Patent Rights of infringement by the Contractor of any patent, registered design, trade
mark, copyright or other intellectual property right, the Employer shall
indemnify the Contractor against all claims, damages, expenses and
costs which the Contractor may incur in relation thereto. The provisions
of Sub-Clause 16.2 shall apply mutatis mutandis.

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 Obligations of the Employer

Access to 17.1 The Employer shall in reasonable time grant the Contractor access to
and Possession and possession of the Site, which may, however, not be exclusive to
Of the Site the Contractor.
The Employer shall to the extent stated in the Specification provide
means of access for the delivery of all Plant and Contractor’s Equipment
to the Site.

Assistance with 17.2 The Employer shall assist the Contractor in ascertaining the nature and
Local Regulations extent of any laws, regulations, orders or bye-laws, and customs in the
country where the Plant is to be erected, which may affect the
Contractor in the performance of his obligations under the Contract. The
Employer shall if so requested procure for the Contractor copies thereof
and information relating thereto at the Contractor’s cost.

Civil Works on 17.3 Any building, structure, foundation or means of access on the Site to be
Site provided by the Employer shall be in a condition suitable for the
reception, movement, installation and maintenance of the Works within
the time or times indicated in the Programme.

Consents and 17.4 The Employer shall in due time obtain or grant all consents including
Wayleaves permits-to-work, Wayleaves and approvals required for the Works.

Import Permits 17.5 The Employer shall obtain all import permits or licences required for
And Licences any part of the Plant or Works in reasonable time having regard to the
time for delivery of the Plant and completion of the Works.

Labour

Engagement of 18.1 The Contractor shall, unless otherwise provided in the Contract, make
Labour his own arrangements for the engagement of all labour and for their
payment, housing, feeding and transport.

Returns of Labour 18.2 The Contractor shall submit detailed returns showing the supervisory
staff and the numbers of the several classes of labour from time to time
employed by the Contractor and Subcontractors on the Site. The returns
shall be submitted in such form and at such intervals as the Engineer
may prescribe.

Working Hours 18.3 On the Site the Contractor shall observe the normal working hours
stated in the SCC. The Employer shall allow the Contractor to carry out
work on the Site continuously during such working hours.
The Engineer may after consulting the Employer and the Contractor,
direct that work shall be done at other times. The extra cost, together
with profit, shall be added to the Contract Price unless it has become
necessary for the completion of the Works within the Time for
Completion, and this is due to default of the Contractor.

Restriction on 18.4 No work shall be carried out on the Site outside normal working hours
Working Hours or on the locally recognized days of rest, unless:
(a) The Contract so provides, or

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 (b) The work is unavoidable or necessary for the saving of life
or property or for the safety of the Works, in which case the
Contractor shall immediately advise the Engineer, or
(c) The Engineer gives his consent.

Workmanship and Materials

Manner of 19.1 All Plant to be supplied shall be manufactured and all work to be done
Execution shall be executed in the manner set out in the Contract.
Where the manner of manufacture and execution is not set out in the
Contract, the work shall be executed in a proper and workmanlike
manner in accordance with recognized good practice.

Covering up Work 19.2 The Contractor shall give the Engineer full opportunity to examine,
measure and test any work on Site, which is about to be covered up or
put out of view.
The Contractor shall give due notice to the Engineer whenever such
work is ready for examination, measurement or testing.
The Engineer shall then, unless he notifies the Contractor that he
considers it unnecessary, without unreasonable delay carry out the
examination, measurement or testing.

Uncovering Work 19.3 If so instructed by the Engineer, the Contractor shall expose any parts
of the Works. The Contractor shall reinstate and make good such parts
to the Engineer’s satisfaction.
If any parts of the Works have been covered up or put out of view by
the Contractor after complying with Sub-Clause 19.2 and are found to
be in accordance with the Contract the cost incurred by the Contractor
in complying with the Engineer’s instructions including profit shall be
certified by the Engineer and added to the Contract Price.

Independent 20.1 The Employer may delegate inspection and testing of Plant to an
Inspection independent inspector. Any such delegation shall be effected in the
manner required by Sub-Clause 2.3, and for this purpose such
independent inspector shall be considered as an Engineer’s
Representative. Notice of such appointment (being not less than 14
days) shall be given by the Engineer to the Contractor.

Inspection and 20.2 The Employer shall be entitled during manufacture to inspect, examine
Testing During and test the materials and workmanship and check the progress of
Manufacture manufacture of all Plant to be supplied under the Contract. This shall
take place on the Contractor’s premises during working hours. If Plant
is being manufactured on other premises, the Contractor shall obtain
permission for the Engineer to carry out such inspection, examination
and testing on those premises.

No such inspection, examination or testing shall release the Contractor

from any obligation under the Contract.

Dates for 20.3 The Contractor shall agree with the Engineer the time and place for the
Inspection and testing of any Plant as provided in the Contract. The Engineer shall
Testing give the Contractor 24 hours notice of his intention to attend the tests.

39 | P a g e
 If the Engineer does not attend on the date agreed, the Contractor may,
unless the Engineer instructs the Contractor not to do so, proceed with
the tests, which shall be deemed to have been made in the Engineer’s
presence.
The Contractor shall forthwith forward to the Engineer duly certified
copies of the test results. If the Engineer has not attended the test, he
shall accept the validity of the test readings.

Facilities for 20.4 Where the Contract provides for tests on the premises of the Contractor
Testing or of any Sub-Contractor, the Contractor shall provide such assistance,
labour, materials, electricity, fuel, stores, apparatus and instruments as
may be necessary to carry out the tests efficiently.

Certificate of 20.5 When Plant has passed the tests referred to in this Clause, the Engineer
Testing shall furnish to the Contractor a certificate or endorse the Contractor’s
test certificate to that effect.

Rejection 21.1 If, as a result of the inspection, examination or testing referred to in

Clause 20, the Engineer decides that any Plant is defective or otherwise
not in accordance with the Contract, he may reject such Plant and shall
notify the Contractor thereof immediately. The notice shall state the
Engineer’s objections with reasons. The Engineer shall not reject any
Plant for minor defects, which do not affect the commercial operation
of such Plant.
The Contractor shall then with all speed make good the defect or
ensure that any rejected Plant complies with the Contract.
If the Engineer requires such Plant to be retested, the tests shall be
repeated under the same terms and conditions. All costs incurred by the
Employer by the repetition of the tests shall be deducted from the
Contract Price.

Permission to 22.1 The Contractor shall apply in writing to the Engineer for permission to
Deliver deliver any Plant or Contractor’s Equipment to the Site. No Plant or
Contractor’s Equipment may be delivered to the Site without the
Engineer’s written permission.
The Contractor shall be responsible for the reception on Site of the Plant
and Contractor’s Equipment.

Suspension of Works, Delivery or Erection

Order to Suspend 23.1 The Engineer may at any time instruct the Contractor to:
(a) Suspend progress of the Works. Or
(b) Suspend delivery of Plant or Contractor’s Equipment which
is ready for delivery to the Site at the time for delivery
specified in the Programme, or if no time is specified, at the
time appropriate for it to be delivered, or
(c) Suspend the erection of Plant which has been delivered to
the Site.
When the Contractor is prevented from delivering or erecting Plant in
accordance with the Programme the Engineer shall be deemed to have
instructed a suspension except when such prevention is caused by the
Contractor’s default.

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 The Contractor shall during suspension protect and secure the Works or
Plant affected at the Contractor’s works or elsewhere or at the Site, as
the case may be, against any deterioration, loss or damage.

Cost of Suspension 24.1 The additional cost incurred by the Contractor in protecting, securing
and insuring the Works or Plant and in following the Engineer’s
instructions under Sub-Clause 23.1 and in resumption of the work, shall
be added to the Contract Price.
The Contractor shall not be entitled to be paid any additional costs if
such suspension is necessary by reason of a default on the part of the
Contractor.
The Contractor shall not be entitled to additional costs unless he notifies
the Engineer of his intention to make such claim within 28 days after
receipt of the order to suspend progress or delivery or of the date of
deemed suspension under Sub-Clause 23.1.

Payment in Event 24.2 The Contractor shall be entitled to payment for Plant, which has not
Of Suspension been delivered to Site if the work on Plant or delivery of Plant has been
suspended for to payment of the value of such Plant as at the date of
suspension.
A certificate of payment shall be issued on condition that:
(a) The Contractor has marked the Plant as the Employer’s
property in accordance with the Engineer’s instructions,
and
(b) The suspension is not due to the Contractor’s default.

Prolonged 24.3 If suspension under Clause 23.1 has continued for more than 84 days,
Suspension and the suspension is not due to the Contractor’s default, the Contractor
may by notice to the Engineer require permission to proceed within 28
days.
If permission is not granted within that time, the Contractor may treat
the suspension as an omission under Clause 31 of the Section it affects,
or if the suspension affects the whole of the Works, terminate the
Contract and the provisions of Clause 46 shall apply.

Resumption of 24.4 If the Contractor chooses not to treat prolonged suspension as an

Work omission or termination under Sub-Clause 24.3, the Employer shall
upon the request of the Contractor, take over the responsibility for
protection, storage, security and insurance of the suspended Works and
the risk of loss or damage thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor shall,
after due notice to the Engineer, examine the Works and the Plant
affected by the suspension. The Contractor shall make good any
deterioration or defect in or loss of the Works or Plant that may have
occurred during the suspension. Cost properly incurred by the
Contractor, which would not have been incurred but for the suspension
shall be added to the Contract Price together with profit.
The Contractor shall not be entitled to payment for costs incurred in
making good any deterioration, defect or loss caused by faulty
workmanship or materials or by the Contractor’s failure to take the
measures specified in Sub-Clause 23.1.

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 If the Employer has taken over risk and responsibility for the suspended
Works under this Sub-Clause, risk and responsibility shall revert to the
Contractor 14 days after receipt of the permission or order to proceed.

Completion

Time for 25.1 The Works shall be completed and shall have passed the Tests on
Completion Completion within the Time for Completion.

Extension of Time 26.1 The Contractor may claim an extension of the Time for Completion if
For Completion he is or will be delayed in completing the Works by any of the following
causes:

(a) Extra or additional work ordered in writing under Clause

31,
(b) Exceptional adverse weather conditions,
(c) Physical obstructions or conditions which could not
reasonably have been foreseen by the Contractor,
(d) Employer’s or Engineer’s instructions, otherwise than by
reason of the Contractor’s default,
(e) The failure of the Employer to fulfill any of his obligations
under the Contract,
(f) Delay by any other contractor engaged by the Employer,
(g) Any suspension of the Works under Clause 23, except when
due to the Contractor’s default,
(h) Any industrial dispute.
(i) The Employer’s Risk,
(j) Force Majeure.

The Contractor shall give to the Engineer notice of his intention to

make a claim for an extension of time within 14 days of the
circumstances for such a claim becoming known to the Contractor.
The notice shall be followed as soon as possible by the claim with full
supporting details.
The Engineer shall, after due consultation with the Employer and the
Contractor, grant the Contractor from time to time, either
prospectively or retrospectively, such extension of Time for
Completion as may be justified. The Engineer shall notify the
Employer and the Contractor accordingly.
The Contractor shall be entitled to such extension whether the delay
occurs before or after the Time for Completion.

Delays by 26.2 The Contractor shall be entitled to claim an extension of time if delay
Subcontractors on the part of a Subcontractor is due to a cause mentioned in Clause
26.1, and such delay prevents the Contractor from meeting the Time for
Completion.

Earlier 26.3 The Employer may require completion of the Works or part thereof
Completion earlier than the Time for Completion, on the following conditions:
(a) The Employer and the Contractor shall first agree the extra
sum to be paid for each day by which the Contractor

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 competes the Works or part thereof earlier than the Time
for Completion.
(b) The Contractor shall not become liable under Sub-Clause
27.1 for any failure to complete the Works or the part
thereof by the earlier time.

Delay in 27.1 (a) If the Contractor fails to complete the Works within the Time
Completion for Completion, the Employer shall be entitled to a reduction
in the Contract Price unless it can be reasonably concluded
from the circumstances that the Employer will suffer no loss.
(b) The Employer shall within a reasonable time give the
Contractor notice of his intention to claim a reduction.
(c) The reduction shall be the percentage per day stated in the
SCC of that part of the Contract Price, which is attributable
to such part of the Works as cannot in consequence of the
failure be put to the intended use. The reduction shall be
computed for each day between the Time from Completion
and the actual date of completion.
(d) The reduction shall in no case exceed the maximum
percentage of the Contract Price of such part stated in the
SCC.
(e) Except as provided in Sub-Clause 27.2, such reduction shall
be to the exclusion of any other remedy of the Employer in
respect of the Contractor’s failure to complete within the
Time for Completion.

Prolonged Delay 27.2 If the Employer has become entitled to the maximum reduction under
Clause 27.1 for any part of the Works, he may by notice require the
Contractor to complete. Such notice shall fix a final time for completion,
which shall be reasonable.
If the Contractor fails to complete within such time, and this is not due
to a cause for which the Employer or some other contractor employed
by him is responsible, the Employer may by further notice to the
Contractor either:

(a) Require the Contractor to complete, or

(b) May himself complete at the Contractor’s cost provided
that he does so in a reasonable manner, or
(c) Terminate the Contract.

If the Employer terminates the Contract, he shall be entitled to recover

from the Contractor any loss he has suffered up to the maximum amount
stated in the SCC. If no maximum amount is stated, the Employer shall
not be entitled to recover more than that part of the Contract Price,
which is attributable to that part of the Works, which cannot by reason
of the Contractor’s failure be put to the intended use.
The Employer shall give credit for the value of any part of the Works,
which he retains.

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 Tests on Completion

Notice of Tests 28.1 The Contractor shall give to the Engineer 21 day’s notice of the date
after which he will be ready to make the Tests on Completion (the
Tests). Unless otherwise agreed, the Tests shall take place within 14
days after the said date on such day or days as the Engineer shall notify
the Contractor.

Time for Tests 28.2 If the Contractor fails to make the Tests within 21 days the Engineer
may himself proceed with the Tests. All Tests so made by the Engineer
shall be at the risk and cost of the Contractor and the cost thereof shall
be deducted from the Contract Price. The tests shall then be deemed to
have been made in the presence of the Contractor and the results of the
Tests shall be accepted as accurate.

Delayed Tests 28.3 If the Tests are being unduly delayed by the Contractor the Engineer
may by notice require the Contractor to make the Tests within 21 days
after the receipt of such notice. The Contractor shall make the Tests on
such days within that period as the Contractor may fix and of which he
shall give notice to the Engineer.
If the Contractor fails to make the Tests within 21 days the Engineer
may himself proceed with the Tests. All Tests so made by the Engineer
shall be at the risk and cost of the Contractor and the cost thereof shall
be deducted from the Contract Price. The tests shall then be deemed to
have been made in the presence of the Contractor and the results of the
Tests shall be accepted as accurate

Facilities for Tests 28.4 Except where otherwise specified, the Employer shall provide free of
On Completion charge such labour, materials, electricity, fuel, water, stores, apparatus
and feedstock as may be reasonably required by the Contractor to carry
out the Tests.

Retesting 28.5 If the Works or any Section fails to pass the Tests, the Engineer or the
Contractor may require such Tests to be repeated on the same terms and
conditions. All costs to which the Employer may be put by the repetition
of the Tests under this Sub-Clause or under Sub-Clause 30.7 shall be
deducted from the Contract Price.

Disagreement as to 28.6 If the Engineer and the Contractor disagree on the interpretation of the
Result of Tests Test result, each shall give a statement of his views to the other within
14 days after such disagreement arises. The statement shall be
accompanied by all relevant evidence.

Consequences of 28.7 If the Works or any Section fails to pass the Tests on the repetition
Failure to Pass thereof under Sub-Clause 28.5, the Engineer, after due consultation
Tests on with the Employer and the Contractor, shall be entitled to:
Completion
(a) Order one further repetition of the Tests under the
conditions of Sub-Clause 28.5, or
(b) Reject the Works or Section in which event the Employer
shall have the same remedies against the Contractor as are
provided under Sub-Clause 30.5(c), or

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 (c) Issue a Taking-Over Certificate, if the Employer so wishes,
notwithstanding that the Works are not complete. The
Contract Price shall then be reduced by such amount as may
be agreed by the Employer and the Contractor or, failing
agreement, as may be determined by arbitration.

Use by the 28.8 In considering the results of Tests carried out under Sub-Clause 29.3,
Employer 29.4 and 30.7 the Engineer shall make allowances for the effect of any
use of the Works by the Employer on the performance or other
characteristics of the Works.

Test Certificate 28.9 As soon as the Works or any Section thereof has passed the Tests, the
Engineer shall issue a Certificate to the Contractor and the Employer to
that effect.

Taking Over

Taking Over 29.1 The Works shall be taken by the Employer when they have been
completed in accordance with the Contract, except in minor respects
that do not affect the use of the Works for their intended purpose, have
passed the Tests on Completion and a Taking-Over Certificate has been
issued or deemed to have been issued in accordance with Sub-Clause
29.2.

Taking-Over 29.2 The Contractor may apply by notice to the Engineer for a Taking-Over
Certificate Certificate not earlier than 14 days before the Works will in the
Contractor’s opinion be completed and ready for taking over under Sub-
Clause 29.1.
The Engineer shall within 28 days after the receipt of the Contractor’s
application either:
(a) Issue the Taking-Over Certificate to the Contractor with a
copy to the Employer stating the date on which the Works
were complete and ready for taking over, or
(b) Reject the application giving his reasons and specifying the
work required to be done by the Contractor to enable the
Taking-Over Certificate to be issued.
If the Engineer fails either to issue the Taking-Over Certificate or to
reject the Contractor’s application within the period of 28 days he shall
be deemed to have issued the Taking-Over Certificate on the last day of
that period.
If the Works are divided by the Contract into Sections the Contractor
shall be entitled to apply for separate Taking-Over Certificates for each
such Section.

Use before Taking 29.3 The Employer shall not use any part of the Works unless a Taking-
Over Over Certificate has been issued in respect thereof.
If nevertheless the Employer uses any part of the Works, that part which
is used shall be deemed to have been taken over at the date of such use.
The Engineer shall on request of the Contractor issue a Taking-Over
Certificate accordingly. If the Employer uses any part of the Works
before taking over the Contractor shall be given the earliest opportunity
of taking such steps as may be necessary to carry out the Tests on
Completion.

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 The provisions of Sub-Clause 27.1 shall not apply to any part of the
Works while being so used by the Employer. Clause 30 shall apply as if
the part had been taken over on the date if it was taken into use.

Interference with 29.4 If the Contractor is prevented from carrying out the Tests on
Tests on Completion by a cause for which the Employer or the Engineer or
Completion other contractors employed by the Employer are responsible, the
Employer shall be deemed to have taken over the Works on the date
when the Tests on Completion would have been completed but for
such prevention. The Engineer shall issue a Taking-Over Certificate
accordingly.
The Works shall not be deemed to have been taken over if they are not
substantially in accordance with the Contract.
If the Works are taken over under this Clause the Contractor shall
nevertheless carry out the Tests on Completion during the Defects
Liability Period. The Engineer shall require the Tests on Completion
to be carried out by 14 days notice and in accordance with the relevant
provisions of Clause 28.
Any additional costs, to which the Contractor may be put in making the
Tests on Completion during the Defects Liability Period, shall be added
to the Contract Price.

Defects after Taking Over

Defects Liability 30.1 Where any part of the Works is taken over separately from the Works
Period the Defects Liability Period for that part shall commence on the date it
was taken over.

Making Good 30.2 The Contractor shall, subject to Sub-Clause 30.9, be responsible for
Defects making good any defect in or damage to any part of the Works which
may appear of occur during the Defects Liability Period and which
arise from, either:

(a) Any defective materials, workmanship or design, or

(b) Any act or omission of the Contractor during the
Defects Liability Period.
The Contractor shall make good the defect or damage as soon as
practicable and at his own cost.

Notice of Defects 30.3 If any such defect appears or damage occurs, the Employer or the
Engineer shall forthwith notify the Contractor thereof in writing.

Extension of 30.4 The provisions of this Clause shall apply to all replacements or
Defects Liability renewals carried out by the Contractor as if the replacements and
Period renewals had been taken over on the date they were completed.
The Defects Liability Period for the Works shall be extended by a
period equal to the period during which the Works cannot be used by
reason of a defect or damage. If only part of the Works is affected the
Defects Liability Period shall be extended only for that part.

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 In neither case shall the Defects Liability Period be extended by more
than one year.
When erection or delivery of Plant has been suspended under Sub-
Clause 23.1, the Contractor’s obligations under this Clause shall not
apply to any defects occurring more than three years after it would have
been delivered but for the suspension or such period as may be stated in
SCC.

Failure to 30.5 If the Contractor fails to remedy a defect or damage within a

Remedy Defects reasonable time, the Employer may fix a final time fro remedying the
defect or damage.
If the Contractor fails to do so, the Employer may:

(a) Carry out the work himself or by others at the Contractor’s

risk and cost, provided that he does so in a reasonable
manner. The costs properly incurred by the Employer in
remedying the defect or damage shall be deducted from the
Contract Price, but the Contractor shall have no
responsibility for such work, or
(b) Require the Contractor to grant the Employer a reasonable
reduction in the Contractor Price to be agreed or fixed by
arbitration under Clause 50, or
(c) If the defect or damage is such that the Employer has been
deprived of substantially the whole of the Works or a part
thereof, he may terminate the Contract in respect of such
parts of the Works as cannot be put to the intended use. The
Employer shall to the exclusion of any remedy under
Clause 45 be entitled to recover all sums paid in respect of
such parts of the Works together with the cost of
dismantling the same, clearing the Site and returning Plant
to the Contractor or otherwise disposing of it in accordance
with the Contractor’s instruction.

Removal of 30.6 If the defect or damages is such that repairs cannot be expeditiously
Defective Work carried out on the Site, the Contractor may with the consent of the
Engineer or the Employer remove from the Site for the purposes of
repair any part of the Works which is defective or damaged.

Further Tests 30.7 If the replacements or renewals are such that they may affect the
On Completion performance of the Works, the Employer may request that Tests on
Completion be repeated to the extent necessary. The request shall be
made by notice within 28 days after the replacement or renewals. The
Test shall be carried out in accordance with Clause 28.

Right of Access 30.8 Until the Final Certificate of Payment has been issued, the Contractor
shall have the right of access to all parts of the Works and to records of
the working and performance of the Works.
Such right of access shall be during the Employer’s normal working
hours at the Contractor’s risk and cost. Access shall also be granted to
any duly authorized representative of the Contractor whose name has
been communicated in writing to the Engineer.

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 Subject to the Engineer’s approval, the Contractor may also at his own
risk and cost make any tests, which he considers desirable.

Defects in 30.9 The Contractor shall not be liable for any defects resulting from designs
Employer’s and furnished or specified by the Employer or the Engineer.
Engineer’s Designs

Contractor to 30.10 The Contractor shall, if required by the Engineer in writing, search for
Search the cause of any defect, under the direction of the Engineer. Unless the
defect is one for which the Contract is liable under this Clause, the cost
of the work carried out by the Contractor in searching for the cause of
the defect shall be added to the Contract Price.

Defects Liability 30.11 When the Defects Liability Period for the Works or any part thereof has
Certificate expired and the Contractor has fulfilled all his obligations under the
Contract for defects in the Works or that part, the Engineer shall issue
within 28 days to the Employer and the Contractor a Defects Liability
Certificate to that effect.

Exclusive Remedie 30.12 Except in the case of Gross Misconduct, the Employer’s remedies under
s this Clause shall be in place of and to the exclusion of any other remedy
in relation to defects whatsoever.

Variations

Engineer’s Right t 31.1 The Engineer may by Variation Order to the Contractor at any time
o Vary before the Works are taken over, instruct the Contractor to alter, amend,
omit, add to or otherwise vary part of the Works. The Contractor shall
not vary or alter any of the Works, except in accordance with a Variation
Order from the Engineer. The Contractor may, however, at any time
purpose variations of the Works to the Engineer.

Variation Order 31.2 Prior to any Variation Order under Sub-Clause 31.1 the Engineer shall
Procedure notify the Contractor of the nature and form of such variation. As soon
as possible after having received such notice, the Contractor shall
submit to the Engineer:

(a) A description of work, if any, to be performed and a

programme for its execution, and
(b) The Contractor’s proposals for any necessary modifications
to the Programme according to Sub-Clause 26.1 or to any
of the Contractor’s obligations under the Contract, and
(c) The Contractor’s proposals for adjustment to the Contract
Price.

Following the receipt of the Contractor’s submission the Engineer shall,

after due consultation with the Employer and the Contractor, decide as
soon as possible whether or not the variation shall be carried out. If the
Engineer decides that the variation shall be carried out, he shall issue a
Variation Order clearly identified as such in accordance with the
Contractor’s submission or as modified by agreement. If the Engineer
and the Contractor are unable to agree the adjustment of the Contract
Price, the provisions of Sub-Clause 31.3 shall apply.

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 Disagreement on 31.3 If the Contractor and the Engineer are unable to agree on the
Adjustment of the adjustment of the Contract Price, the adjustment shall be determined in
Contract Price accordance with the rates specified in the Schedule of Prices. If the
rates contained in the Schedule of Prices are not directly applicable to
the specific work in question, suitable rates shall be established by the
Engineer reflecting the level of pricing in the Schedule of Prices.
Where rates rate not contained in the said Schedule, the amount shall
be such as is in all the circumstances reasonable. Due account shall be
taken of any over-or-under-recovery of overheads by the Contractor in
consequence of the variation.
The Contractor shall also be entitled to be paid:

(a) The cost of any partial execution of the Works rendered

useless by any such variation, and
(b) The cost of making necessary alterations to Plant already
manufactured or in the course of manufacture or of any
work done that has to be altered in consequence of such a
variation, and
(c) Any additional costs incurred by the Contractor by the
disruption of the progress of the Works as detailed in the
Programme, and
(d) The net effect of the Contractor’s finance costs, including
interest, caused by the variation.

The Engineer shall on this basis determine the rates or prices to enable
on-account payment to be included in certificates of payment.

Contractor to 31.4 On receipt of a Variation Order, the Contractor shall forthwith proceed
Proceed to carry out the variation and be bound to these Conditions in so doing
as if such variation was stated in the Contract.
The work shall not be delayed pending the granting of an extension of
the Time for Completion or an adjustment to the Contract Price under
Sub-Clause 31.3.

Records of Costs 31.5 In any case where the Contractor is instructed to proceed with a
variation prior to the determination of the adjustment to the Contract
Price in respect thereof the Contractor shall keep records of the cost of
undertaking the variation and of time expended thereon. Such records
shall be open to inspection by the Engineer at all reasonable times.

Ownership of Plant

Ownership of Plan 32.1 Plant to be supplied pursuant to the Contract shall become the property
t of the Employer at whichever is the earlier of the following times:

(a) When Plant is delivered to Site, or

(b) When by virtue of Sub-Clause 24.2 the Contractor becomes
entitled to payment of the value of the Plant.

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 Certificates and Payment

Terms of Payment 33.1 The terms of payment shall be as stated in the SCC.

Method of 33.2 Unless otherwise specified in SCC applications by the Contractor for
Application payment shall be made to the Engineer as follows:
(a) In respect of the progress of the Works accompanied by
such evidence of the values of the work done as the
Engineer may require, and
(b) In respect of Plant shipped and en route to the Site
identifying the Plant concerned and accompanied by such
evidence of shipment and of payment of freight and
insurance and by such other documents as the Engineer
may require, and
(c) For additional payment in accordance with Clause 34.
Any other application for payment shall state the amounts claimed and
the detailed particulars in respect of which the application is made.

Issue of Certificate 33.3 Within 14 days after receiving an application for payment which the
Of Payment Contractor was entitled to make the Engineer shall issue a Certificate
of Payment to the Employer showing the amount due, with a copy to
the Contractor.
A certificate of payment, other than the Final Certificate of Payment,
shall not be withheld on account of:

(a) Defects of a minor character which are not such as to

affect the use of the Works, or
(b) Any part of the payment applied for being disputed. In
such case a certificate of payment for the undisputed
amount shall be issued.

Corrections to 33.4 The Engineer may in any certificate of payment make any correction or
Certificates of modification that should properly be made in respect of any previous
Payment certificate.

Payment 33.5 Unless otherwise specified in SCC, the Employer shall pay the amount
certified within 28 days from the date of issue of each certificate of
payment to the Contract at his principal place of business.

Delayed Payment 33.6 If payment of any sum payable under Sub-Clause 33.5 is delayed, the
Contractor shall be entitled to receive interest on the amount unpaid
during the period of delay. Unless otherwise stated in SCC the interest
shall be at the annual rate three percentage points above the discount
rate of the central bank in the Contractor’s country. The Contractor shall
be entitled to such payment without formal notice and without prejudice
to any other right or remedy.

Remedies on 33.7 The Contractor shall be entitled to stop the Works by giving 14 days
Failure to Certify notice to the Engineer and the Employer, if either:
Or Make Payment
(a) The Engineer fails to issue a certificate of payment upon
proper application by the Contractor, or

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 (b) The Employer fails to make any payment as provided in this
Clause.

The cost to the Contractor together with profit occasioned by the

stoppage and the subsequent resumption of work shall be added to the
Contract Price. The Contractor shall also be entitled to terminate the
Contract by giving 28 days notice to the Engineer and the Employer in
any case where the Engineer has failed to issue a certificate of payment
upon proper application by the Contractor.

Payment by 33.8 For any part of the Works which is to be paid according to quantity
Measurement supplied or work done, the provisions for measurement shall be stated
in SCC.

Application for 33.9 The Contractor shall make application to the Engineer for the Final
Final Certificate Certificate of Payment within 28 days after the issue of the Defects
Of Payment Liability Certificate, or if more than one, the last Defects Liability
Certificate.
The application for the Final Certificate of Payment shall be
accompanied by a final account prepared by the Contractor. The final
account shall give full details of the value of all Plant supplied and
work done under the Contract together with:
(a) Such conditions to or deductions from the Contract Price as
have been agreed, and
(b) All claims for additional payment to which the Contractor
may consider himself entitled.

Issue of Final 33.10 The Engineer shall issue to the Employer with a copy to the Contractor,
Certificate of the Final Certificate of Payment within 28 days after receiving an
Payment application in accordance with Sub-Clause 33.9.
If the Contractor has not applied for a Final Certificate of Payment
within the time specified in Sub-Clause 33.9 the Engineer shall request
the Contractor to do so within a further period of 28 days. If the
Contractor fails to make such an application, the Engineer shall issue
the Final Certificate of Payment for such amount as he deems correct.

Final Certificate of 33.11 A Final Certificate of Payment shall be conclusive evidence of the
Payment value of the Works, that the Works are in accordance with the Contract
Conclusive and that the Contractor has performed all his obligations under the
Contract.
Payment of the amount certified in the Final Certificate of Payment
shall be conclusive evidence that the Employer has performed all his
obligations under the Contract.
A Final Certificate of Payment or payment shall not be conclusive:

(a) To the extent that fraud or dishonesty relates to or affects

any matter dealt with in the certificate, or
(b) If any arbitration or court proceedings under the Contract
have been commenced by either party before the expiry of
84 days after the issue of the Final Certificate of Payment.

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 Claims

Procedure 34.1 In any case where under these Conditions there are circumstances which
the Contractor considers entitled him to claim additional payment, the
Contractor shall:

(a) If he intends to make any claim for additional payment give to the
Engineer notice of his intention to make such claim within 28 days
after the said circumstances became known to the Contractor
stating the reasons for his claim, and
(b) As soon as reasonably practical after the date of such notice submit
to the Engineer full and detailed particulars of his claim but not
later than 182 days after such notice unless otherwise agreed by the
Engineer. In any event such particulars shall be submitted no latter
than the application for the Final Certificate of Payment. The
Contractor shall thereafter promptly submit such further particulars
as the Engineer may reasonably require to assess the validity of the
claim.

Assessment 34.2 When the Engineer has received full and detailed particulars of the
Contractor’s claim in accordance with Sub-Clause 34.1 and such further
particulars as he may reasonably have required he shall after due
consultation with the Employer and the Contractor determine whether
the Contractor is entitled to additional payment and notify the parties
accordingly.
The Engineer may reject any claim for additional payment, which does
not comply with the requirements of Sub-Clause 34.1.

Foreign Currency and Rates of Exchange

Payment in 35.1 Arrangements for payment in foreign currencies shall be as stated in the
Foreign Currencie SCC.
s

Currency 35.2 The Employer shall reimburse the Contractor for any loss arising
Restrictions from:
(a) Currency restrictions, and
(b) Restrictions on the transfer of currency in which the
Contractor is to be paid which are imposed by the
government or authorized agency of the government of the
country from which any payments under the Contract are
to be made.

