Bidding Document - Cold Storage For Meat and Associated Facilities Final-1

MINISTRY OF AGRICULTURE, LIVESTOCK & FISHERIES
STATE DEPARTMENT OF LIVESTOCK
SUPPORT TO MODERNIZATION OF AGRICULTURE BY THE POLISH

GOVERNMENT
SUPPLY INSTALLATION, TESTING AND COMMISSIONING OF COLD

STORAGE ROOMS FOR MEAT AND ASSOCIATED FACILITIES
TENDER NO. MOAL&F/SDL/20/2015-2016
OCTOBER 2015
1
INDEX
SECTION 1 Invitation for Bids ................................................................................ 2
SECTION 2 Instructions to Bidders ........................................................................... 4
SECTION 3 Evaluation and Qualification Criteria .......................................................30
ECTION 4 Bid Forms.. ...........................................................................................38
SECTION 5 Technical Specifications and Drawings ...................................................66
Schedule of Contract Drawings ...............................................................................93
A. Meet storage Plans ..........................................................................................94
B. Bills of Quantities. ...........................................................................................95
SECTION 6 Contract.. ......................................................................................... 128
SECTION 1
2
SECTION 1
Invitation for Bids
1.
The Government of the Republic of Kenya through the Ministry of Agriculture,

Livestock and Fisheries has received a Tied Aid Credit from the Government of the
Republic of Poland for financing projects in the area of modernization of Agriculture.
The credit shall be used to finance the contract for deliveries of goods and services
from the Republic of Poland to the Republic of Kenya.
2.
The Ministry of Agriculture, Livestock and Fisheries, now invites eligible Polish
entrepreneurs or its joint ventures or consortia to submit their sealed bids in order
to Supply, Install, Test and Commission the projects in accordance with the bidding
documents.
Services include: The Goods, Plant and Equipment to be supplied, including

delivery and transport to Project Site, inspection on delivery, installation, Testing &
commissioning, start up, preventive maintenance, technical guarantee for 24
(twenty four) months.
3.
The Goods and Services included under the scope of the Project must comply with
the requirements of origin established in the Bidding Documents.
4.
The bidding documents shall be available in the Ministry of Agriculture, Livestock

and Fisheries website www.kilimo.go.ke and the Government of the Republic of
Poland the Ministry of Finance of the Republic of Poland website www.mf.gov.pl
Interested eligible Polish entrepreneurs may download bidding documents from the
websites. Late applications for Bidding Documents will be rejected.
5.
In Kenya, the Bidding Documents will be available to eligible bidders from the
website in 4 above.
6.
It will be allowed, after being registered as a single company, to Bid in a Joint

Venture or Consortium with other registered or non-registered Bidders. In this case,
before the deadline for obtaining the Bidding Documents, the Bidders must
communicate to the Contracting Authority and the Government of the Republic of
Poland to participate in the Bid as a member of a Joint Venture or Consortium by
submitting a Letter of Registration and a Letter of Appointment of Joint Venture or
Consortium. A Bidder participating on its own or as a member of a Joint Venture or
Consortium shall not be allowed to participate in more than one Bid.
7.
Bidders shall be entitled to request clarifications on the Bidding Documents.
8.
The address for delivery of the Bidding Documents in Kenya is:

Ministry of Agriculture, Livestock and Fisheries
State Department of Livestock
Address: P. O. Box 34188-00100 Nairobi, Kenya
Telephone: +254 020 2718870
Email:pslivestock@kenya.go.ke
Website: www.kilimo.go.ke
9.
Bids in Plain sealed envelopes, marked with the tender number and corresponding
description to be sent or deposited in the tender box provided at Kilimo House,
reception to be received on or before 27th November, 2015 at 12.00 noon
(East African Time). Late bids will be rejected.
SECTION 1
3
10. Bids will be opened on 27th November, 2015 at 12.00 noon (East African
Time) in the presence of duly authorised representatives of Bidders wishing to
attend and a representative of the Polish Embassy in Kenya. The opening date for
the tenders will be notified to the Polish Embassy in Kenya.
11. All Bids must be accompanied by a Bid Security, denominated in US Dollar (USD),
duly issued by a bank of renowned international repute in the sum of 1% of the
tender sum valid for a time period of One Hundred and Fifty (150) days from the
date of bid opening.
12. One hardcopy and one electronic copy of each of the submitted Bids shall be given
to the representative of the Government of the Republic of Poland Office in Kenya at
the time of the opening of the Bids.
SECTION 1
4
SECTION 2
Instructions to Bidders
INDEX
SECTION 2 Instructions to Bidders ........................................................................... 4
A. GENERAL PART ............................................................................................. 6
1. Scope of Bids .............................................................................................. 6
2. Source of Funds .......................................................................................... 6
3. Bidding Process Schedule ............................................................................. 7
4. Eligibility .................................................................................................... 7
5. Technical, Economic and Financial Capacity of Bidders ..................................... 9
6. Bidding Documents .....................................................................................11
7. Clarification of Bidding Documents ................................................................11
8. Amendment of Bidding Documents ...............................................................12
9. Site Visit / Clarification Meeting ....................................................................12
10. Cost of Bidding ...........................................................................................12
11. Language of Bid .........................................................................................12
12. Bid Price ....................................................................................................12
13. Documents Comprising the Bid .....................................................................13
14. Documents Establishing the Eligibility of the Bidder ........................................15
15. Documents Confirming that the Project Meet the Bidding Documents Technical
Requirements. ...........................................................................................17
16. Period of Validity of Bids ..............................................................................18
17. Bid Security ...............................................................................................18
B. SUBMISSION OF BIDS .................................................................................20
18. Format and Signing of Bid ...........................................................................20
19. Submission, Sealing and Marking of Bids .......................................................20
20. Deadline for Submission of Bids ...................................................................22
21. Late Bids ...................................................................................................22
22. Modification of or withdrawal of Bids .............................................................22
C. BIDS OPENING AND EVALUATION .................................................................22
23. Bid Opening ...............................................................................................22
24. Confidentiality ............................................................................................23
25. Clarification of Bids .....................................................................................23
26. Responsiveness of Bids ...............................................................................23
27. Evaluation of Bids .......................................................................................24
28. Nonconformities, errors and omissions ..........................................................24
29. Right of the Contracting Authority to accept or reject any Bid ..........................25
SECTION 2
5
D. CONTRACT AWARD ......................................................................................26
30. Notification of Award ...................................................................................26
31. Signing of Contract .....................................................................................26
32. Performance Security ..................................................................................27
33. Ethics Clauses ............................................................................................27
SECTION 2
6
INSTRUCTIONS TO BIDDERS
A.
1.
2.
GENERAL PART
Scope of Bids
1.1
The Ministry of Agriculture, Livestock and Fisheries of the Republic of Kenya,

herein after referred to as the Contracting Authority, has convened a Bidding
Process restricted to Polish Entrepreneurs. The successful Bidders shall
provide the Services, supply, Install and Commission the Goods related to the
project in Kenya.
1.2
For all purposes with regard to these Bidding Documents:

(a)
The term in writing refers to written communication (e.g. by e-mail,

fax, recorded post) with acknowledgement of receipt;
(b)
wherever the context so requires, singular may mean plural and

vice versa;
(c)
day refers to a calendar day; and
(d)
any terms set out shall be interpreted pursuant to the definitions given
under the General Conditions of Contract included in SECTION 6 of
these Bidding Documents.
Source of Funds
2.1
The Government of Republic of Kenya through the Ministry of Agriculture,

Livestock and Fisheries has received a Tied Aid Credit from the Government of
the Republic of Poland for financing projects in the area of modernization of
Agriculture
2.2
The award procedure for this Project will be governed by the provisions
established under the Inter-Governmental Credit Agreement signed on
September 22nd, 2015 entered into between the Treasury of the Republic of
Kenya (hereinafter referred to as the Government of Kenya) on behalf of the
Republic of Kenya and the Republic of Poland, as well as, by public
procurement law and any other applicable law in the beneficiary country.
2.3
The Government of Republic of Poland, in its legal capacity as government

body responsible for the administration of the OECD regulations, will act to
ensure that the principles of transparency and free competition are duly
applied.
SECTION 2
7
2.4
3.
The Government of Republic of Poland reserves the right to suspend or cancel

the financing for this Project in the event that any fraudulent practices or
corruption are found to have occurred, if the Ethics Clauses established under
these Instructions to Bidders are not adhered to or if any other irregularity
occurs in the Bidding Process that contravenes the principles of competition
and transparency, in case of any objection of OECD as to accordance of the
projects or individual contracts financed under this Agreement with the
provisions of arrangement on officially supported Export Credits, the contract
will not be financed under the Agreement irrespective of the fact that
individual contracts within the projects have been accepted by both
contracting parties according to Article 3 of the agreement on the extended
tied aid credit
Bidding Process Schedule

DATE
4.
Invitation for Bid
26/10/2015
Deadline for submission of Bids
27/11/2015
Period for validity of Bids (120 days)
26/03/2016
Period for requesting clarifications

from Contracting Authority
13/11/2015
Period for the Contracting Authority to

answer to requests for clarification
20/11/2015
Public Session for Opening sealed Bids
27/11/2015
Eligibility
4.1
Eligible Bidders
4.1.1
SECTION 2
This Bidding Process is open to Polish Entrepreneurs only:

(a)
Legally registered in Poland and incorporated and operating in

conformity with the provisions of the Polish laws.
(b)
Joint Ventures (JV) or Consortia formed

companies legally registered in Poland:
fully
by
Polish
(i)
all parties to the JV or Consortium shall be jointly and

severally liable; and
(ii)
JVs and Consortia shall nominate a representative who

shall have the authority to conduct all businesses for and
on behalf of any and all the parties of the JV and or
Consortium during the Bidding Process and, in the event
the JV and or Consortium is awarded the Contract, during
contract execution;
8
(iii) If the Bidder is in the form of JV or Consortium, any
resources of the parties under the JV or Consortium shall
be mutually bound as a one entity resource.
4.1.2
This Bidding Process is open to all legal entities with Articles of

Association or founding regulations that include among their aims
objectives or scope of business activity carrying out the business
activity or providing the services comprising the Contract subject.
4.1.3
All Bidders having a conflict of interest will be disqualified. Bidders

will be deemed to have a conflict of interest in the event that:
a. they are or have, either directly or indirectly, been associated with
a company or any of its subsidiaries or owned companies involved
in preparing the design, Technical Requirements and other
documents used in the Bidding Process; or
b. if they submit more than one Bid in each category of the Bidding
Process. Nevertheless, participation by sub-contractors in more
than one Bid is not restricted as long as their involvement does
not exceed 40% (forty per cent) of the total amount of the Bid.
4.2
SECTION 2
4.1.4
Bidders must provide evidence that they or any of their subsidiaries

or owned companies are up to date in compliance with their Polish
tax and Social Security obligations.
4.1.5
Bidders must provide evidence that they have complied with the
provisions set down in international agreements entered into by
Poland with regard to company liability, labour rights and gender
equality rights and, particularly, in agreements regarding the fight
against corruption and environmental concerns of the Credit for
Export Group of the Organisation for Economic Co-operation and
Development (hereinafter, OECD). Bidders must provide evidence
that they have not been sanctioned for any violations of human
rights, for having participated in any corrupt practices nor for having
breached any agreements regarding workers rights, childhood rights
or any other ethics in contradiction of international agreements
ratified by Poland.
4.1.6
Bidders shall provide evidence of their eligibility satisfactory to the

Contracting Authority, in accordance with Clause 14.1 of these
Instructions to Bidders.
4.1.7
For process suppliers, bidders must provide a competent local partner

who must be experienced and demonstrate adequate capacity to
carry out local Installation, Testing and Commissioning and handing
over of the operating plant. The partner must have an established
workshop and equipment for backup services, spare parts and other
relevant consumables in accordance to clause 4.2.2 of the conditions
of contract.
Eligible Goods, Services and Works
4.3
4.2.1
The origin of the Goods, Services and Works of the Project and to be
financed by the Government of Poland must adhere to the provisions
set down within the Bilateral Financial Cooperation Agreement
between the Government of Kenya and the Government of Poland as
well as those set down in the General Agreement regarding guidelines
for export credit matters officially approved by the OECD.
4.2.2
The aforesaid Bilateral Financial Cooperation Agreement establishes

that the value of local cost and third country component of goods and
services shall not exceed 40% (forty per cent) of the total value of
the exported Goods and Services. According to the Extended tied aid
credit Agreement the local cost is defined as the part of the
commercial contract relative to the disbursements for payment of the
goods and services supplied by local companies in the Republic of
Kenya under the surveillance of the contractor and conducive to the
implementation of the commercial contract and the local company
means a company which is duly registered in Kenya under the
Companies Act and whose operation is based in Kenya.
4.2.3
Bidders must expressly state, at the time the Bid is submitted, that
all the goods and services duly comply with requirements regarding
origin and set out the corresponding countries of origin in Form 8
Price Lists (SECTION 4 of these Bidding Documents). Documents
submitted as evidence of eligibility of Goods and Services must
comprise a sworn declaration of country of origin for the Goods and
Services, duly confirmed, with regard to the Goods, by submission of
an official certificate of origin, as issued by the Polish Chamber of
Commerce if the aforesaid certificate is issued in Poland and at the
time of shipment. Failure to submit such certificates or breach of
requirements regarding origin might imply the termination of the
Contract.
4.2.4
For all purposes with regard to this Clause, the term origin of Goods
must be specified pursuant to Community Customs Code (European
Community (EEC) Regulation No 2913/92 and corresponding
legislation for execution, European Commission (EC) Rules No
2454/93). Furthermore, the country of origin of the Services shall be
the same as that of the company providing the Services.
Sub-Contractors proposed by the Bidder

4.3.1
5.
Bidders must set out in detail within the Bid all the main elements to
be subcontracted, stating the name and nationality of such proposed
sub-contractor companies. The Bidder must ascertain that all
proposed subcontractors duly meet eligibility requirements as set
down under Clauses 4.1 and 4.2 of these Instructions to Bidders.
Technical, Economic and Financial Capacity of Bidders
SECTION 2
10
5.1
In order to take part in this Bidding Process, the Bidders must provide
sufficient evidence to the Contracting Authority to show that they meet the
minimum compulsory technical, economic and financial specifications, i.e. that
they have the necessary capacity and sufficient resources to perform the
Contract effectively.
5.1.1
ISO 9001 Certificate

The Bidder must hold an ISO 9001 Certificate. In case of a Bid
submitted by a Joint Venture or Consortium any members comprising
at least 50% (fifty per cent) of the Joint Venture or Consortium or
assigned the role of leader shall provide evidence of holding the ISO
9001 Certificate.
If the Bidder is not the equipment manufacturer, then the Bidder
must also provide the Manufacturer/Official Distributor ISO 9001
Certificate for the Key Equipment pursuant to the provisions set down
under the Technical Requirements of the SECTION 5 of these Bidding
Documents.
5.1.2
Current Ratio 1
Bidders must comply with a Current Ratio (=Total current assets /
Total current Liabilities) 1.
Bidders must provide evidence of compliance with this ratio for the
last 3 (three) available audited financial years as set down under
Clause 14.2. In case of a Bid submitted by a Joint Venture or
Consortium this minimum requirement is to be fulfilled by each of the
members of the Joint Venture or Consortium.
5.1.3
Solvency Ratio 10%

Bidders must comply with a Solvency Ratio (= Total Equity1 / Total
Liabilities) 10%.
Bidders must provide evidence of compliance with this ratio for the
last 3 (three) available audited financial years as set down under
Clause 14.2. In case of a Bid submitted by a Joint Venture or
Consortium this minimum requirement is to be fulfilled by each of the
members of the of the Joint Venture or Consortium.
5.1.4
Minimum Annual Turnover

Bidders must have an average annual turnover of at least USD.
2,000,000.00 (two million USD) for the last 3 (three) available
audited financial years. In case of a Bid submitted by a Joint Venture
or Consortium this minimum requirement is to be fulfilled by the Joint
Venture or Consortium as a whole, by adding the average turnover of
all members of the Joint Venture or Consortium.
Equity = Total asset less total liabilities.
SECTION 2
11
5.1.5
Bank References
Bidders must submit bank references from two major financial
institutions of renowned international repute with which the Bidder
customarily does business.
5.2
6.
Bidding Documents
6.1
7.
The ways to provide evidence of the aforesaid minimum economic, financial

and technical eligibility requirements are specified under Clause 14.2 of these
The Bidding Documents comprise the documents set out below, together with
any changes made by the Contracting Authority pursuant to Clause 8
(Amendment of Bidding Documents) of these Instructions to Bidders:
SECTION 1:
Invitation for Bid
SECTION 2:
Instructions to Bidders
SECTION 3:
Evaluation of Bids
SECTION 4:
Bid Forms
SECTION 5:
Technical Requirements
SECTION 6:
Contract Agreement
6.2
The Contracting Authority does not accept liability for completeness and
accuracy of the Bidding Documents and its amendments, unless they were
obtained directly from the Contracting Authority.
6.3
Bidders are responsible for checking instructions, forms, terms and conditions
and specifications of the Bidding Documents.
Clarification of Bidding Documents

7.1
Any Bidder requiring clarification of any kind with regard to the Bidding
Documents must submit his request to the Contracting Authority, in writing,
at the following address:
Address: P. O. Box 34188-00100 Nairobi, Kenya
Contact Person: Head, Supply Chain Management Services
Telephone: +254 020 2718870
SECTION 2
12
8.
9.
7.2
The Contracting Authority will reply in writing to all requests for clarification,
as long as these are received before the end of the time period set out under
Clause 3 (Bidding Process Schedule) of these Instructions to Bidders. The
Contracting Authority will forward a copy of the clarifications, including a
description of the enquiries raised, without identifying the source, to all
parties that obtained the Bidding Documents directly from the Contracting
Authority. If, as a result of these clarifications, the Contracting Authority
deems it necessary to amend the Bidding Documents the procedure set out
under Clause 8 (Amendment of Bidding Documents) of these Instructions to
Bidders shall apply.
7.3
A copy of all the clarifications made by the Contracting Authority to the

Bidders shall be sent to Polish Embassy in Nairobi, Kenya
Amendment of Bidding Documents

8.1
The Contracting Authority may, of its own accord or in response to a request

for clarification from a Bidder, amend the Bidding Documents, up to a
maximum of 14 (fourteen) days prior to the deadline date for submission of
Bids.
8.2
All changes made by the Contracting Authority are deemed to be an integral

part of the Bidding Documents and must be notified in writing to all
participants that obtained the Bidding Documents directly from the
Contracting Authority. The Bidders must immediately acknowledge receipt of
delivery of any modification of the Bidding Documents. It will be assumed that
the Bidders have taken such amendments into account when preparing their
Bids.
Site Visit / Clarification Meeting

9.1
The Contracting Authority will organise site visit/ Clarification Meeting to the
successful bidders
10. Cost of Bidding

10.1 The Bidder is exclusively liable for costs relating to the preparation and
submission of the Bid. The Contracting Authority shall neither be subject to
nor be deemed liable for costs in any event, regardless of the modality or
outcome of the Bidding Process.
11. Language of Bid
11.1 All Bids, correspondence and documents relating to the Bids, duly exchanged
between the Bidder and the Contracting Authority shall be drawn up in the
Bidding Process language, which is English.
12. Bid Price
12.1 The Price Proposal quoted by the Bidder must be set out in USD and comprise
a total lump-sum and non-revisable price.
12.2
SECTION 2
The Bidders, prior to submitting their Bid, are deemed to have satisfied
themselves that the Bid is correct and sufficient; that they have duly taken
into account all factors as necessary to fully and properly fulfil the Contract
and that they have included all costs within their rates and prices.
13
12.3 The Bidders must quote the total cost of the project, under their sole
responsibility and in such a manner that the total Price Proposal covers all
Contractor obligations with regard to design, manufacturing, including any
purchases or subcontracted items, delivery, works, assembly, installation,
tests and commissioning of the Project as set out in the Bidding Documents or
as may be reasonably inferred from the aforesaid documents. This is deemed
to include all Contractor obligations with regard to testing, inspections and
trials prior to commissioning, as well as Contractor obligations regarding
operation, maintenance and training services and other concepts and services
as specified within the Bidding Documents, all pursuant to the Contract
provisions. Any prices given for items for which the Bidder has not included a
description shall be deemed to have been included under other items.
12.4 The Contractor must ensure that its Technical Proposal, duly complying with
the Technical Requirements set down by the Contracting Authority, fulfils and
is adequate to the purpose of the Project.
12.5 The Bidder must, when drawing up the Price Proposal, bear in mind variations
in currency which may occur due to Goods, Services or Works either locally
contracted or contracted from third countries and having an effect on the
Contract costs, that they do so at the risk of the Bidder.
12.6 The prices of the Price Proposal must remain fixed during execution of the
Contract and may not vary on any grounds. Any Bid filed with adjustable
prices shall be deemed not to correspond to the Bid request and shall,
therefore, be refused.
12.7 The Bidders must file a breakdown of the Price Proposal in such a manner and
providing such details as required in Form 8 Price Lists (SECTION 4 of these
Bidding Documents).
12.8 Prices quoted by the Bidders shall correspond to 100% (one hundred per
cent) of the items specified in SECTION 5, Technical Requirements. All items
as per SECTION 5, Technical Requirements, shall be awarded in a single
Contract.
12.9 Bidders shall include prices in accordance with the Technical Requirements
specified under SECTION 5, Technical Requirements of these Bidding
Documents.
13. Documents Comprising the Bid
13.1 The Bid comprises the following documents:
13.1.1 Administrative Documents (to be placed in envelope A):
i)
SECTION 2
Form 1 Bid Form, by means of which the Bidder duly accepts the
terms and conditions set out within these Bidding Documents.
This Form must be signed either by a person with sufficient legal
rights to oblige the Bidder or by a person with sufficient legal
rights to oblige the Joint Venture or Consortium, in the event that
such rights have been granted.
14
ii) Form 2 Bidder Information, together with documents as
evidence of Bidder eligibility pursuant to Clause 14.1 of these
iii) Form 3 Economical and Financial Capacity, together with
documents as evidence of technical, economic and financial
capacity pursuant to Clause 14.2.1 of these Instructions to
Bidders.
iv) Bank references from at least two (2) first class financial entities
with whom the Bidder operates pursuant to Clause 14.2.2 of these
v) The ISO 9001 Certificate pursuant to Clause 14.2.3 of these
vi) Bid Security, pursuant to Clause 17 of these Instructions to
Bidders and as required in Form 9 Bid Security (SECTION 4 of
these Bidding Documents).
vii) The compact disk which is un-editable.
13.1.2 Documents regarding the Technical Proposal (to be included in

envelope B). Documents proving that the Works, Goods and Services
offered, duly comply with the Technical Requirements included in the
Bidding Documents, possibly comprising printed material, drawings
and details and necessarily containing:
i)
Form 4 Bidder Experience listing works of projects carried out by

the Bidder over the past 10 (ten) years, accompanied by
certificates of satisfactory execution issued by the corresponding
beneficiaries.
ii) Form 5 Performance Schedule in which the Bidder proposes time

periods for executing the Project, providing a general description
of the methods to be used in execution of the Project.
iii) Form 7 Manufacturer/Official Distributor Authorisation. If the
Bidder is not the equipment manufacturer, then the Bidder shall
submit a Manufacturer/Official Distributor Authorization for the
Key Equipment pursuant to the provisions set down under the
Technical Requirements, SECTION 5 of these Bidding Documents.
The Bidder must ask the Manufacturer/Official Distributor to
complete this form in accordance with the instructions provided in
this
Bidding
Documents.
Manufacturer/Official
Distributor
Authorisation shall be written on Manufacturer/Official Distributor
headed notepaper and be signed by the person duly authorised to
sign documents in such a manner as to oblige the
Manufacturer/Official Distributor.
v) Documents as evidence that Goods, Services and Works of the
Project, are in compliance with Clause 15 of these Instructions to
Bidders.
SECTION 2
15
vi)Any other documents as specified under SECTION 5, Technical
Requirements of these Bidding Documents.
13.1.3 Documents regarding the Price Proposal (to be placed in envelope C).
i)
Form 8 Price Lists a Price Proposal for the Project subject of the
Bidding Process, to be submitted as stipulated within these
Bidding Documents. This form must be signed by the person with
sufficient legal power to oblige the Bidder or the person with
sufficient power to oblige the Joint Venture or Consortium, in the
event that such power have been granted.
14. Documents Establishing the Eligibility of the Bidder

14.1 The Bidder shall file the following documents as evidence of eligibility to take
part in this Bidding Process together with the Bid. The documents shall be
submitted in English.
14.1.1 The Bidder shall complete Form 2 Bidder Information".
14.1.2 Authenticated copy (notarized) of the deed of incorporation or of
amendment duly recorded, as appropriate, on the Mercantile
Registry, if such requirement is compulsory under applicable
mercantile law.
Otherwise, an authenticated copy (notarized) of the deed or

document of incorporation, articles of association or founding act,
stating the rules governing the business activity, recorded, as
appropriate, on the corresponding Official Register.
SECTION 2
16
14.1.3 Original or duly authorized copy of the power of attorney authorizing
the signatory of the Bid to sign the Form 1 Bid Form and all
submitted documents.
14.1.4 Documents evidencing that the Bidder has properly fulfilled the due
and payable obligations relating to taxes and Social Security
obligations as required by Polish laws. For these purposes, Bidders
shall submit certifications issued by their national State Taxs and
Social Securitys entities, not before 6 (six) months before the date of
publication of this Bidding Documents.
14.1.5 A solemn declaration signed by an authorized representative of the
Bidder stating that no enforced settlement, bankruptcy or liquidation
proceedings have been initiated against the Bidder by virtue of a
court decision or some other enforceable decision including also that
the Bidder is not under supervision of the court, having the business
activities suspended, and/or executive directors acting for and on
behalf of companies are not serving criminal sanction.
14.1.6 A solemn declaration evidencing that the Bidder is not under a
declaration of ineligibility to contract in accordance with the Polish
Law on Public Procurement and that they had not been punished with
the prohibition of being awarded a project.
14.2 The Bidder shall submit the following documents as evidence of, technical,
economic and financial eligibility, as stipulated under Clause 5 of these
Instructions to Bidders, together with the Bid.
14.2.1 Economic and Financial Capacity according to the Form 3 Economic
and Financial Capacity, together with Certified Financial Statements,
including Balance Sheets, Statements of Loss and Profit, Annual
Reports, Statements of Changes in Equity, Cash-Flow Statements
(this document shall not be submitted if the Bidder is able to file his
annual accounts using the abbreviated model or the model for small
and medium enterprises under the regulation in force) and auditors
reports for the last 3 (three) fiscal years. Such documents shall have
been audited and registered in English. In case the Bidder has no
obligation to audit its accounts, he shall provide information of the
legal grounds on the basis of which he benefits from this exemption.
14.2.2 Bank references from at least two (2) first class financial entities with
whom the Bidder operates. These references must state the number
of years of the Bidders relationship with the Bank.
14.2.3 The ISO 9001 Certificate in force. If the Bidder is not the equipment
manufacturer, then the Bidder must also submit the Manufacturer
ISO 9001 Certificate for the Key Equipment pursuant to the
provisions set down under the Technical Requirements, SECTION 5 of
14.3 Bids submitted by a Joint Venture or Consortium shall comply with the
following requirements:
SECTION 2
17
14.3.1 The Bid shall include all the documents included in Clauses 14.1,
14.2.1 and 14.2.2 above individually, for each member of the Joint
Venture or Consortium as well as all further documents to be
submitted on an individual basis.
14.3.2 Any members comprising at least 50% (fifty per cent) of the Joint
Venture or Consortium or bearing the role of leader must provide
evidence of holding the ISO 9001 Certificate in force. In any case the
Joint Venture or Consortium must also submit the Manufacturer ISO
9001 Certificate for the Key Equipment pursuant to the provisions set
down under the Technical Requirements, SECTION 5 of these Bidding
Documents.
14.3.3 One of the members shall be appointed as main partner responsible
for the Contract and the appointment confirmed by submission of
powers of representation (i.e. original or authenticated copy) duly
signed by legally authorised signatories representing each of the
members.
14.3.4 The Bid and the Contract, in the event that formally selected, shall be
signed by all companies forming part of the Joint Venture or
Consortium in such a way and is to create an obligation that is legally
binding on all the partners.
14.3.5 All the partners will be deemed jointly and severally liable with regard
to the Bid and fulfilment of the Contract pursuant to the conditions
set out therein should the Bid be chosen; this must be set down in
writing within the documents referred to in Clause 14.3.6 of these
14.3.6 The original or a notarized copy of the Joint Venture or Consortium
agreement signed by all the partners must be submitted together
with the Bid and this must set out the percentage stakeholding in the
Project of each partner together with either the joint liability of all the
partners regarding performance of the Contract, pursuant to the
Contract conditions, or a letter of intent that the Joint Venture or
Consortium will enter into an agreement if selected, duly signed by all
the partners and with a copy of the proposed agreement attached
thereto.
15. Documents Confirming that the Project Meet the Bidding Documents
Technical Requirements.
15.1 In order to establish that the Bid subject of this Bidding Process are in
compliance with the requirements of these Bidding Documents, the Bidders
shall, as part of the Bid, provide documents as evidence that the Project duly
comply with Technical Requirements specified under SECTION 5, Technical
Requirements of these Bidding Documents. The documents provided by the
Bidders shall be, at least, the following:
a. Equipment layout plan
b. Technical Specification of the Cold Storage Rooms for Meat and
Associated Facilities;
c. Performance Schedule;
SECTION 2
18
d. Warranty, Preventive Maintenance and After-sales Service Programme;
e. Training proposal
15.2 The documents provided as evidence may be submitted in the form of printed
literature, drawings or information and shall include a detailed description of
the essential technical and operational characteristics for each particular
Goods, Services and Works included in the Bid showing that the Technical
Requirements do meet the compulsory Technical Requirements.
15.3 Bidders shall submit documents as evidence that the Bid meets the
established Technical Requirements and that it is suitable for the intended
purposes as defined within these Bidding Documents.
16. Period of Validity of Bids
16.1 Bids shall remain valid for the period of 120 (one hundred and twenty) days
after the date of the Deadline for submission of Bids. A Bid valid for a shorter
period shall be rejected by the Contracting Authority as non-responsive.
16.2 Under exceptional circumstances and prior to the date on which the initial
planned validity period expires, the Contracting Authority may request an
extension of the aforesaid time period from the Bidders in writing. Bidders
accepting that request will not be authorised to amend their Bid. If a Bid
Security has been required pursuant to Clause 17 of these Instructions to
Bidders, then this must also be extended by the corresponding time period.
Bidders may refuse that request without the Bid Security being rendered ineffective. Nevertheless, the Contracting Authority will exclude the Bid from
the Bidding Process, once the Bid Validity Period has expired.
17. Bid Security
17.1 The Bidders shall submit a Bid Security amounting to 1% of bid price as part
of their Bid, to be issued in the same currency as the Bid (USD).
17.2 The Bid Security must:
a. be in the form of a bank guarantee issued by a banking institution;
b. be issued by an institution of renowned international repute chosen by the
Bidder;
c.
be drawn up according with the Bid Security Form included in SECTION 4