This Sub-Clause only applies to restrictions imposed after the date 28

days prior to the latest date for submission of tenders for the Works.

Rates of Exchange 35.3 Where the Contract provides for payment in Foreign Currency the
rates of exchange between the currencies shall be fixed for the
purposes of the Contract and shall be as stated in the SCC.
If such rates of exchange are not stated in the SCC the rates to be use
shall be those quoted by the central bank of the country whose currency
is to be sold 28 days or the nearest day thereto prior to the latest date for
submission of tenders for the Works

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 Provisional Sums

Use of Provisional 36.1 A Provisional Sum shall only be used, in whole or in part in accordance
Sums with the Engineer’s instructions.
The total sum paid to the Contractor shall include only such amounts in
respect of work, supplies or services to which such Provisional Sums
relate as the Engineer shall have instructed.

Ordering Work 36.2 In respect of every Provisional Sum the Engineer may after due
Against Provisiona consultation with the Employer an the Contractor order:
l Sums
(a) Work to be executed, including goods, materials or services
to be supplied by the Contractor. The value of such work
executed, determined in accordance with Clause 31 shall be
paid to the Contractor in accordance with Clause 33, and
(b) goods and materials to be purchased by the Contractor, for
which payment will be made in accordance with Sub-Clause
36.4

Invoices and 36.3 The Contractor shall, when required by the Engineer, produce
Receipts quotations, invoices, vouchers and accounts or receipts in connection
with expenditure in respect of Provisional Sums.

Payment against 36.4 For all work executed or goods, materials or services supplied or
Provisional Sums purchased by the Contractor under Sub-Clause 36.2(b), there shall be
included in the sums paid to the Contractor:

(a) The actual price paid or due to be paid by the Contractor,

and
(b) In respect of all other charges and profit, a percentage of
the actual price paid or due to be paid. Such percentage
shall be as stated in the SCC.

Risk and Responsibility

Allocation of Risk 37.1 The Risks of loss of or damage to physical property and of death and
And Responsibilit personal injury which arise in consequence of the performance of the
y Contract shall be allocated between the Employer and the Contractor as
follows:

(a) The Employer: the Employer’s Risks as specified in Sub-Clause

37.2.
(b) The Contractor: the Contractor’s Risks as specified in Sub-Clause
37.3.

Employer’s Risks 37.2 The Employer’s Risks are:

(a) War and hostilities (whether war be declared or not),
invasion, act of foreign enemies;
(b) rebellion, revolution, insurrection, military or usurped
power or civil war insofar as it relates to the country in
which the Works are located or countries through which
plant must be transported;

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 (c) Ionizing radiation or contamination by radio-activity from
any nuclear fuel, or from any nuclear waste from the
combustion of nuclear fuel, radio-active toxic explosives
or other hazardous properties of any explosive nuclear
assembly or nuclear components thereof;
(d) Pressure waves caused by aircraft traveling at sonic or
supersonic speed;
(e) Riot, commotion or disorder, unless solely restricted to the
employees of the Contractor or of his Subcontractors;
(f) Use or occupation of the Works or any part thereof by the
Employer;
(g) Fault, error, defect or omission in the design of any part of
the Works by the Engineer, Employer or those for whom
the Employer is responsible;
(h) The use or occupation of the Site by the Works or any part
thereof, or for the purposes of the Contract; or interference,
whether temporary or permanent with any right of way,
light, air or water or with any easement, wayleaves or right
of a similar nature which is the inevitable result of the
construction of the Works in accordance with the Contract;
(i) The right of the Employer to construct the Works or any
part thereof on, over, under, in or through any land;
(j) Damage (other than that resulting from the Contractor’s
method of construction) which is the inevitable result of the
construction of the Works in accordance with the Contract;
(k) The act, neglect or omission or breach of contract or of
statutory duty of the Engineer, the Employer or other
contractors engaged by the Employer or of their respective
employees or agents;
(l) and all risks which an experienced contractor could not
have foreseen or, if foreseeable, against which measures to
prevent loss, damage or injury from occurring could not
reasonably have been taken by such contractor.

Contractor’s Risks 37.3 The Contractor’s Risks are all risks other than those identified as the
Employer’s Risks.

Care of the Works and Passing of Risk

Contractor’s 38.1 The Contractor shall be responsible for the care of the Works or any
Responsibility Section thereof from the Commencement Date until the Risk Transfer
For the Care of Dater applicable thereto under Sub-Clause 38.2.
The Works
The Contractor shall also be responsible fro the care of any part of the
Works upon which any outstanding work is being performed by the
Contractor during the Defects Liability Period until completion of such
outstanding work.

Risk Transfer Dat 38.2 The Risk Transfer Date in relation to the Works or a Section thereof is
e the earliest of either:

(a) The date of issue of the Taking-Over Certificate, or

54 | P a g e
 (b) The date when the Engineer is deemed to have issued the Taking-
Over Certificate or the Works are deemed to have been taken over
in accordance with Clause 29, or
(c) The date of expiry of the notice of termination when the Contract
is terminated by the Employer or the Contractor in accordance with
these Conditions.

Passing of Risk 39.1 The risk of loss of or damage to the Works or any Section thereof shall
Of Loss of or pass from the Contractor to the Employer on the Risk Transfer Date
Damage to the applicable thereto.
Works

Loss or Damage 39.2 Loss of or damage to the Works or any Section thereof occurring
Before Risk before the Risk Transfer Date shall:
Transfer Date
(a) To the extent caused by any of the Contractor’s Risks, be
made good forthwith by the Contractor at his own cost,
and
(b) To the extent caused by any of the Employer’s Risks, be
made good by the Contractor at the Employer’s expense if
so required by the Engineer within 28 days after the
occurrence of the loss or damage. The price for making
good such loss and damage shall be in all circumstances
reasonable and shall be agreed by the Employer and the
Contractor, or in the absence of agreement, shall be fixed
by arbitration under Clause 50.

Loss or Damage 39.3 After the Risk Transfer Date, the Contractor’s liability in respect of loss
After Risk of or damage to any part of the Works shall, except in the case of Gross
Transfer Date Misconduct, be limited:

(a) To the fulfillment of the Contractor’s obligations under

Clause 30 in respect of defects therein, and
(b) To making good forthwith loss or damage caused by the
Contractor during the Defects Liability Period.

a) b) Damage to Property and Injury to Persons

Contractor’s 40.1 Except as provided under Sub-Clause 41.1, the Contractor shall be
Liability liable for and shall indemnify the Employer against all losses, expenses
and claims in respect of any loss of or damage to physical property
(other than the Works), death or personal injury occurring before the
issued of the last Defects Liability Certificate to the extent caused by:
(a) Defective design, material or workmanship of the
Contractor, or
(b) Negligence or breach of statutory duty of the Contractor,
his Subcontractors or their respective employees and
agents.

Employer’s 40.2 The Employer shall be liable for and shall indemnify the Contractor
Liability against all losses, expenses or claims in respect of loss of or damage to
any physical property or of death or personal injury whenever occurring,
to the extent caused by any of the Employer’s Risks.

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 Accidents 41.1 The Contractor shall be liable for and shall indemnify the Employer
against all losses, expenses or claims arising in connection with the
death of or injury to any person employed by the Contractor or his
Subcontractors for the purposes of the Works, unless caused by any acts
or defaults of the Engineer, the Employer or other contractors engaged
by the Employer or by their respective employees or agents. In the latter
cases the Employer shall be liable for and shall indemnify the
Contractor against all losses, expenses and claims arising in connection
therewith.

c) d) Limitations of Liability

Liability for 42.1 Neither party shall be liable to the other for any loss or profit, loss of
Indirect or use, loss of production, loss of contracts or for any other indirect or
Consequential consequential damage that may be suffered by the other, except:
Damage
(a) As expressly provided in Clause 27, and
(b) Those provisions of these Conditions whereby the
Contractor is expressly entitled to receive profit.

Maximum Liabilit 42.2 The liability of the Contractor to the Employer under these Conditions
y shall in no case exceed the sum stated in the SCC or, if no such sum is
stated, the Contractor Price.

Liability after 42.3 The Contractor shall have no liability to the Employer for any loss of or
Expiration of damage to the Employer’s physical property, which occurs after the
Defects Liability expiration of the Defects Liability Period unless caused by Gross
Period Misconduct of the Contractor.

Exclusive Remedie 42.4 The Employer and the Contractor intend that their respective rights,
s obligations and liabilities as provided for in these Conditions shall
alone govern their rights under the Contract and in relation to the
Works.
Accordingly, the remedies provided under the contract in respect of or
in consequence of:

(a) Any breach of contract, or

(b) Any negligent act or omission, or
(c) Death or personal injury, or
(d) Loss or damage to any property are, save in the case of
Gross Misconduct, to be to the exclusion of any other
remedy that either may have against the other under the law
governing the Contract or otherwise.

Mitigation of Loss 42.5 In all cases the party claiming a breach of Contract or a right to be
Or Damage indemnified in accordance with the Contract shall be obliged to take all
reasonable measures to mitigate the loss or damage which has occurred
or may occur.

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Foreseen Damage 42.6 Where either the Employer or the Contractor is liable in damages to the
other these shall not exceed the damage, which the party in default could
reasonably have foreseen at the date of the Contract.

e) Insurance

The Works 43.1 The Contractor shall insure the Works in the joint names of the
Contractor and the Employer to their full replacement value with
deductible limits not exceeding those stated in the SCC.
From the Commencement Date until the Risk Transfer Date against any
loss or damage caused by any of the Contractor’s Risks and any other
risks specified in the SCC, and during the Defects Liability Period
against any loss or damage which is caused either:

(a) By the Contractor in completing any outstanding work or

complying with his obligations under Clause 30, or
(b) By any of the Contractor’s Risks which occurred prior to
the Risk Transfer Date.

Contractor’s 43.2 The Contractor shall insure Contractor’s Equipment for its full
Equipment replacement value whilst in transit to the Site, from commencement of
loading until completion of unloading at the Site and while on the Site
against all loss or damage caused by any of the Contractor’s Risks.

Third Party 43.3 The Contractor shall insure against liability to third parties for any
Liability death or personal injury and loss of or damage to any physical
property arising out of the performance of the Contract and occurring
before the issue of the last Defects Liability Certificate.
Such insurance shall be effected before the Contractor begins any work
on the Site. The insurance shall be for not less than the amount specified
in the SCC.

Employees 43.4 The Contractor shall insure and maintain insurance against his liability
under Sub-Clause 41.1.

General 43.5 The Contractor shall:

Requirements of
Insurance Policies (a) Whenever required by the Employer produce the policies or
certificates of any insurance which he is required to effect under
the Contract together with receipts for the premiums,
(b) Effect all insurances for which he is responsible with an insurer and
in terms of approved by the Employer, and
(c) Make no material alterations to the terms of any insurance without
the Employer’s approval. If an insure makes any material alteration
to the terms the Contract shall forthwith notify the Employer, and
(d) In all respects comply with any conditions stipulated in the
insurance policies which he is required to place under the Contract.

Permitted 43.6 The insurance cover effected by the Contractor may exclude any of the
Exclusions from following:
Insurance Policies

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 (a) The cost of making good any part of the Works which is
defective or otherwise does not comply with the Contract
provided that it does no exclude the cost of making good
any loss or damage to any other part of the Works
attributable to such defect or non-compliance,
(b) Indirect or consequential loss or damage including any
reductions in the Contract Price for delay,
(c) Wear and tear, shortages and theft,
(d) Risks relating to vehicles for which third party or other
insurance is required by law.

Remedies on the 43.7 If the Contractor fails to produce evidence of insurance cover as stated
Contractor’s in Sub-Clause 43.5.(a) then the Employer may effect and keep in force
Failure to Insure such insurance. Premiums paid by the Employer for this purpose shall
be deducted from the Contract Price.

Amounts not 43.8 Any amounts not recovered from the insurers shall be borne by the
Recovered Employer or Contractor in accordance with their responsibilities under
Clause 37.

Force Majeure

Definition of Force 44.1 Force Majeure means any circumstances beyond the control of the
Majeure parties, including but not limited to:

(a) War and other hostilities, (whether war be declared or not),

invasion, act of foreign enemies, mobilization, requisition
or embargo;
(b) Ionizing radiation or contamination by radio-activity from
any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel, radio-active toxic explosives,
or other hazardous properties of any explosive nuclear
assembly or nuclear components thereof;
(c) Rebellion, revolution, insurrection, military or usurped
power and civil war;
(d) Not, commotion or disorder, except where solely restricted
to employees of the Contractor.

Effect of Force 44.2 Neither party shall be considered to be in default or in breach of his
Majeure obligations under the Contract to the extent that performance of such
obligations is prevented by any circumstances of Force Majeure which
arise after the date of the Letter of Acceptance or the date when the
Contract becomes effective, whichever is the earlier.

Notice of Force 44.3 If either party considers that any circumstances of Force Majeure have
Majeure occurred which may affect performance of his obligations he shall
promptly notify the other party and the Engineer thereof.

Performance of 44.4 Upon the occurrence of any circumstances of Force Majeure the
Continue Contractor shall endeavour to continue to perform his obligations under
the Contract so far as reasonably practicable. The Contractor shall notify
the Engineer of the steps he proposes to take including any reasonable
alternative means for performance, which is not prevented by Force

58 | P a g e
 Majeure. The Contractor shall not take any such steps unless directed
so to do by the Engineer.

Additional Costs 44.5 If the Contractor incurs additional costs in complying with the
Caused by Force Engineer’s directions under Sub-Clause 44.4, the amount thereof shall
Majeure be certified by the Engineer and added to the Contract Price.

Damage Caused 44.6 If in consequence of Force Majeure the Works shall suffer loss or
By Force Majeure damage the Contractor shall be entitled to have the value of the work
done, without regard to the loss or damage that has occurred, included
in a Certificate of Payment.

Termination in 44.7 If circumstances of Force Majeure have occurred and shall continue for
Consequence of a period of 182 days then, notwithstanding that the Contractor may by
Force Majeure reason thereof have been granted an extension of Time for Completion
of the Works, either party shall be entitled to serve upon the other 28
days’ notice to terminate the Contract. If at the expiry of the period of
28 days Force Majeure shall still continue the Contract shall terminate.

Payment on 44.8 If the Contract is terminated under Sub-Clause 44.7 the Contractor shall
Termination for be paid the value of the work done.
Force Majeure The Contractor shall also be entitled to receive:

a. The amounts payable in respect of any preliminary items so far

as the work or service comprised therein has been carried out
and a proper proportion of any such item in which the work or
service comprised has only been partially carried out,
b. The cost of materials or goods ordered for the Works or for use
in connection with the Works which have been delivered to the
Contractor or of which the Contractor is legally liable to accept
delivery. Such materials or goods shall become the property of
and be at the risk of the Employer when paid for by the
Employer and the Contractor shall place the same at the
Employer’s disposal,
c. the amount of any other expenditure which in the circumstances
was reasonably incurred by the Contractor in the expectation of
completing the whole of the Works,
d. the reasonable cost of removal of Contractor’s Equipment from
the Site and the return thereof to the Contractor’s works in his
country or to any other destination at no greater cost, and
e. the reasonable cost of repatriation of the Contractor’s staff and
workmen employed wholly in connection with the Works at the
date of such termination.

Release from 44.9 If circumstances of Force Majeure occur and in consequence thereof
Performance under the law governing the Contract the parties are released from
further performance of the Contract, the sum payable by the Employer
to the Contractor shall be the same as that which would have been
payable under Sub-Clause 44.8 if the Contract had been terminated
under Sub-Clause 44.7.

Force Majeure 44.10 The provisions of Clause 44 shall also apply in circumstances where the
Affecting Engineer is prevented from performing any of his duties under the
Engineer’s Duties Contract by reason of Force Majeure.

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 f) g) Default

Notice of Default 45.1 If the Contractor is not executing the Works in accordance with the
Contract or is neglecting to perform his obligations thereunder so as
seriously to affect the carrying out of the Works, the Engineer may give
notice to the Contractor requiring him to make good such failure or
neglect.

Contractor’s 45.2 If the Contractor:

Default
(a) Has failed to comply within a reasonable time with a notice
under Sub-Clause 45.1, or
(b) Assigns the Contract or subcontracts the whole of the
Works without the Employer’s written consent, or
(c) Become bankrupt or insolvent, has a receiving order made
against him or compounds with his creditors, or carries on
business under a receiver, trustee or manager for the benefit
of his creditors or goes into liquidation.

The Employer may, after having given 7 days notice to the Contractor,
terminate the Contract and expel the Contractor from the Site.
Any such expulsion and termination shall be without prejudice to any
other rights or powers of the Employer, the Engineer or the Contractor
under the Contract.
The Employer may upon such termination complete the Works himself
or by any other Contractor.

Valuation at Date 45.3 The Engineer shall, as soon as possible after such termination, certify
Of Termination the value of the Works and all sums then due to the Contractor as at the
date of termination in accordance with Clause 33.

Payment after 45.4 The Employer shall not be liable to make any further payments to the
Termination Contractor until the Works have been completed. When the Works are
so complete, the Employer shall be entitled to recover from the
Contractor the extra costs, if any, of completing the Works after
allowing for any sum due to the Contractor under Sub-Clause 45.3. If
there is no such extra cost the Employer shall pay any balance due to
the Contractor.

Effect on Liability 45.5 The Contractor’s liability under Clause 27 shall immediately cease
For Delay when the Employer expels him from the Site without prejudice to any
liability thereunder that may have already occurred.

Employer’s Defaul 46.1 The Contractor may, by giving 14 days notice to the Employer and the
t Engineer, terminate the Contract if the Employer:

(a) Fails to pay the Contractor the amount due under any
certificate of the Engineer within 28 days after the amount
became payable, or
(b) Interferes with or obstructs the issue of any certificate of
the Engineer, or

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 (c) Becomes bankrupt or insolvent, has a receiving order made
against him, compounds with his creditors, or carries on
business under a receiver, trustee or manager for the benefit
of his creditors or goes into liquidation, or
(d) Consistently fails to meet his contractual obligations, or
(e) Appoints a person to act with or in replacement of the
Engineer without the Contractor’s consent.

Any such termination shall be without prejudice to any other rights of

the Contractor under the Contract.

Removal of 46.2 On such termination, the Contractor shall be entitled to remove

Contractor’s immediately all Contractors’ Equipment, which is on the Site.
Equipment

Payment on 46.3 In the event of such termination the Employer shall pay the Contractor
Termination for an amount calculated in accordance with Sub-Clause 44.8.
Employer’s The Employer shall pay in addition the amount of any loss or damage,
Default including loss of profit, which the Contractor may have suffered in
consequence of termination. The additional amount shall, however, not
exceed the limit specified in the SCC.

h) i) Changes in Cost and Legislation

Labour, Materials 47.1 Where the Contract Price is to be adjusted for changes in the cost of
And Transport labour, materials, transport or other costs of execution of the Works, the
method for calculating such adjustment shall be specified in the SCC.
When calculating the adjustment no account shall be taken of any
increased cost, which results from the Contractor’s default or
negligence.

Statutory and 47.2 The Contract Price shall be adjusted to take account of any increase or
Other Regulations decrease in cost resulting from changes in legislation of the country
where the Site is located or in its generally accepted interpretation.
Legislation means any law, order, regulation or bye-law having the
force of law, which affects the Contractor in the performance of his
obligations under the Contract, made after the date 28 days prior to the
latest date for submission of tenders for the Works.
The Employer shall certify the amount of the resulting increase or
decrease in cost, which shall be added to or deducted from the Contract
Price.

j) k) Customs

Customs and 48.1 Unless otherwise stated in SCC the Employer shall pay all customs,
Import Duties import duties and taxes in consequence of the importation of Plant. If
the Contractor is required to pay such customs, import duties and taxes,
the Employer shall reimburse the amount thereof.

Clearance through 48.2 The Employer shall assist the Contractor in obtaining clearance through
Customs the customs of all Plant and Contractor’s Equipment and in procuring

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 any necessary government consent to the re-export of Contractor’s
Equipment when it is removed from the Site.

l) m) Notices

Notices to 49.1 All certificates, notices or written orders to be given to the Contractor
Contractor by the Employer or the Engineer under these Conditions shall be sent
by airmail post, cable, telex or facsimile transmission to or left at the
Contractor’s principal place of business or such other address as the
Contractor shall nominate for that purpose, or may be handed over to
the Contractor’s representative.

Notices to 49.2 Any notice to be given to the Employer or to the Engineer under these
Employer and Conditions shall be sent by airmail post, cable, telex or facsimile
Engineer transmission to or left at the respective addresses nominated for that
purpose in the SCC, or handed over to the Engineer’s or the Employer’s
representative authorized to receive it.

Minutes of 49.3 Instructions or notices to the Contractor and notices from the Contractor
Meetings to the Engineer or the Employer recorded in a minute or protocol signed
by the authorized representatives of the giver and recipient of such
notice or instruction shall be valid notice or instruction for the purposes
of the Contract.

n) o) Disputes and Arbitration

Dispute concernin 50.1 If either party is dissatisfied with a decision or instruction of the
g Engineer as confirmed, reversed or varied in accordance with Clause 2
Engineer’s he may refer the matter to arbitration pursuant to Sub-Clause 50.2.
Decisions Unless the dissatisfaction party has notified the other party and the
Engineer within 56 days of such decision or instruction of his intention
to refer the matter to arbitration, he shall be deemed to have accepted
the decision as final.
Reference to arbitration shall not relieve the Contractor of his obligation
to proceed with the Works in accordance with the Engineer’s decision
or instruction, nor relieve the Employer of any of his obligations under
the Contract.
The Contractor shall in any such arbitration be at liberty to rely on
reasons additional to the reasons stated in the notice given under Sub-
Clause 2.7.

Arbitration 50.2 If at any time any question, dispute or difference shall arise between the
Employer and the Contractor in connection with or arising out of the
Contract or the carrying out of the Works either party shall be entitled
to refer the matter to be finally settled by arbitration in accordance with
the Rules of Conciliation and Arbitration of the International Chamber
of Commerce by one or more arbitrators appointed in accordance with
those Rules, or by arbitration in accordance with such other rules as are
specified in SCC.
The Arbitrator(s) shall have full power to open up, review and revise:
(a) Any decision or instruction of the Engineer referred to
arbitration pursuant to Sub-Clause 50.1, and

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 (b) Any certificate of the Engineer related to the dispute.

Works to Continu 50.3 Performance of the Contract shall continue during arbitration
e proceedings unless the Employer shall order suspension. If any such
suspension is ordered the reasonable costs incurred by the Contractor
and occasioned thereby shall be added to the Contract Price.
No payments due or payable by the Employer shall be withheld on
account of pending reference to arbitration.

Time Limit for 50.4 Formal notice of arbitration must be given to the other party, and where
Arbitration required to the appropriate arbitration body, no later than 84 days after
the issue of the Final Certificate of Payment.

p) q) Law and Procedure

Applicable Law 51.1 The law, which is to apply to the Contract and under which the Contract
is to be constructed, is stated in the SCC.

Procedure Law 51.2 The law governing the procedure and administration of any arbitration
instituted pursuant to Clause 50 is stated in the SCC.

Language 51.3 The language and place of the arbitration are stated in the SCC.

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 ANNEX II

SPECIAL CONDITIONS OF CONTRACT

The General Conditions of Contract in Part I shall be modified by the Special Conditions set out below:-

CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO

GCC CLAUSES IN THE GCC

Sub-Clause 1.1.1 Commencement The date for commencement of the Works is Seven (7) days
Date from the date of the signing of the contract. Sub-sub- clauses
ii), iii),iv) and v) of Part I- General Conditions are deleted.
Sub-Clause Defects Liability The Defects liability period is twelve calendar months.
1.1.11 Period
Sub-Clause The Employer The Employer is Rural Electrification Authority, The Kawi
1.1.12 House – South C, Bellevue (Popo Rd)
P. O. Box 34585-00100,
Nairobi, Kenya.
Sub-Clause The Engineer The Engineer shall be a duly authorized registered engineer
1.1.15 within the Alternative Energy Dept. of Rural Electrification
and Renewable Energy Corporation. The Employer may
change the Engineer and any such change shall be
communicated to the Contractor within reasonable time.
Sub-Clause Time for The Time for Completion for the whole works shall be Nine (9)
1.1.35 Completion Months from the date of signing the Contract and as stipulated
in the Delivery Timelines attached.
Sub-Clause 2.8 Replacement of Sub-clause 2.8 is deleted.
Engineer
Sub-Clause 4.1 Subcontracting The last sentence in Sub-clause 4.1 para. 1 is amended by
replacing “Engineer” with “employer.” The remainder of the
sub-clause is deleted.
Sub-Clause 5.1 Ruling Language Sub-clause 5.1 is deleted and replaced with: “The Ruling
Language for this Contract is English and the English language
version shall prevail over any other language.”
Sub-Clause 5.2 Day to Day Sub-clause 5.2 is deleted and replaced with: “The Ruling
Communications Language for this Contract is English and the English
language version shall prevail over any other language.”
Clause 5.3 Priority of Delete Clause 5.3 and substitute with: “The documents forming
Contract the Contract shall have equal prominence.”
Documents
Clause 6.6 Operation and In the first line substitute “built” with “installed”
Maintenance
The Sub-Clause is amended and the following sentence added
Manuals
after the last sentence: “Operations and Maintenance Manuals
shall be in the English Language.”
Sub-Clause 6.7 Employer’s Use Delete Clause 6.7 and substitute with: “The Contractor’s
of Contractor’s Drawings and Manuals may be used by Employer for the
Drawings purpose of completing, operating, maintaining, adjusting and
repairing the Works, for interconnecting the Works with other
plant and for training of personnel.”
Sub-Clause 8.1 General Clause 8.1 is amended to include: “No facilities will be
Obligations provided by Employer.”

64
CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
GCC CLAUSES IN THE GCC

Sub-Clause 10.1 Performance Clause 10.1 is amended to include: “Within Thirty (30) days
Security of issue of the Letter of Acceptance the Contractor shall at his
own expense obtain a Performance Security in the Form of
Performance Bond given in the Tender documents from a
reputable Bank approved by Employer to be bound with the
Contractor to Employer for a sum equivalent to ten per cent
(10%) of the Contract Price for the due Performance of the
Contract. The Security shall be payable in the currency of the
Contract. Employer may require an additional security if the
value of the Contract is increased appreciably. The Contractor
shall ensure that the Performance Security Bond is kept valid
up to the date of issue of the last Defect Liability Certificate.”
Sub-Clause 11.3 Physical There SHALL be no variation of contract. In event of
Obstruction additional works arising for any reason thereof, the Contractor
shall notify the Employer in writing beforehand who shall give
written approval of such works including costs. The costs of
the additional works will be borne by the employer and is
subject to negotiations as per the rate in the schedule of prices.
Sub-Clause 12.1 Programme to be Sub-clause 12.2 is deleted and substituted with: “The
Furnished Programme shall be as set out in the Delivery Timelines/Work
plan Annexed to the Contract. In the event that any milestone
as mentioned in the work plan is not achieved within the
timelines specified thereon, the employer shall be at liberty to
revoke the performance bond and terminate the contract and
claim for liquidated damages”
Sub-Clause 12.2 Alteration of Sub-clause 12.2 is amended by replacing “Engineer” with
Pragramme “employer.”
Sub-Clause 14.3 Electricity, The Sub-Clause is amended and the following sentence added
Water, Gas and after the last sentence: “The Contractor shall make his own
Other Services arrangement to supply water and electricity other services
required at his own expense.”
Sub-Clause 14.4 Employer’s The Sub-Clause is amended and the following sentence is
Equipment inserted after the last sentence: “None of the Employer’s
equipment is available for use by the Contractor.”
Clause 15.2 Compliance with The Sub-Clause is amended and the following sentence is
Statutes, inserted after the last sentence: “Without limiting the generality
Regulations of the foregoing the Contractor shall strictly abide by the
Kenyan regulations concerning safety on the site of the Works”.
Clause 17.4 Consents and The Clause is amended by adding the following after the last
wayleaves sentence: “The Contractor shall exercise due care to avoid
damage to property and environment and where such damage
occurs, the Employer shall be entitled to compensation from the
Contractor.”
Clause 18.1 Engagement of The Clause is amended by adding the following after the last
Labour sentence:
(a) The Contractor shall, to the extent practicable and
reasonable, to employ staff and labour with the
required qualifications and experience from sources
within Kenya
(b) The Contractor shall take all due care to comply with
the Kenyan labour laws on engagement of labour and
safety of working conditions. The employer shall not

65
CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
GCC CLAUSES IN THE GCC

be responsible for any contravention of labour laws

and/or accidents and loss occurring due to negligence
of the contractor.”
Sub-Clause 18.3 Working Hours The normal working hours at the site are between 7:45 a.m. and
5:00 p.m. on weekdays. The Contractor may arrange to work
any other periods he wishes between 7:00 a.m. and 7:00 p.m.
to meet the contract programme. Work outside this period and
weekend or public holiday working shall only be carried out
where specifically approved by the Engineer. Where the
Contractor chooses to work in excess of eight hours a day or to
work at weekends there shall be no additional cost added to the
contract price.
Sub-Clause 20.1 Independent The Clause is amended by adding the following after the final
Inspection sentence:
(a) In event of Independent Inspection, the contractor shall
be given sufficient notice of the intention of the
Employer to use independent inspector. Such
Independent inspectors shall be considered for all
material purposes employer’s representatives.
(b) The Employer shall bear the cost of international travel,
accommodation and cost of domestic travel in the
country of inspection.
Sub-Clause 25.1 Time for Time for Completion means the time for completing of the
Completion Works or any section or portion thereof as tendered by the
Contractor in the Schedule of Deliveries and included in the
Letter of Award. This period shall include up to the end of all
Tests on Completion but it may exclude any subsequent period
required for minor finishing works, demobilization of the
Contractor’’ site establishment.
Sub-Clause 26.1 Extension of Time The Sub-Clause is deleted and replaced with: “The Contractor
for Completion shall not be entitled to extension of time of completion except
upon approval by the Employer of request for extension by the
Contractor furnishing reasons thereof for the requested
extension reasonable and acceptable to the Employer.”
Sub-Clause 26.2 Delays by Sub- Delete the Clause and substitute with: “The Contract does not
contractors allow sub-contracting expect in instances stipulated in the
contract.”
Sub-Clause 27.1 Liquidated Sub-clause 27.1(d) the percentages for liquidated damages shall
Damages be: The Employer shall be entitled to a reduction in the Contract
Price of 0.5% of the Contract Price per week of delay up to a
maximum of 10% upon which the employer shall consider
terminating the contract in accordance with sub-clause 27.2.
Sub-Clause 27.2 Prolonged Delay If there is a Prolonged Delay in Completion and the Employer
has become entitled to the maximum reduction in Contract price
under Sub-Clause 27.1 and Employer terminates the Contract
under Sub-Clause 27.2, then the additional amount recoverable
from the Contractor by Employer shall be that part of the
Contract Price which is attributable to that part of the works
which cannot by reason o f the Contractor’s failure to put to the
intended use.
Sub-Clause 28.1 Tests on The tests on Completion shall include putting the system on
Completion load to satisfaction of engineer or his representative.

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CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
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Sub-Clause 29.2 Taking Over On satisfactory completion of the Tests on Completion,

Certificate Employer shall issue a Taking Over Certificate. This shall show
the effective date of Taking Over which shall be the date of
commencement of the Defects Liability Period.
Sub-Clause 29.3 Use Before The Employer shall not use any part of the Works prior to the
Taking Over Completion of the Tests on Completion without the permission
of the Tenderer. The Employer may use any part of the Works
during its Tests to suit the Tests. Such use shall not imply
Taking Over unless the Tests on that part of the Works are
successful.
Sub-clause 31.1 Variation Order Variation under this clause shall be deemed to be additional
works as stipulated in Clause 11.3 herein.
Clause 31.2 Variation Order The Clause is amended by adding the following after the final
Procedure sentence: “Where the Contract provides for the payment of the
contract Price in more than one currency, and varied work is
valued at, or on the basis of, the rates and prices set out in the
contract, payment for such varied work shall be made in the
currency specified in the Contract for payment of the Contract
Price.
Clause 32.1 Ownership of The Clause is amended by adding the following after the final
Plant sentence: “Provided the ownership of the plant envisaged under
this clause is only for purposes of taking over the project to
complete as envisaged under the contract if need arises and does
not in any way delegate the responsibility of the Contractor to
guarantee the quality of the Plant and/or to insure the Plant from
any loss or damage occurring before Risk Transfer Date.”
Sub-Clause 33.1 Terms of In addition to the provisions under Clause 33.1;
Payment i.) The Terms of Payment shall be made as follows:
(a) The Procuring entity shall pay to the Supplier forty
percent (40%) of the total Contract Price within forty
days(45) on delivery and inspection of ALL equipment
to site.
(b) The Procuring entity shall pay to the Supplier fifty
percent (50%) of the total Contract Price on Successful
Installation, Testing, Commissioning, Training,
Submission of user manual and Handover.
(c) 10% of the total Contract Price after the defect liability
period.
ii.) Method of Payment
The Employer shall make payments to the contractor through the
following methods:
i. Payment shall primarily be through REREC’s cheque or
Real Time Gross Settlement (RTGS) or telegraphic
transfer. Where applicable, a copy of a valid Performance
Security, stamped, certified as authentic by REREC, shall
form part of the documents to be presented to REREC
before any payment is made. The terms shall be strictly
on Delivered and Duty Paid (DDP) basis.
Sub-Clause 33.2 Method of The Contractor may make applications for Payment to
Application for Employer as set out in Sub-Clause 33.1.
Payment
Sub-Clause 33.5 Payment Second line, delete “28 days” and substitute “60 days”.