Bid Forms of these Bidding Documents or other form approved by the
Contracting Authority prior to Bid submission;
d. be set down in abstract terms and payable at first call, upon written
request from the Contracting Authority in the event that any of the
scenarios set down under Clause 17.5 of these Instructions to Bidders
occurs;
e. be submitted as an original document; no copies will be accepted;
f.
SECTION 2
remain valid for a period of 30 (thirty) days beyond the period of validity
of the Bids, as extended, if applicable, in accordance with Clause 16
Period of Validity of Bids of these Instructions to Bidders;
19
g. if the particular Bid is the successful Bid, then the validity of the Bid
Security must be extended and will remain in force from the date of
issuance until the earliest of the following:
the date on which the successful Bidder submits the Performance

Security pursuant to Clause 32 of these Instructions to Bidders;
the expiration of the 3 (three) years deadline established in Article

45.2, General Condition of Contract, SECTION 6 of these Bidding
Documents.
17.3 Any Bids without an attached Bid Security duly responding to the
requirements set down in the Instructions to Bidders, shall not be considered
by the Contracting Authority.
17.4 Bid Security from unsuccessful Bidders will be returned within a maximum
time period of 30 (thirty) days from the Notice of Award.
17.5 The Bid Security will be executed if:
a. the Bidder withdraws its Bid during the Bid validity period specified by the
Bidder on the Bid Form included in SECTION 4 Bid Forms of these
Bidding Documents; or
b. the awarded Bidder:
SECTION 2
fails to sign the Contract, in accordance with Clause 31 of these

Instructions to Bidders; or
fails to submit the Performance Security, in accordance with Clause 32

of these Instructions to Bidders.
20
17.6 The Bid Security from a Joint Venture or Consortium must be issued in the
name of the Joint Venture or Consortium that submits the Bid. In the event
that the Joint Venture or Consortium concerned has not been legally
constituted at the time the Bid submitted, then the Bid Security must be
drawn out jointly and severally in the name of all future partners or members
of the Joint Venture or Consortium.
B.
SUBMISSION OF BIDS
18. Format and Signing of Bid

18.1 Each Bid shall include the Administrative Documents, Technical Proposal and
Price Proposal placed in the three (3) envelopes identified under Clause 13
(Documents Comprising the Bid) of these Instruction to Bidders (Envelopes A,
B and C).
18.2 Any text between lines, amendments, crossings out or overwritten words will
only be valid if signed or initialled by the person signing the Bid.
19. Submission, Sealing and Marking of Bids
19.1 The Bids shall be sent to the address set out in Clause 19.6 and received no
later than the time and on the date set out in the Invitation for Bids and
Clause 3 (Bidding Process Schedule) of these Instructions to Bidders.
19.2 All Bidders may submit their Bids hand delivered (including courier services)
directly to the Contracting Authority in return for a signed and dated receipt
by the authorised representative of that entity.
19.3 The Bids shall be delivered in one (1) external envelope, duly sealed and
marked as indicated here below under Clause 19.6 of these Instructions to
Bidders.
19.4 The external envelope shall include two (2) clearly identified sealed
envelopes, (envelope A: Administrative / Legal Documents; envelope B:
Technical Proposal and priced Proposal); each of the envelopes shall contain
the original documents, clearly marked as ORIGINAL, and three (3) copies
of the aforesaid original document, each of which shall be marked COPY.
19.5 Bidders must deliver the copies referred to in the previous paragraph as
follows: four (4) hard copies and four (4) electronic copies, i.e. on a compact
disc (CD-Rom) where all the documents are duly stored (versions in PDF,
scanned copy etc.) of the original document included in each envelope. In the
event of any discrepancy between the electronic version and the original
printed version, the wording of the original documents shall prevail.
19.6
The external envelope shall be marked with the following information:

a. The Principal Secretary,
P. O. Box 34188-00100
Nairobi, Kenya
b. The name and address of the Bidder so that the Contracting Authority
can return the sealed Bids, in the event they have been declared late;
SECTION 2
21
c. the specific identity reference for this Bidding Process as set out in these
Bidding Documents; and
d. the warning DO NOT OPEN
OPENING BIDS.
PRIOR TO THE TIME AND DATE FOR
If the external envelope does not have a security seal and is not marked as
established under this Clause, the Contracting Authority may not be deemed
liable for the loss or premature opening of the Bid.
19.7 The internal envelopes shall:
a. refer, as appropriate, Envelope A: Administrative Documents; Envelope
B: Technical Proposal; Envelope C: Price Proposal.
b. Contain the original documents, clearly marked ORIGINAL and the
copies of the aforesaid original documents marked COPY.
c. Incorporate the specific Bidding Process identification as set out in these
Bidding Documents.
SECTION 2
22
20. Deadline for Submission of Bids
20.1 The Bidders shall submit their Bids at the address specified under Clause 19.6
of these Instructions to Bidders, prior to the date set out in the Invitation for
Bid and Clause 3 (Bidding Process Schedule) of these Instructions to Bidders.
20.2 The Contracting Authority may extend the deadline for the submission of Bids
by amending the Bidding Documents, pursuant to Clause 8 of these
Instructions to Bidders. In that event, all rights and obligations of the
Contracting Authority and Bidders will be extended for an identical period of
time.
21. Late Bids
21.1 The Contracting Authority shall not consider any Bids that are received after
the deadline for submission of Bids, in accordance with Clause 20 (Deadline
for Submission of Bids) of these Instructions to Bidders. All Bids delivered to
the Contracting Authority after the deadline for submission of Bids will be
declared late, rejected, and returned unopened to the Bidder.
22. Modification of or withdrawal of Bids
22.1 Bidders may modify or withdraw their Bids providing written notice prior to
the deadline for submission of Bids in accordance with Clause 20 of these
Instructions to Bidders. No further changes may be made to the Bids after
this deadline. Bids may be withdrawn unconditionally and the party
withdrawing the Bid may not thereafter participate in the Bidding Process.
22.2 No Bid may be withdrawn during the time period between the final deadline
for submission of Bids, as referred to in Clause 20 of these Instructions to
Bidders, and expiry of the time period for validity of these Bids. In the event
that any Bid is withdrawn during the aforesaid period then the Bid Security
will be executed.
C.
BIDS OPENING AND EVALUATION
23. Bid Opening

23.1 The purpose of holding a public session to open Bids is to check whether the
Bids are complete, whether the required Bid Security has been provided,
whether the required documents have duly been included and, in general,
whether the Bids have been submitted in accordance with established
requirements.
23.2 Bids will be opened at a public session on the date and the address
established in the Invitation for Bids by the Evaluation Committee appointed
for that purpose, in the presence of those Bidders willing to attend or their
representatives. The Tender Processing Committee will take minutes of said
meeting.
SECTION 2
23
23.3 The names of Bidders, prices of Bids, the existence of the required Bid
Security and any other details the Contracting Authority may deem
appropriate to communicate shall be announced at the Bid opening session
and shall be recorded by the Opening Committee in the minutes of the Bid
opening session and signed by the representatives of the Opening Committee,
the representatives of the Bidders and the representatives of any relevant
bodies present.
23.4 A representative of the Government of the Republic of Poland or its duly
authorized representative in Nairobi shall be invited to attend the Bid Opening
Session.
23.5 The Contracting Authority shall send one (1) hard copy and one (1) electronic
copy of the documents included in the envelopes, Administrative Documents,
Technical Proposal and Price Proposal to the Polish Government Nairobi or its
duly Authorised representative.
24. Confidentiality
24.1 The Evaluation Committee will not disclose any information regarding
checking, explanations, rulings or comparison of these Bids, nor make any
recommendations regarding awarding the Contract to any party not officially
taking part in the proceedings up until the name of the successful Bidder is
advised.
24.2 Any attempt on the part of a Bidder to influence the Evaluation Committee or
the Contracting Authority during the review, clarification, evaluation or
comparison of these Bids, to obtain information regarding how the procedure
is progressing or to affect the decision of the Contracting Authority regarding
awarding the Contract shall imply immediate rejection of the Bid concerned.
25. Clarification of Bids
25.1 The Contracting Authority may, at its own discretion, ask a Bidder to correct
errors that can be remedied, or to clarify certain aspects of the Bid whenever
this is necessary in order to check the Bids.
25.2 Such request for clarification and/or remedy and the corresponding replies
must be set down in writing. They may in no circumstances alter or try to
change the price or content of the Bid, except to correct arithmetical errors
noticed by the Evaluation Committee when analysing the Bids pursuant to
Clause 28 (Nonconformities, errors and omissions of these Instructions to
Bidders.
25.3 The Bidder shall respond to the Contracting Authority within the time period
established by the latter in the request for clarification or remedy and if it fails
to do so the Bid will be rejected.
25.4 All clarifications/remedies are deemed to form an integral part of the Bids
submitted.
26. Responsiveness of Bids
26.1 Bids may be rejected, subjected to conditions, if incomplete, illegible, and
unclear, if they contain additional information not required or any other
irregularities.
SECTION 2
24
26.2 Prior to commencing the detailed analysis and evaluation of these Bids, the
Tender Processing Committee shall ascertain whether each of the Bids:
a. Has duly been signed by the person with legal powers to oblige the Bidder;
b. contains the required Bid Security;
c. contains the Price Proposal;
d. meets eligibility criteria as well as minimum technical and financial
solvency conditions;
e. is substantially prepared according to the Bidding Documents.
26.3 Bids shall be deemed to be substantially responsive whenever they have been
substantially prepared according to the requirements set out in the Bidding
Documents without any material deviation or reservation. The following are
considered material deviations and reservations:
a. Any that in some manner affect the scope, quality or execution of the
Technical Requirements, or
b. Which essentially limit the rights of the Contracting Authority or the
Bidder contractual obligations and contradict the Bidding Documents, or
c. Whenever correction might affect the competitive position of other
Bidders that presented substantially responsive Bids.
27. Evaluation of Bids
27.1 The Evaluation Committee shall only evaluate and compare Bids deemed
substantially responsive pursuant to Clause 26 Responsiveness of Bids of
these Instructions to Bidders.
27.2 In order to evaluate and compare the Bids, the Evaluation Committee shall
apply the evaluation criteria as defined and considered under SECTION 3 of
the Bidding Documents, Evaluation Criteria, in order to ascertain which the
most favourable Bid is. No other criteria or methodology shall be permitted.
27.3 The Polish Embassy in Nairobi or its duly authorized representatives may be
present during the Bid Evaluation Process.
28. Nonconformities, errors and omissions

28.1 The Evaluation Committee shall analyse Bids deemed substantially responsive
and make sure they do not contain any arithmetical errors. They will correct
any errors that may occur as follows:
a. In the event of a discrepancy between a unit price and the total price
obtained by multiplying said unit price by the corresponding amounts,
then the unit price will prevail and the total price will be corrected. If, in
the opinion of the Contracting Authority, there has been an obvious
mistake in placing the decimal point then the total amount quoted will
prevail and the unit price corrected;
SECTION 2
25
b. If there is an error in the total amount corresponding to adding or
subtracting sub-totals, then the sub-totals will prevail and the total
amount will be corrected;
c. If there is a discrepancy between words and figures, then the amount in
words will prevail unless the amount in words corresponds to an
arithmetical error and in that event the amounts in figures, pursuant to
the aforementioned paragraphs (a) and (b), will prevail.
28.2 In the event of a discrepancy between the tender amount as stated in the bid
form and the corrected tender figure in the grand summary of the bills of
quantities, the amount as stated in the bid form shall prevail.
28.2.1 The error correction factor shall be computed by expressing the
difference between the tender amount and the corrected tender sum
as a percentage to correct the unit rates. If the Bidder does not
accept the correction, then the Bid will be rejected and the Bid
Security executed.
28.2.2 The error correction factor shall be applied to all unit rates (as a
rebate or addition as the case may be) for the purposes of
regularizing the rates
29. Right of the Contracting Authority to accept or reject any Bid
29.1 The Contracting Authority reserves the right to cancel the entire Bidding
Process and to reject all the Bids. The Contracting Authority equally reserves
the right to initiate a new Bidding Process. Cancellation may take place in the
following scenarios:
a. If the Bidding Process is abandoned, i.e., if no Bid has been received or if
none of the Bids received deserves to be selected from the qualitative or
economic point of view;
b. whenever technical or price project elements need to be fundamentally
changed;
c. whenever exceptional circumstances or circumstances of force majeure
render it impossible a normal execution of the Project;
d. Whenever serious irregularities have occurred in procedure preventing
the process from being carried out under fair competitive conditions.
SECTION 2
26
29.2 The decision not to accept any of the Bids, together with the corresponding
reasons, must be notified immediately by the Contracting Authority to all
Bidders and to the Representative of the Polish Government in Nairobi.
29.3 If the Bidding Process is cancelled before any external Bidder envelopes has
been opened, then all unopened envelopes still security sealed will be
returned to the Bidders.
29.4 The Contracting Authority shall not in any event be obliged to pay damages or
interest, whatever the nature thereof and however related to cancellation of a
Bidding Process.
D.
CONTRACT AWARD
30. Notification of Award

30.1 Prior to expiry of the time period for validity of the Bid, the Contracting
Authority shall inform the successful Bidder in writing, by means of the Notice
of Award, that its Bid has been deemed the most favourable and setting out,
as appropriate, any arithmetical errors that were corrected during the
evaluation process.
30.2 The Contracting Authority, prior to notifying the award to the successful
Bidder, must forward its proposal for award to the Polish Embassy in Nairobi,
in order to obtain the approval of Council of Ministers of Poland or any other
Authorized body. Such approval must be set down by means of a letter issued
by the Council of Ministers of Poland or any other Authorized body indicating
the Non-Objection to the proposed award of the Contract and only after the
receipt of this letter, the Contracting Authority shall be able to notify to the
successful Bidder of the award of the Contract.
30.3 The Contracting Authority will forward to the selected Bidder, the Notice of
Award together with the Contract Agreement and the General Conditions of
the Contract, as set out under SECTION 6 of the Bidding Documents, which
under any circumstance can be modified.
30.4 Up until the Contract Agreement included in the SECTION 6 of these Bidding
Documents is duly signed, the Notice of Award shall constitute a binding
Contract between the Contracting Authority and the successful Bidder.
30.5 As soon as the Contract has been signed between the Contracting Authority
and the successful Bidder has provided evidence that its Bid Security is in
force pursuant to the provisions set out in these Instructions to Bidders, the
Contracting Authority shall, promptly notify the other Bidders that their Bids
have not been selected and release their Bid Security.
31. Signing of Contract
31.1 Within 30 (thirty) days of receipt of the Contract Agreement, the successful
Bidder shall sign, date and return it to the Contracting Authority.
SECTION 2
27
31.2 In the event that the successful Bidder fails to sign and return the Contract
Agreement providing the required bank guarantees within a time period of 30
(thirty) days after receipt of the Notice of Award, then the Contracting
Authority may deem the award carried out null without prejudice to any legal
action that the Contracting Authority may be entitled to initiate in order to
claim for damages caused by non-compliance in respect of such failure and
the successful Bidder may not make any claim against the Contracting
Authority.
31.3 If the successful Bidder fails to sign the Contract, this shall be deemed
sufficient cause to cancel the award of the Contract and to execute the Bid
Security. The Contracting Authority may, in that event, award the Contract to
the Bidder with the second best evaluated Bid.
31.4 In the event that any amendments or clarifications have been made to the
Contract Agreement and to the General Conditions of Contract, the
Contracting Authority shall submit to the Council of Ministers of Poland or
their authorized body through the Polish Embassy in Nairobi the wording for
approval prior to the signature.
32. Performance Security
32.1 Upon signature of the Polish Governments tied aid credit, the Contracting
Authority will notify the Contractor the obligation of furnishing the
Performance Security that will replace the Bid Security. Within 30 (thirty)
days of the receipt of this notification from the Contracting Authority, the
Contractor shall furnish the Performance Security in accordance with the
Article 17 of the General Conditions of Contract, using for that purpose the
Performance Security Form included in Annex I, SECTION 6 Contract of
32.2 In the event that the successful Bidder fails to submit the aforesaid
Performance Security, this will be deemed sufficient grounds to cancel the
award of the Contract and to execute the Bid Security.
33. Ethics Clauses
33.1 All attempts on the part of the Bidder to obtain confidential information, to
enter into illegal agreements with competitors or influence the Evaluation
Committee or the Contracting Authority at any time during the procedure for
review, clarification, evaluation and comparison of the Bids will lead to the
Bidder or Bid concerned being rejected and the possibility of administrative
sanctions being applied.
33.2 The successful Bidder (hereinafter referred to as the Contractor) or its
personnel, or any other Company with which the Contractor is associated or
has ties, may not carry out any other work or supply any other works that
may arise in relation to the Project, without the prior authorisation in writing
of the Contracting Authority. The aforesaid prohibition also applies, as
appropriate, to other projects in which the Contractor may, due to the nature
of Contract, find itself in a conflict of interest scenario.
SECTION 2
28
33.3 At the time of submitting the Bid, the Bidder must declare that no potential
conflict of interest exists and that the latter has no equivalent type of
relationship in that regard with other Bidders or with other parties involved in
the Project. If such a situation were to occur during the time period for
performance of the Contract, the Contractor is under an obligation to inform
the Contracting Authority without delay.
33.4 The Contractor must act impartially at all times, with good faith, fairness and
maximum diligence also serve as legal adviser pursuant to the ethics code for
the particular profession. The Contractor must refrain from making any public
declarations regarding either the Project or services without prior approval of
the Contracting Authority. The Contracting Authority may not be obliged in
any way without its prior consent in writing.
33.5 The Contractor and its personnel must respect human rights throughout
performance of the Contract.
33.6 The Contractor may not accept any payment in relation to the Contract and
not provided for within the Contract. The Contractor and its personnel must
refrain from carrying on any business activity or from receiving any bonus
that comes into conflict with its obligations with regard to the Contracting
Authority.
33.7 The Contractor and its personnel will remain subject to professional secrecy
throughout the Contract term and beyond termination. All reports and
documents received or drawn up by the Contractor within the framework of
performance of the Contract are deemed confidential.
33.8 Use by the contracting parties of all reports and documents drawn up,
received or handed over throughout the period of operational performance of
Contract is governed by the conditions set out therein.
33.9 The Contractor must not enter into any relationship which may compromise
its independence or that of its personnel. In the event that the Contractor
ceases to be independent, then the Contracting Authority may terminate the
Contract without any requirement to provide notice in view of any harm they
may have incurred as the result of such loss of independence. The Contractor
shall furthermore not be entitled to claim compensation of any kind.
33.10 The Government of the Republic of Poland reserves the right to suspend or
cancel the financing for this Project in the event that any fraudulent practices
or corruption are found to have occurred, if the Ethics Clauses established
under these Instructions to Bidders are not adhered to or if any other
irregularity occurs in the Bidding Process that contravenes the principles of
competition and transparency, in case of any objection of OECD as to
accordance of the projects or individual contracts financed under this
Agreement with the provisions of arrangement on officially supported Export
Credits, the contract will not be financed under the Agreement irrespective of
the fact that individual contracts within the projects have been accepted by
both contracting parties according to Article 3 of the agreement on the
extended tied aid credit
SECTION 2
29
33.11 If the award or operational performance of the Contract gives rise to any
unusual commercial costs, the corresponding Bid will be rejected or the
Contract terminated. Unusual commercial costs are deemed to refer to any
commission not referred to within the Contract and not arising from a
Contract set down in a valid form and referring to this main Contract; any
commission not comprising consideration for a legitimate and effectively
provided service; any commission paid to a tax haven and any commission
paid to a beneficiary that is not clearly identified or to a company that
appears to be a front company.
33.12 The Contractor undertakes to submit all documents as evidence of compliance
with these conditions for performance of the Contract to the Polish
government or to such persons as the latter may designate and at the request
of the latter. The Polish government, or its representative, may carry out all
document or site checks, among other, at the company headquarters and at
the Site, as it deems necessary to gather evidence to corroborate any
suspicion that unusual commercial costs have occurred.
SECTION 2
30
SECTION 3
Evaluation and Qualification Criteria
Table of Contents
1. Introduction.. ...........................................................................................31
2. Evaluation Criteria ...........................................................................................31
3. Evaluation Table.. ............................................................................................36
SECTION 3
31
1.
Introduction
This SECTION complements the Instructions to Bidders. It contains the criteria that
the Contracting Authority shall use to evaluate a Bid and determine whether a
Bidder has the required qualifications.
Only Bids considered to be substantially responsive, in accordance with Instructions
to Bidders Clause 26, shall be evaluated. The evaluation shall take into account not
only the Bid Price, but also the Technical Proposal of the Bid, and the capability to
perform the Contract.
The purposes of the evaluation process is to identify the Bidder most likely to enable
the Contracting Authority to achieve its objectives of having the Project completed
on time, meets the published criteria and are within the budget available.
Before the evaluation process, the Evaluation Committee will check the fulfilment
and justification of all administrative requirements and documents comprising the
Bid according to Instruction to Bidders Clause 13.
2.
Evaluation Criteria
The Evaluation Committee shall use the scoring system described hereunder,
resulting in an Evaluated Bid Score.
The maximum Evaluated Bid Score is 1,000 (one thousand) Points, to be distributed
according to the following criteria:
1. Technical Proposal evaluation (TP) shall have a maximum score of
600 (six hundred) points.
2. Price Proposal (PP) shall have a maximum score of 400 (four
hundred) points.
The calculation to determine the best evaluated Bid shall be conducted by the
following formula:
Evaluated Bid score = TP +PP
Where,
TP shall be the score for Technical Proposal
PP shall be the score for Price Proposal
The purpose of Bid Evaluation is to compare Bids, which conform to the Project and
are substantially responsive to the Bidding Documents, on the basis of their
evaluated cost. Among the Bids which conform to the Project, the Bid with the
highest evaluated score, not necessarily the lowest submitted price shall be selected
for award. The criteria to be met by the Bidders are set out here below.
2.1. Technical Proposal (TP) Maximum 600 (six hundred ) points
The evaluation of the Technical Proposal shall be calculated based on following
criteria. All Bids with a Technical Proposal score lower than 400 (four hundred)
points shall be rejected and not considered for further evaluation.
SECTION 3
32
2.1.1. Bidders Experience. Maximum 100 (one hundred) points:
The Bidder shall demonstrate his total experience in projects as
principal contractor, which shall be evaluated according to the following
criteria:
Company experience
Maximum
score
General experience
From 1 to 3 completed projects that exceed a value of 100,000 USD
30
4 or more completed projects that exceed a value of 100,000 USD
60
Maximum score in this sub-criteria
60
Specific experience
Experience in African countries.
20
Experience in similar nature or related Projects.
20
Maximum score in this Sub criteria for 10 experiences
40
General experience:
Each Bidder shall be assessed on his general experience in projects
executed by itself in the last 10 (ten) years by providing evidence of
executed projects with a value that exceed 2m (two million) USD.
Specific experience:
Each Bidder shall be assessed on his specific experience in executed
projects carried out in the region (African countries) and/or of similar
nature of the Project. Projects shall be considered to be of similar
nature if they are related to Cold Storage Rooms for Meat and
Associated Facilities, including design, supply and installation of the
equipment as a whole.
A maximum of 10 (ten) references, not older than 10 (ten) years, shall
be submitted by each Bidder in this item. Only references above
100,000 (one hundred thousand US dollars) shall be considered.
Each project reference shall be assessed for compliance with the two
sub-criteria and the maximum score that can be allocated to each
experience in each of the sub-criteria is 6 (six) points.
SECTION 3
33
In the case the Bidder is a Joint Venture or a Consortium, the
evaluation of the Bidders experience shall consider a maximum of 10
(ten) references submitted by all the members of the association.
When assessing the project references provided by each member, the
aspects to be considered shall be those that relate to the role that the
company undertakes in the association.
Bidders shall submit a Bidders Experience Form (SECTION 4, Bidding
Forms) per executed Contract. In addition, Bidders shall attach to each
of these Bidders Experience Forms, references from the End Users
(beneficiaries), such as a certificate, or a letter signed by the
responsible person stating that the project was successfully
implemented by the Bidder. The Bidders shall submit the documents
translated into English.
If the Bidder has participated in a Joint Venture or a Consortium, he
must indicate the percentage of his participation in order to calculate
the corresponding proportional value of the Projects.
2.1.2. Technical Requirements. Maximum 500 (five hundred) points.
Technical Proposals will be evaluated in accordance to the fulfilment of
the Technical Requirements according to SECTION 5 of the Bidding
Documents.
2.1.2.1
Design. Maximum 150 (one hundred and fifty) points)
The Design shall be evaluated taking into account the

adequacy of the proposal to the needs of the Contracting
Authority and the quality and clarity of the proposal.
Bidders must include in their proposal a complete equipment
layout to scale, otherwise, the proposal will be rejected.
2.1.2.2
Technical specification of the Cold Storage Rooms for

Meat and Associated Facilities. Maximum 225 (two
hundred twenty five) points.
The equipment proposed by the Bidder in their Technical
Proposal will be evaluated in accordance to the fulfilment of
the Technical Specification of the Key Equipment according
to SECTION 5, Technical Requirements of the Bidding
Documents. Bids will be eliminated and consequently will not
be technically evaluated in the following circumstances:
a)
The Bid submitted is technically incomplete.
b) The Key Equipment offered by the Bidder in a Bid obtains

an 80% (eighty per cent) or less of fulfilment of the
required technical specification.
c) Not submission of the technical documentation required
and necessary for the evaluation. In this sense the
documentation required are as follow:
SECTION 3
34
1. Documentary evidence that the equipment offered by
the Bidder conforms to the technical specifications
and standards specified in SECTION 5, Technical
Requirements. The documentary evidence may be in
the form of literature, catalogues, drawings or data.
The catalogues will be in English.
2. Manufacturer / Official Distributor Authorization for
the Key Equipment included in SECTION 4 Bid
Forms in accordance with Instructions to Bidders
Clause 13.1.2.
3. ISO 9001 Certificate in accordance with Instructions
to Bidders Clause 5.1.1 and 14.2.3.
Evaluation of the technical specifications of the Key Equipment shall be made according
to the following chart:
Technical specifications
Score
Major improvement of Technical Requirements (>50% Key

Equipment)
225
Medium improvement of Technical Requirements (<25% Key

Equipment)
200
Minor improvement of Technical Requirements (<10% Key

Equipment)
175
Substantially complies the Technical Requirements
150
Fails to substantially comply the Technical Requirements
2.1.2.3
Rejected
Performance Schedule. Maximum 25 (twenty five)

points.
The Performance Schedule shall be evaluated establishing a
criterion for comparing Bids. Bidders should include in their
proposals all the necessary documentation required in
Technical Requirements (SECTION 5, Bidding Documents) to
assess their Performance Schedule.
SECTION 3
35
2.1.2.4
Technical
Warranty,
Preventive
Maintenance
Programme and After-sales Service. Maximum 25
(twenty five) points.
Warranty, Preventive Maintenance and After-sales Service
Programme shall be evaluated according to the fulfilment of
the requirements specified in the Technical Requirements
(SECTION 5, Bidding Documents) and establishing a criterion
for comparing Bids. The Bids to be submitted shall include all
adequate documentation in order to be able to evaluate the
fulfilment of said requirements.
2.1.2.5
Training Programme. Maximum

points.
75
(seventy
five)
The Training Programme shall be evaluated according to the

fulfilment of the requirements specified in the Technical
Requirements (SECTION 5, Bidding Documents) in order to
be able to evaluate the fulfilment of said requirements and
establishing a criterion for comparing Bids
The Bids to be submitted shall include the following:
Curriculum Vitae of each member of the training team
for all courses.
Detailed Schedule of the proposed training program to
be included in the Project Delivery Schedule.
Chart indicating the number and characteristics of
beneficiaries for each training course.
Details of the location of the training courses and the
specific course subjects.
2.2. Price Proposal Evaluation (PP). Maximum 400 (four hundred points.
The score for the total Bid price offered by the Bidder shall be calculated using
the following formulae:
LPP
Bidders Price Score= 400 x
BPP
Where:
SECTION 3
LPP is the Lowest Price Proposal measured in Dollars;
BPP is the Price Proposal in Dollars proposed by the Bidder being

evaluated; and
36
3.
Evaluation Table
MAXIMUM
BIDDER 1
BIDDER 2
BIDDER N
CONCEPTS
POINTS
Bidders Name
Bidders Name
Bidders
Name
Bidders
Name
TECHNICAL PROPOSAL
EVALUATION
600
Bidder's Experience
100
General Experience
60
Specific Experience
40
500
Design
150
Technical Specification of the