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CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
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Sub-Clause 33.6 Delayed Payment There shall be no interest payable on delayed payments.
Sub-Clause 35.1 Payment in Payment for all Works will be made in the amounts and
Foreign Currency currency specified in the Contract.
Sub-Clause 37.2 Employer’s Risks The following amendments are to be made to Sub-Clause
37.2.
After “Employer’s Risks are: “insert a new sub heading as
follows:-
“(1) Insofar as they relate to Kenya:”
In (b), delete all words after “Civil War”
After item (e) and before item (f) insert another new sub
heading as follows:-
“(2) Under all circumstances”
At the end of item (g) delete the semi colon and add:-
“Provided that the Contractor has disclaimed responsibility in
writing within a reasonable time after receipt of such design.”
Delete the last paragraph and substitute the following:
“(3) (1) all risks (insofar as they occur on Site) which an
experienced Contractor:

(a) Could not have foreseen, or

(b) Could reasonably have foreseen, but
(c) Against which he could either not reasonably
take measures to prevent loss or damage to
physical property or death or personnel injury
occurring, or
(d) Which he could not reasonably insure against”
Sub-Clause 40.1 Contractor’s In the first paragraph of Sub-Clause 40.1 delete the following
Liability words:- “occurring before the issue of the last Defects Liability
Certificate”
Sub-clause 40.2 Employer’s In any case, the employer shall not in any way be liable for loss
Liability of or damage to any physical property or of death or personal
injury and the Contractor shall indemnify him for costs incurred
with respect to claims arising under this contract.
Sub-Clause 42.2 Maximum The maximum liability of the Contractor to the Employer shall
Liability be the Contract Price. In any case, where the Employer has
incurred any extra cost arising out of any breach of contract, the
Contractor shall indemnify the cost and/or the loss thereof until
the Employer is restored to his original position.
Sub-Clause 43.1 The Works Delete the first paragraph and substitute:
“The Contractor shall, prior to commencement of the Works,
insure the Works in the joint names of the Contractor and
Employer to their full replacement value thereof plus 10%
thereon to allow for any additional costs and professional fees
resulting from loss or damage.”
Add the following Sub-Clause:
“(c) It shall be the responsibility of the Contractor to notify
the insurer of any change in the nature and extent of the works
and to ensure the adequacy of the insurance cover at all times
in accordance with the provisions of this Clause.”
Add the following Sub-Clause:
“(e) The Contractor shall obtain all the insurances required
under this contract from a reputable insurance company
agreeable to the Employer.”

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CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
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Add the following Sub-Clause:

“(f) The insurance covers shall be obtained upon signing of the
contract but not later than the date of commencement of works
under the Contract herein.”
“(g) The Contractor shall obtain insurance of its employees in
accordance with the Kenyan law and the employer shall not be
responsible for any loss whatsoever arising from execution of
the contract by the contractor.”
Sub-Clause 43.3 Third Party In the second line after “personal injury” add the words “to
Liability any person including any employee of the Employer.”
Add the following paragraph:
“The third party liability insurance should be in the joint
names of the Employer and the Contractor with an extension
of a cross liability cover so that the insurance shall apply to
the Contractor and to the Employer as separate insured. The
cover shall include the property of the Employer other than the
Works.”
The amount of Insurance against third party liability taken out
by the contractor shall not be less than the value of the
contract and shall be obtained from a reputable and accepted
Insurance company.
Sub-Clause 48.1 Customs and This clause is deleted.
Import Duties
Sub-Clause 49.2 Notices to The address of the Employer for notices is:-
Employer The Chief Executive Officer,
Rural Electrification and Renewable Energy Corporation
Kawi House – South C, Bellevue (Popo Rd)
P. O. Box 34585-00100,
Nairobi, Kenya.
Sub-Clause 50.2 Arbitration The Clause is deleted and replaced with:
Any dispute difference or question which may arise at any time
between the Parties upon the construction of this Agreement or
on the rights and liabilities of the Parties with respect thereto,
shall be referred to the decision of a single arbitrator to be
agreed upon between the Parties or in default of agreement
within fourteen (14) days to be appointed at the request of any
of them by the Chairperson for the time being of the Chartered
Institute of Arbitrators (Kenya Branch) in accordance with and
subject to the provisions of the Arbitration Act or any statutory
modification or re-enactment thereof for the time being in force.

The address of the Employer and Contractor for notices is as

stated in the preamble of the agreement.
Sub-Clause 51.1 Applicable Law The applicable law for this Contract shall be the law of the
Republic of Kenya.
Sub-Clause 51.2 Procedural Law The procedural rules for arbitration for this Contract shall be the
for Arbitration law of the Republic of Kenya.

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CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
GCC CLAUSES IN THE GCC

Sub-Clause 51.3 Language and The language of arbitration is the English language. The place
Place of of arbitration shall be Nairobi, Kenya.
Arbitration
Additional The following clauses are added to the General Conditions of
Clauses to Contract, namely, Clause 52.1: Initial Maintenance; Clause
General 52:2: Training: Clause 53.1: Pre-Shipment Inspection; Clause
Conditions 54.1: Bribery and Corruption; Clause 55.1: Adverting; Clause
56.1: Individuals Not Personally Liable; Clause 57.1: Progress
Reports and Meetings; and Clause 58.1: Details to be
Confidential.
Clause 52.1 Initial The Contractor shall make routine maintenance once a month
Maintenance during the liability for the Defects Period and shall carry out all
necessary adjustments and repairs, cleaning and oiling of
moving parts. A monthly report of the inspection and any works
done upon the installation shall be supplied to the Engineer.
The Contractor shall also provide a 24 -hour break-down
service to attend to faults on or malfunctioning of the
installation between the routine visits of inspection.
The Contractor shall allow in the Contract Sum of the initial
maintenance, inspection and break-down service and shall
provide for all tools, instruments, plant and scaffolding and the
transportation thereof, as required for the correct and full
execution of these obligations and the provision, use or
installation of all materials as oils, greases, sandpaper, etc., or
parts which are periodically renewed such as brake linings etc.,
or parts which are faulty for any reason whatsoever excepting
always Acts of God such as storm, tempest, flood, earthquake
and civil revolt, acts of war and vandalism.
Clause 52:2 Training
A person shall be identified from the school, who shall regulate
the system usage and carry out routine maintenance of the
systems. The contractor shall provide this person with user
training covering the following:
 System performance expectations and limitations
 Purpose of each component of the system
 How to operate and use the systems including safety
 Indicator Lights and their purpose
 How to deal with breakdowns
 Performance monitoring and data recording
 User manuals shall be availed at every institution
Clause 53.1 Pre-Shipment The Contractor should establish contact and liaise with the
Inspection Inspection Agencies, unpacking, handling etc. shall be paid for
by the Contractor. The Contractor shall give at least 21 days
notice before shipment to the Inspection Agency indicating the
place where the goods may be inspected and the expected time
of shipment. When requesting pre-shipment inspection the
Contractor shall provide the Inspection Agency with a copy of
the pro-forma invoice, Contract and any other document
relevant to the execution of the inspection. On Completion of
inspection the Inspecting Agency will issue a report of finding

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CLAUSE IN DESCRIPTION AMENDMENTS OF AND SUPPLEMENTS TO
GCC CLAUSES IN THE GCC

which will be either. i) A Clean Report of Findings if the

inspection yields a satisfactory result, or ii) A Non –negotiable
Report of Findings if the inspection reveals deficiencies. In the
case of a Clean Report the Contractor shall provide the
Inspection Agency immediately after shipment with a non-
negotiable copy of the Bill of Lading or Air Waybill and a copy
of the final invoice covering the Goods. When these documents
have been received the Clean Report of findings will be issued.
The Contractor is warned against the shipment of Goods, which
have not been inspected, or goods for which a Non-negotiable
Report of Findings has been issued by the Inspection Agency.
The Inspection of goods does not relieve the Contractor of its
contractual obligations to the Employer, and items may be
rejected by the Engineer if they fail to meet the requirements of
the Contract even though they have been cleared by the
Inspection Agency for shipment.
Clause 54.1 Bribery and If the Contractor or any of its sub-contractors, agents or and
Corruption servants shall offer or give or agree to person any bribe, gift,
gratuity or commission as an inducement or regard for doing or
forebearing to do any action in relation to the Contract or any
other Contract with the Employer or for showing or forebearing
to show favour or disfavour to any person in relation to the
Contract or any other contract with the employer then the
Employer may enter upon the Site and expel the contractor
therefrom and the provisions of Clause 45 shall apply as if such
entry and expulsion had been made pursuant to that Clause.
Clause 55.1 Advertising Any advertising mentioning the subject of this Contract must
be approved by the Employer prior to publication which
approval will not be unreasonably withheld.
Clause 56.1 Individuals not No member or officer of the Employer nor any one of the
Personally Liable respective staffs or the employees of the Employer shall be in
any way personally liable for the acts or obligations of the
Employer under the Contract or answerable for any default of
omission of the Employer in the observance or performance of
any of the acts, matters or things which are herein contained.
Clause 57.1 Progress Reports The Contractor will submit to the Engineer written detailed
and Meetings progress reports on monthly basis, indicating, the stage reached
in the delivery and site works.
The Contractor will be required to attend monthly progress
meeting at Employer’s site office.
Clause 58.1 Details to be The Contractor shall treat the details of the Contract as
Confidential confidential, save insofar as may be necessary for the purposes
thereof, and shall not publish or disclose the same or any
particulars thereof, and shall not publish or disclose the same
or any particulars thereof in any trade or technical paper or
elsewhere without the previous consent in writing of the
employer or the Engineer. If any dispute arises as to the
necessity of any publication or disclosure for the purpose of
the contract the same shall be referred to the decision of the
Employer whose award shall be final.

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 SECTION V: SUMMARY OF EVALUATION PROCESS

1. PRELIMINARY EVALUATION

The following are the requirements that SHALL constitute the evaluation criteria at the Preliminary
Evaluation Stage:

REQUIREMENTS TO BE MET BY BIDDERS-PART A

1 Confirmation that bidder documents/Attachments have been submitted in the Collaboration folder
of the SAP SRM System.
2 Confirmation that the bidder’s prices appear during tender opening. The entered prices in the
Items Tab of the SRM Portal must be same as the prices in the Tender form/price schedules and
the same prices are read out during opening.(award shall be based on the read out prices).
3 Submission and considering the following:-
a) Tender Security The security value SHALL be at least 2% (two percent) of the total tender.
b) Company or Firm’s Registration Certificate
c) E-PIN Certificate with both Vat & Income Tax obligations
d) Valid Tax Compliance Certificate
e) Certified CR12 form from Registrar of Companies
f) A written Power of Attorney signed before a commissioner of oath or Notary Public or a
magistrate in the Republic of Kenya.
4 Tender Security validity: The tender security provided shall be from a reputable Bank or Insurance
Company approved and Licensed by the Insurance Regulatory Authority (IRA).
5 Tender security validity. The validity of the tender security SHALL be 150 days from the tender
closing date.
6 Confirmation of the tender validity period. Tenders SHALL remain valid for 120 days from the
date of tender closing.
7 Confirmation of Submission and verification that all Standard Forms in the format provided in the
tender document shall be duly completed stamped and signed.
8 Confirmation of submission of designs and drawings
9 Confirmation of submission of technical specifications.
10 Submission of manufacturers Authorization
11 Submission of Detailed Mobilization Plan & Detailed Construction Schedule. This should be clear
and demonstrate/indicate for each activity how much time will be required.
12 Confirmation of submission of CVs and Academic Certificates for at least two Key Personnel.
13 Submission of EPRA certification for category solar C1 or V1
14 NCA Registration: Confirmation of the firm being registered with NCA in Solar Photovoltaic.
15 Submission Type Test Certificates and their Reports or Test Certificates and their Reports from
the designated bodies for full compliance with Tender Specifications for transformer and
substation equipment

NB. Tenders which do not satisfy any of the requirements set out SHALL be rejected as per
Public Procurement and Assets Disposal Act 2015 and shall not proceed to technical evaluation
stage.

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2. TECHNICAL EVALUATION

The following SHALL constitute the evaluation criteria at the Technical Evaluation stage:

1.1 Full compliance to Technical Specifications outlined in Section VI, Part 1 and Part 2. The
information contained in this section VI – Tables 14.1 to 14.5 for Solar Photovoltaic
Modules, PV grid tied inverter, Battery inverter charger, Storage batteries, Diesel generator
and Data monitoring system Transformer and substation equipment
This will be verified from the catalogues, technical brochures and drawings provided with the tender.
The Tables MUST be filled with the requested data/information. Failure to obtain relevant
information
from catalogues and the detailed technical specifications shall be treated as Non Responsive.

1. Confirmation of submitted designs and drawings meets the existing standards.

2. Type Test Certificates and their Reports or Test Certificates and their Reports from the
designated bodies for full compliance with Tender Specifications for transformer and
substation equipment.
3. Detailed Mobilization Plan & Detailed Construction Schedule. This should be clear and
demonstrate/indicate for each activity how much time will be required.
4. Verification of Professional Qualification and experience for key staff, which key staff shall
be the Project Supervisor, two (2) Technicians. The Project Supervisor shall have at least a
Higher National Diploma in Electrical or Mechanical Engineering and Solar T3 license with
at least five (5) years of experience. The technicians shall have at least a Diploma in Electrical
or Mechanical Engineering with a minimum of two (2) years of experience. One technician
must be at least solar T2 licensed. Signed CV’s by the technicians and the owner/director and
Certified copies of Certificates MUST be submitted.
5. The Applicants should have at least 2 years past experience of installing solar PV systems.
The Applicant shall attach Purchase orders/ Contract and completion certificates as proof of
previous work done/ experience.
6. Manufacture’s ISO certification for quality management for the key equipment i.e inverters,
charge controllers, Solar modules, batteries, Transformer and substation equipment.
Certification should be valid.
7. Confirmation of business Premise, workshops and service center with relevant tools and
equipment whether owned or leased with evidence of valid lease agreements.
8. Environmental Management Policy for manufacturers of key equipment.
9. Manufacturer’s warranty for the key equipment on manufacturer’s letterhead

NB. Tenders which do not satisfy any of the requirements set out above SHALL be rejected as per Public
Procurement and Assets Disposal Act 2015 and shall not proceed to financial evaluation stage.

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3. FINANCIAL EVALUATION

The following SHALL constitute the evaluation criteria at the Financial Evaluation stage.

3.1 The Procuring Entity SHALL apply the prevailing mean exchange rate at the time of tender
closing for purposes of conversion of tender currencies into one common currency for
comparison of unit prices. The source of the prevailing exchange rate shall be the Central Bank
of Kenya.
3.2 Evaluation of the tendered price competitiveness amongst bidders.
3.3 Compliance with the stated REREC terms of payment.

NB: Tenders which do not satisfy any of the requirements set out above shall be rejected as
per Public Procurement and Assets Disposal Act 2015.

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 SECTION VI: SPECIFICATIONS

BUNA TRADING CENTRE SOLAR MINI-GRID SPECIFICATIONS

PART I

Power Plant Specifications

1. General Description
Rural Electrification and Renewable Energy Corporation (REREC) invites eligible bidders for the
design, supply, installation, testing and commissioning of 1No. 280kW solar PV-Diesel hybrid plant
in Buna Trading Centre Wajir County.

2. Project Location

The off-grid solar Photovoltaic (PV) Power Plant to be supplied and set to work under this contract
shall have an output of not less than 280 kW at the point of the Inverter Output. The plants shall be
installed in Buna trading center in off-grid county of Wajir.

Annex 1.

The document has tender for design, supply, testing and commissioning of a 1no. 280 kW solar PV-
Diesel hybrid generation plants complete with their solar modules, battery inverter charger (battery
control unit), solar batteries for back-up, dc-ac grid tied inverter with a capacity not less than 280
kW, intelligent controller/manager, mounting support, electrical controls, protection and
instrumentation, a diesel generator backup of not less than 75KVA and Step up substation
(0.415/11KV) complete with all associated accessories and civil works.

3. System Description
The off-grid solar PV power plant shall be configured as, 3-phase AC-Coupled system typology
where significant portion of daytime loads can be fed directly from the solar generator without
intermediate battery storage usage.

The solar PV hybrid power plant shall consist of the following main components:
 PV modules with PV grid tied inverters
 Deep-cycle valve regulated lead-acid batteries or lithium ion batteries as options
 Battery inverter charger
 Diesel thermal generator for reserve power
 Step up substation (0.415/11 KV)
The tenders are for design, supply and commissioning of a new solar PV hybrid generation plant
complete with its solar modules, PV grid tied inverter, valve regulated lead acid batteries or lithium
ion with battery rack, battery inverter, diesel thermal generator with automatic startup function,
mounting structure of modules, electrical controls, protection and instrumentation and Step up
substation (0.415/11KV) complete with all associated accessories and civil works. The plant shall be
installed at the Buna trading center.

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The design of the solar PV hybrid system shall be based on a centralized photovoltaic plant connected
to a 3-phase 415V AC bus line, where the multi-mode battery inverter and the diesel generator are
also connected.

The configuration shall follow an AC-coupling configuration, where the multi-mode battery inverter
operates as voltage source to utilize the grid. With the recommended option of AC coupled
photovoltaic, the PV grid-tied inverter act as current source, following the 50 Hz frequency of the
battery inverter.

The solar PV power plant is also equipped with a Diesel Generator, which shall be used normally as
reserve power. The diesel generator should switch on automatically whenever the battery state of
charge of the battery reaches a set depth of discharge. This will be defined at commissioning stage.
The diesel generator shall be sized to charge the lead acid batteries or other implemented storages at
C10 rates, so that the generator is operating at its optimum power rate. The diesel generator shall
comprise a 75kVA unit in three-phase operation. The diesel generator has to be equipped with
automatic startup function controlled by the battery inverter. The priority has to be given to use the
solar energy and the diesel generator will meet the energy deficit. In case of a power outage of the
battery inverter, the critical loads have to be bypassed to the diesel generator by manual switch over.

The battery bank shall be charged by solar power during the day. Its capacity shall be determined
with C10 capacity rate.

3.1 Description of Electrical Components and Requirements

3.1.1 PV Generator
The Photovoltaic Generator shall consist of Silicon Crystalline Photovoltaic modules of capacity at
STC of 300Wp or above. The PV modules have to comply with the standard norms IEC 61215 and
IEC 61730. An aluminum frame is applied around each module to protect the module from any
damage during transport, installation and operation.

The junction box behind the module with their positive and negative terminals has to be equipped
with bypass diodes and shall be at least with IP 65 protection and UV resistant.

The DC cable used with the PV generator must be able to withstand thermal and mechanical loads.
The insulation and jacket material has to be extremely resistant to weathering, UV-radiation, and
abrasion. The cables must further resist temperature up to 60°C. In general the wiring on the DC side
is required to be double insulated and with UV stable cables. It is recommended to use cable that is
flexible suitable for fixed installation as well as for thermal movement of modules.

3.1.2 PV Grid-Tied Inverter, AC-Coupling System Typology

The grid-tied inverter converts the DC direct current from the solar generator into alternating AC
current. The alternating current is generated by the battery inverter, and shuts down automatically
when the battery inverter or diesel generator is not supplying electricity. The installation can be
indoors or outdoors depending on the equipment manufacture recommendation. The device has to
be protected for harsh conditions with high ambient temperatures and dust. The PV inverter has to
comply with the international norm IEC 61727 and has to be all electrical protections on DC and AC
side.

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3.1.3 MPPT Charge Controller, DC-Coupling Technology
The main function of a charge controller is to protect the battery by regulating the energy generation
and consumption. This is done by limiting the voltage of the battery at charge and discharge mode.
Main features of charge controllers are to avoid over charging, disconnect of load due to low voltage
or SOC, and display charging and discharging current, battery voltage and State of Charge (SOC).
Charge controllers must be sized to the battery voltage, the maximum output current of the PV. It is
advised to use MPPT charge controller for higher efficiency and to avoid mismatching of solar
modules.

The charge controller has to comply with safety of power converters for use in photovoltaic power
systems. Part 1: General requirements IEC 62109-1.

The design of the system is AC-Coupled technology hence aforementioned charge controller which
DC-coupled is for technology information purpose and not to be part of the design.

3.1.4 Battery Inverter Charger

The battery inverter charger has to be a bidirectional sinusoidal inverter. The core function of the
battery inverter charger is to control the instantaneous power consumed from the renewable energy
source and the diesel generator according to the battery voltage. The following should be inbuilt into
the inverter charger and shall be capable of performing the following:
 Determine when the load exceeds power available from the PV plant and stored energy
 Control the PV grid tied inverters over frequency shift
 Signal for the diesel generator to start-up automatically
 Synchronization on the diesel generator grid
 Signal for the diesel generator to shut off when battery is full charged or dependent from
Battery State of Charge.
 Grid computability, if utility grid reaches the solar PV hybrid power plant can be used as
back-Up System
In addition it shall have the following capabilities:
 Real time monitoring of state of charge, battery current, battery temperature, frequency and
voltage, energy in/out value
 Storage of data for future reviews
 Battery management
 Generator management
 Load management
The DC input voltage for the battery inverter shall be 48 V. Higher DC-voltage for the battery inverter
can be proposed if a cost competitive and reliable solution is available and meet the requirements
stated above.

The battery inverter charger shall be from a manufacturer of international reputation and shall have
a proven record of control and monitoring of solar PV hybrid systems. The equipment has to support
upgrades and enhancements without the need for modification or replacement. The Contractor shall
provide evidence of the manufacturer’s compliance to this requirement and shall also provide
evidence that the manufacturer is able to support the equipment for a period of at least five years.
The support shall include the ability to provide spares for the equipment supplied and to provide
engineering support and software services for any extensions and expansions required.

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3.1.5 Battery Storage
The battery storage shall be a type for deep discharge operation, lead acid or lithium ion. The battery
cycle life for discharge/charge regular cycles down to 80% DOD shall be more than 2000 cycles
(according to
IEC 896-1). The design lifespan of the batteries shall be of at least 8 years. The battery has to follow
the C10 capacity rates according to DIN 43539-9.

A lead acid “valve regulated” OPzV type is maintenance free regarding water refilling. The valve
regulated type has to be designed to DIN 40742.

Not more than 4 battery strings in parallel for increasing the battery capacity are recommended for
lead acid battery types, less than 4 battery strings in parallel are advised to avoid unbalancing. Lead
acid batteries must be periodically be fully recharged to prevent sulfatation.

New battery technologies with performance and economic advantages could be an opportunity in
case they meet the requirements for performance and battery cycle life. A dedicated battery
management system for these technologies has to protect cells and battery banks from over charge
and over discharge and, from overheating during charge and discharge.

The battery storage and electrical connection can be installed indoors or outdoors depending on the
equipment manufacturer recommendation. When indoor installation is required the bidder shall
summit with the bid document a detailed design of the proposed housing structure.

The battery storage and electrical connection shall be closely installed to the battery inverter. A
vented battery type has to be installed in a separate battery room. The room has to be prepared with
a special battery tray to protect the environment and humans for any electrolyte spill. A sufficient
air ventilation scheme during gassing process has to be secured. All electrical equipment in the
battery room has to be certified through a certificate for use in hydrogen atmosphere. The battery
cables shall follow the higher temperature rating higher than 20 °C above ambient temperature. All
further accessories like battery fuses, cables, connectors have to be rated for DC use.

3.1.6 Diesel Generator

The Diesel Generator shall have a 3-phase 75KVA power output with 415 V at 50 Hz. It should
include a highly corrosion resistant enclosure, control panel and monitoring, fuel tank and circuit
breaker protection. The diesel generator shall be suitable for outdoor installation and shall perform
accordingly with the battery inverter and the system design. The diesel generator shall work in a fully
automatic manner with the above stated component. A concrete plinth to be constructed for the
generator placement plus a shed of steel hollow sections and IT 4 sheets to engineer’s approval to
house the generator

3.1.7 Data Monitoring

In order to achieve a high performance of the solar PV hybrid power plant, the incorporation of
automatic data acquisition and monitoring technology is essential. This allows that the yield of the
PV plant can be monitored easily and compared with calculations made from solar irradiation data
to raise warnings on a daily basis in case of a shortfall. Important information on for example State
of Charge of the battery storage and other relevant energy and power value from the system including
time stamps of diesel generator operation can be detected and rectified before they have an
appreciable effect on the system performance. A data monitoring system shall be installed to meet
the requirements above and has to give the opportunity to receive the system data via GSM and to
allow remote access to the solar PV hybrid power plant. The electrical power supply of the data

78
monitoring system shall be from DC power of the battery. Corresponding electrical adaption of the
monitoring to the DC power supply level shall be installed.

4. Equipment Housing

4.1.1 Power House

The Multi-Mode Batteries, Battery Inverter, PV grid tied Inverter, data monitoring equipment, and
all monitoring equipment shall be installed indoors or outdoors with natural air ventilation according
to the equipment manufacturer’s recommendations. All electrical boards and LV protections will
also be installed indoors. The battery storage shall be installed indoors or outdoors with natural air
ventilation according to the equipment manufacturer’s recommendations. All recommendation and
regulations for installing the selected batteries in has to be taken into account. The Diesel Generator
shall be installed outdoors.

The Power House shall also be equipped with safety and protective elements required for operations,
maintenance and emergencies. This will include fire extinguisher, water source for rinsing off acid
splashes, baking soda (bicarbonate) for neutralizing acid spills, protective goggles and clothing, etc.
 Natural ventilation is must for all rooms / compartments in the Power House.
 “Double Layer Roof” to reduce heating room from direct sunlight.
 Outer roof layer must be big enough to avoid direct sunlight heating technical rooms /
compartments, over the course of the year.

4.1.2 Housing Solution

The battery inverter charger, PV grid tied inverter, and all monitoring equipment shall be installed
with natural air ventilation according to the equipment manufacturer’s recommendations in a
standard structure and the tenderer to submit with the bid document detailed design of the structure
which will house all the equipment and present for approval. The structure has to be delivered and
placed on reinforced concrete blocks by the tenderer. The Structure shall be further placed under an
open shed made of steel hollow sections and IT4 sheet roof so that direct sunshine does not fall on
structure and there is adequate space between the shed and Structure to allow air circulation. The
place has to be appropriate and protected from lightning. Location has to be chosen that no heavy
rain or seasonal flooding can enter the structure. Foundation above ground has to be minimum 2
steps, each 14 cm.

Thermal insulation inside the structure is advised. Proper wall mounting support for Inverter and AC
distributions is advised. Pre-installed Inverter and other equipment is not recommendable.
Preinstalled equipment will lead to loss of manufacturer warranty as damage may occur due to
transport (shaking). Pre-installed battery is not possible due to safety regulations.

The PV grid tied inverters shall be installed under the solar panels mounting with a small shed
above to reduce risk of rain/water on the inverter but with adequate room for air circulation to
reduce temperature build-up. The grid tie inverters shall have protection of at least IP54

4.2 Electrical Installation

In the case of a power outage of the core component the battery inverter, the critical loads have to be
bypassed to the diesel generator and manually switched. Corresponding electrical installation
equipment has to be installed. An additional AC power output switch to disconnect the village from
the powerhouse or container solution shall be installed outside of the housing. The functionality is

79
 for maintaining the AC distribution grid in the trading center separate from the electrical equipment
in the housing to avoid non-authorized persons accessing the power room.

4.2.1 Electrical Protection

The solar PV hybrid system shall contain all necessary electrical protection to ensure the safety of
persons and goods. At the LV distribution boards, thermomagnetic circuit breakers with C trip curve
shall be included meeting IEC 60947-2 requirements. It shall also be included differential residual
current circuit breaker for the person protection (RCD).

It is also important to implement a lighting protection system, ensuring the coverage of the whole
PV plant, Power House, Container and Diesel Generator. Installation & Commissioning by approved
/ certified / licensed company.

4.2.2 Transmission and Distribution Line

The electricity distribution from the generation plant to the end consumers will be done by means of
a distribution line formed by a Medium voltages (MV) line at 3-phase 11 KV/ 50 Hz. This will be
done in a separate scope from this tender.

The power from the solar plant shall be connected to the electrical system of REREC through a 500
amps breaker and isolator of the same capacity to be provided by the tenderer. The tenderer shall also
provide and install an energy tariff meter complete with current transformers (CTs) for measuring
energy generated by the solar PV hybrid power plant and .

4.3 Balance of System

The Balance of System (BOS) encompasses all components of a solar PV hybrid power plant that
includes wiring, switches, a mounting system, one or many inverter battery bank. and charge
controller. BOS refers to all components of a PV system other than the modules. In addition to
inverters and racking, this includes the cables/wires, switches, enclosures, fuses, ground fault
detectors, and more.

4.4 Module Mounting Structure

The solar power plant including the solar modules shall be installed in the parcel land/space provided
by REREC. The modules shall be fixed about 1.2 m above the ground for the low height side and
maximum of 1.5m above the ground for the high height side in case of a 2m length solar panel or
any other height on the high height side as long the tilt angle is not more than 15o from the horizontal.
They should rest on aluminum frames or standard hot dipped galvanized steel of not less than 60mm
x 40mm using stainless steel bolts. The frames shall rest on aluminum fixtures or racks that are firmly
anchored to the ground with a layer of ballast aggregate of 16mm size laid on the ground 50mm thick
below the solar PV arrays. The number of rows in each solar PV array shall be no more than three
(3). Setting of the angle of inclination and orientation of the modules shall be computed and done on
site by the tenderer so as to give maximum power radiation at midday. The modules must be of
proven design and the tenderer must indicate countries where they are manufactured, countries where
they have been used and for how long.

The module-mounting frame has to be earth grounded. The modules shall have a tilt angle of not
more than 15° from the horizontal.

80
4.5 General Rating
The solar PV hybrid power plant has to be capable of producing the maximum output under the
continuous ambient temperatures, altitude and relative humidity given below:

Temperature: Max. 45 degrees Celsius

Min. 18 degrees Celsius
Average 32 degrees Celsius

Relative humidity: 90 – 100 %

5. Main Technical Specification of Solar PV Hybrid Power Plant

Table 1 summarizes the required main technical specification of the solar PV hybrid power plant.

Pos 1 General Specification

1.1 Name of project site Buna Town solar mini grid
1.2 Coordinates
1.3 Site altitude
1.4 Daily load demand 500 kWh/day
1.5 Annual yearly demand rising for the next 5 3%
years
1.6 Renewable Energy fraction 90 %
Pos 2 Solar PV Generator
2.1 Solar PV Generator Capacity (Minimum) 280 kWp
2.2 Module type Silicon Crystalline
2.3 Module nominal power >300 W
2.4 Grid-tied inverter type String inverter
Pos 3 Battery Inverter/Charger
3.1 Inverter type Bidirectional Inverter
3.2 AC output P30 min @25 ° 280kW
3.3 Wave form type Sinusoidal
3.4 Minimum Efficiency 94 %
3.5 Power output Low voltage 3-phase
Pos 4 Battery Storage
4.1 Battery type Valve regulated lead acid or Lithium-Ion type
4.2 Battery Voltage => 48 V DC
4.3 Battery Capacity rate C10 18000Ah
4.4 Battery cycles 2000 at 80% DOD
Pos 5 Diesel Generator
5.1 Fuel type Diesel
5.2 Generator type Synchronous generator
5.3 Generator power output 3-phase
5.4 Number of generators 1
5.5 Rated power 75 kVA
5.6 Start behavior Automatic-startup
Pos 6 AC distribution line (To be done by REREC)
6.1 Distribution type Medium voltage 11KV/50 Hz
6.2 Number of LV transformer None

81
 Pos 7 Data Monitoring system
7.1 Energy and power values from solar PV 1No.
power plant
7.2 Data from battery management 1No.
7.3 Digital energy tariff meter for the Trading 2No.
Centre Out Put
7.4 Control Panel for Energy and power values 1No.
from Diesel Generator)
7.5 GPRS/ GSM Modem for remote assess 1No.
7.6 Meteorological sensors (solar radiation, 1No.
ambient temperature)

Table 1: Required technical specification of the solar PV hybrid power plant

5.1 Daily Load Profile

Figure Below shows a load profile as an example consumption characteristic on a 24 hour time
scale.