Equipment
225
Performance Schedule
25
Technical Warranty, Preventive

Maintenance and After-sales Service
Programme
25
Training Programme
75
PRICE PROPOSAL EVALUATION
400
EVALUATED
SECTION 3
37
TOTAL SCORE
1,000
OFFERED PRICE
If there are two (2) or more Bids that have obtained the same Total Score, the Contracting Authority will choose the Bidder who
has the highest score obtained in the Technical Proposal Evaluation.
SECTION 3
38
ECTION 4
Bid Forms
INDEX
Form 1.
Bid Form .............................................................................. 39
Form 4.
Bidder Experience Form .......................................................... 47
Form 5.
Performance Schedule Form.................................................... 49
Form 6.
Bidder Personnel Form ........................................................... 50
Form 9.
Bid Security Form .................................................................. 64
SECTION 4
39
Form 1.
Bid Form
[Include in envelope A]
<The Bidder must complete this form in accordance with the instructions given between square brackets [ ]. No alterations to
this form or replacements will be accepted>
Project: Supply, Installation and Commissioning of Cold Storage Rooms for Meat and Associated Facilities
Date: [Insert date (day, month and year) of submission of Bid]
No: [Insert number of Bidding Process]
To: [Insert full name and address of the Contracting Authority]
The persons signing below declare that:
a.
We have reviewed and do accept the entire content of the Bidding Documents [state reference] of [state date] and do
accept the provisions and amendments thereto in their entirety, without reservations or limitation;
b.
We propose to execute the following scope of the project " Development of Cold Storage Rooms for Meat Products, pursuant to
the Bidding Documents:
Works including:
Supply, delivery, installation, testing and commissioning of Meat Products Cold Storage facilities and Associated
accessories in varied locations in Kenya.
Services including:
a. Design including all documents necessary to define, manufacture, delivery, installation, testing, commissioning,
handing over and maintaining the Project and all the associated accessories.
b. All supplementary services necessary to supply the goods, including delivery and transport to Project Site,
inspection prior to delivery, installation, commissioning, start up, preventive maintenance, technical guarantee for
12 (twelve) months, after-sales service and training.
SECTION 4
40
Goods: supply of Equipment, Spare Parts, Consumables and Special Tools.
c.
The total price of our Bid is: [state the total Bid price in words and in figures];
d.
The attached Bid Security no. ___________ [insert the number], issued by _________ [insert the Bank] is an original, valid and
legal Bid Security;
e.
This Bid will be deemed valid and binding for a period of one hundred and fifty (150 no.) days calculated from the Bid submission
deadline. This Bid obliges us and may be accepted at any time before expiry of the aforesaid period;
f.
If our Bid is awarded, we undertake to obtain a Performance Security pursuant to Clause 32 of the Instructions to Bidders
(SECTION 2 of these Bidding Documents) and Article 17 of General Conditions of the Contract, (SECTION 6 of the Bidding
Documents).
g.
Our Company duly complies with the eligibility requirements established under Clause 4 of the Instructions to Bidders (SECTION 2
of the Bidding Documents).
h.
We have nationality from Poland, and the Goods, Services and Works include in our Proposal fulfil the origin of the Goods and
Services requirements established in the Bidding Documents.
i.
We declare that we are neither involved in any prohibitions established under OECD conditions, nor have been sanctioned by
prohibition from being favourably awarded a project or operation financed and charged to the Polish Government.
j.
We declare that we comply with the provisions of international agreements to which Poland is a signatory regarding commercial
liability, labour rights and gender equality and particularly agreements regarding the fight against corruption and environmental
concerns of the Credit for Export Group of the Organisation for Economic Co-operation and Development (OECD). Compliance
with the aforesaid agreement also implies not having contributed to any breach of human rights, no involvement in corruption
practices and no infringement of workers rights, childhood rights or any other ethics which may contravene international
agreements ratified by the Government of the Republic of Poland.
k.
We undertake to respect the ethics clauses established under Clause 33 of the Instructions to Bidders (SECTION 2 of these
Bidding Documents) and we particularly declare that we are not involved in any possible conflict of interest scenarios nor any
equivalent type of relationship with other Bidders or parties having an interest in the Bidding Process at the time this application
is submitted.
SECTION 4
41
l.
We understand that this Bid, together with the appropriate acceptance in writing from the Contracting Authority by means of a
Notice of Award, comprises a contractual obligation between us, until replaced upon signing the firm and final Contract. The
Successful Bidder must, for that purpose, complete the Contract Agreement pursuant to instructions set out therein and no
changes or replacements will be permitted either to the Contract Agreement and the General Conditions of the Contract (SECTION
6 of the Bidding Documents).
m.
We are responsible for the veracity of documents and information submitted together with our Bid.
n.
We understand that you are not under any obligation to accept the best Bid as evaluated, nor any other Bid you may receive,
pursuant to the terms established under Clause 29 of the Instructions to Bidders (SECTION 2 of the Bidding Documents).
Name: <state the full name of the person signing the Bid Form>
Acting as <state the legal status of the person signing the Bid Form>
Duly authorised to sign the Bid for and on behalf of: <state the full name of the Bidder>
Date ___of month ____ of year _________ [state date of signature]
SECTION 4
42
Form 2.
Bidder Information Form

<The Bidder must complete this form in accordance with the instructions given between square brackets [ ]. No alterations to this
form or replacements will be accepted >
Bidder Company Name:
Country of nationality:
Registered business address of the Bidder:
Information regarding the authorised representative/legal representative of the Bidder

signing the Bid.
Name:
Address:
Tel and fax numbers:
Email Address:
[The Bidder must attach copies of the documents referred to in the Instruction to
Bidders, Article 14.1, and include a list of the attached documents]
SECTION 4
43
[If the Bidder is constituted as a Joint Venture or Consortium, please attach a

form providing information about each of the members comprising the
consortium in addition to form providing Bidder information]
Name: [state the full name of the person signing the Bid Form]
Acting as [state the legal status of the person signing the Bid Form]
Duly authorised to sign the Bid for and on behalf of: [state the full name of the Bidder]
Date ___ of month ____ of year _____ [state date of signature]
SECTION 4
44
Form 3.
Economic and Financial Capacity Form

Project: Development of Cold Storage Rooms for Meat and Associated Facilities
The Bidder must complete the following financial data table on the basis of the provisions of the Certified Financial Statements,
including Balance Sheets, Statements of Loss and Profit, Annual Reports, Statements of Changes in Equity, Cash-Flow Statements (this
document shall not be submitted if the Bidder is able to file its annual accounts using the abbreviated model or the model for small and
medium enterprises under the regulation in force) and auditors reports for the last 3 (three) fiscal years. Such documents shall be
audited and registered before the relevant public registry and translated into English. In case the Bidder has no obligation to audit its
accounts, he shall provide information of the legal grounds on the basis of which he benefits from this exemption.
Figures given in all columns must be set out on the same basis in such a way as to permit direct year-on-year comparison (or, if
submitted on a different basis, the change must be explained in a footnote beneath the table). Any clarification or explanation
considered necessary must also be included.
If this Bid is submitted by a Joint Venture or Consortium, then a financial data table must be submitted corresponding to each of the
members of the Joint Venture or Consortium as well as a table for the Joint Venture or Consortium as a whole, which must be as
calculated from the data submitted by the members, pursuant to Clause 5 of the Instructions to Bidders (SECTION 2 of the Bidding
Documents).
Financial data
Prepenultimate
financial
year
USD
SECTION 4
Penultimate
financial
year
USD
Last
financial
year
USD
Average
USD
45
Financial data
Prepenultimate
financial
year
USD
1. Equity
2. Total assets
3. Current assets
4. Total liabilities
5. Current liabilities
6. Turnover
7. Ordinary Profits
8. Profits before taxes
9. Profits after taxes
10. Solvency ratio (= Total
Equity1 / Total
Liabilities) 10%
11. Current ratio (=Total
current assets / Total
Equity = Total asset less total liabilities.
SECTION 4
Penultimate
financial
year
USD
Last
financial
year
USD
Average
USD
46
Financial data
Prepenultimate
financial
year
USD
Penultimate
financial
year
USD
Last
financial
year
USD
Average
USD
current Liabilities) 1)
The Bidder must attach copies of the documents referred to in Clause 14.2.1of the Instructions to Bidders (SECTION 2 of the Bidding
Documents) to this Form.
Date _______ of month __________ of year _______ [state date of signature]
SECTION 4
47
Form 4.
Bidder Experience Form

[Include in envelope B]
Page _______ of_______
Number of similar contracts:
____ of ___ required.
Information
Contract identity
Locality (City/Country)
Award Date
Termination Date
Role within contract
Total contract amount
If member of a Consortium or subContractor, please specify stake
SECTION 4
Contractor
Sub-Contractor
Amount:
Amount:
__________________
______________ EUR(1)
__________%
Total Contract
Value:
Bidders Amount:
48
Number of similar contracts:

____ of ___ required.
Information
holding in the total contract amount.
_________USD
_______ USD
Name of Contracting Authority:
_________________________________________
Address:
_________________________________________
Tel/Fax Nos.:
_________________________________________
Email:
_________________________________________
[Brief description of works/

characteristics relevant to the
Laboratories]
(1) Exchange rate as at the date of Contract Award (if applicable)

-
The Bidder must attach certificates of satisfactory execution issued by the corresponding Beneficiaries together with the Bid, in the
original language and attaching a translation to the Bidding Process language.
Date ___of month ____ of year __________ [state date of signature]
SECTION 4
49
Form 5.
Performance Schedule Form

[The Bidder must attach the proposed Programme for Contract execution]
The Programme must comprise, at least:
Schedule in the form of a Bar Chart to include:
The order in which the Bidder proposes to carry out the Project;
Deadline for submission and approval of the plant process layout;
A general description of the method the Bidder proposes to use for execution of the Project;
Other data or information deemed necessary.
Date __of month ______ of year _________ [state date of signature]
SECTION 4
50
Form 6.
Bidder Personnel Form

6.1 Personnel assigned to execute the Project
Name of Bidder:
The Bidder must provide the following data set out below with regard to personnel assigned to execute de project.
1.
Title position:
Name of candidate:
Title position:
2.
Name of candidate:
Title position:
3.
Name of candidate:
SECTION 4
51
Title position:
4.
Name of candidate:
Date __of month ______ of year _________ [state date of signature]
SECTION 4
52
6.2
Curriculum vitae of personnel assigned to the Project
(One form for each person. Candidate name to be at the top of each page if more than one page. CVs should not be longer than five
(5) pages)
Page _______ of_______
1.Name of Bidder
2. Title position
3.Name of candidate
4.Candidate Information
Date of birth
Academic background
Languages and
level (VG, G, A)
Experience
Specialist fields
5.Present Employment
Name of Employer
Address of Employer
Telephone and email
Contact (manager/ personnel

officer)
Job title of candidate
Years with present employer
Summarize professional experience over the last 15 (fifteen) years in reverse chronological
order. Indicate particular technical and managerial experience relevant to the Project
From
SECTION 4
To
Company/ Project/ Position/ Relevant technical and management

experience
53
Date _____ of month _____of year ________ [state date of signature]
SECTION 4
54
Form 7.
Manufacturer / Official Distributor Authorization Form

[The Bidder must ask the Manufacturer/Official Distributor to complete this form in accordance with the instructions given. Letters of
authorisation should be set out on Manufacturer/Official Distributor headed note paper and signed by the person duly authorised to
sign documents in such a manner as to oblige the Manufacturer/Official Distributor.]
Project: Supply, Installation Testing and Commissioning of Cold Storage Rooms for Meat and Associated Facilities
WHEREAS
We [full name of Manufacturer/Official Distributor], who are Manufacturer/Official Distributor of [state type of manufactured
or distributed goods], with facilities located at [state full address] hereby authorise [state Bidder name] to submit a Bid for the
sole purpose of supplying the following Goods [name and brief description of goods], for the Project Installation, Testing and
Commissioning of Cold Storage for Meat and Associated Facilities.
We hereby extend our full warranty, with respect to the Goods offered by the above firm.
We declare to be in possession of sufficient normalized spare parts and consumables for the offered Goods, necessary for the proper
and continuing functioning of the Goods for a period of time no lower than 5 (five) years.
We declare that our representative in Kenya, [insert complete name of the representative in the Republic of Kenya] is duly authorized
to act on our behalf with respect to any or all matters relating to the Goods represented, to warranty the proper and continue
functioning of the Goods.
[Choose one of the following options]
We declare to be in possession of the ISO 9001 Certificate [in case Manufacturer].
SECTION 4
55
We declare that the Manufacturer of the equipment we distribute is in possession of the ISO 9001 Certificate [in case Official
Distributor].
Signature: ____________________[signature of Manufacturer/Official Distributor authorised representative(s)]

Name: [state full name of Manufacturer/Official Distributor authorised representative]
Position: [state position]
Duly authorised to sign this Authorisation on behalf of: [Bidder full name]
Date _____ of month _____of year ________ [state date of signature]
SECTION 4
56
Form 8.
Price Lists Form

[Include in envelope C]
A.1
PRICE FOR IMPORTED GOODS (Cold Storage Rooms for Meat and Associated Facilities, Spare Parts, Consumables
and Accessories (POLISH /OR THIRD COUNTRY ORIGIN)
A.1.1 Price for Cold Storage Rooms for Meat and Associated Facilities
1
Item
No.
2
Description
3
Quantity
4
Supplier
5
Manufacturer
Cold Storage Rooms for Meat and Associated Facilities
TOTAL
SECTION 4
Model
Country of
origin*
Unit price**
(USD)
Total Price**
(col. 3 x col. 8)
(USD)
57
A.1.2 Price for Spare Parts, Consumables and Special Tools
Item No.
of the
spare
part/consu
mable
Item No. of
the equipment
related to the
spare
part/consumab
le
Description
Quantity
Supplier
Manufacturer
Model
Country of
origin*
9
Unit
price**
(USD)
10
Total Price**
(col. 4 x col. 9)
(USD)
TOTAL
*
The term origin of Goods must be specified pursuant to Community Customs Code (European Economic Community (EEC))
Regulation No 2913/92 and corresponding legislation for execution, European Commission (EC) Regulations No 2454/93).
Only one origin may be given: Poland or third country. Any item having assigned more than one country of origin shall be
considered of a third country. Any item with no assigned country of origin shall be deemed to be of third country.
** Prices for imported Goods shall be quoted on a DAP Incoterms 2010 basis including inspection prior delivery, freight, transport
insurance, warranty, preventive maintenance and after-sales services and manuals.
SECTION 4
58
A.1.3 Summary of Prices for imported Goods Polish /or third country origin)
COLD STORAGE ROOMS FOR MEAT AND ASSOCIATED FACILITIES
Total Price
Unit Price
ITEM
Description
TOTAL QTY.
(USD)
SECTION 4
(USD)
59
A.2
Services (Polish /or third country origin)

1
Item No.
Description
Quantity
Supplier/SubContractor
Country of
origin*
7
Unit price
(USD)
TOTAL
* It is understood that the country of origin of the services is the same as the entity providing the services
State the different items, for example:
-
Design.
Works.
Training courses.
Installation, test and commissioning.
Other services (if required).
Date ___of month ____ of year _________ [state date of signing]
SECTION 4
8
Total Price Project
Site/Location
(col. 3 x col.7)
(USD)
60
B. LOCAL COST*
1
Item No./
Service
Description of
Goods/
Services
Quantity
Supplier/SubContractor
Manufacturer
Model
Unit price
(USD)
Total Price
Project Site/ Location
(col. 3 x col.7)
(USD)
TOTAL
*The local cost is defined as the part of the commercial contract relative to the disbursements for payment of the goods and services
supplied by local companies in the Republic of Kenya under the surveillance of the contractor and conducive to the implementation of
the commercial contract..
State the different items, for example:
- Goods.
- Services.
- Works.
- Other local cost (if required).
SECTION 4
61
C. BID SUMMARY PRICE
Total
USD
A.1 IMPORTED GOODS (POLISH
AND/OR THIRD COUNTRY ORIGIN)
A.2 SERVICES (POLISH AND/OR
THIRD COUNTRY ORIGIN)
B. LOCAL COST
TOTAL(A1+A2+B)
SECTION 4
62
D. INFORMATION REGARDING ORIGIN OF THE GOODS AND SERVICES AND LIST OF SUPPLIERS, MANUFACTURERS AND
/OFFICIAL DISTRIBUTORS OF THE PROJECT
D 1. Breakdown of the Goods and Services by origin:
Description
Value (USD)
(1). Goods and Services Polish origin

(2). Goods and Services 3rd country origin
(3). Total exported Goods and Services (1) + (2)
(4). Local cost
(5). Total Bid Price (3) + (4)
(6). Total Goods and Services 3rd country origin and local cost
(2) + (4)
Third county origin of goods and services value or local cost value
% of third country origin of goods and services or local
costs=
100 x
Total exported Goods and Services of the Project

(Polish origin Goods and Services plus third country origin Goods
and Services)
The percentage of third country origin of goods and services or local cost is calculated over the total exported goods and services of the
Project, i.e., over the amount of Polish origin goods and services plus third country origin goods and services (third country is anyone
else other than Poland and Kenya).
SECTION 4
63
D.2 List of suppliers, manufacturers and /official distributors of the Project
POST
TAX
SUPPLIERS
STREET/NO. TOWN
CODE/
TEL
EMAIL
CODE
PROVINCE
WEB
PAGE
NATIONALITY*
MANUFACTURER/
OFFICIAL
DISTRIBUTOR
TAX
CODE
STREET/NO.
TOWN
POST
CODE/
PROVINCE
TEL
EMAIL
WEB
PAGE
NATIONALITY*
SUBCONTRACTOR
TAX
CODE
STREET/NO.
TOWN
POST
CODE/
PROVINCE
TEL
EMAIL
WEB
PAGE
NATIONALITY*
* Country of registered business address

SECTION 4
64
Form 9.
Bid Security Form

<The Bidder must complete this form in accordance with the instructions given between
square brackets [ ]. No alterations to this form or replacements will be accepted >
[The bank must complete this Bank guarantee form according to the instructions given]
[State name of Bank, and address of the branch issuing the guarantee]
Beneficiary: [state full name and address of the Contracting Authority]
Date:
[state date]
BID SECURITY No. [State Guarantee No.]

We have been informed that [state Bidder name] (hereinafter referred to as the
Bidder) submitted a Bid on [state Bid submission date] (hereinafter referred to as
the Bid) to Bidding Process convened by [insert name of Contracting Authority] to
execute [state name of Bidding Process].
We furthermore understand that pursuant to the Bidding Documents, the Bidder is
obliged to maintain the Bid for [state time period] and, if the Bid is successful, to enter
into the appropriate Contract and provide a Bid Security in that regard, all pursuant to
the Bidding Documents.
At the request of the Bidder, we [state name of Bank], by means of this Guarantee,
are irrevocably obliged to pay you an amount or amounts, not exceeding in total USD
_____________________ [state amount in figures expressed the Bid currency],
[state figure in words] upon receipt at our offices of your first call in writing with
written declaration attached, stating that the Contractor is in breach of its obligations
pursuant to the Bidding Documents.
The Bid Security will be executed if the Bidder:
a.
has withdrawn its Bid during the Bid validity period specified by the Bidder on the
Bid Form; or
b.
the awarded Bidder:
fails to sign the Contract, in accordance with Clause 31 of the Instructions to

Bidders of the Bidding Documents; or
fails to submit the Performance Security, in accordance with Clause 32 of the

Instructions to Bidders of the Bidding Documents.
This guarantee will remain in force up to and including 30 (thirty) days after the final
validity deadline for the Bids, and any demand in respect thereof should reach the Bank
not later than the above date.
SECTION 4
65
In case the Bidder results to be the successful Bidder, the Bid Security will remain in
force from the date of issuance up to the date in which the successful Bidder submits the
Performance Security in accordance with the Clause 32 of the Instructions to Bidders
(SECTION 2 of the Bidding Documents) and the Clause
of the General Conditions of
the Contract (SECTION 6 of the Bidding Documents) or until the expiration of the 3
(three) years deadline as per established in Article 45.2 of the General Conditions of the
Contract (SECTION 6 of the Bidding Documents).
This Letter of Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG)
as set out in the International Chamber of Commerce (ICC) publication 758.
[Signature(s) of the authorised representative(s) of the bank]
SECTION 4
- 66 -
SECTION 5
Technical Specifications and Drawings
INDEX
SECTION 5 Technical Specifications and Drawings .................................................. 66
1. Scope of Bid. ........................................................................................... 68
2. Quality of Materials ......................................................................................... 68
3. Packing. ........................................................................................... 68
4. Performance Schedule ..................................................................................... 69
5. Inspection.. .......................................................................................... 70
6. Transport. .......................................................................................... 70
7. Insurance ........................................................................................... 71
8. Manufacture. ........................................................................................... 71
9. Commissioning of the Goods ............................................................................ 72
10. Spare parts, Consumables and Special Tools ...................................................... 72
11. Technical Warranty, Preventive Maintenance and After-sales Services ................... 72
12. Training. .......................................................................................... 73
13. Test and Inspections ....................................................................................... 74
14. Local Costs. .......................................................................................... 75
15. Project Site ........................................................................................... 75
16. Cold Storage Rooms for Meat and Associated Facilities ........................................ 75
17. Design Requirement ........................................................................................ 75
18. Key Equipment.. .......................................................................................... 75
19. Technical specification for the supply, installation , Testing and Commissioning of Cold
Storage for meat and associated facilities .......................................................... 76
19.1.
The Cold Room ...................................................................... 76
19.2.
Vapour Barrier & Water Proofing .............................................. 76
19.3.
Insulation And Final Wall Finishes ............................................ 76
Schedule of Contract Drawings .............................................................................. 93

A. Meet storage Plans ......................................................................................... 94
SECTION 5:
- 67 -
B. Bills of Quantities. .......................................................................................... 95
SECTION 5:
- 68 -
A. Technical Specifications
1. Scope of Bid
The scope of the Bid shall be as follows:
a.
The work covered includes the supply, delivery, installation, testing,

commissioning and handing over to the certification of the engineer and
maintenance for a period of twelve months, eleven (11 no.), Cold Storage
Rooms for Meat and Associated Facilities complete with associated
accessories.
b.
all documents necessary to define/design and properly execute the Project

and requirements to enable the Cold Storage Rooms for Meat and
Associated Facilities obtain accreditation, and to meet European legislation
requirements in terms of quality control and food safety as well as, detail
of the Works to be developed during the execution of the Project and a
basic drawing for each Cold Storage Rooms for Meat and Associated
Facilities.
c.
All supplementary services necessary to install, test and commission the

Goods, including delivery and transport to Project Site, inspection prior to
delivery, installation, commissioning, start up, preventive maintenance,
technical guarantee for 12 (twelve) months, after-sales service and
training.
Functional Requirement:
d.
Cold storage facilities for meat shall be installed in abattoirs owned by the
government institutions or as shall be directed by the contracting
authority.
2. Quality of Materials
2.1. All Goods supplied under this Contract shall be new and of the best quality and
of the class most suitable for working under the conditions specified and shall
withstand the variations of temperature and atmospheric conditions arising
under working conditions without distortion or deterioration in the setting up of
undue stresses in any parts and also without affecting the suitability of the
various parts of the works for which they were designed.
2.2. All Goods offered shall be the product of recognized and experienced
manufacturers and shall be proven equipment of the same basic design and size
similar to that which has been in successful continuous operation for at least 3
(three) years.
2.3. All the Goods offered must comply with its corresponding Norm and Directive
and with the regulations established by the Kenyan Bureau of Standards (KEBS)
of the Republic of Kenya.
2.4. The Goods offered shall be designed to operate normally under the conditions of
Kenya. The conditions include power supply, climate, temperature, humidity,
etc.
3. Packing
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3.1. Packing shall give adequate protection to the Goods against mechanical damage
during transport to its final destination, including rough handling during sea, rail
and road transportation and transition from one mode of transport to another.
3.2. The successful Bidder shall pack and mark the Goods in such form, quality and
quantity and will assure the secure, complete, intact and undamaged arrival of
the Goods at the Project Site as per distribution list of the Technical
Requirements of this SECTION 5.
3.3. During transit, the packing shall be sufficient to withstand, without limitation,
rough, handling and exposure to extreme temperatures, salt and precipitations
and open storage. Packing case size and weights shall take into consideration,
the remoteness of the Project Site and the absence of heavy handling facilities
at all points in transit and final destination.
3.4. Steel works sections and similar items may be bundled provided that the ends
are adequately protected and the enclosing bands or wires are robust.
3.5. Indoor electrical equipment must be enclosed in welded polythene envelopes
inside packing cases and the envelopes shall be evacuated or have a desiccant
inside.
3.6. All items in cases or crates shall be secured so that they are not free to move
and cannot work loose in transport. If rotating parts are shipped within their
bearings or mountings, they must be adequately braced and restrained to
prevent relative movement. Loose items shall be placed in bags in a case, each
bag having stitched onto it a label indicating the number and nature of its
contents. Where a filler material is used in a case to restrict movement or
provide additional protection, it must be inorganic and non-hygroscopic.
3.7. All surfaces liable to corrosion shall be thoroughly cleaned and special steps
adapted to the nature of the materials and the time interval between packing
and unpacking shall be taken to prevent corrosion. These steps may constitute
the greasing on surfaces, the application of a protective coat, enclosure of the
items in a hermetically sealed container, the addition of vapour phase inhibitor
paper to the package or other approved means.
3.8. Steps shall be taken to ensure that moisture, moulds, insects or rodents cannot
damage insulated materials. Items that include materials liable to be damaged
by moisture shall be packed in hermetically sealed containers in which silica gel,
or some other approved desiccant has been inserted.
3.9. Cases shall be marked with large lettering to show which side of the case is to
be up, and if the contents are fragile, marked "FRAGILE" in large letters with the
international wineglass symbol. Packages shall be marked with their place of
destination in such a way that rough handling or the effect of weather cannot
remove or obliterate the marking. Each item shall be marked with its gross
weight and, for all lifts over two tonnes, marks on the cases shall show the
correct positions for the slings.
3.10. Special steps shall be taken to guard against theft during transport.
3.11. A descriptive and fully itemized list shall be prepared of the contents of each
packing case. A copy of this list shall be placed in a waterproof envelope inside
and outside of the case.
4. Performance Schedule
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4.1. The Bidders are required to submit a detailed time programme schedule to the
Contracting Authority. The maximum time period provided for execution of the
Contract is 18 (eighteen) months plus the Warranty Period form the date of
signature of the Project Site Availability Certificate (Article 20, Execution
Period/Project Site Availability, of the General Conditions of the Contract,
SECTION of these Bidding Documents..
4.2. The Bidder shall submit a Performance Schedule within a bar diagram containing
at least the following:
a)
The order in which the Bidder proposes to perform the Contract, including,
Manufacturing, delivery, installation, testing, commissioning and handover
of Cold Storage Rooms for Meat and Associated Facilities.
b)
The work schedule for acceptance of the tasks described above.
c)
A general description of the methods which the Bidder proposes to apply

for executing the Project.
d)
Such further details and information as the Contracting Authority may

reasonably require.
e)
Description of the personal assigned to execution of the Project as per the

Form 6 Bidder Personnel.
5. Inspection
5.1. The Bidders shall include in their Bids the cost of a pre-shipment inspection, and
shall take into consideration that all equipment to be imported into Kenya must
comply with the standard regulations established in Kenya by the Kenyan
Bureau of Standards of the Republic of Kenya (KEBS).
5.2. Prior to each shipment, the awarded Bidder shall engage, at his own expense, a
reputed international inspection company, in order to carry out a pre-shipment
inspection at the port of shipment or at the Bidders or sub-contractor
workshops or warehouses in order to check if the Goods comply with the
description, quantity and packing characteristics stated in the Contract.
6. Transport
6.1. The Bidders shall include in their Bids the cost of:
SECTION 5:
the handling and the transport of the Goods to the Project Site, under
usual conditions, through a usual route and in the usual manner, under all
the circumstances;
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the unloading of Goods from the containers/trucks and handling of the

cases in the points of loading, transit and in the Project Site.
6.2. The Bidder shall have the right of choice the points of loading of the Goods, and
the modality of transport subject to final delivery.
6.3. Partial shipments to transport the Goods will be allowed in accordance with the
programs as mentioned in item 4.2 on performance schedule.
7. Insurance
7.1. The Bidders shall include in their Bids the cost of the following insurance that
shall cover:
a. Insurance of Goods during transportation
To cover any loss or damage incurred to the Goods (including spare parts
repositions) during transportation from Contractor or sub-contractor
workshops or warehouses to the Project Site. The insurance must at least
cover the price set out within the Contract plus ten per cent (i.e. 110%) and
must be agreed in the Contract currency.
b. Construction and Assembly All Risk Insurance
The Contractor must take out a combined Construction and Assembly All
Risk insurance policy to cover any damage that may occur to the Works,
Goods, provisional installations and materials, from commencement of the
Works or arrival of the Goods to the Project Site until Final Acceptance of
the Project.
The Contractor must insure the Works, Goods, provisional installations and
materials for a sum amounting to not less than the complete cost of
reconstruction, including demolition costs, removal of debris and
professional fees and expenses.
c. Contractor Equipment Insurance
Sufficient insurance cover to replace any equipment and other objects
brought in by the Contractor to carry out the Works on Project Site.
8. Manufacture
8.1. The Bidders shall consider in their Bid the cost of manufacturing including all
documents necessary to define/design and properly execute the Project and
requirements to enable the Cold Storage Rooms for Meat and Associated
Facilities obtain accreditation and to meet European legislation requirements in
terms of quality control and food safety, detail of the Works to be developed
during the execution of the Project and a basic drawing for Cold Storage Rooms
for Meat and Associated Facilities, as well as, the protocol for Completion Test.
8.2. An indicative description and drawings of each Cold Storage Rooms for Meat and
Associated Facilities are indicated in part B of this SECTION 5, schedule of
contract drawings.
8.3. For evaluation proposes, the Bidders must submit as part of its Proposal a Cold
Storage Rooms for Meat and Associated Facilities manufacturing plant process
layout.
SECTION 5:
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9. Commissioning of the Goods