1.1.1 Example of a load file that can be used in sizing a solar hybrid mini-grid

6. Documentation
All work steps will be documented in detail throughout the construction phase. The documentation
will include as build plans, datasheets, technical specifications, and installation and operation
manuals for each component of the installed system.

6.1 Operation & Maintenance Manuals

One (1) original and two (2) copy sets (hard and soft copies) of comprehensive operating and
maintenance manuals bound in hard covers shall be supplied prior to handing over the plant to the
employer. The manuals shall detail out the operating regimes and critical settings and tolerance to be

82
 maintained during inspection of the plant. The O & M manuals will be provided after completion of
the installation.

6.2 Drawings
The tenderer shall submit together with the tender document drawings and parts identification lists
for every item of the plant together with a full list of all sub-contractor’s addresses fax numbers,
emails, etc. The drawings shall contain exploded views/diagrams of the main assemblies comprising
the plant together with a means of identifying each component including its part number, reference
and description as per the manufacturer’s coding system. The contractor’s coding system shall not
be acceptable.

The tenderer shall submit with original and two copies of his tender general arrangement drawings
and typical details of the essential items of the plant offered which will be used in during the erection
period.

All drawings shall be submitted folded to A4 size with the drawings box visible on the outside. After
commissioning the plant, two sets of as built drawings will be handed over to the Employer, which
shall include but not limited to:

 General arrangement drawings, assembly drawings, pipe work layouts, terminal point details,
foundation and erection drawings.
 Single line logic diagrams for all control systems and main electrical systems
 Wiring and pipe work diagrams, interconnection diagrams and schematic diagrams for
equipment modules and systems.

After award of the tender, discussions will be held with the employer on the drawings submitted
with the tender that will lead to final approval of the drawings by the employer. Before the final
approval, the drawings shall be modified as necessary if requested by the employer.
The taking over certificate will not be issued until the built drawings, O&M manuals and catalogues
have been submitted and accepted by the employer.

7. Site Preparation
The tenderer or the local contractor has to prepare the site. The services will include all deliverables
as mentioned below.
The site preparation will include:

Trenching for underground cables, preparation of ways and pipes for wiring are not part of site
preparation. The installation contractor has to prepare and use a container as power-house in respect
with the individual components manufacturer installation notices if container solution is required

The tenderer will execute the following work in regards to the site set-up:
 Clearing of scrubs and leveling of grounds
 Erection of brick buildings to host the batteries, inverters and Generator if required
 The preparation of an adequate space where the container shall be placed if required
 Installation of a steel mounting structure on which the panels will be mounted.
 Storm water drainage works as may be necessary based on the topography of site provided

83
The installation company is to note that the steel mounting structure will be prepared according to
the dimensions of the quoted solar panels. The steel structure will be including the aluminum frames,
which are to be supplied by contractor.

8. Installation Phase
The installation phase will include the following steps depending on the solar PV hybrid power plant
design and specification:
 Mounting of modules on pre-installed mounting structures
 Installation of PV grid tied inverters and cabling with the AC distribution
 Installation of battery inverter charger and cabling with the battery and AC distribution
 Installation of battery bank and cabling with the system
 Installation of the Generator and cabling with the system
 Cabling of solar array, array to grid powerhouse or container
 Installation of auxiliaries and remote monitoring devices
 Labeling of the completed system
 System DC and AC wiring
 Installation of 0.415/11KV substation and associated protection systems
 Further necessary installation work

9. Commissioning Test
Complete commissioning of the power plant, function tests, and trial service of the power plant. All
installations and equipment will be inspected and their functionality will be tested. All components,
electrical works and civil works will be visually checked for compliance with the technical
specification, Guidelines/Manuals of delivered equipment, build plans, state of the art engineering
works.

Commissioning tests will be carried out to demonstrate that the solar PV hybrid power plant is
operated according to the technical specifications and under all available operating conditions. The
contractor will sign a final acceptance certificate.

The tenderer shall submit with the bid document a schedule of commissioning test to be contacted
during testing and commissioning and the expected output values where applicable

10. Operator Training

The technical commissioning of the solar plant will include training on the operation of the power
plant components. The training will include the maintenance of the batteries, the remote monitoring
and operation of the Generator both on manual and automatic mode. It will be verified that the
operating personnel are adequately trained.

11. Information for Installer Companies

The contractor is obliged to adhere to the Energy (Solar Photovoltaic Systems) Regulations from
2012, which state “A person shall not import, distribute, promote, sell or install any solar PV system
unless he is licensed by the Commission as a vendor.

84
12. System Layout
The solar PV hybrid power plant shall consist of following main equipment’s/components following
the design specifications of the contractor.
 Solar module array
 Mounting structure and civil foundation
 PV-Grid feeding inverters for AC coupling
 Battery inverter charger
 Battery bank
 Battery mounting rack
 Diesel generator and diesel tank
 0.415/11KV substation
 DC and AC-Cabling
 Control panel with switcher, disconnectors and safety elements
 Earthing and lightening protections.
 Data monitoring system
 Housing of equipment

a) 12.1 Schematic Diagram

The design of the solar PV hybrid power plant has to follow AC coupled architecture for 3-phase
operation. The system has to be modular expandable for future development. The installer has to
provide the schematic drawings for approval by the employer before installation.

12.1.1 AC-coupled PV Generator

Figure below shows the principal schematic of the solar PV hybrid power plant and their main
components with coupling the PV generator on AC-side.

AC-Coupled PV design

85
13. Notice Board
A notice board 1.5m by 1m made of a continuous sheet metal with steel angle line supports 2” by
2” by 3mm and 1.5m high shall be erected at the gate of the beneficiary institutions and shall read
as thus:

THIS SOLAR PV HYBRID SYSTEM

AT
(FULL NAME OF THE TRADING CENTRE
HAS BEEN IMPLEMENTED BY THE NATIONAL GOVERNMENT THROUGH

RURAL ELECTRIFICATION AND RENEWABLE ENERGY CORPORATION

HAS BEEN IMPLEMENTED BY THE NATIONAL GOVERNMENT THROUGH

This writing should cover over 80% space of the notice board (65mm Text Height).
Any other writings should strictly not be included.

Part II

1.1.2 14. Detailed Technical Specification and Requirements

The proposed project under this tender for setting the solar PV hybrid power plant shall broadly follow
technical specifications given below.
 These specifications describe the requirements for the equipment. Tenderers are requested to
submit with their offers the detailed specifications, drawings and catalogues, for the products
they intend to supply. The details in the provided catalogues SHALL be used in the tender
evaluation for specification compliance.
 Tenderers must indicate on the specifications sheets whether the equipment offered comply
with each specified requirement and where that information can be found in the
catalogues.
 All the dimensions and capacities of the equipment to be supplied SHALL not be less than
those required in these specifications.

The Tenderer shall indicate in the technical specification of each component brand name, model and
country of origin. Comparative specification should indicate any derivations from technical
parameter, design, or functional description of tender specification. If there is no derivation to the
left side, please state, “YES”.

14.1 Documentation and Instructions (Required during installation and commissioning)

For each product offered the following documentation has to be included:

86
 Tender´s details/response.
PRODUCTS DOCUMENTATION AND
No. Cooperative specification Enter
SPECIFICATION
value or YES as appropriate
Product description and data sheets, manufacture
1
description, and operation manual
2 Installation instructions
3 Connection plans, single line diagram
Commissioning instructions, manual for start and stop
4
operation, commissioning protocol
5 Operating instructions, do´s and don´ts
Maintenance instructions, maintenance interval,
6
maintenance effort, necessary staff
7 Error sources, error diagnosis and troubleshooting
instructions

14.2 Solar Photovoltaic Modules

Tender´s Evidence from
details/response. support
Cooperative document: of
1. SPECIFICATION OF PV MODULES specification Name and
Enter value or document
YES as page no.
appropriate
1.1 Name of Manufacturer, Brand Name, Model, Type YES
1.2 Cell type crystalline
Solar cells encapsulated in EVA (ethylene-vinyl acetate); anti-
1.3 reflection coating; module on the front side protected by tempered,
highly translucent glass.
1.4 Glass-foil laminated in anodized aluminum-frame
Weather resistant Junction box with 3 Bypass-diodes on the backside
1.5
of the modules with protection class min. IP 54
1.6 Wiring of the modules with pin-and-socket connector according to
EN 50521
1.7 Quantity of cells
1.8 Temperature coefficient Pmpp: <=-0.43%/K
1.9 Temperature coefficient Voc: <=-0.33%/K
1.10 Temperature coefficient Isc: <=0.051%/K
1.11 Operating temperature range: up to 85 °C
1.12 Module efficiency at IEC-conditions > 18.0%
1.13 Positive power sorting
1.14 10 years product warranty
25 years linear performance guarantee (90% up to 10 years and 80%
1.15
up to 25 years)
1.16 CE- conformity, DVE GS, TUV quality certified for product
1.17 Horizontal and vertical assembly possible
High Mechanical load (acc. IEC 61215 (5400Pa superimposed load
1.18
and 2400Pa suction load))
1.19 Pre-cabled with MC4 Plug –connectors (IP 65)

87
 Nominal power at IEC-Conditions (radiation 1000W/m2, Air-Mass
1.20
1.5 25°C)
1.21 Product certification IEC 61215 (Ed.2)
1.22 Protection class II/ IEC 61730
1.23 Salt mist corrosion test IEC 61701 ed. 2.0
Nominal operating
1.24 cell
temperature (NOCT) 47 °C +-2 °C
1.25 Documentation: English Please indicate:
1.26 Current at maximum power point (A)
1.27 Voltage at maximum power point (V)
1.28 Tolerance
1.29 Cell dimension (length x width) in mm
Module dimension (length x width x
1.30
height) in mm
1.31 Module weight in kg

14.3 PV Grid Tied Inverter

Tender´s details/response. Evidence from
Cooperative specification support document:
Enter value or Name of
2. SPECIFICATION FOR GRID TIED INVERTER YES as document and page
appropriate no.

2.1 Name of manufacturer, Brand name, Model, Type

2.2 Type of Inverter
2.3 Quantity of Inverter
2.4 Display Integrated
2.5 Integrated protection functions Thermally
monitored Varistors
2.6 Ground fault detection yes

Single Inverter specification

2.7 Max. DC power at cos =1 <50000Wp
2.8 Max. input voltage 1000 V
2.9 MPP voltage range 245V-900V
2.10 Rated power at 240 V/415V, 50 Hz kW
2.11 Max. AC apparent power < 50000 W
2.12 Max. output current (A)
2.13 AC nominal voltage (V)
2.14 AC grid frequency 50 Hz
2.15 45,5 - 54,5Hz
Programmable range of AC frequency
2.16 55,5 – 64,5 Hz
2.17 Programmable range of AC-Voltage 180-280 V
2.18 Max. Efficiency >95 %
2.19 Euro. Efficiency >94 %
2.20 Operating temperature range -25
…+
2.21 Degree of protection > IP 30

88
 Tender´s details/response. Evidence from
Cooperative specification support document:
Enter value or Name of
2. SPECIFICATION FOR GRID TIED INVERTER YES as document and page
appropriate no.

2.22 Communication RS 485

2.23 Anti-Islanding protection yes
Grid monitoring guard to assure high grid
2.24
stability yes
2.25 DC solar switch yes
2.26 Integrated DC surge protection class II IEC 61643-11
2.27 Salt mist test EN 60068-2-52
2.28 Warranty 5 years
2.29 Warranty option 10 years
2.30 Documentation English

Tender´s details/response. Evidence support from of

Cooperative specification document: Nam and
3. SPECIFICATION FOR BATTERY INVERTER CHARGER Enter value or document page
YES as
no.
appropriate
3.1 Name of manufacturer, Brand name, Model, Type
3.2 Type of Inverter Bidirectional operation
3.3 Quantity of inverter Pcs
Total AC output power for
3.4 P 30 (output power for 30 kW P30
minutes)
Single Inverters
parameters
3.5 Nominal output voltage 240 V (202 V-253 V)
(range)
3.6 Nominal frequency 50 Hz
3.7 Nominal frequency range 45-65 Hz
3.8 Nominal AC power output at 25°C (8kw minimum)
3.9 AC power output for 30 min/1 min/ 5 se c
3.10 Max. AC current output 120 A (for 60 ms)
3.11 Total harmonic distortion <3 %
3.12 Power factor (cos f)
3.13 Sinus modulation Pure sine wave
3.14 Max. efficiency >94 %
3.15 Efficiency at 5% -120% >90 %
Pnom
3.16 Self- power consumption
with no load (stand by) <30 W (< 4W)
3.17
Generator input voltage parameters
Nominal generator
3.18 input voltage 240 V (72.5 -250V)
(range)
Nominal generator input
3.19 50 Hz (40 Hz- 70 Hz)
frequency (range)
Integrated transfer switch yes

89
 Tender´s details/response. Evidence support from of
Cooperative specification document: Nam and
3. SPECIFICATION FOR BATTERY INVERTER CHARGER Enter value or document page
YES as
no.
appropriate
3.20 Minimum generator input 50 A
current
3.21 Nominal battery voltage (range)
3.22 Continuous charging current
3.23 Maximum charging current
3.24 Serviceable battery capacity 100 Ah – 10000 Ah
3.25 Serviceable battery types FLA, VRLA, Lithium
3.26 Protection class > IP 20
3.27 Housing material Metal/Aluminum die casting
Temperature controlled
3.28 Cooling principle
active cooling
3.29 Ambient working temperate -25 °C … + 55 °C
range
3.30 Systems configuration Master/Slave principle
options
3.31 1-phase operation
Extendable to 3-
3.32 phase with
addional devices
3.33 AC and DC coupling
3.34 Modular extendable
3.35 Battery management Determination of SOC
Automatic deep
3.36 discharge
protection
3.37 Automatic overcharge protection
IUoU charging concept with
3.38 automatic full and equalization
and charge
Adjustable warming time,
3.39 Generator management cooling time and minimum run
time
Monitoring of
3.40 voltage and
frequency
3.41 Reverse power protection
3.42 Generator power support
3.43 Inverter protection features Anti-islanding protection
3.44 Short-circuit protection
3.45 Over temperature protection
3.46 Over load protection
Visual operation indicators by
3.47 Monitoring features
LED/ Display
Remote access and monitoring
3.48 via external data logger and /or
GSM connection
CE
EN 61000-6-1, EN 61000-6-3,
3.49 Certification/conformity EN 55014, EN 55022, EN
610003-2, 62040-2, IEC 62103

90
 Tender´s details/response. Evidence support from of
Cooperative specification document: Nam and
3. SPECIFICATION FOR BATTERY INVERTER CHARGER Enter value or document page
YES as
no.
appropriate
3.50 Warranty 5 years
3.51 Optional warranty 10 years
3.52 Documentation English

14.4 Battery Storage

Tender´s Evidence from
details/response. support document: Name
4. SPECIFICATION FOR THE BATTERY STORAGE Cooperative specification of document and page no.
Enter value or YES as
appropriate
Stationary Valve regulated lead
Type of battery
acid battery
4.1 Name of manufacturer, Model, Type
Brand name,
4.2 State of charge Pre-charged
4.3 DC-Voltage V/cell
4.4 DC-Voltage battery bank V
4.5 Qty of cells
4.6 Capacity at C10 capacity rate 1,8 V/cell
4.7 Designed according DIN 40736 part 1
4.8 Certification IEC 60896-21/22, IEC 61427
Self-discharge per month
4.9 < 3%
at 20° degrees
Cycles at 80% DoD
4.10 > 2000
(according to IEC 896-1)
4.11 Max. DOD in operation < 70 %
4.12 Fully isolated connectors
4.13 At least 8 years
Type of battery Lithium – system
4.14 Name of manufacturer, Model, Type
Brand name,
4.15 Type of technology
4.16 State of charge Pre-charged
4.17 DC-Voltage V/cell
4.18 DC-Voltage battery bank V
4.19 Qty of cells
4.20 Capacity At C10 capacity rate
4.21 Designed according DIN 40736
4.22 Certification IEC 60896-21/22, IEC 61427
Self-discharge per month
4.23 < 3%
at 20° degrees
Cycles at 80%
4.24 DoD(according to IEC > 2500
896-1)
4.25 Max. DOD in operation > 80 %
At least 20 years without more than 20% of the rated C 10
4.26
losing capacity

91
 Tender´s Evidence from
details/response. support document: Name
4. SPECIFICATION FOR THE BATTERY STORAGE Cooperative specification of document and page no.
Enter value or YES as
appropriate
Battery management
4.27 Cell balancing
system (BMS)
Protection overcharge,
4.28
over discharge each cell
Protection over and
4.29
under temperature
Isolation of battery if any of above
4.30
occur
4.31 Alert if there is a failure
Communication with Battery
4.31
inverter

14.5 Diesel Generator

Tender´s details/response. Evidence support from
Cooperative specification document: Name
5. SPECIFICATION OF 3-PHASE DIESEL GENERATOR of
Enter value or YES as document page no.
appropriate and
5.1 Name of manufacturer, Brand name, Model, Type

Type of Diesel generator Synchronous

5.2
generator
Diesel Generating Set, water cooled, incl. sound and
weather proofed canopy; Stationary version, incl. lifting
hook; tropicalized, ready for use, fitted as complete unit on
a rigid base frame (e.g. skid mounted), consisting of Motor,
Alternator, Battery, Fuel tank and separate switch board and
5.3
accessories mentioned below. Norms and reference values
to be followed: VDE, EN, DIN, ISO or equivalent norms.
In p articular VDE 0100, Part 551/560, VDE 0108, DIN
ISO 8528, DIN ISO 30 46 and/or norms or other guidelines
as may be mentioned in the present specification.
Output power (Tolerance + 2,5 / - 0 KVA) 75 kVA
5.4 taking into consideration the environmental
conditions
5.5 Output power 75 kVA
5.6 Fuel consumption at 50 % load l
5.7 Fuel consumption at 80 % load l
5.8 Overall efficiency %
Site of operation / Purpose / Environmental conditions
5.9 Outdoor installation up to +35°C, Altitude see, air
humidity 70 %
Environmental conditions Ambient
5.10 temperature
up to +35°C
CE declaration of conformity by the manufacturer exists.
5.12
Please attach the document to your offer.
Welded sectional steel base frame, warp resistant, lifting
5.13
hook on each corner for easy lifting
5.14 Motor, Norms and reference values: ISO 3046, DIN 6271,
BS 5514
5.15 Type: Diesel, direct injection, forced oil lubrication, fuel
transfer pump
5.16 Revs: 1500 rpm

92
 Tender´s details/response. Evidence support from
Cooperative specification document: Name
5. SPECIFICATION OF 3-PHASE DIESEL GENERATOR of
Enter value or YES as document page no.
appropriate and
5.17 Speed regulation: electrical
5.18 Cooling: water cooled, considering a surrounding
temperature of 40°C
5.19 Alternator, battery charging: Integrated 24V
5.20 Starter motor: integrated 24V
5.21 Starter battery fitted to the aggregate incl. hood, 24V, dry
pre-charged
Fuel tank: steel, fitted to the frame, incl. fuel level gauge.
5.22 Tank capacity: at least for a 8 hours run under maximum
continuous output.
5.23 Motor brand and designation, Model and Type
5.24 Number of cylinders and cubic capacity
5.25 Fuel tank capacity
5.26 Oil capacity
Motor capacity as per ISO 3046-7 based on 25°C intake
5.27 temperature, 25°C cooling water intake temperature, 1.000
mbar air pressure, 30% air humidity – (KW)
Motor capacity as per ISO 3046 in reference of the
5.28
environmental conditions, mechanical (KWm)
Motor capacity as per ISO 3046 in reference to the
5.29
environmental conditions, electrical (KWe)
Fuel consumption as per ISO 3046-1 including attached
5.31 pumps. Lower fuel heating value 42.700 KJ/kg Tolerance +
5% at PRP 100% load in g/KWh
5.32 Lubrication oil consumption (ltr/h) under standard
conditions
5.33 Alternator brand, model, type
5.34 Efficiency factor of Alternator
Alternator: Norms and reference values: VDE 0530, BS
5.35 4999, UTE NFnC
51.111, IEC 34.1, NEMA MG 21
Three-phase current alternator as per VDE 0530, internal
5.36 pol machine with damping winding, self-regulating, self-
starting
5.37 Voltage rigidity: max 5 %
Nominal voltage: Per phase 240V alternating current, 415 V
5.38
three-phase current
5.39 Frequency: 50 Hz
5.40 Power factor: cos phi 0,8
5.41 Insulation class: H or F
5.42 Isolation good for tropic climate
5.43 Radio interference suppression according to VDE 0875 “N”
5.44 Protection class DIN 40050, IP 23
5.45 G3 Classification according to DIN ISO 8528
5.46 Exhaust system, sound protection

93
 Tender´s details/response. Evidence support from
Cooperative specification document: Name
5. SPECIFICATION OF 3-PHASE DIESEL GENERATOR of
Enter value or YES as document page no.
appropriate and
Weather and sound proofed canopy incl. exhaust silencer.
High corrosion resistance: stainless covered with zinc and
made in dichromate. Large doors allow easy access to the
generator set for service and monitoring purposes. Lockable
5.47 doors with one window showing the control panel, fully
assembled for immediate use. Exhaust system fully
integrated (inner mounted).sound protection LWA below 89
dB (A)pW. Emergency stop button is accessible from
outside enclosure.
5.48 Please indicate:
5.49 Acoustic power (LWA) [dB (A)]
5.50 Acoustic pressure level at 1 m distance
5.51 Acoustic pressure level at 7 m distance
5.52 Acoustic pressure level at 10 m distance
5.53 Control fittings / Measuring Instruments / Switch board
Switch cabinet - vibration proof – fitted to the steel base
5.54
frame - Digital control panel
Motor protection accessories (Oil pressure, water
temperature, excessive revs) Generator protection switch,
5.55
thermic-magnetic overload protection, protection of
Instruments and indicators
Battery-charging control light, oil-pressure warning light,
excessive temperature warning light, light test, excessive
5.56
revs alarm, false start light, emergency-off light, central
warning light
Measuring instruments, switches; Ampere, Volt, frequency,
5.57 operation hours counter, Energy production, emergency
“off” button, manual mode switch
30 m reinforced electrical cable for electrical power supply,
5.58
under- or above ground use
5.59 5 m yellow-green cable with ground pin
5.60 Labeling of all components in English language
5.61 Please indicate:
5.62 Dimensions of one unit: (length x width x height)
5.63 Weight of one unit in kg (without any fillings)
5.64 Documentation
Manual for installation, commissioning and use plus a spare
5.65 parts catalogue for each part of the generator (motor,
generator, switch board, wiring diagram) in English
Spare parts / Maintenance parts / Consumables covering
5.66
1000 hrs of operation
5.67 2 pcs. Oil filters
5.68 1 pcs. Air filter
5.69 2 pcs. Fuel filter ext.
5.70 1 set of seals, screws, nuts, etc, for 1000 hrs of operation
5.71 1 pcs. V-belt
5.72 Standard tool set
Standard tool set to provide maintenance and small repairs
5.73
up to 1000 hrs of operation

94
14.6 Data Monitoring
Tender´s details/response. Evidence from
Comparative specification support
Enter value or YES as document: of
6 SPECIFICATION OF MONITORING SYSTEM
appropriate Name and
document page
no.
6.1 Name of manufacturer, Brand name, Model, Type

Data logging and

transmission of PV All inverter production data to be
6.2
inverter data or charge continuously transmitted via internet
controller
Programmable data resoluti on from 1
6.3 min: min - 60

6.4 DC current, DC voltage

6.5 DC power, DC energy
6.6. AC current, AC voltage
6.7 AC power, AC energy
6.8 Ambient temperature (°C)
6.9 Solar radiation (W/m2)
Transmission of inverter data by
6.10 Option
equivalent GSM or
One radiation sensor (precision >90%) for global horizontal
6.11 irradiance for the PV technology. Installed in shadow free position
with access for regular cleaning.
One sensor corresponding with the monitoring system including to
6.12
measure ambient temperature
Option: Three phase meters to be installed to measure power
6.13
delivered to the loads
Data monitoring supply from DC power supply of installed battery
6.14
storage with corresponding step down converter.

95
14.7 Balance of System (Required during installation)
Tender´s details/response Comparative
8. SPECIFICATION OF BALANCE OF SYSTEM (BOS) specification Enter value or YES as
appropriate
The following material/Equipment will adhere to the prescribed standards
8.1 Outdoor cabinets UV and water resistant material, min IP 54
8.2 MCB
8.3 MCCB
8.4 SPDs, class II IEC 61643-11
Cabinets/enclosures (where
8.5 applicable shall contain) Operating temperature up
to
Non-metallic fiberglass enclosures with clear
8.6 polycarbonate covers
8.7 Electricity meter Bidirectional, 3 phase class 0,5
8.8 IEC 60364
8.9 KS 04-192: 1988
AC cabling- Inverter
8.10 distribution to grid KS 04 -194: 1990
8.11 connection point KS 04 -187/188
8.12 KS 04 -290: 1987
8.13 Lightning protection IEC 62305
Miscellaneous accessories (if
8.14 applicable) Conduit outlets KS 04-179: 1983
and junction boxes

Tender´s details/response. Comparative

SPECIFICATION FOR DC CABLING AND CONNECTORS
9. specification. Enter value or YES as
The following material/Equipment will adhere to the prescribed standards
appropriate
9.1 Fine copper for PV string connection to inverter
Outdoor use TUV approval
9.2 TUV PfG 1169/08.2007
Nr.
9.3 Ozone resistant EN 50396
9.4 Flame retardant IEC/EN 60332-1-2
9.5 UV resistant HD 605/A1
9.6 Halogen free EN 50267-2-1, EN 60684-2
9.7 Acid + Alkaline resistant IEC /EN 60811-2-1
9.8 Low corrosively of gases EN 50267-2-2
9.9 Weather resistant HD 605/A1
9.10 DC wiring losses Total DC wiring losses max. 1,5%
9.11 EN 50521
DC connectors Crimped according to
9.12 manufacturer
instructions using only certified tools

96
14.8 Installation
Tender´s details/response. Comparative
10. INSTALLATION specification. Enter value or YES as
appropriate
Complete installation of all components and the complete system (see
10.1 attachment General Information, system description and scope of delivery).
Price to be mentioned as lump sum. Excluding material (10.2 to 10.20).
The installation of the solar PV hybrid power station on the site is in the
scope of the contract. The tenderers are notified that they will need (or their
local counterpart in Kenya) a V2 license to clear solar items from customs at
the Mombasa port. They will need as per the regulations a C1 license for
design and installation and minimum of a T1 certified solar technician in the
team to perform the solar installation. Applications for both C1 and V2
10.2 licenses can be obtained directly from the Energy Regulatory Commission.
It is however the contractor responsibility to keep schedule performance for
the installation in the case they choose to apply directly for C1 and V2
licenses. The current list of C1 and V2 certified companies would be
provided upon demand. The contractor refers to the design layout and the
supply and installation description document for the installation services.
Material for Pos. 10.2 to 10.17 based on initial estimates.
10.3 AC breaker
10.4 DC overvoltage protection
10.5 PV Cabling, 6mm² black
10.6 PV Clamping, MC4
10.7 PV Grounding Cable, 4mm² black
10.8 Grounding Rods, Steel
10.9 Cable trays, 150mm x 3m
10.10 Lightning Arrestors
10.11. AC Cabling, 50m, 6mm²
10.12 Power Meter
10.13 Energy Meter
10.14 CT's for power measurement
10.15 Power Measurement & Auxiliaries Cabinet
10.16 3G Router
10.17 Small parts (clamps, screws, smaller cables, etc)
10.18 PV Framing

14.9 Commissioning and training

COMMISSIONING AND TRAINING ON SITE Tender´s details/response. Comparative
11. specification. Enter value or YES as
The following shall be carried out during commissioning appropriate
Complete commissioning and trial operation of the system. Please
11.1
indicate.
Training on the operation of the power plant components,
11.2 maintenance and monitoring of the system. General information,
system description and scope of delivery. Please indicate

15. Performance Guarantees

Tender´s details/response.
12. PERFORMANCE GUARANTEES Comparative specification. Enter
value or YES as appropriate
Upon commissioning of the solar PV hybrid power plant and 1
month of operation the final acceptance of the solar PV hybrid
12.1
system will be confirmed after. During this one month the
contractor should fix all installation problems that arise.
After final acceptance, a 12 month defect liability period shall
12.2
commence.

97
Sub-Station Specifications

The Scope of the project;

A mini-grid comprising of photovoltaic solar (PV) generation, battery storage and a generator backup.
The entire generation is to be synchronized and managed by the solar PV controllers at 415Volts and
stepped to 11KV distribution network.
Protection at the HV (High Voltage) side shall be done with the 11KV autoreclosers which shall be
released for installation from the REREC stores.
All the LV protection up to the step up transformer to be enhanced by the feeder which shall be
installed in the 20feet air conditioned containers provided by the contractor.

II. GENSET
Minimum Spare Parts to Be Provided;

ITEM DESCRIPTION QTY

1 Fan belt 2
2 Air filter 4
3 Thermostat 1
4 Oil filter 10
5 Fuel filter 10
6 Engine Oil (litres) 210
7 Battery Water (litres) 10
8 Engine additive (litres) 10
9 Diodes set I set
10 AVR 1
11 Electronic Fuel Control Units (Governor) 1

Bidder to advice on additional critical spares as an option

III. CONTROL PANEL

ITEM DESCRIPTION QTY

1 Spring charging handle 1 Sets
2 Circuit breaker draw out handle 1 Sets
4 MCB of each type 1 Sets
5 Bulbs of each type of bulb 1 Sets
6 Circuit Breaker Control Switch 1 Sets
7 Ammeters with MDI for Feeder, with face plates for 1 Sets
both C.T. ratios

98
Specifications For 415 V Ac Metal-Clad Switchgear Board

1.0 General Specifications

1.1 Scope

This Specification covers the Design and Engineering, Manufacture, Testing at The
Manufacturer’s Factory, painting, packing for transport, insuring, shipping, delivering to the
port of Kenya, landing, customs clearing, Local Transportation and Delivery to Site,
Unpacking, Erection, Test and Commissioning of 415 V AC Indoor Metal Clad Switchgear
Panels.

Subsequent paragraphs will give detailed descriptions and requirements for the Switchgear
Panels, including Air Circuit Breakers, Current Transformers, Protection Relays, Metering,
and Measuring, Indicating and Control devices and other equipment/Devices, specified herein.

All these shall be housed in a 20 feet ISO (CSC certified) steel container. The steel
container shall be new, factory tested and have protective painting of 2 coat RAL9001
epoxy and polyurethane so as to withstand normal atmospheric conditions for the tropics
without requiring any housing. The Tenderer shall provide required physical protection
for the cables between the generators and the control container as there shall be no cable
trenches.

The minimum requirements for the control room container shall be as follows:
i. Sound proof by insulation panel
ii. Air Conditioning sufficient for the control room
iii. Door with anti-panic bar
iv. Lighting with fluorescent tube 2 x 40w
v. 2 power socket 10/16 amps + earth British Type
vi. 1 extinguisher 9 kg CO2

1.2 Standards

Ratings, characteristics, tests and test procedures, etc. for the 415V AC Metal-Clad
Switchgear Board and all the Protection Relays, Measuring and Indicating Instruments and
the control and monitoring devices and Accessories, including Current transformers shall
comply with the provisions and requirements of the standards of the International Electro-
technical Commission (IEC), and also relevant ANSI Standards where Specified.

The latest revision or edition in effect at the time of Bid Invitation shall apply. Where
references are given to numbers in the old numbering scheme from IEC it shall be taken to be
the equivalent number in the new five-digit number scheme. The Bidder shall specifically state
the Precise Standard, complete with identification number, to which the various equipment
and materials are manufactured and Tested. The Bid Document may not contain a full list of
standards to be used, as they only are referred to where useful for clarification of the text.

99
1.3 Service Conditions

From the geographical condition, the area where the switchgear panels shall be installed is
categorized into the tropical climate zone.
In choosing materials and their finishes, due regard shall be given to the humid tropical
conditions under which the switchgear panels shall be called upon to work. The Manufacturer
of the Switchgear panels shall submit details of his usual practice of tropicalization which have
proven satisfactory for application to the Switchgear panels and associated equipment to
prevent Rusting and Ageing in the Tropical Climate Zone. The Applicable standards for
tropicalization shall be listed.