9.1. The Bidders shall consider in their Bid the works and the pre-installation works
which are necessary for the correct installation and start-up, assembly and
installation of Goods as well as their necessary connection, adjustment and
control in the Project Site.
9.2. The Bidders shall include in their Bids the cost of installation and start-up of the
Goods and the provision of all the necessary reagents and consumables required
for the start-up of the Goods.
10. Spare parts, Consumables and Special Tools
10.1. The Bidders shall include in their proposals a valued list of spare parts,
consumables and special tools for an amount of 1 % (one per cent) of the value
of the Goods, which will be included in the Contract, coherent with the
breakdown of the scope.
10.2. If it is required by the Contracting Authority, the spare parts, consumables and
special tools shall be used for the preventive maintenance process.
10.3. Bidders shall prove that spare parts,
maintenance services are locally available.
reagents
and
consumables
and
10.4. A list of recommended spare parts, reagents and consumables for 1 (one) year
operation shall be listed separately and not included in the Bid price. This list
must be coherent with the breakdown of the scope.
11. Technical Warranty, Preventive Maintenance and After-sales Services
11.1. Bidders shall include in their proposals a Technical Warranty and Preventive
Maintenance Programme. The warranty period shall be 12 (twelve) months from
the date of issuance of the Practical completion Certificate in each of the cold
storage facility sites.
11.2. Preventive Maintenance: The Contractor shall make the necessary preventive
maintenance, visiting the Cold Storage Rooms for Meat and Associated Facilities
in order to warrant and maintain all the equipment in good working conditions
and ensure its proper and efficient use. A Maintenance Certificate shall be drawn
up after each visit and signed by the person in charge of the equipment and/or
the group Chairman.
11.3. The Bidders shall include in their proposals a Preventive Maintenance
Programme. This Programme shall include at least 3 (three) visits per year of
warranty period, for the Key equipment, during the Warranty Period. The last
visit, at the end of the Warranty Period shall be compulsory in order to get the
Final Acceptance Certificate conformed. The brush-up training shall take place
during this visit.
11.4. The above-mentioned programmes shall indicate all details regarding the way
chosen by the Bidder to carry out the aforementioned services.
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11.5. The Bidder shall provide or secure the provision of a local reliable after-sales
service thereafter guaranteeing maintenance and the rapid replenishment of
spare parts and consumables for 5 (five) years. His technical offer shall include
a description of how the service will be provided by a local organization
authorized by the Manufacturer/Official Distributor including name of the service
organisation, postal address, telephone and facsimile number and e-mail
address.
12. Training
12.1. The training should be running in the course of the commissioning of the
equipment installed. In addition a brush-up training shall be carried out at least
6 (six) month after the provisional acceptance date, during the warranty period
and shall be compulsory in order to get the Final Acceptance Certificate
conformed.
12.2. The training programme shall include specific courses regarding to the following
production chain actors:
Cold Storage Rooms for Meat and Associated Facilities Engineering

technicians (22 people)
Plant Artisans (22 people).
Meat handlers (30 people).
Meat transporters (10 people).
12.3. The following courses shall be given the production chain actors listed below:
a.
b.
Plant Engineering Technician:
Operation and maintenance of the equipment including calibration.
Analytical methods applicable to Meat and Meat products equipment.
Good Meat handling and processing practices.
Livestock farmers/processors and related handlers/transporters
Good Meat handling and processing practices.
Sampling techniques.
Importance of sampling and analysis.
12.4. Bidders shall adapt their training proposal to the specific needs and
requirements of the personnel in charge of the operation and maintenance of
the equipment. Bidders shall combine different approaches and teaching
methods to obtain the highest possible level of efficiency of the equipment.
12.5. When elaborating their proposal, the Bidders shall take into account, as part of
their methodology, the following:
SECTION 5:
Issue of the corresponding minutes for every teaching session including

the date, the content of the course and list of attendance.
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Carry out an evaluation of the knowledge acquired by the trainees

during the training programme.
Elaborate a final report of the training programme which shall comprise

the contents of the training, the minutes of each of the teaching
sessions as well as the knowledge evaluation. This final report shall be
submitted to the Contracting Authority and to the Council of Ministers
in Poland, through the Polish Embassy in Nairobi or its duly authorized
representative.
12.6. Bidders shall propose a training programme covering all the aforementioned
requirements. Therefore, Bidders shall submit, at least, the following
information:
The training programme shall include specific courses regarding the

operation of the equipments to train users and technicians.
The training programme shall include specific courses regarding the

maintenance of the equipments to train maintenance users and
technicians. This course shall be in-class and on site.
Bidders shall take into account that the team of trainers responsible for
implementing the training programme must have a proven record of
experience in all the training areas. This record must be proved by the
relevant certificates.
Training shall take place at each project site in Kenya.
Organization chart detailing the responsibilities of each member of the

trainers team for all training courses.
Detailed schedule of the proposed training programme also included in

the general programme of execution.
Chart indicating the number and characteristics of beneficiaries for each

training course.
12.7. In order to facilitate the training programme, the Contracting Authority shall be
responsible of providing qualified personnel for the training stage.
13. Test and Inspections
13.1. The Bidders shall include in their proposal the cost to carry out the tests and
inspections of the Cold Storage Rooms for Meat and Associated Facilities in
order to check that they comply with the quality, quantity and characteristics
required under these Technical Requirements at his own risk and at no cost for
the Contracting Authority.
13.2. Cold Storage Rooms for Meat and Associated Facilities will be only accepted
after successful Completion Tests. The Completion Tests required are the
following:
a.
SECTION 5:
commissioning tests, which shall include the specified operational tests,

for the purpose of demonstrating that the Cold Storage Rooms for Meat
and Associated Facilities or part thereof, can be safely operated and
adheres to the provisions set down in the these Technical
Requirements;
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b.
operational test period, to show that the Cold Storage Rooms for Meat
and Associated Facilities or stage thereof is operating satisfactorily.
14. Local Costs

14.1. The Bidders shall indicate in their Bids the local cost for Goods, Services and
Works required for the implementation of the project.
14.2. The Bilateral Financial Cooperation Agreement establishes that the amounts of
local cost and third countries component of Goods and Services shall not exceed
40% (forty per cent) of the total value of the exported Goods and Services.
15. Project Site
15.1. The project sites shall be handed over to the successful bidders after execution
of the contracts.
16. Cold Storage Rooms for Meat and Associated Facilities
16.1. The Cold Storage Rooms for Meat and Associated Facilities Equipment to be
offered and, in case of successful Bidder, supply include the following:
Two (2) full operation instructions (including process description;

maintenance procedures, user manuals, service manual and Preinstallation drawings) in English language, duly adapted for the
beneficiary personnel of the Contracting Authority, in such a manner as to
permit the Contracting Authority to install, start up, maintain, adjust and
repair all parts of them.
One (1) set of safety regulations;
All documents have to be provided additionally on CD (one CD per

delivery site) in electronic version in English language;
17. Design Requirement

Mean ambient temperature:
Storage temperature
+2oC to -1oC
Storage humidity (minimum):

Evaporator cooling load
27oC DB
85%
42.0 KW
18. Key Equipment

For Technical Evaluation purposes the following items are considered as Key
Equipment:
Key Equipment
Item
Description
001
Evaporator
002
SECTION 5:
Condensing Unit and Compressor
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Key Equipment
Item
Description
004
Control Boards.
006
Prefabricated panel
007
Standby Generator
009
Electronic weigh scales
Regarding the above Key Equipment, the Bidders shall submit in their Bids the
following documentation:
ISO 9001 Certificate of the Manufacturer/Official Distributor in the event that
the Bidder is not the manufacturer of the Key Equipment.
Manufacturer/Official Distributor authorization in the event that the Bidder is
not the manufacturer of the Key Equipment according to the Form 7 provided
in SECTION 3, Bidding Forms.
19. Technical specification for the supply, installation , Testing
Commissioning of Cold Storage for meat and associated facilities
and
19.1. The Cold Room

The internal dimensions of the existing cold room are 5 x 5 x 4.5 m high. This
shall have mechanically applied vapour barrier and insulation on a concrete
floor slab and roof and block walls.
19.2.
Vapour Barrier & Water Proofing

Before the application of the insulation to the structure a vapour barrier shall
be applied to the entire internal surface. This shall consist of an even layer of
Flinkote type 3 or equal and approved applied to manufactures instructions.
The top surface of the floor insulation shall be water proofed using an asphalt
saturated and coated vapour barrier paper of not more than 0.3 perms
permeance or other equal and approved, lapped at least 80mm and tacked in
place.
The vapour seal must be approved by the Engineer before insulation work is
commenced.
19.3.
Insulation And Final Wall Finishes

The insulating material shall be polystyrene (or equal and approved) with a
conductivity of approximately 0.035 W/MoC and a density of approx. 25Kg/m3
for the walls and ceiling and 40Kgs/m3 for the floor. It shall be applied in two
layers each 50 mm thick with the second layer breaking joints with the first
layer.
Care must be taken to avoid breaking the vapor seal when fixing the
insulation. Two more cotes of vapour seal shall then be applied after
application of insulation
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Hardwood battens shall be provided at regular intervals between insulation.

Aluminum sheet (SWG 20) as specified on the drawing shall then be applied
and secured on the hard wood. The main contractor shall then finish off the
floor with 75 mm reinforced concrete and plaster under supervision of the subcontractor.
19.1. Insulated Door
The door and frame shall be fabricated from heavy seasoned timber and
insulated with two layers of 50mm thick polystyrene sand-witched between
10mm thick seasoned wood strips. It shall have a clear height of 1.85m being
hinged on one side so that it opens outward. The door shall be completed with
sufficient gaskets to ensure an air tight seal. The door shall be fitted with
automatic plunger type switches for operating the fan motors and interior
lights such that when it is open, the light shall go on and the fan shall stop,
and when it is closed, the lights shall go off and the fan shall start.
The door shall be such that it can be padlocked from outside but with an inside
release such that it can be opened from inside even when padlocked. All metal
parts on the door shall be chrome plated.
19.2. Evaporator
The evaporator shall consist of a cooling coil, air-circulating fan, fan guard,
and defrost electric heater element and a thermostatic expansion valve. The
valve shall be pressure equalized and manually adjustable. A timer unit shall
be mounted in the control panel to control both the de-frosting intervals and
defrosting period both of which shall be variable. The evaporator shall be of
cooling load capacity 42KW. It shall be ceiling type unit with a drip tray fitted
with a drain pipe to the outside of the building. The unit shall be as KUBA SGA
71 or equal and approved.
19.3. Condensing Unit
The condensing unit shall be of capacity to cope with the evaporator-cooling
load while using refrigerant R14a under specified conditions. The unit shall be
air-cooled semi hermetic with automatic capacity control for evaporator
demand.
It shall be provided with suitable anti-vibration mountings and an initial oil
change in the compressor. The unit shall be complete with compressor,
electric motor, air-cooled condenser of non-ferrous construction, liquid
receiver, all mounted on a common base. The unit shall be as BITZER or
equal and approved and shall be mounted in the adjoining compressor room.
19.4. Refrigeration Pipework.
Pipework shall be approved copper tubing and fitting and shall be properly
fixed in conformity with TRANE REFRIGERATION MANUAL. The suction line
shall be insulated with at least 25mm thickness of Armaflex or other approved
material, which shall not have insulating properties inferior to those of cork.
The condensing unit shall be approximately 10 meters from evaporator unit.
19.5. Refrigeration Components
The system shall be provided with the following components all similar to or
equal to those manufactured by DANFOSS
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- Filter drier
- Sight glass with moisture indicator
- Solenoid valve
- HP/LP cut out
- Suction & delivery gauges
- Room thermostat
-100mm diameter surface mounted dial thermometer in degree
Celsius
19.6. Control Panel
The control panel shall be fabricated from mild steel sheet of minimum SWG18
with a hinged door and then powder coated after manufacture. It shall be
provided with an integral lock. It shall be complete with;
1. Isolator fitted on the door
2. Controlling thermostat with temp rang from -100C to 300C
3. 80mm dial thermometer with temp rang from -100C to 300C
4. Contactors for defrosting Coils
5. Motor starters &current overload relays
6. MCBs
7. Phase failure relay with over and under voltage protection
8. Timer switch for defrost control
9. Push buttons for start and stop
10. Audible and visual high temperature alarm with manual reset
The panel shall also have green light running indicators, red door open light
and equipment circuit trip lights.
19.7. Electrical Installation
The electrical sub-contractor shall be responsible for providing power to the control
panel and for providing a local Isolator and connecting power to it. The cold room
sub-contractor shall be responsible for the final connections to the above equipment,
all control wiring and for all wiring within the control panel.
19.8. Shelves
The sub-contractor shall supply and fix fully fabricated 3 tier stainless steel metal
shelves and set them in the cold room as shown on the drawing. Shelf size to be 900
x 500 x 1350mm high.
SECTION 5:
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19.9. Testing And Commissioning

Before insulation of the suction pipe the refrigeration system shall be tested for
pressure and leaks using the combined pressure and leaks testing method. The
refrigeration system shall be charged with R410a refrigerant or any non-ozone
depleting refrigerant with no global warming potential and entire system raised to
test pressure using nitrogen or other inert gas. The test pressure shall be twice the
working pressure for the system.
Leaks shall be checked using soap bubble followed by using of electronic leak
detector. After system is proved leak proof, it shall be maintained under test
pressure for 24 hours. If at the end of this time the gauge pressure has fallen, the
complete system shall be re-tested. After the successful completion of the test, the
system shall be evacuated using vacuum for 24 hours. If there is loss of vacuum the
system shall be dehydrated again and left under vacuum for a further 24 hrs until the
system is effectively dehydrated.
After this the system shall be charged with the correct type and quantity of the
refrigerant. The system shall then be set to work and adjusted to ensure that it
operates correctly and design conditions are archived. It shall be left to operate for
72 Hrs and room temperatures recorded for this period using an automatic room
temperature sensor/recorder.
The compressor shall be provided with identification plates stating the type of
refrigerant used and the quantity required for the system
19.10.
Electric weighing scale
Electric weighing scale: This is to weigh finished products into 25 and 400 kg carcasses.
PARTICULAR SPECIFICATION FOR THE STAND-BY GENERATING SYSTEM.
1
Location of site
The site for the proposed Contract Works is in Kenya.
Climatic Condition
The following climatic conditions apply at the site of the Contract Works and the
equipment, materials and installations shall be suitable for these conditions:
33.0C
Maximum Temperature:
Minimum Temperature
50C
Relative humidity range
45% - 99%
Atmospheric salt content:
Less than 0.002%
Dust in Atmosphere:
Relatively dusty conditions prevail
Longitude (approximately):
360 40E
Latitude (approximately):
010 18S
Altitude:
1600m above sea level
SECTION 5:
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Operating Conditions
The equipment and all components shall be suitable for the operation in ambient
conditions of 50C to 400C and up to 100% relative humidity
i)
in an unheated ventilated building
ii)
in the open air as specified
Unless otherwise stated all ratings of equipment and components shall be

interpreted as site rating and NOT sea level or other ratings.
4.
Functional Objectives
The set shall be capable of operating continuously and satisfactorily in a medium
dust laden atmosphere as defined in BS 1701 and in accordance with BS 649.
The generating set is required for standby duty and will be connected to the
switchboard through a circuit. It shall have an automatic mains failure control,
appropriately interlocked with the other incoming supply. Provisions shall be made
in the control circuit of the generator for automatic and remote push button
control, including the terminals and cable glands for all external cables, which will
be supplied by others, where specified. It shall also be possible to start, operate
and stop the set manually, independent of any automatic features.
Within the operating conditions specified in part 3 above the set shall be capable
of starting and accepting full load within the shortest possible time, and in any
case, in not more than 10 seconds. Any special features included to achieve this
shall be stated in Section F.
5.
Scope of the Contract Works