1.3.1 Climatic Conditions & Geo-Reference

Unless otherwise specifically stated in Particular Technical Specifications, any

equipment or component or assembly shall be designed for the following service
conditions:

Parameter a.1.1 Max a.1.2 Min

III.1.1.1.a.1.2.i.1 Ambient air

temperature
Outdoor +40°C -1°C
Indoor +40°C -1°C
24 hour average maximum +30°C -1°C
III.1.1.1.a.1.2.i.2 Relative 90 -100%
humidity
Height above sea level 1000 m

EMC Class (IEC 61000) Industrial environments

Seismic coefficient 1.5
Rainfall conditions

Average 800-1700 mm/year

Maximum 160mm in 24 hrs

Annual mean isokeraunic level Max 180 thunderstorm days
Pollution (IEC 60815) Heavy :class II
Geo-Reference
Latitude (o)
Longitude (o)
Altitude (m) a.s.l.

100
 Switchgear room Temperature

The Switchgear shall be installed in a room without Air conditioning but with
ventilation to allow natural cooling. Therefore All the Protection and control
devices employed shall be capable of operating in this environment without failure
for their designed life time. Particularly the power supply modules of the
Protection and Control devices shall be designed for minimum heat generation and
effective heat dissipation to ensure that the temperature of these devices enclosed
in the relay panels at the above listed Ambient temperatures shall not exceed the
Maximum operating temperature of the device.

1.3.2 Tropicalization

(a) All equipment must be designed for operations in the severe tropic climate
conditions and fully comply with climatic aging tests as per IEC 60932-class
2
Metals:

Iron and Steel are generally to be painted or galvanized as appropriate. Indoor

parts may alternatively have chromium or copper-nickel plates or other
approved protective finish. Small iron and steel parts (other than rustless
steel) of all instruments and electrical equipment, the cores of electromagnets
and the metal parts of relays and mechanisms shall be treated in an
appropriate manner to prevent rusting.

Screws, Nuts, Springs, Etc

The use of Iron and steels shall be avoided in instruments and electrical relays
wherever possible. Steel screws shall be zinc, cadmium or chromium plated
or where plating is not possible owing to tolerance limitations, shall be of
corrosion resisting steel. Instrument screws (except those forming part of a
magnetic circuit) shall be of brass or bronze. Springs shall be of non-rusting
material, e.g., phosphor-bronze or nickel silver, as far as possible.

Working Stress And Equipment/Apparatus Design

1.4
1.4.1 General

The design, dimensions and materials of all parts shall be such that they will not
suffer damage under the most adverse conditions nor result in deflections and
vibrations, which might adversely affect the operation of the equipment.
Mechanisms shall be constructed to avoid sticking due to rust or corrosion.

The equipment and apparatus shall be designed and manufactured in the best and
most substantial and workmanlike manner with materials best suited to their
respective purpose and generally in accordance with up-to-date recognized
standards of good practice.

The equipment shall be designed to cope with 0.10G acceleration of seismology

on the centers of gravity.

101
 All equipment shall be designed to minimize the risk of fire and consequential
damage, to prevent ingress of vermin and dust and accidental contact with
electrically energized or moving parts. The switchgear panels shall be capable of
continuous operation with minimum attention and maintenance in the
exceptionally severe conditions likely to be obtained in a tropical climate and
where the switchgear is called upon to frequently interrupt fault currents on the
system and also where the duty of operation is high.

1.4.2 Strength and quality

Liberal factors of safety shall be used throughout, especially in the design of all
parts subject to alternating stresses or shocks.

1.4.3 Design data low voltage equipment

Low voltage equipment and installation shall be designed in accordance with EMC
directives. The rating and design criteria for low voltage equipment shall be as
follows:

(i) AC Supply Rating system

Rated voltage between phase 415 V

Connection type 3ph 4wire

Rated voltage between phase to earth 240 V
Grounding system Solid Earthing
IV. Frequency 50 HZ
Voltage variation +/-10%
Frequency variation +/-2%
Power frequency 1 min, Test Voltage 3 kV
The three-phase supply shall be used for power circuit and the single-phase
supply for lighting, indication, motor controls and similar small power
circuits.
Unless otherwise specified, the equipment provided under this Tender is to
be capable of reliable operation at voltages as low as 85% of the rated
voltage, and to withstand continuously up to 110% supply voltage above
the rated value of 240V single phase or 415V AC three phase.

(ii) DC Auxiliary Supply Rating

V. Equipment/Device Rated voltage 24V DC

Connection type 2 wire

Voltage variation 18-36 V DC
The Auxiliary DC Supply shall be used for controls, indication, alarm,
protection relays, and Circuit breaker tripping and closing circuit, e.t.c.
All equipment and apparatus including the Circuit Breakers, Protective
relays, Control Devices and Accessories, Measuring and Indicating
Instruments and electronic equipment shall be capable of satisfactory
operation at 80% to 125% of the rated supply voltage.

102
 Basic Requirements For Electrical Equipment

1.5
All materials supplied under this Contract shall be new and of the best quality and of the class
most suitable for working under the conditions specified. They shall withstand the variations
of temperature and atmospheric conditions arising under working conditions without
distortion, deterioration or undue stresses in any parts and also without affecting the suitability
of the various parts of the Works for which they were designed.

(a) Electrical controls, auxiliaries and power supplies

(i) Responsibility for electrical control and auxiliaries

The Manufacturer shall provide all control, indication, alarm and protection
devices and all auxiliary equipment with wiring and interconnecting cable which
are integral parts of or are directly associated with or mounted on the Switchgear
panels to be supplied under this Tender. The design of Protection and Control
schemes for the switchgear panels shall be subject to approval by the Employer.

(ii) Operation and control

Interlocking devices shall be incorporated in the control circuit to ensure Safety,

and Proper sequence and correct operation of the equipment.

(b) Measuring instruments

(i) All measuring instruments, including energy meters, shall be of flush-mounted,

back-connected, dust-proof and heavy-duty switchboard type. Each measuring
instrument shall have a removable cover, either transparent or with a
transparent window. Each instrument shall be suitable for operation with the
instrument transformers detailed in this specification, under both normal and
short-circuit conditions.
(ii) For analog type instruments, scale plates shall be of a permanent white circular
or rectangular finish with black pointer and markings. The scale range shall be
determined from the current transformer and voltage transformer ratios and is
given in the detailed specifications for each instrument.

All measuring instruments of analog type shall be approximately 110mm2

enclosures and shall be provided with clearly readable long scale, approximately
240 degrees. The maximum error shall be not more than one and a half (1.5)
percent of full-scale range.

(c) Indicating lamps

Indicating lamp assemblies shall be of the switchboard type, insulated for 24 V D.C.
service, with appropriately colored lens and integrally mounted resistors for 110-volt
service. The lens shall be made of a material, which will not be softened by the heat
from the lamps.

103
 For the Circuit Breakers, Red indicating lamps shall be used for “ON” position, green
lamps for “OFF” position Indication and Amber for Transition

Nameplate and Escutcheon Plates

(d)
(i) Each cubicle, panel, meter, switch and device shall be provided with a nameplate or
escutcheon plate for identification with English description and also where appropriate
the IEC Number on the front of the panel directly below each device as appropriate.
On the inside of the control compartment of the switchgear panel, a yellow label,
engraved in Black Letters and Numbers shall be fixed below each device. The Device
Name/Number fixed on the inside of the control compartment shall correspond to the
Name/Number used in the drawings. Each equipment shall be provided with a rating
plate containing the necessary information specified in the relevant IEC standards.

(ii) The plates shall be made of weatherproof and corrosion-proof materials and shall not
be deformed under the service conditions at the site. The entries on the plates shall be
indelibly marked by engraving with black letter on a white background.

Wiring

(e)
(i) General

(1) All wiring inside the switchgear panel shall be done with PVC insulated wire
not less than 2.5 sq.mm, flexible cable. A suitable wiring duct system firmly
fixed on the panel and having covers shall be installed for all inter-panel and
front-to-rear panel wiring as well as for wiring within the panels, which will
provide easy access for inspection and replacement of the wires.

(2) Wiring between terminals of the various devices shall be point to point. Splices
or tee connection will not be acceptable. Wire runs from the duct to the device
shall be neatly trucked or clamped.

(3) Exposed wiring shall be kept to a minimum, but where used, shall be formed
into compact groups suitably bound together and properly supported.

(4) Instrument transformer secondary circuits shall be grounded only on the

Terminal Block in the Control Compartment. Cable supports and clamp type
terminal lugs shall be provided for all incoming and outgoing power wiring
terminated at each panel. All wiring conductors (wires) shall be marked at each
point of termination onto the terminal block or device. These wire markers shall
be of an approved type and permanently attached to the conductor insulation.
The method of ferruling shall be subject to approval by the Employer; It is
however preferred that the Wire marker (ferrule) correspond to the device
terminal Number of the device or the Terminal Block Number where it is
terminated.

104
 (ii) Phase arrangement

The standard phase arrangement when facing the front of the panel shall be R-S-T-N,
and P-N from the left to right, from top to bottom, and front to back for A.C three-
phase and single-phase circuits. For DC circuit it shall be N-P from left to right, P-N
from top to bottom and front to back. All relays, instruments, other devices, buses
and equipment involving three-phase circuit shall be arranged and connected in
accordance with the standard phase arrangement wherever possible.

Terminal blocks
(f)
(i) Terminal blocks for control wiring shall be rated not less than 600V AC.

(ii) Each Individual Terminal Block shall be marked with a distinctive Number, which
shall be the same Number used in the drawings, for identification purposes. The TB
number shall be engraved in black numbers in white background.

(iii) Each set of terminal Block shall be identified by a label to distinguish it from another
set of terminal block with similar Numbers for the individual terminal blocks. The
labels used will match those used in the drawings.

Equipment And Switchgear Earthing

2.0
General
2.1
All the Compartments including the hinged doors of the Switchgear Panels and all the earthing
points of the equipment installed/mounted in the Switchgear panels shall be connected to the
grounding conductor at the bottom of the panel for external connection to the substation earthing
System.

Earthing conductors shall be of annealed high conductivity copper. The earthing conductor on
the primary equipment such as the Earth Switch and also for inter-panel earth-bonding as well
as for external connection to the substation Earthing – grid shall be adequate to carry the rated
switchgear short-circuit current of 65kA for 1 seconds.

Materials And Workmanship

3.0
General
3.1
Materials shall be new; the best quality of their respective kinds and such as are usual and
suitable for work of like character. All materials shall comply with the latest issues of the
specified standard unless otherwise specified or permitted by the Employer.

Workmanship shall be of the highest class throughout to ensure reliable and vibrations free
Operations. The design, dimensions and materials of all parts shall be such that the stresses to
which they may be subjected shall not cause distortion, undue wear, or damage under the most
severe conditions encountered in service.

105
 All parts shall conform to the dimensions shown and shall be built in accordance with approved
drawings. All joints, datum surfaces and meeting components shall be machined and all castings
shall be spot faced for nuts. All machined finished shall be shown on the drawings. All screw,
bolts, studs and nuts and threads for pipe shall conform to the latest standards of the International
Organization for Standardization covering these components and shall all conform to the
standards for metric sizes

All materials and works that have cracks, flaws or other defects or inferior workmanship will be
rejected by the Employer.

Assembly
3.2
Necessary items of equipment shall be assembled in the factory prior to shipment and Routine
tests shall be performed by the Manufacturer as per the requirements of the latest issue of IEC
as specified under each equipment in these specifications to demonstrate to the satisfaction of
the Employer that the Switchgear panels comply with the requirements of the relevant IEC
standards.

Casting
3.3
Casting shall be true to pattern, of workmanlike finish and of uniform quality and condition, free
from blowholes, porosity, hard spots, shrinkage defects, cracks or other injurious defects, shall
be satisfactorily cleaned for their intended purpose.

Operational Details
3.4
Instructions shall be engraved on the switchgear panel, on the circuit breaker compartment
describing in simple steps how to carry out correct and safe Isolation, racking-in and switching
operations on the circuit breaker. Similar details should be provided for the operation of the
earth switch.

Protection, Cleaning And Painting

4.0
All outside panel surfaces shall be primed, filed where necessary, and given not less than two
coats of synthetic undercoat. The finishing coat for the indoor installations shall be gloss paint.

Primer shall be applied to surfaces prepared in accordance with the plant manufacturer’s
instructions. The surface shall be wiped clean immediately prior to applying the paint. The
primer and finish coats of paint shall be applied using the methods and equipment recommended
by the manufacturer.

No painting or protection is required for finished or unfinished stainless steel parts.

The humid and tropical conditions shall be taken into account on selection of the paints and
painting procedure.

106
 Drawings
5.0
Before starting manufacture of the Switchgear panels, dimensioned drawings and data showing
5.1 all significant details of the equipment and materials to be used shall be submitted to the
Employer for approval. Four 4 weeks shall be allowed for discussions between the manufacturer
and the employer leading to final Approval of the drawings by the Employer. Manufacturing of
the switchgear panels shall not commence under any circumstances without receipt of Approved
drawings by the Manufacturer from the employer.

The drawings shall be modified as necessary if requested by the Employer, and resubmitted for
5.2 final approval.

The manufacture of the switchgear shall then proceed strictly in accordance with the Approved
5.3 drawings and also in accordance with the Detailed specifications as contained herein. Where
conflict may arise between the specifications and the approved drawings, the Specifications
will take precedence, unless it’s specifically indicated in writing on the Approved drawings
that the conflicting clause in the specifications is superseded, or where following discussions
between the Manufacturer and the employer, the employer gives approval in writing to
supersede the conflicting clause in the specifications.

It is to be understood, however, that approval of the drawings will not relieve the manufacturer
5.4 of any responsibility in connection with the works that the switchgear will fully comply with the
relevant IEC/ANSI standards and with these specifications.

All drawings submitted for approval or sent to the Employer for any other reason shall be
5.5 in hard copy form and shall be sent by courier. Drawings for Approval shall not by any
means be forwarded via e-mail or any other media except in hard copy form.

Following completion of the manufacture of the switchgear Panels, the manufacturer shall carry
out the following Checks and Tests before Inviting the Employer for Factory Acceptance Tests.
Dimensional checks for the switchgear Board and the Busbars. Primary Injection Tests to check
correct connection of the current transformers to the relays and instruments and Measuring
devices.
Electrical Functional Tests
Mechanical/Interlock checks.
Any problems noted will be rectified and the switchgear panels shall only be shipped once the
above tests and Checks are confirmed to be satisfactory.

Upon testing of the panels as in e) above the drawings will be edited to capture any minor wiring
errors detected in order to produce the final construction drawings. A copy of the final
construction drawings signed by the Manufacturer shall be send by courier to the employer
before the panels are shipped.

All Protection and Control drawings shall be done on A4 - size paper. The function of each
drawing shall be clearly indicated. Related drawings shall be arranged sequentially, and have
the same drawing number but different sheet numbers. The drawings shall include the
following; All Protection and Control drawings shall be done on A4 - size paper. The function
of each drawing shall be clearly indicated. Related drawings shall be arranged sequentially, and
have the same drawing number but different sheet numbers. The drawings shall include the
following;

107
 (a) Ac single line drawing

(b) AC Schematics

(c) DC Schematics

(d) Functional Drawings

(e) Panel wiring and cable terminations and schedules

(f) Panel device layout drawing

(g) General layout drawings for the switchgear panels

(h) Relays and accessories list.

Five (5) Copies of Final As built drawings shall be supplied after commissioning of the
Switchgear.

Operating And Maintenance Instructions

6.0
The Contractor shall supply detailed instructions manuals concerning the correct manner of
assembling/Installing/Erection, configuring, setting, Testing and Commissioning, operating and
maintaining the equipment and devices constituting the Switchgear Board, including the board
itself. The maintenance details of each component shall also be described, including the
frequency of inspections and lubrication.

The instruction manual shall include a separate and complete section describing the normal and
emergency operating procedures for the Switchgear, and shall include explanatory diagrammatic
drawings to facilitate understanding the instructions.

The Manufacturer shall, in preparing the instruction manuals, take into account the lack of
experience and familiarity of the Operators with this type of equipment.

The manual shall give specific information as to oil, grease, or any other materials needed for
maintenance operations. This information shall include brand names and manufacturer’s
numbers or designations for at least two brands available in Kenya, preferably manufactured in
Kenya.

A complete set of the Operating and Maintenance manuals for All the Plant, Equipment
and Accessories to be installed/mounted in the switchgear panels shall be sent to the
Employer together with the Drawings for Approval. The operating and maintenance
manuals shall be original copies printed by the manufacturer. Any illegible copies of the
operating and maintenance manuals submitted shall be rejected by the employer.

Before Approval of Shipment of the switchgear Panels, Five (5) Copies of the Operating
and Maintenance Instructions/Manuals shall be sent to the Employer by Courier. The
operating and maintenance manuals shall be original copies printed by the manufacturer.
Any illegible copies of the operating and maintenance manuals submitted shall be rejected
In addition, three (3) Soft copies of the manuals shall be sent to the employer by Courier.

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 a) Testing At Place of Manufacture
7.0
The manufacturer shall be responsible for performing or for having performed all the required
tests specified under the specification for the switchgear and all the Current Transformers,
Protection Relays, Energy Meter, Measuring and Indicating instruments.

Tenderer shall confirm the manufacturer’s capabilities in this regard when submitting tenders.
Any limitations shall be clearly specified.

Tender documents shall be accompanied by copies of Type test and Routine test reports &
certificates for similar rated equipment for the purpose of tender evaluation. Type test reports &
certificates shall be certified by the National Standards and Testing Authority (NSTA) of the
country of origin or by a third party Reputable Testing Authority. Where a body other than
NSTA is used to certify the type-test reports, a copy of the certificate of accreditation shall be
attached. Current contact information of the testing and certification authority shall be provided.
Tenderers should note that this requirement is Mandatory.

Upon completion of the manufacturing process, routine tests shall be carried out as per the
respective IEC standards of each equipment as follows:

(i) Circuit Breaker IEC 60298, IEC 60947

(ii) Switchgear panels, IEC 60294

(iii) Current Transformers, IEC 60044-1

(iv) Voltage Transformer, IEC 60044-2

(v) Protection Relays and Measuring and Indicating Instruments, IEC 60255 & 51

Only Upon receipt of Authentic certified copies of the Routine Test Reports/certificates and
special Tests shall the Employer give clearance for shipment of the Switchgear Board once all
the other listed requirements on Drawings, Instruction and maintenance manuals and software
are met.

Software
8.0
One copy of each different type of Software in a CD Rom, for Protection Relays and other
measuring and Control Devices whose Configuration and Settings is Software based and the
connection Cable (Two for each type of device) shall be sent to the employer by courier before
Approval for Shipment of the Switchgear Board is granted by the Employer. All the software
indicated in the Technical Schedules shall be supplied. The software shall also be capable of
downloading and analyzing data form the Relay/measuring device.

It shall be possible to load the software into at Least 2No. Different Laptop Computers without
requirement for additional licenses, in order to facilitate Operations. Where additional licenses
are required, the cost shall be considered to have been included in the bid.

One b (1) set of hard cover manuals for each type of software Supplied providing detailed
instructions for programming settings and configuration of the relays and other devices and
downloading of data, shall be supplied with the switchgear.

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 Spare Parts
9.0
The manufacturer shall furnish spare parts as listed in the specifications.

The spare parts supplied shall be packed or treated in such a manner as to be suitable for storage
under the climate conditions at the Site for a period of not less than two years, and each part
shall be clearly marked with the description and purpose on the outside of the package. The
manner of storage shall be recommended by the manufacturer.

Spare parts so provided shall be delivered with the switchgear to the employer’s stores. Delivery
of spare parts will not be deemed to be complete until the packages have been opened and their
contents checked by a representative of the Employer.

10.0 Detailed Specifications For 415 V Ac Metal-Clad Indoor Switchgear Panels

Construction For Each Panel

The whole switchgear equipment and components shall be designed and constructed in
10.1 accordance with IEC 60298 and IEC 60947. The Board shall be complete with all the relevant
components including, Busbars, Circuit Breaker, Cable Compartment, Instrument Transformers,
Protection Relays, instruments and controls.

10.1.1 The Switchgear Board, shall be constructed to 1P42 degree of Protection in

accordance with IEC 60529. A type test Report for the Degree of Protection of the
Switchgear panels from a third party Reputable Testing Laboratory or Certified by
the National Standards and Testing Authority (NSTA) or a laboratory Accredited to
the NSTA shall be submitted with the Tender for Evaluation Purposes.
10.1.2 The switchgear panel or cubicle shall be built up of separate metal clad-
compartmented cubicles with earthed metal partitions. The compartments shall be
for busbar, cable connection and current transformer, Air circuit breaker, and
Protection and Control compartments.

10.1.3 The Air circuit breakers shall be mounted on an inbuilt carriage to facilitate Isolation
and withdrawal of the Air Circuit Breaker. Where the carriage is fixed in the
compartment and does not allow complete withdraw of the Air circuit breaker outside
it’s compartment, then a purposely built Trolley shall be provided equipped with a
lowering/raising gear to lower the Air circuit breaker to the floor, and to raise the
circuit breaker to it’s compartment by one switching operator.

10.1.4 The complete switchgear shall be such that the complete switchboard is of flush-
front design.

10.1.5 All the Protection Relays, Auxiliary Relays, Energy Meters Indication Lamps,
Instruments, Control and selection switches and any other associated accessories will
be mounted in the Protection and Control compartment. All the Protection Relays,
Auxiliary Relays, Energy Meters Indication Lamps, Instruments, Control and
selection switches and any other associated accessories will be mounted in the
Protection and Control compartment.

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10.1.6 The cable compartment should have an anti vermin guard plate giving protection
against rats, rodents etc.

10.1.7 The Circuit breaker compartment door shall be provided with provisions for
padlocking.

10.1.9 The doors shall be capable of withstanding the effects of maximum internal arcing
fault without being blown off and causing danger to other equipment/personnel.

10.1.10 The busbar shall be single, three phase, air insulated. The primary busbars and
connections shall be of high conductivity and electrolytic material, high grade
copper, and shall be in unit lengths.

10.1.11 Busbars, connections and their support shall be rated 1600Amps continuously under
ambient conditions and capable of carrying the short-time current associated with the
short circuit ratings of the circuit breakers, of 65kA for 1 Seconds.

10.1.12 Busbars shall be extensible at both ends, such extension shall entail the minimum
possible disturbance to the existing busbar.

10.1.13 Provision shall be made for locking busbar and circuit shutters separately in the
Circuit Breaker compartment.

10.1.14 Provision shall be made for integral circuit earthing and for busbar earthing. Means
of earthing shall be by circuit breaker or purposely built earth switch. Mechanical
interlocks to ensure correct switching operation shall then be provided.

10.1.15 The earth switch shall be easy to operate by one operator and be spring loaded to
ensure Effective Make Operation independent of the Operator Action. The earth
switch shall be rated to make and carry for 3 seconds, the rated short-circuit current
of the Air Circuit Breaker.

10.1.16 The Status of the earth Switch shall be visible from the front of the Panel.

10.1.17 The operation of the Earth Switch shall be set in such a way that during both the
Close and Open Operations, a clearance of at least 9 inches shall be maintained
between the operating handle and the bottom of the switchgear panel.

10.1.18 It shall not be possible to insert the Earth switch Operating handle into Position
except when the Circuit breaker is in the Test or Isolated Position.

10.1.19 All earthing facilities shall be rated for fault making at the rated switchgear short-
circuit current.

10.1.20 The Panel wiring for protection, instruments, indication and metering circuits and
other control accessories shall be completely done. All circuits for connection to
external cables such DC & AC auxiliary supplies, external tripping, and Indications
shall be wired up to the terminal Block at the Back of the panel where external cables
shall be connected. At least 12 spare terminals shall be provided on the terminal
board for any future requirements.

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 10.1.21 It is emphasized that Each Switchgear panel will have a terminal block at the back
of the panel where all external cables such as Auxiliary DC supply, shall be made.

10.1.22 Auxiliary 24V DC supplies for Circuit Breaker control, Alarm circuits and Protection
relays, shall be controlled by suitably rated Miniature Circuit Breakers.

10.1.23 The cubicle shall be tropical vermin proof. The plates shall be of mild steel
thoroughly cleaned by shot blasting or other approved methods. They shall then be
given a primary coat and two coats of contrasting colour of durable and weather
resisting paint. The final coat shall be gloss and of Admiralty Grey (Shade 632) as
specified in BS 381C. The final thickness of the paint shall not be less that 80
Microns at any point within the switchgear panel

10.1.24 Anti-condensation heaters shall be provided inside each cubicle. They shall be
located so as not to cause injury to personnel or damage to equipment. The heaters
shall be controlled by a hygrostat with a variable humidity and temperature setting.
The Heaters shall be dimensioned to ensure that condensation cannot occur within
the switchgear panel.

10.1.25 The 240V AC supply, for the heaters shall be controlled by a suitably rated single
pole miniature circuit Breaker.

All the switchgear panels shall be rodent and vermin proof.

Circuit Breakers
10.2
10.2.1 The circuit breaker shall be three pole operated, indoor type, Air Circuit Breakers.

10.2.2 The moving portion of each circuit breaker shall consist of a three-pole circuit
breaker, operating mechanism, primary and secondary disconnecting devices,
auxiliary switches, position indicators and necessary control wiring. The Auxiliary
switches shall be of the plug-in type, with the male contacts mounted on the Breaker
carriage and the female contacts on the plug-in cable connected to the Panel wiring.
Other options may be considered where there is adequate proof that the auxiliary
contacts will always be making firmly without mis-alignment. Finger contacts will
however not be acceptable.

10.2.3 The circuit breakers of the same current and voltage ratings shall be fully
interchangeable, both electrically and mechanically.

10.2.4 Name plate for the circuit breaker shall be provided with all the required details as
per IEC Standards.

10.2.5 The circuit breaker operating mechanism shall be motor wound spring operated,
power closing with electrical release and with provision for hand charge.

10.2.6 Mechanical indication shall be provided to indicate the state of the spring.

10.2.7 The operating mechanism shall be completely trip free both mechanically and
electrically.

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 10.2.8 The circuit breaker shall have a mechanical operations counter

10.2.9 One mechanical ON/OFF indicator, with inscription “ON” white letters on red
background and inscription “OFF” white letters on green background shall be
provided for the circuit breaker.

10.2.10 One mechanical indication of the state of the spring inscription – SPRINGS
CHARGED (white letters on red background); SPRINGS FREE, (white letters on
green background) shall be provided for the circuit breaker.

10.2.11 Where the Circuit Breaker is used for Circuit or Busbar Integral earthing, the control
wiring of the breaker housing should be such that when the breaker is in circuit earth
or busbar earth positions it shall only be Operated mechanically and not electrically.

10.2.12 The Circuit Breaker Maintenance and Operations Manual shall contain clear
instructions on the Maintenance requirements of the Circuit Breaker (if any), to
prevent Switchgear failure in service, due to excessive Fault Current Clearance or
any other cause.

Current Transformers
10.3
10.3.1 Current transformers shall be Cast Resin Type and shall be accommodated inside the
cubicle, in a separate compartment.

10.3.2 The current transformers shall be in accordance with the requirement of IEC 60044-
1 and shall have the specified accuracy under load conditions and shall be able to
withstand the effect of short-circuit fault current rating of the switchgear, of 65kA
for 1 seconds.

10.3.3 Current transformers shall have a rated burden as specified, sufficient for the
connected Numerical Protection relays and Energy meters and instruments.

10.3.4 Copies of Type Test certificates and routine Test Reports/Certificates as per IEC
60044-1, of CTs of similar Rating and Class as the specified CTs shall be submitted
with the Tender for tender Evaluation Purposes. The Specified CTs must be within
the Product Range of the manufacturer.

Protection Relays
10.4
10.4.1 The Measurement relays shall be Flush mounted and of Numeric Design, with event
recording, Fault recording, power measurement, and shall be in accordance to IEC
60255.*

10.4.2 Besides the communication port, the relays shall have a human – machine interface
facility (MMI) with and LCD Screen where one can easily access relay information.

10.4.3 Relay contacts shall be suitable for making and breaking the maximum currents, which
they are required to control in normal service. Where contacts of the protective relays
are not sufficient for Circuit Breaker Tripping, auxiliary Trip relays shall be provided,
in order to prevent Damage to output contacts of the Measuring relay.

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 10.4.4 Relay contacts shall make firmly without bounce and the relay mechanism shall not be
affected by Panel vibration or external magnetic fields.

10.4.5 Relays shall be provided with clearly inscribed labels describing their functions and
IEC Device Function numbers.
10.4.6 Relays shall be suitable for operation on the station D.C. supply without use of
dropping resistors or diodes.

10.4.7 To reduce the effect of electrolysis, relay coils operating on DC shall be so connected
such that they are not continuously connected from the positive pole of the station
battery.

10.4.8 The relay Thermal rating shall be such that the fault clearance times on any
combination of current and time multiplier settings shall not exceed the thermal
withstand capability of the relay. (Max. fault current = 25kA).

10.4.9 The relays shall be EMC 89/336/EEC compliant.

Indications And Instruments

10.5
10.5.1 All instruments shall be flush mounted and shall be in accordance with the requirement
of IEC 51.

10.5.2 Each cubicle shall have the following indications:-

(i) One indicator lamp to show the breaker in closed position - RED colour

(ii) One indicator lamp to show the breaker in open position - GREEN colour

10.5.3 The instruments shall be supplied as described under each panel in the subsequent
sections.

10.5.4 Power Cable Termination

2. Cable compartment design shall be suitable for heat shrinkable (or equivalent) jointing
application termination. The compartment shall be adequate for connection of cables
to evacuate the total load of 800 Amps.

10.5.5 Accessories:

The following accessories shall be supplied with the switchboard at no extra cost:

VI. Spring charging handle ONE SETS

Circuit breaker draw out handle ONE SETS

Recommended set of circuit breaker maintenance tools ONE SET

Consumable Spares
10.6
The following consumable spares shall be supplied with the switchgear board at no additional
cost:

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 Four ( 2 ) Trip Coils

Four ( 2 ) Closing Coils

Five ( 5 ) Fuses of each type of fuse

Two (2) MCB of each type

Five (5) Bulbs of each type of bulb

Two (2) Circuit Breaker Control Switch

Two (2) Ammeters with MDI for Feeder, with face plates for both C.T. ratios

Ratings Of Switchgear and Equipments

10.7
Feeder Air Circuit Breaker

Interrupting Medium Air

Number of poles 3
Highest equipment Voltage 600 V AC
Nominal System Voltage 415 V AC
One minute power frequency withstand voltage 3 kV
Impulse withstand voltage (BIL) 8 kVp
Frequency 50 Hz
Rated short time current 65 kA
Rated Short circuit current withstand 65 kA, 1 seconds
Auxiliary D.C. voltage for closing and tripping coils 24 V DC
Auxiliary a.c. voltage 240V AC, 50Hz
VII. Tripping/closing coil auxiliary voltage 24 V DC
Spring charging motor supply 240 V AC
Rated normal Current 800 A

10.7.2 Current Transformers for Generator and Feeder Panels

Ratings:

(i) Rated Short time current (STC) withstand :25 kA for 3 seconds

(ii) Rated Voltage of the

CT
:600 V
(iii) One minute power frequency withstand voltage :3kV

(iv) Impulse withstand voltage :8 kVp

(v) Rated maximum continuous current

:1600 Amps

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 Ratio and class:

(i) Feeder Panels:

Core 1: C.T Ratio : 800/1 A

Class :5P10

VA :10VA

Core 2: C.T Ratio :800/1 A

Class :0.5

VA :10VA

Core 3: C.T Ratio :800/1 A

Class :0.5

VA :10VA

10.7.3 Tests

All switchgear shall be tested in accordance with the requirement of IEC 60298. Tests
shall be carried out on the circuit breakers as per the requirement of IEC 60947. Current
transformers shall be tested in accordance with the requirement of IEC 60044-1.

10.7.3.1 Schedule of Tests to be carried out at the Manufacturer’s plant

(a) Test on Complete 415 V AC Switchgear Board

(i) Power frequency Withstand Test

(ii) Megger Test

(iii) Contact resistance test of Primary joints

(iv) Power frequency Withstand Test on secondary Wiring

(v) Dimensional Checks

(vi) Operational/Functional Tests

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 (vii) Primary Injection Tests

(viii) Calibration Tests on Relays and Instruments.

(b) 600 V AC Air Circuit Breaker

(i) Routine tests.

1. Operation test.

2. High Voltage test, dry. 3kV Power frequency Voltage

test on controls and auxiliary circuits.
3. Measurement of resistance of the main circuit.

(ii) Type Tests: Submit copies of Type test Reports and

Certificate
1. Mechanical endurance test

2. Temperature rise test.

3. Impulse voltage test

4. Interrupting Capacity test.

NB: Copies of Type Test Certificates for similar rated Circuit

Breakers and Certified by National Standards and Testing Authority
body or Reputable Third Party Test Laboratory shall be submitted
with the Tender for Evaluation Purposes.

(c) Current Transformer

Type and routine tests shall be carried out at the manufacturer’s

plant as per the requirement of IEC 60044-1, as listed below.
(i) Polarity Test and Verification of terminal markings

(ii) Ratio and phase angle error test (accuracy class composite
error test)
(iii) Power frequency Tests on Primary and secondary windings

Protection Relays, Controls And Measuring Devices

10.8
Requirements For 415 V Ac Switchgear Panels:

10.8.1 General Requirements

Protection against electrical faults and abnormal conditions on 415 V AC

Switchboard and the outgoing 11 kV feeders shall be conducted by the protective
relays and associated switchgear. The Protection schemes shall be designed to

117
 ensure detection of all faults, fast discriminative fault clearance in order to ensure
safety of personnel, equipment and continuity of Electric Power Supply.

10.8.2 Bill Of Materials:

(a) Feeder Panels Requirements

Each Feeder Panel shall be equipped with the following Protection Relays,
Measuring and indicating devices, Controls and other Accessories.

(i) Three phase overcurrent and earth fault.

(ii) Combined Earth Fault and sensitive Earth Fault Relay.

(iii) Three Ammeters with MDI with face plates available for both CT
ratios. The Ammeter shall indicate both the instantaneous Load
current and also the Maximum Demand Load current since the last
reset.
(iv) Energy Meter

(v) Voltmeter and Voltage Selector Switch, Circuit breaker control

switch (Close, Open &Neutral), with a mechanical Lock, to prevent
unintended tripping of the Circuit Breaker.
(vi) Sensitive Earth Fault (SEF) mechanical isolation link or switch.

(vii) Circuit Breaker ON(red) and OFF(green) Indication lamps.

(x) Door switch Operated Lighting point and Bulb.

(xi) 3 Pin - Square Power Socket Outlet with red neon indicator.

(xii) Suitably rated MCBs for Auxiliary 24V DC and for 240 V AC
supplies.

(b) Common Alarm System

A common Alarm System shall be supplied equipped with the following:

(i) Urgent Alarm relay

(ii) Non-urgent Alarm relay. NB: The urgent and non-urgent Alarm
relays will be separate Relays.
(iii) 6 window Annunciator relay.

(iv) Hooter.

(v) Suitably rated MCBs for Auxiliary 24V DC and 240 V AC supplies.

(c) Generator Panels Requirements

The Generator Panel shall be equipped with the following Protection Relays,
Measuring and indicating devices, Controls and other Accessories:

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 (i) Three phase overcurrent and earth fault relay.

(ii) Reverse Power Relay.

(iii) Differential Protection Relay.

(iv) Three Ammeter with MDI The Ammeter shall indicate both the
instantaneous Load current and also the Maximum Demand Load
current since the last reset.
(v) Energy Meter.

(vi) KiloWatt Meter.

(vii) Power Factor Meter.

(viii) Voltage meter.

(ix) Automatic Control Unit with Auto synchronizing Unit.

(x) Auto/Manual Selector Switch.

(xi) Voltage selector switch.

(xii) Circuit breaker controlswitch (Close, Open & Neutral) with

mechanical locking to prevent un-intended operation.
(xiii) Circuit Breaker status ON(red) and OFF(green) Indication lamps.

(xiv) Heater ON/OFF switch, for anti condensation heater.

(xv) Anti-condensation Heater.

(xvi) Hygrostat with separate Humidity and Temperature control Setting.

(xvii) Door switch Operated Lighting point and Bulb.

(xviii) 3 Pin - Square Power Socket Outlet with neon indicator.

(xix) Suitably rated MCBs for Auxiliary 24V DC and 240 V supplies.

Protection Relays And Control Devices

10.9
Reference Standards IEC 60255: Electrical Relays

10.9.1 General Requirements

(a) The electrical Measuring protective relays shall be of Numeric Design. The
Protective Relays and Auxiliary Relays shall operate successfully for any
value of the DC supply voltage between 85% and 125% of the rated voltage
of 24 V DC without exceeding the temperature rise limits for the operating
coils.

119
 (b) Each Measuring protection relay shall be of the Panel flush mounted, back
connected, type with rectangular case. Each relay shall have a removable
transparent cover or cover with a transparent window making the front of
the relay visible. It is preferred that each measuring relay shall be of a
withdrawable type from the front of the panel with sliding contacts, without
opening the current transformer secondary circuits, disturbing external
circuits or requiring disconnection of leads on the rear of the panels.

(c) Each protection relay shall be equipped with adequate electrically

independent contacts, of adequate rating for Trip and alarm functions.

(d) Relays contacts shall be suitable for making and breaking the maximum
currents, which they may be required to control in normal service. Where
contacts of the protective relays are unable to deal directly with the tripping
currents, Auxiliary Trip relays shall be provided. This will ensure safety for
the protection relays output contacts.

(e) Relays contacts shall make firmly without bounce and the whole of the relay
mechanism shall be as far as possible unaffected by vibration or external
magnetic fields.

(f) Relays shall be provided with clearly inscribed labels on the surface of
the panel describing their application in words e.g., “Three Phase
Overcurrent & Earth Fault Relay” in addition to the IEC numbering
and outside.

(g) The Numerical Relays will be equipped with an RS232 Communication Port
to facilitate connection to a Laptop. Also a communication port shall be
provided on each Numerical Relay for Remote Interrogation and
Programming of the Numerical Relays.

(h) The Relays will also have an MMI with LCD screen and Keypad to facilitate
manual Relay programming and Data access.

(i) Relay Operation due to system fault, shall be indicated by a Red L.E.D. and
the fault details (flags) shall be displayed on the MMI. Both the Relay Fault
flags and Red L.E.D shall be reset via Reset push buttons without opening
the Relay Cover.

10.9.2 Detailed Specifications For Relays, Measuring And Indicating Instruments,

Control Switches And Other Accessories

These specifications indicate the required performance characteristics for each of the
Protection Relays and are in accordance with IEC 60255.

(a) Three phase over-current and earth fault relay

Should incorporate the following Features:

(i) Relay must be of Numerical Design.

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 (ii) Shall be suitable for mounting on the panel front.

(iii) Current setting range for overcurrent relay 0.2In-2.4In.

(iv) Current setting range for earth fault relay 0.05In-0.8In.

(v) I.D.M.T characteristics according to BS142 or IEC255 i.e. SI, VI, EI,
LTI, including definite time for the high-set Elements.
(vi) Time setting multiplier 0.05 - 1.0.

(vii) Broken conductor protection feature

(viii) Highest Element for both overcurrent and earth fault with.

(ix) Protection, with a setting range of 1-30In and a definite time delay
setting of 0 - 60 Seconds.
(x) Drop off /pickup ratio >90%.

(xi) Low transient overreach < 10%.

(xii) LCD screen where the Settings and Measurands can be read.

(xiii) Keypad for manual programming of settings and data access Serial
RS232 Port for Programming of the Relay and Access of Data using
a Laptop Computer on the front surface of the Relay.

. (b) Earth Fault Relay

Should incorporate the following Features:

(i) Relay must be of Numerical Type.

(ii) Current setting range 0.05In-0.8In.

(iii) I.D.M.T characteristics according to BS142 or IEC255 i.e. SI VI, EI,

LTI, including definite time for the high-set Elements.
(iv) Time setting multiplier 0.05 - 1.0.

(v) Highest Element with a setting range of 1-30In.

(vi) Circuit Breaker Maintenance.

(vii) Drop off /pickup ratio >90%.

(viii) Low transient overreach < 10%.

(ix) LCD screen where the Settings and Measurands can be read.

(x) Keypad for manual programming of settings and data access Serial
RS232 Port for Programming of the Relay and Access of Data using
Laptop Computer on the front surface of the Relay.

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(c) Sensitive Earth Fault Relay

Should incorporate the following Features:

(i) Relay must be of Numerical Type.

(ii) Current setting range for earth fault relay 0.010In- 0.8In.

(iii) Definite time delay characteristic; setting range, 0- 30 Seconds.

(iv) Drop off /pickup ratio >90%.

(v) Low transient overreach < 10%.

(vi) LCD screen where the Settings and Measurands can be read.

(vii) Keypad for manual programming of settings and data access.

(viii) Serial RS232 Port for Programming of the Relay and Access of Data
using a Laptop Computer on the front surface of the Relay.

Annunciator Relay Unit

(f) (i) Shall have Silence, Accept and Reset, push buttons, to control the
Alarms.
(ii) Shall be equipped with At Least 6 separate alarm Elements.

(iii) Each of the elements shall be freely assigned to one of two common
output.
(iv) Alarms; Urgent and NON-urgent Alarm.

(v) Each Alarm Element shall have a Red L.E.D. to indicate ON status.
It shall also have provision for fixing of Identification Label
changeable on site. A flashing Alarm element shall be clearly visible.
(vi) The Urgent and Non-Urgent common Alarms Shall be freely
configurable to the output Relays.
(vii) High Immunity against Electrical interference.

(viii) Relay output for audible alarm and for self supervision shall be
provided.
(ix) Integrated event register to provide analysis of the latest sixteen (16)
events.

(g) Circuit breaker Close/Open control Switch

The switch shall have a mechanical interlock to prevent accidental operation

of the switch. It shall have a close, Neutral and Open positions engraved on
the switch. After an operation, the switch shall return to the neutral Position
by spring Action.

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(h) Indicating Instruments, Directly connected

ALL the instruments shall be of Moving Iron type

(i) The IP Protection Class shall be IP54.

(ii) Accuracy class shall be 1.5, with maximum tolerated error of 1.5%
of final scale value.
(iii) Overload withstand shall be at least 20% continuous.

(iv) All instruments shall be suitable for continuous operation under

Tropical Climatic conditions.

(v) Ammeter Instrument with MDI– 800A

Indicating Range, 0 – 800 A for current input of 0 – 1A

Full Scale Deflection, 800 A
Black Scale on white background
Dimensions, 96X96 mm.
Shall have a resetable maximum demand indicator having a
different color from the normal pointer as well as the normal
instantaneous demand pointer.

Shall be Suitable for Flush Mounting on the panel.

(vi) Voltmeter Instrument - 415 V AC

Indicating Range, 0 – 500 V AC
Black Scale on white background
Dimensions, 96X96 mm.
Suitable for Flush Mounting on the panel
(vii) Signaling Hooter

The actuator system shall consist of a strong, non polarized

electromagnet with an impact resistance sturdy casing.
Rated frequency 50 HZ.
Rated voltage shall be 240V AC; +6/-10 %
Protection degree shall be IP 55
Operating mode continuous
Volume approximately 108 dB(A) 1 ¼ m
Connection terminals shall be 2.5 mm 2

(viii) Anti-condensation Heater

The heater should be suitable for mounting inside a Protection or

Control panels with Protection Relays and other measuring and
control devices. The Heater shall be rated at 200W or other suitable
rating and 240V AC and should be suitable for preventing
condensation within the panels. The heater shall have terminals
suitable for connection of 2.5 mm 2 conductor. The heater shall be
suitable for mounting on a DIN rail inside the panel.

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 (ix) Indicating Lamps
Shall be suitable for mounting on the front of the panel.
The bulb shall be supplied together with the mounting base.
The Lamp Indicators should be rated for 30V DC and
equal or less than 2.5W rating.
The bulb should designed for continuous operation and give
a long life of at least 10 Years.
The bulb shall be easily replaceable without using a special tool.
NB: LED Indicators are preferred

Detailed Specifications For The Energy Meters

10.10
NB: These energy meters are for tariff metering similar to those used by Utilities

These specifications are for energy meters to be installed on the switchgear panels for purposes
of Recording delivered Electrical Energy, and are in accordance with IEC 61334-4-4-1(DLMS
Standard protocol).
The Energy Meter Supplied shall meet all the requirements detailed below:

The meters shall conform fully to IEC 687 for class 0.5S Energy Meters and any other relevant
specifications.
The meters shall be programmable and relevant software and connection cable to laptop shall
be provided. Meters complying with IEC 61334-4-4-1(DLMS Standard protocol) shall be
preferred. The meters shall have memory and be capable of storage of at least 12 months load
profile and other data.
The meters shall be capable of bi-directional metering so as to record faithfully, both export and
import quantities. The accuracy shall be as per IEC 687 in both directions. The quantities to be
displayed shall be determined by the user through use of Software that shall be provided. The
meters shall be configurable for use in three phase 3/4-wire networks systems as follows:

3x240/415 V, 10 (100) A
3x240/415 V, /5 (1) A
3x /110V, /5 (1) A

The meters shall be usable on phase voltages of magnitudes ranging from 100V to 500V, 50 Hz.
Meters with voltage-surge protection that meets IEC 687 specifications. The meters shall be for
flush panel mounting. The meters shall have a non-volatile memory so as to ensure no loss of
data during power failures. Security passwords and switches shall be provided to prevent
unauthorized programming of the meter. The meters shall be fully year 2000 compliant and a
certificate of confirmation shall accompany the tender.

The meters shall be suitable for operation in any part of the Republic of Kenya where the climate
varies largely from temperatures between -5 and 40 Degrees Celsius and relative humidity
reaching 95% in some parts. Operating altitudes ranging from sea level to 2200 meters above
sea level. The meters shall support multi-tariff metering.

124
The Meters shall incorporate instrumentation for the following measurements:-
MW, MVAR, MVA, p.f., Phase Currents, Phase voltages and the angle between individual
Phase Voltage and corresponding phase current. This measurands shall be visible on the Meter
display.
The meters MUST have a capability of freezing billing readings on any selected date of the
month.
The meters will measure maximum demand for MW, MVAR and MVA and these will be
accessible on the Meter display. The Demand integration period will be programmable.

The CT and VT ratios shall be programmable. The meters shall have an accurate internal quartz
controlled clock. It should be possible to reset the clock without loss of billing data. The supplier
shall show proof of ISO 9000 and ISO 14000 standards compliance by attaching copies. The
meters shall be provided with adequate sealing facilities to prevent tampering. The nameplate
and meter details shall be clearly marked using materials and colors that are durable and
indelible.

In addition to requirements of IEC 687 the name-plate shall carry the following particulars:
The inscription “ The property of RERE
”
Owner’s serial numbers as directed with a minimum 5mm figure height.
Year of manufacture.

The meter base cover shall be of non-metallic, non-hygroscopic, flame retardant, polished
material having high impact-resilience and low dirt absorption properties. The front cover may
be of translucent material with a clear transparent front. The meter shall have a minimum of
three sealing - provisions for the meter body, terminal cover and front cover (where applicable).

The meter terminal cover shall be the normal short length with provisions of easy bottom
breakage for cable entry. The terminals shall be of bottom entry, and the arrangement shall be:

L1 L 1: L2 L2: L3 L3: N or
I1 V1 I1: I2 V2 I2: I3 V3 I3: N

The accuracy shall be Class 0.5. The meter errors shall comply with the requirement IEC 687
and shall be adjusted at the manufacturer’s works to be within between low and high load and
shall exhibit good stability. The meter shall have a warranty against any defects, which may
develop due to faulty material, calibration, transportation or workmanship for a period of not
less than eighteen months from the date of delivery. All defective meters shall be replaced at the
supplier’s cost.

The following drawings and information shall be required with the tender:
Meter drawing giving all the relevant dimensions.
Wiring diagrams.
Description leaflet including details of programming of the meters
User’s and service manuals.

125
 Schedule
10.11
The Tenderer shall after reading through the Technical Specifications and the Tender
Documents in general complete the technical schedules below. The completed schedules shall
accompany the bid.

126
 ANNEX B – TECHNICAL REQUIREMENTS FOR SWITCHGEAR
I
SWITCHGEAR PANEL
Tenderer’s Details/ Evidence From
REREC’s Response [Enter Support Document:
Description
Requirement Value Or Yes Or Name Of Document
No As Appropriate] And Page No.
1 Manufacturers name State
2 Manufacturers letter of Provide copy
authorization
3 Copy of ISO 9001/2 certificate. Provide copy
4 Type or designation number of To provide
Switchgear offered.
5 enclosure [IP] class of protection IP42
6 Rated voltage 600 V
7 Rated power frequency withstand 2kV
8 Rated lighting impulse withstand 8 kVp
9 Metal clad compartments [CB, 1
Busbar, LV, CT& Cable] attach
layout drawing
10 Busbar material Tinned copper
11 Dimensions [WxHxD [attach layout Provide
drawing]
12 Short circuit withstand 25kV, 3 sec
13 Lockable door with viewing glass Yes
in CB compartments.
14 Shutters for Busbars [red] and Provide
circuit [yellow] provided.
15 Anti condensation heater Provide
16 Hygrostat with variable and Provide
temperature control setting
17 Busbar rating 800A
18 Circuit rating - Incomer 800A
19 Circuit rating - Feeder 800A

127
II 600 V AC AIR CIRCUIT BREAKER
Tenderer’s
Evidence From
Details/ Response
Support Document:
Description Requirement [Enter Value Or
Name Of Document
Yes Or No As
And Page No.
Appropriate]
1 Manufacturers’ name State
2 Type or designation number of circuit Indicate
breaker offered
3 Name of manufacturer of vacuum Provide
interrupter
4 Rated circuit breaker voltage 600 V
5 1 minute power frequency withstand 2kV
6 Impulse withstand voltage 8kV
7 Rated short circuit current and 65kA, 1 sec
withstand
8 Auxiliary DC voltage for closing and 24 VDC
tripping coils
9 Auxiliary AC supply 240 VAC
10 CB mechanism Motor wound
spring
11 Visible spring charged mechanical Provide
indication on CB as per specifications.
12 Visible CB ON/OFF indications as per Provide
specifications
13 Connection of CB to auxiliary panel Yes
circuits via a plug-in cable
14 Operations counter Provide
15 ACB Continuous Current Rating 800 A

128
III
1. CURRENT TRANSFORMERS
Tenderer’s
Evidence From
Details/ Response
Support Document:
Description Requirement [Enter Value Or
Name Of Document
Yes Or No As
And Page No.
Appropriate]
1 Manufacturers name Indicate
2 Type or designation number of CT Indicate
3 Rated voltage of offered CT 600 V
4 1 minute power frequency 2 kV
withstand voltage
5 Impulse voltage withstand 8 kVp
6 Short-circuit withstand current and 65kA, 1 sec
duration
7 Feeder Panel CT details
Ratio - 800/1A Yes
Core 1 - Cl.X, Uk>250 V
Yes
Core 2 - 15VA, 5P10
Yes
Core3 - 15VA, cl 0.5 Yes
Core4 - 15VA, cl 0.5 Yes

1.1.1 PROTECTION RELAYS, AUXILIARY RELAYS AND CONTROL DEVICES:

[a]
2. THREE PHASE OVERCURRENT RELAY
Tenderer’s Details/
Evidence From
Response [Enter
Support Document:
Description Requirement Value Or Yes Or
Name Of Document
No As
And Page No.
Appropriate]
I Manufacturers State
Ii Type of designation name State
Iii Design Numeric
Iv Flush mounting on panel State
V One time delayed element and Provide
two high set elements
Viii MMI with keypad and screen Provide
Ix Software to be provided – Provide
X 2 No. connection cable from relay Provide
to laptop computer to be provided
Xi Serial RS232 port Provide

129
[b] COMBINED OVERCURRENT, EARTH FAULT AND SENSITIVE EARTH FAULT
RELAY
Tenderer’s Details/ Evidence From
Response [Enter Support Document:
Description Requirement
Value Or Yes Or Name Of Document
No As Appropriate] And Page No.
I Manufacturers name Sate
Ii Type or designation name State
Iii Design Numeric
Iv Flush mounting on panel State
V One time delayed element and Provide
two high set elements
Vi Software to be provided – name Provide
Vii MMI with keypad and LCD Provide
screen
Viii Serial RS 232 port Provide

[f] 3. ANNUNCIATOR RELAY UNIT

Tenderer’s Details/
Response [Enter Evidence From
Description Requirement
Value Or Yes Or Support Document
No As Appropriate]
I Manufacturers name State
Ii Type or designation name State
Iii Incorporates 16 Alarm elements State
Iv Has RED LED for visual Provide
indication
V Has silence, accept and rest Provide
push buttons
Vi Alarms freely assigned to urgent State
or non-urgent bus-wires
[g] 4. CIRCUIT BREAKER CLOSE/OPEN SWITCH
I Manufacturers name State
Ii Type or designation name State
Iii Close and open position marked State
on the escutcheon plate
[h] 5. DIRECTLY CONNECTED INSTRUMENTS
a.1.1 1 AMMETER WITH
MDI- 800A
I Manufacturers name State
Ii Type or designation name State
Iii 96 mm x 96 mm State
Iv Flush panel mounting State

130
 PART III

Lv Single Core Aluminium Cables (Pvc)

0. Fore Word
0.1 This standard lays down specification for LV single core PVC insulated cables.
0.2 This specification is intended for procurement of materials and does not include provision
of contract.
0.3 This specification is based on IEC 502 and BS 6346. It is subject to revision as and when
required.
0.4 This specification supersedes all specifications for LV single core PVC insulated cables
issued before the revision date.
1. Scope
1.1 This specification is for single core, stranded aluminium conductors, polyvinyl chloride
(PVC) insulated, armoured, PVC outer sheathed power cables for operation up to and
including 600 volts to sheath and 1000 volts between conductors.
1.2 This specification is for following cable sizes:
630 sq. mm Aluminium conductor PVC insulated single core cable.
300 sq. mm copper conductor PVC insulated single core cable.
2.0 Materials And Construction
2.1 The cable shall be made from circular stranded compact plain aluminium conductor as
per IEC 228.
2.2 The insulation shall be polyvinyl chloride (PVC) complying with the requirement of
IEC 502 for type PVC/A.
2.3 The insulation shall be applied by extrusion process and shall form a compact
homogeneous body. The insulation shall concentrically cover the conductor
2.4 Extruded over-sheath shall be of black polyvinyl chloride (PVC).
2.5 The cable shall be clearly and permanently embossed with the following information
throughout the length of the over-sheath. Letters and figures raised and consist of
upright block characters. Minimum size of characters not less than 15% of average
overall cable diameter.
600/1000 VOLTS PVC CABLE
Year of manufacture
(Example: ‘600/1000 VOLTS PVC CABLE 1996’)
3.0 Standard Sizes And Characteristics
3.1 The characteristics of the cables shall comply with the following table
Item Characteristics
Conductor resistance Not more thank the value indicated
A.C. withstand voltage To withstand the indicated value for 5 min.
Insulation resistance Not less than the value indicated.
Tensile PVC Tensile strength, minimum 12.5N/mm (1.27
strength Kg/mm)
Ageing PVC Elongation, 150%
requirement* Minimum percentage of unaged 75 - 125%
value
* Treatment:
PVC temperature 100 - 20°c
duration 168 hrs
3.2 The cable shall conform with the following requirements
Cable size 630 sq. mm 300 sq. mm
Nominal sectional area 630 sq. mm 300 sq. mm
Thickness of insulation 2.8 mm 2.4 mm

131
 Thickness of outer sheath 2.2 mm 2.2 mm
Nominal overall diameter 38.8mm 28.0 mm
Approximate net weight 6200 kg/km 3100 kg/km
Test voltage 3kV/5min 3kV/5min
Maximum conductive resistance 0.007 ohms/km 0.0120 ohms/km

4.0 Tests
4.1 The cable core, sheath and completed cable shall be tested in accordance with the
requirements of BS 6346.

5.0 Packing
5.1 The cable shall be wound on wooden drums such as to prevent damage during
transportation. The wooden drums shall be made from treated timber resistant to termite
attack.
5.2 The following description shall be marked on one flange of the reel
(a) Direction of rotation of the reel
(b) Type of cable
(c) Number of conductors and size
(d) Length
(e) Net weight and gross weight
(f) Manufacturer’s name
(g) Year of manufacture
6.0 a.2 References
6.1 The following documents were referred to during the preparation of this specification.
In cases of conflict, the provisions of this specification shall take precedence.
Unless otherwise specified, the latest revision, edition and amendments shall apply
IEC 502:(1983): Extruded solid dielectric insulated power cables for rated voltages
from 1 kV up to 30 kV.
IEC 228(1978): Conductors of insulated cables.
BS 6346 PVC insulated cables for electricity supply

PART IV

Specifications for 0.415/11kV Step-up Transformer

FOREWORD
This specification has lays down requirements for 0.415/11 kV Step-up Transformer. It is intended
for use in purchasing the transformers.
It shall be the responsibility of the manufacturer to ensure adequacy of the design and good
engineering practice in the manufacture of the 0.415/kV Step-up Transformer for REREC. The
manufacturer shall submit information, which confirms satisfactory service experience with products,
which fall within the scope of this specification.
It is expected that manufacturers will provide energy efficient standard design that will provide high
level of efficiency and significant initial cost saving.

132
1. SCOPE
This specification is for oil-immersed, air-cooled, outdoor type three phase 0.415/11 kV
Step-up Transformer for ac system operated at 50 Hz. The transformers shall be connected to
an off-grid power station to step-up generator output of 415V to 11 kV distribution network.
2. REFERENCES
The following documents were referred to during the preparation of this specification; in case of
conflict, the requirements of this specification shall take precedence.
5.2 IEC 60076: Power Transformers
5.3 BS 381C: Specification for colours for identification, coding and special
purposes
5.4 IEC 60296: Specification for unused mineral insulating oil for transformers
and switchgear
5.5 IEC 60354: Loading guide for oil – immersed power transformers.
5.6 BS 6436: Specification for Ground Mounted Distribution Transformers for
Cable Box or Unit Substation Connection.

3. TERMS AND DEFINITIONS

For the purpose of this specification the definitions given in the reference standards shall apply.

4. REQUIREMENTS
4.1. SERVICE CONDITIONS
4.1.1 Operating conditions
4.1.1.1 The transformers shall be suitable for continuous operation outdoors in tropical
areas at altitudes of up to 1500m above sea level, humidities of up to 90%, average
ambient temperature of +30ºC with a minimum of -1ºC and a maximum of +40ºC
and heavy saline conditions along the coast.

4.1.2 System characteristics

4.1.2.1 The primary shall be 415V, 50Hz while the secondary shall be 11 000V, 50Hz,
three wire (the neutral solidly earthed).
4.1.2.2 The 11kV overhead system is of unearthed construction (i.e. without aerial earth
wire).

4.2 DESIGN AND CONSTRUCTION

4.2.1 General

4.2.1.1 The transformer shall be three phase, oil immersed type, air cooled, core type,
outdoor and shall be designed, manufactured and tested as per IEC 60076 and this
specification.
4.2.1.2 The transformer shall be free breathing type provided with a conservator and a
dehydrating breather (cobalt free). The conservator shall be in such a position as
not to obstruct the electrical connections to the transformer and shall have oil gauge
at one end marked with oil levels. The conservator shall have a feed valve.
4.2.1.3 The complete transformer shall be painted and protected against corrosion, and the
final colour of the exterior surface shall be Dark Admiralty Grey colour No. 632 as
per BS 381C. The inside of the tank shall be coated with oil resisting varnish or
paint so that oil cannot come into contact with tank or metal at any point.
4.2.1.4 Each transformer shall be suitable for ground mounting (on a plinth).

133
4.2.1.5 Drawings and documentation for the transformer offered shall be given, clearly
detailing important dimensions, clearances, accessories, fittings, internal assembly,
material details and any special features of the offered design.

4.2.2 Tank
4.2.2.1 The transformer tank shall be constructed of mild steel plates. Tank thickness shall
be stated in the Technical Particulars (Annex A).
4.2.2.2 The transformer tank shall be sealed by means of suitable gasket and be fitted with
earthing terminals. Eight (8No.) non-standard shearing bolts to deter unauthorised
opening shall be used on bolted corners and centres of sides of the top cover.
Relevant tools for unbolting the transformer shall be delivered with the transformer.

4.2.3 Core
4.2.3.1 The cores shall be constructed of high quality low loss grain oriented electrical
steel laminations. The design shall ensure no hot sections due to overfluxing or
circulating currents across the laminations. The flux density at any point shall not
exceed 1.65 Tesla.
4.2.3.2 The cores shall be clamped effectively with metal cross-arms and be fitted with
core lifting lugs. The manufacturer shall demonstrate experimentally or via a
previous test report, that the whole structural frame-work supporting the
transformer windings and the core can definitely withstand repeated transformer
short-circuits.

4.2.4 Windings
4.2.4.1 The windings shall be of electrolytic copper capable of sustaining short circuit
forces on the transformer.
4.2.4.2 The primary windings shall be of full coil copper wires as opposed to segmented
winding and the secondary windings shall be coil or foil of copper.
4.2.4.3 The HV and LV windings shall be separated so as to allow for cooling and ease of
repair. Insulating sleeves for the transformer tappings shall be in crepe paper or
better.

4.2.5 Tapping
4.2.5.1 The secondary winding (11 kV) shall have tappings at  2 X 2.5% operated by an
off-circuit self-positioning tapping switch with marked position indicators.
Tapping details shall be included on the transformer name plate.
4.2.5.2 Switch position No. 1 shall correspond to maximum plus tapping. The make
contacts of the tap changer shall be robust and of sufficient surface area.

4.2.6 Vector Group

4.2.6.1 The three-phase transformer shall be wound to IEC vector reference YNd11.
4.2.6.2 The star point of the secondary winding shall be brought out to a neutral bushing.

4.2.7 Cable Boxes, Bushings and Clearances

4.2.7.1 The transformer shall be fitted with cable box on the primary side (LV) and have
open bushings on the secondary side (11 kV).
The LV cable box shall be unfilled type and suitable for terminating up to 7No.
single core PVC cables of 300 mm2 on a clamp pad, cables entry from bottom.

134
4.2.7.2 The 11 kV bushings shall be open and shall have outdoor brown glazed
weatherproof bushings provided with external stud for conductor sizes from 7.8
mm to 18.2 mm diameter mounted on the tank top cover.
(a) Clamp connector shall be provided on each bushing.

(b) The bushings shall be constructed, arranged and fitted in such a manner as to
be changed without opening the transformer.

(c) Each bushing shall be fitted with adjustable double-gap arcing horns set at 2 X
25mm gaps.

(d) The minimum external electrical clearances and minimum creepage distances
of the 11 kV bushings shall be as indicated below:

Nominal System Voltage between Phases 11 kV

Minimum clearances between phase to earth mm 300
Minimum Clearances between phases mm 250
Creepage distance mm 350

4.2.8 Oil and Cooling

4.2.8.1 Cooling of the transformer shall be by natural circulation of oil and natural
circulation of air (ONAN). Loading will be as per IEC 60354.
4.2.8.2 Each transformer shall be dispatched filled with oil to the correct level and ready
for service. The oil shall be new (unused), uninhibited mineral insulating oil class
I as per IEC 296. The oil shall be PCB-free.

4.2.9 Fittings and Accessories

4.2.9.1 No drain valve shall be fitted.
4.2.9.2 Oil gauge shall be provided on each transformer and shall be of dial or floater type.
The oil gauge shall be clearly readable by an operator standing at a distance of 5
meters away from the transformer. The maximum and minimum oil level marks
shall fall within 50% of the full range of the gauge with the nominal oil level being
at the centre of the range.
4.2.9.3 Each transformer shall be complete with an oil temperature thermometer in a
visible and secure position.
4.2.9.4 Each transformer shall be complete with a pressure relief device fitted in a visible
and secure position. No part of the pressure relief device shall extend to a height
greater than the HV bushings.

4.2.10 Rating
4.2.10.1 The transformer shall be capable of carrying its full normal rated current
continuously under the tropical conditions stated (maximum ambient temperature
of 40C) and at any tappings without the temperature rise in the hottest region
exceeding 55C and 60C in oil and winding respectively. Documents to support
this shall accompany the tender.
4.2.10.2 The transformer shall be capable of sustaining a three-phase symmetrical short
circuit on the secondary side with power maintained on the primary side without
damage or distress for 2 seconds.
4.2.10.3 The transformers shall be rated 600KVA
4.2.10.4 The rated withstand voltages for the transformers shall be as follows:

135
 Rated short duration power frequency Rated lightning impulse
withstand voltage (r.m.s.) withstand voltage (peak)
0.415/11 kV 38kV 95kV
Transformers

4.2.11 Impedance Voltage

4.2.11.1 The impedance voltage measured at the principal tap shall not exceed 5.0%.

4.2.12 Losses and Capitalisation

4.2.12.1 The guaranteed transformer losses, measured at full load operation, unity power
factor and rated voltage shall be submitted with the tender. The loss measurements
(no-load and full-load) shall be adjusted to 75 degree Celsius and submitted for
evaluation.
4.2.12.2 Evaluation will be carried out to establish the capitalized values of no-load losses
and load losses at nominal rating of a transformer. This cost will be added to the
bid price (landed cost) of the tender.

Transformer losses shall be capitalized at the following rates:

Full load (winding) Losses US$ 1902 per kW for 15 years

No load (core) Losses US$ 4504 per kW for 15 years

Where tenders are being compared, losses will be capitalised at the above rate and
added to the bid price according to the formula below:

Gep = Gbp + G($), Gep = Bid evaluation price, Gbp = Bid price

G($) = Adjustment for the cost of the operation and maintenance for 15 years

And is obtained by using the following formula

G($) = 1902 X full load winding losses(kW) + 4504 X no load losses(kW)

5.0 TESTS AND INSPECTION

5.1 Type tests and routine tests shall be done in accordance with the requirement of IEC 60076
and this specification. It shall be the responsibility of the manufacture to perform or to have
performed all the tests specified.
5.2 Certified true copies of previous type test reports by the relevant International or National
Testing/Standards Authority of the country of manufacture (or ISO/IEC 17025 accredited
laboratory) shall be submitted with the offer for evaluation (all in English Language). A copy
of accreditation certificate for the laboratory shall also be submitted.
5.3 Routine test reports for the transformer to be supplied shall be submitted to REREC for
approval before shipment/delivery. REREC shall witness routine tests as well as impulse
withstand voltage and temperature rise tests at the factory before dispatch.

6.0 MARKING AND LABELLING

6.1 Each transformer shall be provided with a rating plate of weatherproof material, fitted in a
visible position, showing the appropriate details listed in IEC 76. The entries on the plate shall
be indelibly marked (either by etching, engraving or stamping).

136
6.2 In addition, the name plate shall include load and no load losses for the highest, lowest and
principle tap positions, temperature class of insulation, connection diagram and the inscription
'PROPERTY OF RURAL ELECTRIFICATION AND RENEWABLE ENERGY
CORPORATION' all marked indelibly as in 6.1.

a.1.1 ANNEX C – TECHNICAL REQUIREMENTS FOR STEP-UP TRANSFORMER

a.1.2 TECHNICAL PARTICULARS FOR 0.415/11KV STEP UP TRANSFORMER (TX)

Item Description Schedule 1 Schedule 2

(REQUIREMENT) (TENDERER’S
OFFER)
1 Quantity 1
2 Transformer Rating kVA 600
3 System Frequency Hz 50
4 Transformer external paint Dark Admiralty Grey colour
No. 632 as per BS 381C
5 Corrosive environment High
6 Dimensions
overall height mm State
overall length mm State
overall width mm State
Total mass kg State
7 Tank type Breathing
8 Tank sealing; Bolted
9 Under-base; Flat
10 Skids and Jacking lugs for concrete 40 mm diameter axle holes
plinth mounting
11 Details of jacking pads State
12 Lifting lags
for cover To provide
for tank To provide
for core To provide
13 Terminations Cable box
14 Position of bushings 11kV: Top, LV: Cable Box
15 Medium-voltage bushings
material/colour Brown Porcelain
creepage distance mm 25 mm/kV
phase to earth clearance mm Specify
phase to phase clearance mm Specify

Low-voltage bushings
material/colour Brown Porcelain
creepage distance mm 25 mm/kV
phase to earth clearance mm Specify
phase to phase clearance mm Specify
Terminal: stem & nuts or clamp Clamp pad
16 Cooling method ONAN
17 Core type Laminated stackings
18 Core clamping Specify

137
Item Description Schedule 1 Schedule 2
(REQUIREMENT) (TENDERER’S
OFFER)
19 HV Winding Full coils of electrolytic copper
20 LV Winding Electrolytic copper coils or
copper foils
21 Primary voltage V 415
Secondary voltage 11000
V
Number of phases; Three phase
22 Rating of neutral terminal As phase terminal
23 Tap Changer NLTC, 2X2.5% Tapping
range
24 Vector Group YNd11
25 Losses corrected to 75°C
no-load losses W Specify
full load cu losses W Specify
full load total losses W Specify
25% loading W Specify
50% Loading W Specify
75% Loading W Specify
125% Loading W Specify
Transformer efficiency at unity
power factor, rated voltage and full % Specify
load (75°C)
26 Impedance voltage
maximum tap % Specify
nominal tap % Specify
minimum tap % Specify
27 Insulation level
medium-voltage kV 38/95
low-voltage kV 5
28 BIL Tests (IEC 60076) To be done at 95kV during
factory visit (clause 5.3)
29 Temperature Rise Test (IEC To be done during factory visit
60076) (clause 5.3)
30 Routine Tests (IEC 60076) To be done during factory visit
(clause 5.3)
31 Transformer Leakage Test To be done during factory visit
(clause 5.3)
32 Tank Thickness Specify (Not less than
8.50mm)
33 Transformer Bachholz Relay To provide
fitting
34 Transformer pressure relief valve To provide

138
 PART V
(1). 11KV SURGE DIVERTERS SPECIFICATIONS
Standard Reference IEC
Normal system volge, KV 11
Highest system voltage, KV 12
System fault level, kA 9
Line Discharge Class 10
Lighting Impulse Residual voltage, KV 31

(4). ISOLATOR WITHOUT EARTH SWTCH

Standard Reference IEC
Rated Voltage, KV 11
Rated Frequency, HZ 50
Rated lighting impulse withstand voltage, 1.2/50µS (KV) 66
Rated power frequency withstand voltage, Wet, 50HZ, 31
60secs (KV)
Minimum creepage distance of insulators, mm 900
Rated normal current, A 800
Rated short time withstand current for 3secs, Ka 17.5

(5). ISOLATOR WITH EARTH SWITCH

Standard Reference IEC
To be fitted with Earth Switch To provide
Rated Voltage, KV 11
Rated Frequency, HZ 50
Rated lighting impulse withstand voltage, 1.2/50µS (KV) 66
Rated power frequency withstand voltage, Wet, 50HZ, 60secs (KV) 31
Minimum creepage distance of insulators, mm 900
Rated normal current, A 800
Rated short time withstand current for 3secs, kA 17.5

Minimum Requirements for Energy Tariff meter for the Feeder panel.
Programmable energy meter that can capture and record the following;
 Frequency …………… 50Hz
 Power consumption … >2W 8VA
 Accuracy class ……….. 0.2 or 0.5
 Maximum daily time error … < 0.5sec
 Working Temperature range …. 20⁰C - 55⁰C
 Display of instantaneous Current and voltages
 Display of current Date, time and network frequency
 Interface via communication cable and navigation buttons
 Displaying and recording total power including and not limited to KVA demand, KVar
demand, KW demand and KWhr demand.

139
  Displaying and recording the total power and Peak, shoulder, Flat, Valley of present month
and previous & last 2 months
 Recording and displaying reverse power
 Maximum demand cycle of 15minutes

Details of Current and voltages are;

 415V, Current Transformation Ratio (CTR); 800/1A

6 DRAWING AND MANUALS

6.1 Two sets of operational manuals and drawings detailing dimensions, panel layout, wiring and
schematic shall be provided.

7 PACKING
7.1 The circuit breaker and associated components shall be packed in a manner as to protect it
from any damage in transportation and repeated handling.

7.2 Each assembly and package of items associated with the circuit breaker shall be suitably
marked.
7.3 Where an item includes a number of components to form a complete assembly, all components
shall be included in one composite package which shall be firmly strapped and bound together.

8 TESTS
8.1 The manufacturer shall be responsible for performing or for having performed all the required
tests specified in this specification. Tenderers shall confirm the manufacturer’s capabilities in
this regard when submitting tenders. Any limitation shall be clearly specified.

8.2 Tender documents shall be accompanied by copies of Type test and Routine rest reports and
certificates for similar rated equipment for the purpose of tender evaluation. Type test reports
and certificates shall be certified by the National Standards and Testing Authority (NSTA) of
the country of origin. Where a body other than NSTA is used to certify the type-test reports, a
copy of the certificate of accreditation shall be attached. Current contact information of the
testing and certification Authority shall be provided. Tenderers should note that this
requirement is mandatory.

8.3 Upon completion of the manufacturing process, routine tests shall be carried out as per IEC
60056. In addition to these tests, Impulse and short circuit breaking tests shall be carried out
on a sample of the circuit breakers and the results endorsed by the NSTA of the country of
manufacture.

8.4 Routine test reports shall be completed for each breaker and made available before the
inspection by REREC representatives.

8.5 All circuit breakers shall be subjected to inspection by two REREC Engineers or her
representative at place of manufacture and all routine tests on randomly picked breakers carried
out in their presence. REREC representatives shall approve shipment of the equipment if they
are satisfied that the requirements of the specification are fully met. The supplier shall quote
separately for this inspection. The full cost of the visit, including air tickets shall however be
borne by the supplier of the equipment.

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8.6 A detailed list and contract addresses of previous customers shall be submitted with the tender.
The manufacturer shall indicate a monthly and annual production capacity and experience in
the production of the type and size of circuit breaker he is offering. List of workshop tools and
equipment shall also be appended.

9 INFORMATION

9.1 Draft design and construction drawings shall be submitted to REREC before the manufacturing
of breakers commence. REREC undertake to submit their comments or approval for the
drawings within three weeks of receiving the draft copies.

9.2 Sufficient relevant technical details and drawings shall be submitted for the purpose of Tender
Evaluation. Tenders which do not meet this requirement shall be considered non-responsive.

9.3 Before manufacturing commences, REREC engineers or her Agents will need to inspect the
manufacturing facility at no extra cost to REREC, excepting the cost of their transportation to
the nearest major airport in the country. Such inspection shall not in any way prejudice the
purchaser’s rights and privileges throughout.

9.4 Manufacturers shall indicate any additional measure taken to mitigate electrical and
mechanical stress resulting from system surges.

9.5 In filling Annex D, where it is stated specify, Tenderers shall refer to the relevant clauses in
this specification. Actual dimensions and values are to be used in filling the Annex D.

The following units of measurement and abbreviations are recommended for use.
Unit Abbreviation Unit Abbreviation

cubic meter M3 or cu m millimeter mm

hectare ha month mon
hour h number nr
kilogram kg square meter m2 or sq m
lump sum sum square millimeter mm2 or sq mm

meter m week wk

metric ton (1,000 t

kg)

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 10. ESIA CONSULTANCY
The key objective of this study is to conduct ESIA with a view to identify the critical environmental
and social concerns in Buna town solar PV minigrid, including the involved transmission line, and
address them as an integral part of project design and obtain license from NEMA

The specific objective includes:

i) To assess the existing environment and social status in the study area and area of influence to
identify threats and issues which have potential to adversely impact important environmental
and social features of the project influence area.

ii) Carry out environmental and social analysis of solar PV minigrid area and potential activities
envisaged under the project, including internal evacuation infrastructure from the solar PV to
sub-station.

iii) Conduct labour influx risk assessment and the key focus would be to assess impacts on local
communities associated with the temporary influx of labour that typically results from
construction works.

iv) Analyse various options available in the site layout and arrangements for ancillary facilities,
like water supply, with special reference to sources – whether local groundwater or water from
distant sources would be used; in case of the latter situation, conveyance facilities will also be
analyzed for impacts, drainage, access, etc. to minimize adverse impacts and enhance positive
impacts, where feasible.

v) Identification of the project affected families; assessment of loss of livelihood / property

resources for people living within the proposed site and in its immediate vicinity through
primary surveys covering all project affected families/ consultations.

vi) Prepare a site-specific ESIA report by documenting environmental features of the project area,
socio-economic and cultural status of community in and around the probable project site. This
assessment should also include considerations of safety – both for the workers in the site and
related facilities, as well as of nearby residents, especially those that live close to ancillary
facilities like borrow areas.

vii) To identify the environmental and social issues associated with implementation of Solar PV
minigrid and develop environmental codes of practices for common activities, like site
preparation, installation of panels, management of waste, occupational health and safety, etc.
and social exclusion list that need to be followed during various stages, such as planning,
construction and operation & maintenance.

ESIA Methodology

As a chapter of the ESIA report, the consultant will describe the methods used for conducting the
ESIA (scoping and bounding, impact analysis and public consultation process, etc.). The consultant
will include a public participation plan to include stakeholder identification process, stakeholders
identified, stages within the ESIA process where stakeholders have participated, and the different
levels of participation used. Identification of impacts will include the identification of the important
environmental components, and selection criteria used for identifying the significant impacts (positive
and negative) whenever possible. Significant levels may be determined through the application of a
scoring system if the consultant feels that such an approach is warranted. The consultant will employ

142
environmental economic analysis where applicable, particularly to justify significant impacts to be
mitigated.

Potential Impacts of the Proposed Project

Using the collected baseline data and the system or monitoring and evaluation, the consultant will
take a systematic approach to identification, mitigation and evaluation of all impacts and will identify
potential changes which the proposed project may cause.

These would include, but not be limited to, changes in the following:
i) Physical environment: geological, topography, soils climate and meteorological; ground water
and surface hydrology
ii) Biological environment: flora, fauna; rare or endangered significant natural sites, etc; species
of commercial importance and species with potential to become a nuisance, vector or
dangerous.
iii) Socio-cultural environment. (Include both present and projected where appropriate);
population affected (number of subsistence systems), land use where appropriate and property
(including houses, crops/plants and other properties etc); planned development activities;
public health; cultural characteristics (including cultural property and heritage); and gender
differentiation.
iv) Economic activities: Livelihood; employment; gender composition. Some examples of the
specific activities are based on field surveys; identification of any species of special concerns,
namely species with conservation status of endemic to the area including birds; commentary
on conservation status of specific species; complication of a broad scale vegetation or habitant
map of the area indicating the extent to which the proposed project can affect each vegetation
or habitant type; description of current land use and complication of a broad land use map.
v) Employment opportunities.
vi) Safety issues, including (i) measures to assure safety of local residents in relation to project
development activities (ii) ensure that the safety and health concerns of permanent, temporary
and migrant workers are addressed and (iii) an HIV, AIDS program for workers and affected
communities.
vii) Construction phase impacts.
viii) Waste management for the entire project, including the work camps and construction
sites.
ix) Traffic density, safety and dust control.
x) Land acquisition and resettlement as per national and international guidelines.

The Consultant will analyze:

i) Positive and negative impacts.
ii) Direct and indirect impacts, short term and long term.
iii) Impacts that are avoidable/unavoidable; reversible/irreversible.
iv) Pre-construction actions to avoid or minimize negative impacts.
v) Construction and operational phase impacts.
vi) Cumulative impacts occurring as a consequence of other activities in the project area: existing
activities, projects under construction or planned activities within a reasonable time frame.
vii) Impacts in critical and non-critical habitats.
viii) Identify the potential risk of the spread of HIV/AIDS and other sexually transmitted
diseases during the construction period, and prepare a detailed plan for awareness and
prevention including resource implications.

143
 ix) Wherever possible, the consultant will describe impacts quantitatively. In terms of
environmental costs and benefits, and assign economic values when feasible. Impact analysis
should be divided between construction and operation impacts.

Environmental and Social Management Plan

i) An Environmental and Social Management Plan (ESMP) that addresses the following aspects
should be prepared:
ii) Activities and impacts: Predicted adverse environmental and social impacts (and any
uncertainties about their effects) for which mitigation is necessary should be identified and
summarized. Effective measures to prevent or reduce significant negative impacts to
acceptable levels during (i) construction and (ii) operation. Estimate the impacts and costs of
those measures. Estimate the costs of any residual impacts. Another area of impacts that could
contribute substantially are the cumulative effects of construction and operational phases of
the Project. Most of these, if not all, can be avoided by following a set of best practices that
the consultant will prepare.
iii) Description of implementation and monitoring program: Prepare a detailed arrangement
(responsibilities) for implementing and for monitoring implementation of mitigation measures
and the impacts of the project during construction and operation and maintenance. This will
include a description of monitoring methodology, specific operations and features to be
monitored, monitoring reporting relationships, and arrangements to ensure that monitoring is
effective and leads to modifications where required to ensure minimal impact on the
environment. Include in the plan an estimate of costs and description of other inputs such as
training and institutional strengthening to ensure effective monitoring. An indication of what
performance indicators to be used is to be provided.
iv) Institutional strengthening and training: Identification of institutional needs to implement
environmental recommendations:

REPORTING
i) The consultant will produce the following reports in draft and final versions:
ii) Environmental and Social Impact Assessment reports
iii) Environmental Management Plan
iv) Stakeholder Engagement Plan (SEP)/ Stakeholder Consultation Plan (SCP)
v) Land Acquisition & Compensation Plan (LACP)/Resettlement Action Plan
vi) Executive Summary of Environmental and Social Impact Assessment Report – Final Report

144
 SECTION VII: DRAWINGS

NO DRAWINGS WILL BE PROVIDED BY THE CLIENT

145
 SECTION VIII: BILLS OF QUANTITIES

The Bill of Quantities shall form part of the Contract Documents and is to be read in conjunction with
the Instructions to Tenderers, Conditions of Contract Parts I and II, Specifications and Drawings.

The brief description of the items in the Bill of Quantities is purely for the purpose of identification,
and in no way modifies or supersedes the detailed descriptions given in the conditions of Contract and
Specifications for the full direction and description of work and materials.

The Quantities set forth in the Bill of Quantities are estimated and provisional, representing
substantially the work to be carried out, and are given to provide a common basis for tendering and
comparing of Tenders. There is no guarantee to the Contractor that he will be required to carry out
all the quantities of work indicated under any one particular item or group of items in the Bill of
Quantities. The basis of payment shall be the Contractor’s rates and the quantities of work actually
done in fulfillment of his obligation under the Contract.

The prices and rates inserted in the Bills of Quantities will be used for valuing work executed, and the
Engineer will measure the whole of the works executed in accordance with this Contract.

A price or rate shall be entered in ink against every item in the Bill of Quantities with the exception
of items, which already have provisional sums, affixed thereto. The Tenderers are reminded that no
“nil” or “included” rates or “lump-sum” discounts will be accepted. The rates for various items should
include discounts if any. Tenderers who fail to comply will be disqualified.

Provisional sums (including day works) in the Bill of Quantities shall be expended in whole or in part
at the discretion of the Engineer in accordance with Sub-clause 52.4 and Clause 58 of part of the
Conditions of Contract.

The price and rates entered in the Bill of Quantities shall, except insofar as it is otherwise provided
under the Contract, include all Constructional plant to be used, labour, insurance, supervision,
compliance, testing, materials, erection, maintenance or works, overheads and profits, taxes and duties
together with all general risks, liabilities and obligations set out or implied in the Contract, transport,
electricity and telephones, water, use and replenishment of all consumables, including those required
under the Contract by the Engineer and his staff.

The Employer for any arithmetic errors in computation or summation will correct errors as follows:

Where there is a discrepancy between amount in words and figures, the amount in words will govern;
and

Where there is a discrepancy between the unit rate and the total amount derived from the multiplication
of the unit price and the quantity, the unit rate as quoted will govern, unless in the opinion of the
Employer, there is an obviously gross misplacement of the decimal point in the unit price, in which
event the total amount as quoted will govern and the unit rate will be corrected.

If a Tenderer does not accept the correction of errors as outlined above, his Tender will be rejected.

The Bills of Quantities, unless otherwise expressly stated therein, shall be deemed to have been
prepared in accordance with the principles of the latest edition of the Civil Engineering Standard
Method of Measurement (CESMM).

146
“Authorized” “Directed” or “Approved” shall mean the authority, direction or approval of the
Engineer.

Unless otherwise stated, all measurements shall be net taken on the finished work carried out in
accordance with the details shown on the drawings or instructed, with no allowance for extra cuts or
fills, waste or additional thickness necessary to obtain the minimum finished thickness or dimensions
required in this Contract. Any work performed in excess or the requirements of the plans and
specifications will not be paid for, unless ordered in writing by the Engineer.

Hard material, in this Contract, shall be defined as the material which, in the opinion of the Engineer,
require blasting, or the use of metal wedges and sledgehammers, or the use of compressed air drilling
for their removal, and which cannot be extracted by ripping with a dozer tractor of at least 150 brake
horse power (112 kilowatt) with a single, rear-mounted, hydraulic ripper. Boulders of more than 0.2m3
occurring in soft material shall be classified as hard material. Soft material shall be all material other
than hard material.

6. Design, supply, installation, testing and commissioning of all works and equipment

1: FENCE
Tender to provide layout plans and drawings for approval by employer before commencement of
construction.
ITEM RATE AMOUNT
DESCRIPTION UNITS QTY (Kshs) (Kshs)

Preliminaries
A Consultancy services for Environmental and Social Impact Sum 1
Assessment (ESIA) for Solar PV minigrid, including internal
evacuation infrastructure and associated transmission lines of
aggregate capacity of 280KW in Buna town, Wajir county.
1.2 Compound Fence
Provide all materials and install 2400mm high chain link
1.2.1 fence above ground level consisting of 125x125x3000mm LM 600
overall cranked precast concrete post (mix 1:2:4) to BS 1722
posts with 450mm long cranks at 3.0m centers reinforced
with 4 No. 8mm diameter high tensile bars including 6mm
diameter stirrups at 300 centers complete with 14 1/2 gauge
x6 strand galvanized barbed wire fencing and mortised in
mass concrete surround 1:3:6 including all excavations,
formwork and disposals
1.2.2 Extra over ditto; for 100x100mm precast concrete struts No 12
2600mm long at every 50m interval.
1.3 Palisade Gate
Supply and fix double leaf steel palisade gate with
a passengers gate including building in lugs and jamb to LM 4.8
concrete columns
1.4 Solar PV Generator Yard fence

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ITEM RATE AMOUNT
DESCRIPTION UNITS QTY (Kshs) (Kshs)

1.4.1 Provide all materials and install 2400mm high chain link LM 312
fence above ground level consisting of 125x125x3000mm
overall cranked precast concrete post (mix 1:2:4) to BS 1722
posts with 450mm long cranks at 3.0m centers reinforced
with 4 No. 8mm diameter high tensile bars including 6mm
diameter stirrups at 300 centers complete with 14 1/2 gauge
x6 strand galvanized barbed wire fencing and mortised in
mass concrete surround 1:3:6 including all excavations,
formwork and disposals. Allow for 1.5 M pedestrian Gate
1.4.5 Extra over ditto; for 100x100mm precast concrete struts No 7
2600mm long at every 50m interval.

TOTAL CARRIED GRAND SUMMARY

Guard House

RATE AMOUNT
ITEM DESCRIPTION UNITS QTY (Kshs) (Kshs)
Erect guard house size 3500x 3000 x 2400 mm high overall
dimensions: constructed in reinforced concrete foundations,
200 mm thick masonry walling plastered and painted
2
internally: G28 IT5 Iron sheets on cypress timber
understructure; 1 No metallic door(900 x2100 mm): 3No
windows; size 900 x1200 mm ( see attached drawings
2.1 Substructure
Excavations including maintaining and supporting sides and
keeping free from water, mud and fallen material
a) Excavate trench for foundation not exceeding 1.50 meters
CM 5
deep, starting from reduced levels
b) Extra over excavations for excavating in soft rock CM 3
2.1.2 Disposal
a) Return, fill and ram selected excavated material around
CM 4
foundations.
2.1.3 Hardcore or other approved filling, as described
a) 300mm thick well compacted hardcore filling blinded with
SM 7
25mm thick quarry dust layer to receive surface bed
2.1.4 Anti-termite treatment
a) Chemical anti-termite treatment, executed complete
by an approved specialist under a ten-year guarantee, to SM 7
surfaces of hard-core
2.1.5 Damp-proof membrane
a) 1000 gauge polythene or other equal and approved
damp-proof membrane, laid over blinded hardcore (measured SM 7
separately) with 300mm side and end laps (measured nett-allow
for laps)
2.1.6 Plain concrete class 15 in:
a) 50mm blinding under foundations SM 7
2.1.7 Reinforced concrete class (20) as described, in:-
a) Foundations CM 1
b) 150mm thick surface bed . SM 10
2.1.8 Reinforcement, as described:

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 RATE AMOUNT
ITEM DESCRIPTION UNITS QTY (Kshs) (Kshs)
High yield square twisted reinforcement bars to B.S 4461
KG 400
assorted reinforcement ranging from Y8 - Y10
2.1.9 Mesh fabric reinforcement to B.S 4483 and setting in concrete
with 300mm side and end laps (measured nettallow for laps).
Fabric ref. A142 weighing 2.22kg/ sq.metre,in surface bed. SM 10
2.1.10 Sawn formwork as described to:-
To edge of slabs over 75mm but not exceeding 150mm girth LM 13
2.1.11 Damp-proof courses, as described, to walls
200mm wide LM 13
2.2 Reinforced Concrete Frame
2.2.1 Reinforced concrete class 20, as described in:-
Beams CM 1
2.2.2 Reinforcement, as described
High yield square twisted reinforcement to BS 4461 KG 250
Assorted reinforce cements ranging from Y8-Y20
2.2.3 Sawn formwork, as described, to:
Sides and soffits of beams SM 40
2.3 Walling
Walling in natural coursed stones fine chiseled obtain from an
2.3.1 approved quarry, bedded and jointed in gauged mortar(1:3); SM 31
200mm thick walling externally
2.3.2 15MM cement and sand (1:3) render, finished with wood float SM 31
to:-
Concrete or masonry surfaces internally
Roof construction
2.4 In sawn treated cypress Grade 2
2.4.1 Common timbers
a)150×50mm rafters LM 21
b) 150×50mm purlins LM 29
c)100×50mm wall plate fixed with and including 200mm long
12mm diameter rag bolts cast into beam at 750mm centres In LM 14
wrot cypress LM 14
e) 225×38mm fascia or verge board
2.4.2 PVC leaves boarding
PVC tounged and grooved eaves boarding in strips on and with SM 9
plastic vents along eaves at 200mm centres
2.4.3 In wrot cypress
25mm quadrant beading LM 14
2.4.4 IT5 Box Profile Roofing Sheets
Roof covering not exceeding 45 degrees from horizontal SM 24
including all necessary fixtures
2.4.5 28 Gauge galvanized steel sheet shaped as required
300mm girth twice bent flashing with one end chased and LM 12
grouted to wall in cement and sand mortar
2.4.6 Roof drainage
28 Gauge galvanized steel sheet shaped as required
a)200×100mm pressed steel Box gutter with hammerite finish LM 14
(m.s)including joints in running length fixed to fascia board
with and including brackets at rafter centers board with and
including brackets at rafter centers

149
 RATE AMOUNT
ITEM DESCRIPTION UNITS QTY (Kshs) (Kshs)
b)100×100mm pressed steel square downpipe with hammerite LM 6
finish (m.s) fixed with and including mild steel holderbats
plugged and screwed to walls
2.4.7 28 Gauge galvanized steel sheet shaped as required
a)Extra over gutters for 100mm diameter outlet No 2
b)Ditto for 60 degrees bend No 1
c)Ditto stopped end to 200×100m gutter No 1
d)Extra over down pipe for 100mm swan neck bend No 1
e)Ditto for 100mm shoe No 1
2.4.8 Painting and decoration
a) Knot, prime and stop, prepare and apply two undercoats and
one gloss finishing coat enamel paint on wood surfaces.
Surfaces over 200mm but not exceeding 300mm girth LM 7
b)prepare, prime and supply one undercoats and two gloss
finishing coat enamel paint on the following metal surfaces
General surfaces of flashings 200-300mm girth
c)Prepare and apply three coats of hammerite finish on the
following metal surfaces
General surfaces of gutters and downpipes
LM 2
d)Prepare and apply one coat pinotex stain and two coats
polyurethane matt varnish to :- SM 3
Surfaces over 100mm but not exceeding 200mm girth

Window
Quarry tiles window cill to approval:
150×25mm thick bedded on cement and sand mortar (1:4) LM 7
joined and pointed in red oxide grouting

2.5 Supply and fix the following purpose – made standard 25mm
section steel casement windows complete with fixing lugs,
inbuilt permanent vents, opening and closing accessories and LM 2
20×5mm flat bar burglar proofing grilles to approval:

Window size
90mm wide×1200mm high NO 3
Supply and fix the following glass including glazing I linseed
putty:
4mm thick clear glass panes not exceeding 0.1m2
SM 2
Door
Steel casement doors

Supply and fix purpose – made standard 25mm section steel

2,6 casement folding type single leaf door overall size
900×2100mm high complete with lugs, inbuilt permanent NO 1
vents, opening and closing accessories to approval.

Finishes
Floor
40mm thick cement/sand (1:4) screed : with ‘Sika “ hardener
additive SM 10
Ditto but 150×10mm skirting
2.7 LM 13

150
 RATE AMOUNT
ITEM DESCRIPTION UNITS QTY (Kshs) (Kshs)
Walling

Externally

15mm thick wood float finished render 1:4 below window sill
SM 2
Ditto to beams and walls
Recessed horizontal key pointing to brick walls
SM 3
Internally SM 32
15mm thick two coat lime plaster to walls

Painting and decoration SM 32

Preparing and apply three coats plastic silk emulsion paint to: SM

Plastered walls internally SM

Prepare and apply three coat matt enamel paint to:
General surfaces of metal doors and windows
ITEM 32
Electrical works
Provide a prime cost sum for electrical installation and fittings
to be carried out by a registered and approved sub-contractor 7
ITEM
2.8
Builders work in connection with electrical installation: Cut
away for electrical fittings and conduits: form/leave all holes:
chase: etc.: make good after

Allow for builders work in connection with electrical

installations
TOTAL CARRIED TO SUMMARY

3: 1 DOOR VIP LATRINE

Item Rate Amount
Description Units Qty (Kshs) (Kshs)
3.1 Excavation and Earthworks
3.1.1 Clear site of all vegetation and small trees and dispose off SM 10
Bulk excavations
3.1.2 Excavation of a latrine pit not less than 5meters deep CM 32
Planking and strutting
3.1.3 Allow for Planking and strutting to sides of excavated pits: ITEM 1
including removal of fallen materials
Water disposal
3.1.4 Allow for keeping all excavations from all types of water ITEM 1
including rain and spring water by pumping or through any
method
3.2 Concrete Work
3.2.1 Supplying and placing of Grade 20 concrete as specified on CM 0.5
100mm thick beds

151
Item Rate Amount
Description Units Qty (Kshs) (Kshs)
3.2.2 Supplying and placing of Grade 25 concrete as specified in
CM 1.1
strip footings
3.2.3 Ditto: suspended slabs: 100mm thick with a slab. Formwork CM 1.5
3.2.4 Formwork as specified to vertical sides of strip footing SM 2
3.2.5 Ditto: soffites of suspended slabs SM 5
3.2.6 Ditto: edges of floor beds SM 3
3.2.7 Boxing Formwork to form opening size 450 x 450mm NO 1
for manhole
3.2.8 Ditto: opening in slab size 200 x 300mm NO 2
3.2.9 Ditto: opening in slab size 110mm dia NO 2
Reinforcement: (All provisional)
3.2.10 Y12high yield reinforcement bars with 6mm dia links KG 145
at 200mm c/c.
3.2.11 Lintel size 200 x 150 mm in cross section: including LM 5
4No. Y10 bars and R 6 links at 200mm centers
complete with all formwork: as per Drawing.
3.3 Masonry Works
3.3.1 Up to DPC level-Substructure (Lining) SM 52
200 mm Thick solid block walls: bedded and jointed
in cement and sand (1:4) mortar to lining. Reinforced
with hoop iron wall ties at every alternate course
Concrete block work
3.3.2 200mm thick walls in blocks in cement sand (1:3) SM 21
mortar: reinforced with hoop iron wall ties at every
alternate course
Damp proof course
3.3.3 Horizontal damp proof course: bituminous: laid horizontally LM 10
on screed 20 mm thick (1:3) screed beds to receive block
walls
Roof structures
3.3.4 Supply & fix seasoned timber (cypress) for roof Item 1
trusses( 100 x50mm) and purlins (75 x50mm)
complete with all the required paint works and all
necessary supports
3.4 Roof Covering
3.4.1 Supplying & fixing of gauge 28 pre-painted IT5 box SM 6
profiled roofing sheets ( 0.32mm ) of approved
colour : Nailed to 75x50 timber purlins ( measured
separately)
Valance / Barge Board
3.4.2 25x225mm high timber valance board / barge board LM 10
Nailed to 75x50 timber purlins: all complete with
approved wood preservative as specified and as per
3.5.1 Doors
Steel Door: to fit structural opening size 900mm wide Nos 1
x 2100mm high overall, comprising of 50 x 50x4mm
Angle iron door frame: including all iron mongery
and hardware: fixed to concrete or blockwork:
complete with all required painting and decoration.
3.5.2 Manhole cover
Supply and install 450 x 450 mm mild steel man hole NO 1
cover

152
Item Rate Amount
Description Units Qty (Kshs) (Kshs)
3.6 Ventilation
Vent pipes
Supply and install 2 (two) vent pipes- 110mm dia and NO 2
at least 300mm above the highest point of the roof
3.7 Finishes
Wall Finishes
15mm thick wood float finished render 1:4 below window sill SM 1
3.7.1 Ditto to lintel and walls SM 0.5
Recessed horizontal key pointing to brick walls SM 21
3.7.2 15mm thick two coat lime plaster to walls SM 21
Floor finishes
3.7.3 40mm Thick cement/sand (1:4) screed: With 'Sika' hardener
SM 6
additive
Ditto but 150x10mm skirting SM 5
3.8 Painting
3.8.1 Painting and decoration SM 33
Preparing and apply three coats plastic silk emulsion paint to:
3.8.2 Plastered walls internally SM 4
Prepare and apply three coat matt enamel paint to:
3.8.3 General surfaces of metal doors SM 48.2

TOTAL CARRIED TO GRAND SUMMARY

4. CONTAINER OFFICE, DRAINAGE, WATER SUPPLY & ACCESS ROAD

ITEM DESCRIPTION UNIT QTY RATE AMOUNT
A Preliminaries
4.1 Planters or the Like
Excavate pits 1000X1000X500mm deep :part cart away, part back
4.1.1 NO 40
fill soil and manure mixture in 4.1 ratio
4.1.2 Provide plant well established assorted plants including watering and
weeding until well
established NO 40
4.2 Access road
4.2.1 Excavate in soil to remove top vegetable soil to 250mm deep CM 300
4.2.2 Excavate to reduce levels in sandy soils 400mm deep CM 400
Back fill excavated areas with approved hardcore compacted in
4.2.3 layers not exceeding 150mm thick to 100% maximum dry density. CM 300
As base for the access road and parking
4.2.4 Lay murram as finish compacted in layers not exceeding 150mm CM 200
thick to 100% maximum dry density. With -2.5% camber in the
access road to allow for drainage
4.3 Container Yard
Excavate in soil to remove top vegetable soil to 500mm deep
4.3.1 CM 100
Back fill excavated areas with approved hardcore compacted in
4.3.2 layers not exceeding 150mm thick to 100% maximum dry density. CM 100
As base for the access road and parking

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ITEM DESCRIPTION UNIT QTY RATE AMOUNT
A Preliminaries
4.3.3 Supply, Deliver and spread 3/4 Ballast under and around the CM 60
container ( 100mm Thick)
4.4 Water Supply
4.4.1 Supply and installation of One water tanks (Roto or KenTank) incl No. 1
construction of bases, capacity to be 10,000lts each
4.4.2 Allow for water reticulation from the nearest water source to the site LM 400
storage tank.
Allow for water reticulation from the storage tank to solar yard area
4.4.3 LM 30
and outside the office, Including installation of 2 taps.
4.5 Office Container
Supply, deliver and install 20ft container on site and allow for
4.5.1 modification of the container to an office including casting stub No. 1
columns to hold the container (to engineers Approval).
Supply and install a shed of size 8M by 6.5 M to the Office container.
4.5.2 The shade to be made of steel hollow sections and IT 4 sheets to No. 1
engineers approval.
Supply and Install 24” diameter "ORIENT" extract fans, inclusive of
4.5.3 No. 1
all electrical connections
4.6 Furniture
4.6.1 One office Table No. 1
4.6.2 Chairs No. 4
4.6.3 Storage Cabinet ( Metal Drawers) No. 1
Control house
4,7 Excavate in soil to remove top vegetable soil to 500mm deep CM 72
Back fill excavated areas with approved hardcore compacted in
4.7.1 layers not exceeding 150mm thick to 100% maximum dry density. CM 72
As base for the access road and parking
4.7.2 Supply, Deliver and spread 3/4 Ballast under and around the house ( CM 14.4
100mm Thick)
Allow for design and construction of storm water drainage to
4.8 engineers approval Sum 1

TOTAL CARRIED TO GRAND SUMMARY

GRAND SUMMARY FOR CIVIL

AMOUNT
SECTION SECTION DETAILS
(Kshs.)
1 FENCE
2 SECURITY GUARD HOUSE
3 2 DOOR VIP LATRINE
OFFICE, EQUIPMENT HOUSING, WATER SUPPLY, DRAINAGE
4
AND ACCESS
SUB TOTAL
ADD 16% VAT
SUBTOTAL
ADD 5% CONTIGENCY (to be used with the approval of the Project Manager)
GRAND TOTAL for Civil works (Item 1)

154
7. SUB STATION:
The Bill of Quantities shall form part of the Contract Documents and is to be read in conjunction
with the Instructions to Tenderers, Conditions of Contract Parts I and II, Specifications and Drawings.

The brief description of the items in the Bill of Quantities is purely for the purpose of identification,
and in no way modifies or supersedes the detailed descriptions given in the conditions of Contract
and Specifications for the full direction and description of work and materials.

The Quantities set forth in the Bill of Quantities are estimated and provisional, representing
substantially the work to be carried out, and are given to provide a common basis for tendering and
comparing of Tenders. There is no guarantee to the Contractor that he will be required to carry out
all the quantities of work indicated under any one particular item or group of items in the Bill of
Quantities. The basis of payment shall be the Contractor’s rates and the quantities of work actually
done in fulfillment of his obligation under the Contract.

The prices and rates inserted in the Bills of Quantities will be used for valuing work executed, and
the Engineer will measure the whole of the works executed in accordance with this Contract.

A price or rate shall be entered in ink against every item in the Bill of Quantities with the exception
of items, which already have provisional sums, affixed thereto. The Tenderers are reminded that no
“nil” or “included” rates or “lump-sum” discounts will be accepted. The rates for various items
should include discounts if any. Tenderers who fail to comply will be disqualified.

Provisional sums (including day works) in the Bill of Quantities shall be expended in whole or in
part at the discretion of the Engineer in accordance with Sub-clause 52.4 and Clause 58 of part of the
Conditions of Contract.

The price and rates entered in the Bill of Quantities shall, except insofar as it is otherwise provided
under the Contract, include all Constructional plant to be used, labour, insurance, supervision,
compliance, testing, materials, erection, maintenance or works, overheads and profits, taxes and
duties together with all general risks, liabilities and obligations set out or implied in the Contract,
transport, electricity and telephones, water, use and replenishment of all consumables, including
those required under the Contract by the Engineer and his staff.

The Employer for any arithmetic errors in computation or summation will correct errors as follows:

Where there is a discrepancy between amount in words and figures, the amount in words will govern;
and

Where there is a discrepancy between the unit rate and the total amount derived from the
multiplication of the unit price and the quantity, the unit rate as quoted will govern, unless in the
opinion of the Employer, there is an obviously gross misplacement of the decimal point in the unit
price, in which event the total amount as quoted will govern and the unit rate will be corrected.

If a Tenderer does not accept the correction of errors as outlined above, his Tender will be rejected.

The Bills of Quantities, unless otherwise expressly stated therein, shall be deemed to have been
prepared in accordance with the principles of the latest edition of the Civil Engineering Standard
Method of Measurement (CESMM).

155
“Authorized” “Directed” or “Approved” shall mean the authority, direction or approval of the
Engineer.

Unless otherwise stated, all measurements shall be net taken on the finished work carried out in
accordance with the details shown on the drawings or instructed, with no allowance for extra cuts or
fills, waste or additional thickness necessary to obtain the minimum finished thickness or dimensions
required in this Contract. Any work performed in excess or the requirements of the plans and
specifications will not be paid for, unless ordered in writing by the Engineer.

Hard material, in this Contract, shall be defined as the material which, in the opinion of the Engineer,
require blasting, or the use of metal wedges and sledgehammers, or the use of compressed air drilling
for their removal, and which cannot be extracted by ripping with a dozer tractor of at least 150 brake
horse power (112 kilowatt) with a single, rear-mounted, hydraulic ripper. Boulders of more than
0.2m3 occurring in soft material shall be classified as hard material. Soft material shall be all material
other than hard material.

156
 BILL OF QUANTITIES AND PRICE SCHEDULE FOR STEP UP SUBSTATION
Item Description Unit Qty Unit Price Total Price

1 Control Room Feeder Panel fitted the relays, Set 1

1.600V air circuit breaker,
2. Combined Overcurrent and Earth fault relay 3. Combined
Overcurrent, Earth Fault and Sensitive Earth Fault relay,
3. Annunciator relays
4. Energy meters and directly connected devices as specified in
switchgear specifications and requirements earlier
2. Minimum spares for the generators as stated in the minimum spares Lot 1
for genset requirements
3. Energy Meter (Tariff type, 415V three phase meter) For Feeders No 1
4. Cabling and Earthing for the Generators. Control room will be placed Set 1
approximately 5 metres from the generators for maximum noise
reduction. The step-up transformer will be approximately 20 metres
from the control room. The bidder will provide all control and power
cables up to the step-up transformer.
5. Laptop computer fully loaded with the relays software’s initially Lot 1
stated in the specs.
6. Step-up transformer 600KVA, 0.415/11 KV Step-up TX, fitted with NO 1
Buchholz relay, Temperature gauge and relay, pressure relief valve
and all associated accessories (See specs)
7. 11kv Lighting Arrester (LA)/ Surge Diverters NO 3
8. Supply of Transformer Plinth and substation fencing including NO 1
laying of ballast at the substation at least as per approved Design of
Plant
9. 11Kv Isolator without Earth Switch (DS) Set 1
10. 11Kv Isolator with Earth Switch (DSE) Set 1
11. Outdoor Neutral current transformer (NCT) (transformation ration NO 1
10/1A)
12. Mounting Structures for LA, NCT, DS and DSE Set 1
13 Substation earthing for all the equipment including both indoor and LOT 1
outdoor
14. Supply and install of H pole structure for mounting Autoreclosure at Set 1
least as per approved Design of Plant
15 Install 11kV Autoreclosure supplied by other Sum 1
16 Associated sub-station civil works including fencing and all Sum 1
foundations for equipments
SUB-TOTAL
ADD 16% VAT
TOTAL COST FOR SUBSTATION (Item 2)

157
 16. 280 KW SOLAR PV SYSTEM
Item Description Unit Qty Unit Total Price
Price
CURRENCY:
1. Supply and installation of an array of solar modules that will Set 1
generate enough power such that the power output at the connection
point to the distribution board is not less than 280 kW on a bright
sunny day at mid-day taking into account the system losses. The
modules will be fixed on 60mm x 40mm (minimum) aluminium
angle plates using stainless steel bolts of appropriate size and
anchored firmly to the ground on concrete fixtures so that the
modules are about 1.2 m above the ground for the low height side
and a maximum of 1.5m above the ground for the high height side
in case of a 2m length solar panel or any other height on the high
height side as long the tilt angle is not more than 15o from the
horizontal. A layer of ballast aggregate of 16mm to be laid below
the solar PV arrays. The angle of inclination and orientation of the
modules to be determined by the site geographical coordinates for
maximum optimization of the power output
2. Supply and install a 3-phase 75KVA power output diesel generator Set 1
with 415 V at 50 Hz. It should include a highly corrosion resistant
enclosure, control panel and monitoring, fuel tank and circuit
breaker protection. The diesel generator shall be suitable for indoor
or outdoor installation and shall perform accordingly with the
battery inverter and the system design. The diesel generator shall
work in a fully automatic manner with the above stated component.
A concrete plinth to be constructed for the generator placement plus
a shed of steel hollow sections and IT 4 sheets to engineer’s
approval to house the generator.
3. Supply and installation of a 50 kW (minimum) DC-AC grid inverter Set 6
and accessories. The inverter to be installed under the solar panels
mounting with a small shed above and to have protection of at least
IP54.
4. Battery inverter charger bidirectional of 8 KW (minimum). Set 36
5. Supply and installation of an intelligent controller/manager and No 1
accessories with the capabilities given in the specifications.
6. Supply and installation of a battery bank (Valve regulated lead acid Set 1
or Lithium Ion) of at least 18000Ah capacity complete with
charging system to supply at the point of connection to the bus bar
of the distribution board at the power station during the evening
peak period (7.00 pm to 10.0 pm). The system configuration shall be
designed consisting of minimum 6V mono-blocks of 1500AH
capacity each. The design shall be such that the charging is from the
solar array only but deliver the power to the grid inverter at the
aforementioned time. Allowing for sufficient shelter as per
engineers approval if recommended by the manufacturer – detailed
designs to be presented with the tender document

158
Item Description Unit Qty Unit Total Price
Price
7. Supply and install a 500A TPN Manual change over switch No 1
complete with the metal .enclosure
8. Supply and install Energy Tariff Meter for measuring energy No 1
generated by the solar PV system
9. Design, Supply and install a structures to house all the equipment Set 1
and tested having a protective painting of 2 coat RAL9001 epoxy
and polyurethane, with two lockable doors, ventilation windows,
with anti-panic door and other accessories and shall house the
inverters, intelligent controller and battery bank and other associated
equipment. The structure to be shielded from lighting by provision
of a shed made of steel hollow sections and IT4 sheets with enough
air circulation space between shed and structure. All this to be done
to engineer’s approval. (where indoor installation as per equipment
manufacturers specification)
10. Cabling complete with all necessary accessories for connection of NO 1
solar modules to battery bank, inverter, to intelligent
controller/manager and to agreed connection point at the station
through an energy meter and generator to the battery bank. This to
also include cabling from the diesel generator for integration with
power from the solar plant.
11. Supply and install Remote data monitoring Set 1
12. Transport all to the station, installation, testing and commissioning NO 1
of all equipment under supervision of REREC
13. 12 Months maintenance plus training of maintenance staff. NO 1
14. Factory inspection NO 1
SUB-TOTAL
ADD 16% VAT (Only goods that attract VAT)
GRAND TOTAL For 280KW Solar power plant equipment
(Item 3)

Item Description Unit Qty Unit Price Total Price

1 Fan belt No 2
2 Air filter No 4
3 Thermostat No 1
4 Oil filter No 10
5 Fuel filter No 10
6 Engine Oil (litres) No 210
7 Battery Water (litres) No 10
8 Engine additive (litres) No 10
9 Diodes set No I set
10 AVR No 1
11 Electronic Fuel Control Units (Governor) No 1
SUB-TOTAL
ADD 16% VAT (Only goods that attract VAT)
GRAND TOTAL For Tools and Critical spares (item 4)

159
COST SUMMARY TO BE TRANSFERRED TO FORM OF TENDER AND ITEM TAB IN SRM
SYSTEM

BUNA SOLAR POWER MINI GRID

ITEM DESCRIPTION UNITS QTY RATE AMOUNT
1 Total Civil Works, Sum 1
2 Total Substation works Sum 1
3 Total 280KW Solar
power plant equipment Sum 1
4 Tools and Critical spares Sum 1
TOTAL

160
 SECTION IX : STANDARD F0RMS

STANDARD FORMS

1. Form of Invitation for Tenders

2. Form of Tender
3. Appendix to Form of Tender
4. Letter of Acceptance
5. Form of Agreement
6. Form of Tender Security
7. Performance Bank Guarantee (unconditional)
8. Bank Guarantee for Advance Payment
9. Tender Questionnaire
10. Declaration Form
11. Confidential Business Questionnaire
12. Statement of Foreign Currency Requirement
13. Letter of Notification of Award

NOTE:

1.0 Tenderers must duly fill these Standard Forms as a mandatory requirement.

2.0 Any tender returned with Unfilled Standard Forms shall be considered Non-
Responsive and shall automatically be Disqualified.

161
 FORM OF INVITATION FOR TENDERS

_______________________[date]

To: _____________________________________ [name of Contractor]

_____________________________________[address]
_____________________________________
_____________________________________

Dear Sirs:

REFERENCE: RFX NO. 1000000429- Design, Supply, Installation and Commissioning of 280kW Solar
PV- Diesel Hybrid Minigrid at Buna Trading Centre Wajir County

We hereby invite you and other interested tenderers to submit a tender for the execution and
completion of the above Contract.

Interested bidders may inspect and download the tender document at www.rea.co.keor from the IFMIS Portal at
supplier.treasury.go.ke and submit the same free of charge: The Procurement and Supplies chain Manager
Office situated on the Ground Floor, Kawi House – South C, P.O. Box 34585, 00100 Nairobi

All tenders must Submit One Original and Two Copies of the Tenders and Provide Relevant
Security for the Tender as defined in the tendering documents, and must be delivered to

The Chief Executive Officer

Rural Electrification and Renewable Energy Corporation
Kawi House – South C,
P.O. Box 34585, 00100 Nairobi

On or on the date specified in the Invitation to Tenders .Tenders will be opened immediately
thereafter, in the presence of tenderers’ representatives who choose to attend.

Please confirm receipt of this letter immediately in writing

Yours faithfully_________________________

MANAGER, SUPPLY CHAIN MANAGEMENT

162
 FORM OF TENDER

TO: __________________________[Name of Employer) ____________[Date]

__________________________[Name of Contract]

Dear Sir,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for the
execution of the above named Works, we, the undersigned offer to construct, install and complete such
Works and remedy any defects therein for the Total Price Indicated as
follows:……………………………………..amount in words………………………………

2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after
the receipt of the Project Manager’s notice to commence, and to complete the whole of the Works
comprised in the Contract within the time stated in the Appendix to Conditions of Contract.

3. We agree to abide by this tender until 120 days from tender closing date and it shall remain binding
upon us and may be accepted at any time before that date.

4. Unless and until a formal Agreement is prepared and executed this tender together with your written
acceptance thereof, shall constitute a binding Contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

Duly authorized to sign tenders for and on behalf of

_____________________________________________[Name of Employer]
of___________________________________________[Address of Employer]

Witness; Name______________________________________

Address_____________________________________

Signature___________________________________

Date_______________________________________

163
 APPENDIX TO FORM OF TENDER

(This appendix forms part of the tender)

CONDITIONS OF CONTRACT CLAUSE AMOUNT

Tender Security 2% of bid price
Amount of Performance Security 10.1 Ten percent of Tender Sum in the
(Unconditional Bank Guarantee) form of Unconditional Bank
Guarantee
Program to be submitted 14.1 Not later than 28 days after
issuance of Order to Commence
Cash flow estimate to be submitted 14.3 Not later than 28 days after
issuance of Order to Commence
Minimum amount of Third Party Insurance 23.2 Kshs. 5,000,000.00
Time for completion 43.1 Tenderer to indicate
Amount of liquidated damages 47.1 0.05% of the Contract Price per
day
Limit of liquidated damages 47.1 10% of Contract Value
Defect Liability period 49.1 Twelve Months
Percentage of Retention 60.5 10% of Interim Payment
Certificate
Limit of Retention Money 60.5 10 % of Contract Price
Minimum amount of interim certificates 60.2 Contract value/Time for
completion in months
Time within which payment to be made after 60.8 60 days
Interim Payment Certificate signed by
Engineer
Time within which payment to be made after 60.8 60 days
Final Payment Certificate signed by Engineer
Appointer of Arbitrator 67(3) Chief Justice of The Republic of
Kenya
Notice to Employer and Engineer 68.2 The Employers address is:

Chief Executive Officer,

Rural Electrification and
Renewable Energy Corporation
P. O. Box 34585-00100
Nairobi, Kenya.

The Engineer’s address is: Rural

Electrification and Renewable
Energy Corporation, P. O. Box
34585-00100 Nairobi

Signature of Tender………………………………… Date……………………

164
 LETTER OF ACCEPTANCE

_______________________[date]

To: _______________________
[name of the Contractor]

_____________________
[address of the Contractor]

Dear Sir,

This is to notify you that your Tender dated ___________________________

for the execution of ________________________________________________
[name of the Contract and identification number, as given in the Tender documents] for the Contract Price of
Kshs. __________________________ [amount in figures][Kenya
Shillings______________________________(amount in words) ] in accordance with the Instructions to
Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract
documents.

Authorized Signature …………………………………………………………………

Name and Title of Signatory …………………………………………………………

Attachment : Agreement

165
 FORM OF AGREEMENT

THIS AGREEMENT, made the _________________ day of ________ 20 ______

between________________________________________________of[or whose registered office is situated
at]__________________________________________
(hereinafter called “the Employer”) of the one part AND
________________________________________________________of[or whose registered office is situated
at]_________________________________________
(hereinafter called “the Contractor”) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes

________________________________________________________________________
(name and identification number of Contract ) (hereinafter called “the Works”) located
at______________________________[Place/location of theWorks]and the Employer has accepted the tender
submitted by the Contractor for the execution and completion of such Works and the remedying of any defects
therein for the Contract Price of Kshs___________________________[Amount in figures],Kenya
Shillings_____________________________________________[Amount inwords].

NOW THIS AGREEMENT WITNESSETH as follows:

In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them
in the Conditions of Contract hereinafter referred to.

The following documents shall be deemed to form and shall be read and construed as part of this Agreement
i.e.

Letter of Acceptance

Form of Tender

Conditions of Contract Part I

Conditions of Contract Part II and Appendix to Conditions of Contract

Specifications

Drawings

Priced Bills of Quantities

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned,
the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any
defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of
the Works and the remedying of defects therein, the Contract Price or such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first
before written.

The common Seal of _________________________________________________

166
Was hereunto affixed in the presence of ________________________________

Signed Sealed, and Delivered by the said ______________________________

Binding Signature of Employer ________________________________________

Binding Signature of Contractor _______________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

[ii] Name _______________________________________

Address_____________________________________

Signature____________________________________

167
 FORM OF TENDER SECURITY FORM

WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his tender

dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)

KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at
………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called
“the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be made to the
said Employer, the Bank binds itself, its successors and assigns by these presents sealed with the Common
Seal of the said Bank this ……………. Day of ………20…………

THE CONDITIONS of this obligation are:

a) If after tender opening the tenderer withdraws his tender during the period of tender validity specified
in the instructions to tenderers

Or

b) If the tenderer, having been notified of the acceptance of his tender by the Employer during the period
of tender validity:

I. Fails or refuses to execute the form of Agreement in accordance with the Instructions to
Tenderers, if required; or
II. Fails or refuses to furnish the Performance Security, in accordance with the Instructions to
Tenderers;
III. Rejects a correction of an arithmetic error in the tender.

We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without
the Employer having to substantiate his demand, provided that in his demand the Employer will note that the
amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying
the occurred condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and
any demand in respect thereof should reach the Bank not later than the said date.
___________________________ ______________________________
[date[ [signature of the Bank]

___________________________ ______________________________
[witness] [seal]

(Amend accordingly if provided by Insurance Company)

168
 PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)

To: _________________________(Name of Employer) ___________(Date)

__________________________(Address of Employer)

Dear Sir,

WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in pursuance of

Contract No. _____________ dated _________ to execute _______________ (hereinafter called “the Works”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with
a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with his
obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of Kshs. ________________ (amount of Guarantee in figures) Kenya
Shillings__________________________________________ (amount of Guarantee in words), and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within
the limits of Kenya Shillings _________________________ (amount ofGuarantee in words) as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with
the demand.

We further agree that no change, addition or other modification of the terms of the Contract or of the Works to
be performed thereunder or of any of the Contract documents which may be made between you and the
Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of
any change, addition, or modification.

This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________

(Amend accordingly if provided by Insurance Company)

169
 BANK GUARANTEE FOR ADVANCE PAYMENT

To: ________________________ [name of Employer] ___________(Date)

________________________[address of Employer]

Gentlemen,
Ref: _______________________________________________[name of Contract]

In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract,
We,_______________________________________[name and Address of Contractor] (hereinafter called
“the Contractor”) shall deposit with _______________________________[name of Employer] a bank
guarantee to guarantee his proper and faithful performance under the said Contract in an amount of
Kshs._____________[amount of Guarantee in figurers] Kenya
Shillings_____________________________________[amount of Guarantee in words].

We, ________________[bank or financial institution], as instructed by the Contractor, agree unconditionally

and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to
___________________________[name of Employer] on his first demand without whatsoever right of
objection on our part and without his first claim to the Contractor, in the amount not exceeding
Kshs________________________[amount of Guarantee in figures] Kenya Shillings
_____________________________________________________________[amount of Guarantee in words],
such amount to be reduced periodically by the amounts recovered by you from the proceeds of the Contract.

We further agree that no change or addition to or other modification of the terms of the Contract or of the
Works to be performed thereunder or of any of the Contract documents which may be made between
________________________[name of Employer] and the Contractor, shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

No drawing may be made by you under this guarantee until we have received notice in writing from you that
an advance payment of the amount listed above has been paid to the Contractor pursuant to the Contract.

This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract
until ____________________________________(name of Employer) receives full payment of the same
amount from the Contract.

Yours faithfully,

Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________

Address ______________________________________________________________

Date _________________________________________________________________
Witness: Name: ____________________________________________________
Address: __________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________

170
 TENDER QUESTIONNAIRE

Please fill in block letters.

Full names of tenderer

………………………………………………………………………………………

Full address of tenderer to which tender correspondence is to be sent (unless an agent has been appointed
below)

………………………………………………………………………………………

Telephone number (s) of tenderer

………………………………………………………………………………………

Telex address of tenderer

………………………………………………………………………………………

Name of tenderer’s representative to be contacted on matters of the tender during the tender period

………………………………………………………………………………………

Details of tenderer’s nominated agent (if any) to receive tender notices. This is essential if the tenderer does
not have his registered address in Kenya (name, address, telephone, telex)

………………………………………………………………………………………

………………………………………………………………………………………

_______________________
Signature of Tenderer

Make copy and deliver to:_____________________(Name of Employer)

171
 DECLARATION FORM

Date
Date
To:
…………………………………
…………………………………
…………………………………

Ladies and Gentlemen,

The Tenderer i.e. (full name and complete physical and postal address)
declare the following: -

a) That I/ We have not been debarred from participating in public procurement by anybody,
institution or person.
b) That I/ We have not been involved in and will not be involved in corrupt and fraudulent
practices regarding public procurement anywhere.
c) That I/We or any director of the firm or company is not a person within the meaning of
paragraph 3.2 of ITT (Eligible Tenderers) of the Instruction to Bidders.

Yours sincerely,
_____________________
Name of Tenderer
_________________________________
Signature of duly authorized person signing the Tender

__________________________________
Name and Capacity of duly authorized person signing the Tender
__________________________________
Stamp or Seal of Tenderer

172
 CONFIDENTIAL BUSINESS QUESTIONNAIRE

All Tenderers are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2
(c) whichever applies to your type of business. Tenderers are advised that it is a serious offence to
give false information on this form.

Part 1 – General

Business Name…………………………………………………………………

Location of business premises…………………………………………………

Plot No. ……………………Street/ Road ………………………………..
Postal Address ………………………….. Postal Code …………………….
Tel No………………………………..
Facsimile..………………………………..
Mobile and CDMA No……………………….
E-mail:…………………………………………………
Nature of your business ……………………………………………………….
Registration Certificate No.……………………………………………………
Maximum value of business which you can handle at any time KSh…………..
Name of your Bankers …………………………..Branch… ………………
*Names of Tenderer’s contact person(s) ………………………….
Designation/ capacity of the Tenderer’s contact person(s) ………………………………
Address, Tel, Fax and E-mail of the Tenderer’s contact person(s) ……………….
……………………………………………………………………………………...

Part 2 (a) Sole Proprietor

Your name in full ………………………………………………………………….
Age………………………. Nationality ……………Country of origin ……..…..

Part 2 (b) Partnership

Give details of partners as follows: -
Names Nationality Age Shares (%)
1.……………………………………………………………………….…
2.……………………………………………………………………….…
3….…………………………………………….…………………………

7.1
Part 2 (c) Registered Groups
Give details of members as follows: -
Names Nationality Age Gender Shares (%)
1.……………………………………………………………………….…….…

173
2.……………………………………………………………………….…….…
3….…………………………………………….……………………………….

Part 2 (d) Registered Company

Private or Public …………………………………………………………

State the nominal and issued capital of company-
*Nominal in KSh. ……………………………………….
*Total Issued KSh. ………………………………….
Give details of all directors as follows
Name Nationality Age Shares (%)
1………………………………………………….………………..…………….
2……………………………………………………….………………….……….
3……………………………………………………………………………………..
Name of duly authorized person to sign for and on behalf of the
Tenderer ..………………………..

7.2
Capacity of the duly authorized person……………………………………
Signature of the duly authorized person……………………………..

174
 STATEMENT OF FOREIGN CURRENCY REQUIREMENTS

(See Clause 60[5] of the Conditions of Contract)

In the event of our Tender for the execution

of______________________________________________ (name of Contract) being accepted, we
would require in accordance with Clause 21 of the Conditions of Contract, which is attached hereto,
the following percentage:

(Figures)………………………… (Words)……………………………………………………..

of the Contract Sum, (Less Fluctuations) to be paid in foreign currency.

Currency in which foreign exchange element is required:

………………………………………………………………………………………………………

Date: The ………… Day of …………….. 20…………….

Enter 0% (zero percent) if no payment will be made in foreign currency.

Maximum foreign currency requirement shall be _____________(percent) of the Contract Sum, less
Fluctuations.

_____________________
(Signature of Tenderer)

175
 MANUFACTURER’S AUTHORIZATION FORM

(To Be Submitted On Manufacturer’s Letterhead)

To:
Rural Electrification and Renewable Energy Corporation
Ground Floor: Kawi House, South C; Off Red Cross Road, Behind Boma Hotel
P.O. 34585 – 00100
NAIROBI,
KENYA

WHEREAS WE …………………………… (Name of the manufacturer) who are established and

reputable manufacturers of …………………………
(name and description of the goods) having factories at ……………(full address and physical location
of factory(ies) where goods to be supplied are manufactured) do hereby confirm that
………………………………………
(name and address of Supplier) is authorized by us to transact in the goods required against your
Tender ……………………………… (Insert reference number and name of the Tender) in respect of
the above goods manufactured by us.

We commit to comply with all the Guaranteed Technical Particulars (GTP) provided by the bidder
authorized above and confirm that where the said supplier has signed and stamped the GTP the same
shall be binding to us as a Manufacturer.

WE HEREBY extend our full guarantee and warranty as per the Conditions of Contract for the goods
offered for supply by the above firm against the Invitation to Tender.
DATED THIS……DAY OF…………….20……
___________________________________
Signature of duly authorized person for and on behalf of the Manufacturer.
__________________________________
Name and Capacity of duly authorized person signing on behalf of the Manufacturer

NOTES TO TENDERERS AND MANUFACTURERS

 Only a competent person in the service of the Manufacturer should sign this letter of authority.
 Manufacturers seal

176
 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________
_____________________
To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.

Please acknowledge receipt of this letter of notification signifying your acceptance.

The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier
than 14 days from the date of the letter.

You may contact the officer(s) whose particulars appear below on the subject matter of this letter of
notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

177
 ANNEX 1

Schedule of designs and drawings to be submitted together with the tender document:

ITEM DESCRIPTION CONFIRMATION

1 The tenderer shall submit together with the tender document
drawings and parts identification lists for every item of the
plant, the drawings shall contain exploded views/diagrams of
the main assemblies comprising the plant together with a means
of identifying each component including its part number,
reference and description as per the manufacturer’s coding
system.
2 The battery inverter charger, PV grid tied inverter, and all
monitoring equipment shall be installed with natural air
ventilation according to the equipment manufacturer’s
recommendations in a standard structure and the tenderer to
submit with the bid document detailed design of the structure
which will house all the equipment and present for approval.
3 A concrete plinth to be constructed for Transformer placement,
the substation layout and design details of all associated
structures including Autorecloser, CTs and VTS, surge
diverters, lightning masts and transformer yard fence including
dimensioned drawings and data showing all significant details
of the equipment and materials to be used shall be submitted to
the Employer for approval.
4 The tenderer shall submit with the bid document Meter drawing
giving all the relevant dimensions, wiring diagrams, description
leaflet including details of programming of the meters, user’s
and service manuals.
5 The tenderer shall submit with the bid document a schedule of
commissioning test to be contacted during testing and
commissioning and the expected output values where
applicable

ANNEX II

178
 RURAL ELECTRIFICATION
RENEWABLE ENERGY CORPORATION
(Formerly Rural Electrification Authority)

SITE VISIT FORM

TENDER NO: ……………………………………………………………..

DESCRIPTION: …………………………………………………………...
CONFIRMATION OF SITE VISIT

Name of Tenderer……………………………………………….

Date of Visit………………………………………………………

Name of Representative:…………………………………………

Qualification………………………………………………………

ID NO………………………………………………………………

Signature…………………………………… Tenderer’s Official Stamp……………….

Site Visit conducted by REREC Project’s Supervisor

Name ………………………………………

Signature……………………………………

179