The work covered by this Specification includes the design, manufacture, supply,
and delivery, installation, commissioning and testing to the satisfaction of the
Engineer and maintenance for a period of twelve months of a new generating set
complete with all necessary ancillary equipment.
The equipment to comprise 150KVA, 415 volts/3 phase /50Hz continuously rated
diesel generator set with all integral accessories, and all necessary equipment for
the safe and efficient working of the set. The diesel generator set will be site rated
at level of 1660 metres, Kenya Datum.
Diesel generator set to include:
a)
Push button starting, starting battery and mains power supply trickle
charger to be included.
b)
72 hour operational running capacity auxiliary fuel oil storage tank, loose
transfer pump and duplex oil strainer.
c)
An integral belly/ base fuel tank for daily service with an operational
running capacity of 8 hours
d)
All interconnecting pipe work, valves and fittings between the storage tank,
base tank and the diesel engine.
e)
An automatic generator control unit
SECTION 5:
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f)
A diesel generator control cubicle
g)
Acoustic enclosure/ sound attenuated canopy
h)
All local wiring
i)
Maintenance tools and spare parts as specified.
Performance Objective
The output rating of the set in KVA, the voltage, the number of phases and the frequency
shall be as specified in Schedule 3 of the Electrical Bills of Quantities.
Within the operating conditions specified the set, equipped with its standard air intake
filters, shall be capable of delivering its rated output continuously at rated voltage and
0.8 lagging power factor and of delivering 10% in excess of the continuous maximum
rating for a period of one hour in any 12 hour period.
The steady state voltage shall be maintained within 2 % of the rated voltage under
control of the voltage regulator between the cold start ambient conditions and the
maximum working temperature, from no load to 10% overload and from unity to 0.8
lagging power factor. After any change of load the voltage shall not vary by more than +
15% of the rated voltage and shall return to within +/- 3% within 3 seconds and to
within 2 % of rated voltage within 1 seconds. On starting the voltage overshoot shall
not exceed 15% and shall return to within 3% in not more than 3 seconds.
The governing of the set shall be such that the steady load speed band shall not exceed
1% of rated speed. Sudden removal of the full load at rated frequency shall not cause the
frequency to rise above 110% of the rated frequency and it shall return to within 105%
of the rated frequency within 3 seconds. The resultant steady state frequency shall return
to 104% within 15 seconds. If full load is then reimposed the frequency shall not fall
below 94% of rated frequency and shall return to 99% within 3 seconds and to the rated
frequency within 15 seconds. The cyclic irregularity of the set at full load shall not be
worse than 1/150.
The deviated interference shall be suppressed to the limit specified in BS 800 and BS
833.
7.
Generating Set Arrangement
Unless otherwise indicated the set and its auxiliaries shall be mounted on sufficiently
substantial underbase. All items which must be held in correct relative alignment shall be
located by means of dowels.
The set shall be designed and supplied for operation bolted to the floor on robust antivibration and shock absorbing devices. They shall have adjusting screws for optimum
setting and levelling and be so designed and installed that no appreciable engine
vibration shall be transmitted to the floor or to any surrounding.
Bearings shall be suitable for operation over long periods without the need for
replacement of the lubricant. Oil lubricated bearings shall be fitted with a visible oil level
gauge.
8.
Diesel Engine
8.1
General
SECTION 5:
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The engine shall comply in design and performance with BS.649 Diesel Engines for
General purposes or its approved equivalent. The engine shall be designed for
satisfactory operation on fuel oil and lubricating oils complying with BS. 2869.
The engine shall be totally enclosed, with forced lubrication from an integral pump having
on the suction side a course strainer and on the delivery side a dual full flow fine filter
with a changeover cock incorporating pressure by-pass, so that the oil flow to the engine
is maintained if the filter should choke. Alternatively a single filter of the self-cleaning
type fitted with a by-pass relief valve and having the same filtration performance may be
provided. Manual lubrication of any part of the engine will not be accepted. The capacity
of the lubricating oil system shall be sufficient to enable the engine to run continuously
for 12 hours at any load without replacement.
A filter with a by-pass relief valve shall be inserted in the fuel line immediately before the
pump(s). The fuel filter element shall be incapable of passing particles larger than
micrometers. The fuel system shall be so arranged that fuel resulting from filter, pump or
pipe spillage shall be incapable of entering the engine sump.
Air filters complying with KS 06-294: 1986, Grade A and Grade B suitable for use in a
dusty atmosphere shall be fitted on the engine air intake(s)
No significant critical speed of the complete shaft system, including the generator, shall
be within 15% of the rated speed.
A manually reset overspeed trip shall be fitted to stop the engine if its speed exceeds the
rated speed by 15%. A mechanical trip is preferred but an electrical overspeed trip may
be offered. Both types shall be equipped with a pair of contacts which close on operation
of the trip. If the device is belt driven, at least two belts shall be provided and the drive
shall be capable of carrying full load with one belt removed.
The set shall be arranged such that on shut-down the cooling water temperature shall not
rise with residual heat so that the high water temperature lock-out operates. The engine
may be naturally aspirated as pressure charged, or as indicated.
The starting shall be by means of electricity supplied from a starter battery. The starter
motor shall be of axial type, de-energizing by a device operated from the engine. A
means of manual starting shall also be provided.
Suitable means shall be provided for running by hand the engine main shaft and the
associated generator to facilitate inspection and overhaul.
If weekly test runs are insufficient to prevent the drying out of the bearings, means shall
be provided to ensure that the bearing surfaces are adequately and automatically wetted
with lubricating oil either periodically or immediately prior to every start.
The engine shall be capable of being started from any crank position.
A thermostatically controlled 240-volt immersion heater may be fitted in the engine
lubricating oil sump to facilitate starting. The heating surface loading of any lubricating oil
heater(s) shall not exceed 0.015 watt per square millimeter to avoid carbonization of oil.
An efficient exhaust silencer with adequate draining facilities shall be supplied, and shall
either be mounted on the set or installed in a generator room constructed as shown on
the drawing indicated. The exhaust silencer system shall be so arranged that it may be
readily relocated if required. Where any additional piping bends and fittings are specified,
the manufacturer shall advise on any problems involved.
SECTION 5:
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8.2
Fuel Oil System
An auxiliary fuel storage tank whose minimum capacity shall be sufficient to run the
engine continuously on full load for 72 hours shall be installed in the position indicated in
the contract drawing. It shall be supplied complete with supports.
The tank shall be fitted with a hand operated fuel with a flexible suction hose to permit
filling from a drum on the floor.
A three way cock shall be fitted in the line from tank to the engine to enable the fuel to
be supplied from a source other than the storage tank.
The position of the cock shall be clearly marked MANUAL, AUTOMATIC, OFF as
applicable.
A duplex oil filter shall be supplied between the storage tank and the diesel engine. The
duplex filter shall be capable of being cleaned without dismantling, or in interruption of
the fuel flow, and shall be easily maintainable. The tank shall be equipped with a
graduated dipstick, a clearly visible contents gauge (not of the site glass type) and with
drain, vent, overflow and inlet and outlet connection.
The set shall also have an integral belly/base fuel tank for daily services with an
operational running capacity of 8 hours.
8.3
Lubricating Oil System
An engine driven integral gear type lubricating oil pump shall be provided. The lubricating
oil system shall include an oil cooler and fine mesh filters, together with devices to
indicate lubricating oil pressure and to initiate a 240 volt A.C. Lubricating oil Low
pressure Alarm, Lubricating Oil High Temperature Alarm and Cooling Water High
Temperature Alarm.
As separate 240 volt A.C. Motor driven automatic lubricating oil priming pump shall be
provided for intermittent operation when the diesel is lying idle.
8.4
Starting of Engine
The diesel generator set shall have facilities for local and remote push button starting,
with a Local/ Remote/ Automatic selector switch at the local panel.
On mains failure the engine shall be capable of being automatically started from battery
located near the generator set.
The battery shall be complete with drip tray and trickle charger.
All necessary relays, contacts, switches and miscellaneous items for the starting
sequence shall be supplied and installed in the local control panel.
The system shall be designed to give maximum reliability in starting.
The Contractor shall state in detail his proposals to ensure reliable starting and
prevention of deterioration of the diesel engine, generator and exciter during idle periods.
SECTION 5:
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All manually operated valves and controls on whose setting the correct operation of the
automatic starting equipment depends shall be provided with locking devices.
8.5
Cooling System
The engine may be air or water cooled unless a preference is indicated.

8.5.1 Air Cooling of Engine
Cooling air for the engine and lubricating oil shall be provided by fan(s) mechanically
driven from the engine. The cooling system shall be adequate for the total requirements
of the engine when running on continuous full load and on 10% overload for one hour in
accordance with BS 649 and under the conditions of Section 3.
The engine shall be so designed that the cooling air discharges into or is drawn through a
reasonably airtight ducted assembly enclosing the lubricating oil cooler, the cylinder
barrels and the cylinder heads of the engine.
This assembly shall terminate in a flanged outlet to which trunking may be readily
attached when necessary, to enable hot air from the cooling system to be discharged
outside the building.
Belt driven fans shall have at least two belts and the drive shall be capable of
transmitting the full load with one belt removed. The cooling air temperature shall be
controlled so as to maintain a safe working temperature of the cylinder hand(s) and the
engine shall shut down if the maximum is exceeded.
8.5.2 Water Cooling of Engine
A radiator of the air blast type shall be provided. It shall either have separate sections for
water and for lubricating oil or be arranged for jacket water cooling only.
The radiator shall be mounted on the set and the fan(s) shall be mechanically driven
from the engine. Where indicated the radiators shall be suitable for remote wall or floor
mounting, in which case the fan shall be electric motor driven from a supply similar in
voltage, phase and frequency to the alternator output and shall be started on line.
Where remotely mounted, the fan shall only operate when generating set is running and
shall be controlled by a thermostat mounted in the radiator such that the fan motor will
start on rising temperature 500C and stop on falling temperature.
Belt driven fans shall be provided with at least two belts and the drive shall be capable of
transmitting the full load with one belt removed. Circulation of the jacket water and
lubricating oil through the respective radiator sections and /or heat exchanger shall be by
means of pumps mechanically driven by the engine. Belt driven pumps shall be provided
with at least two belts and drive shall be capable of transmitting the full load with one
belt removed.
Circulation by thermo-syphon will be accepted provided the engine will operate under the
conditions of section 6 and in accordance with BS 649.
An easily visible flow indicator provided with contacts shall be fitted in the water outlet
from the engine; the contacts shall close in the no flow condition and shut down the set.
Alternatively in thermosyphon systems and sealed or pressurized radiator systems the
flow indicator may be dispensed with providing the engine shuts down by the operation
of the high temperature or low oil pressure safety devices in accordance with section 8.3.
SECTION 5:
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A thermostatically controlled diverter valve shall be inserted in the engine water

discharge pipe with a return to the circulating pipe section, to maintain the circulating
water at the optimum temperature irrespective of the load. Alternatively a thermostatic
bypass will be accepted.
A radiator make-up/expansion tank, fitted with float control inlet, shall be provided. If a
sealed or pressurized unit is offered the tank may be dispensed with.
Where indicated provision shall be made on the radiator framework to permit the
attachment of ducting for the discharge air.
A thermometer shall be mounted near the cylinder head(s) to indicate water
temperature. Where a lubricating oil cooler is fitted, thermometers shall be mounted at
the oil inlet too and outlet from the engine. Alternatively, thermocouple may be provided
at all thermometer positions and taken to an instrument panel.
Adequate drains shall be provided at low points in the water and lubricating oil systems
of the radiator and, where applicable, of the heat exchanger.
8.6
Governing System
Governing shall conform to B.S. 640 Class A. The governor shall control the frequency
within the limits stated in Section 6 Part. Manual speed adjustment shall be provided over
a range of +/-15% of the rated speed at any load. The governor system shall be of the
mechanical or hydraulic type. In addition the engine shall be fitted with an approved
overspeed trip device which shall operate independently of the normal speed governor
and shall act directly upon the fuel supply to the engine.
The overspeed shall act at a speed of 12% to 15% in excess of normal operating speed.
8.7
Exhaust System
The diesel engine shall be provided with a suitable exhaust system for horizontal
discharge outside the diesel generator room.
The silencer shall be of spark arresting type and shall be equipped with cleaning and
draining arrangements.
If an exhaust driven turbo-charger is supplied it shall include air intake filters, mani-folds
and outlet manifolds.
All necessary ducting, piping, supports and lagging required for the system shall be
included.
Weatherproof wall boxes permitting expansion shall be fitted where the exhaust piping
passes through the building wall or roof. Pipe work shall be connected at site by butt
weld connections or use of flanged joints. The use of screwed connectors shall be
avoided.
Flanges shall conform to the appropriate Table of B.S.10: 1962. Welding of flanges at site
shall be carried out in accordance with B.S.806. The faces of flanges shall be machined
and the backs shall be machined or spot faced to receive the bolt heads.
Valves and fittings shall be of approved design and manufacture and shall be subject to
the same tests as the highest pressure piping or vessel to which they are connected.
SECTION 5:
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8.8
Engine Instruments
Unless otherwise indicated the following instruments shall be provided:

(a)
A lubricating oil pressure gauge
(b)
A running hours meter
(c)
A tachometer
(d)
A water thermometer
(e)
An exhaust gas pyrometer or thermometer mounted near the mani-fold
(f)
Lubricating oil thermometers on the inlet to and outlet from the engine, when a
lubricating oil cooler if fitted
(g)
Exhaust turbo-blower pressure gauge(s) as applicable
8.9
Pipe work, Valves and Fittings

All piping shall comply with requirements of KS-259:11989 for mild steel pipes.
Provision shall be made for ready handing of all parts of the plant during assembly
or disassembly of the unit.
Adequate provision shall be made for attaching lifting devices, slings and eyebolts.
9.
The Generator (Alternator and Exciter)
9.1
General
The generator shall comply with B.S.2613:197, for service in tropical conditions,
and shall withstand being idle for considerable periods without any harmful drop in
the insulation resistance.
The generator shall have a prime rated net output of 150KVA as specified in the
schedules of the Bills of Quantities, at 0.8 lagging power factor, 415 volts, 3
phase, 4 wire, 50 Hertz with brushless rotating rectifier excitation system and
voltage regulator. It shall be directly coupled to the engine and be sized such that
it will accept the maximum output of the engine including overload. The output
voltage shall be maintained within plus or minus 2 % from no load to full load
conditions. The alternator shall be capable of operating within the range of plus or
minus 15% of the nominal voltage according to the automatic voltage regulator.
Three phase machines shall be star connected, and a diagram showing the
terminal marking and phase rotation shall be provided in the terminal box. Cables
connecting the machine winding and machine terminals shall not have a higher
de-rating factor for temperature than the windings.
The insulation shall comply with BS 2757 excluding Classes Y and A. The
insulation shall have an oil, moisture and fungus proof finish, with a surface which
will not retain dust or condensation. It shall be possible to put the set in service
after long periods in unheated storage without necessarily drying out the
insulation.
SECTION 5:
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The alternator shall be capable of withstanding a short circuit for three seconds
when under the control of the automatic voltage regulator.
9.2
Excitation
Excitation shall be by means of brushless direct coupled exciter armature.
The alternators shall be designed for an excitation voltage at full load of not less
than 50 Volts unless prior approval is given.
9.3
ELECTRICAL CONTROL PANEL

The Automatic Mains Failure control panel shall be provided and fitted with the
following:a) Two four pole contactors and two TP & N incoming MCCBs each of suitable
rating for controlling the supply from the mains transformer and standby
generator.
b) An automatic voltage regulator for the set.
c) Control equipment as necessary including phase failure protection relay for
both the mains supply and the generator supply (with both under and over
voltage protection) and phase sequence protection relay for the mains supply
all to fulfil the functional requirements and automatic changeover as detailed
in Part 9.3.2
d) One ammeter and a selector switch to measure each phase current and
neutral current
e) One voltmeter and a selector switch to read line to line and line to neutral
voltage
f)
A frequency meter
The meters shall comply with BS 89, table 7.
9.3.1 General
The set is to be used for mains failure duty and an automatic starting panel shall
be provided which shall contain all necessary equipment for controlling the
automatic starting and stopping of the set, lubricating oil priming (if necessary),
all auxiliaries, fault warnings and shut downs. All faults, warning and shut-downs
shall be separately indicated. There shall be test facilities for indication lamps, etc,
preferably by means of a single test button.
Means shall be provided for isolating all supplies to the starting panel either by an
isolating switch or by withdrawable fuses.
When the set is stopped other than under lock-out conditions, it shall be selfresetting ready for the next start.
The set shall be suitable for starting by manual means. e.g. by cranking or direct
operation of the starter solenoid.
All switches and push buttons shall be clearly marked to indicate their function.
SECTION 5:
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It shall be possible to operate the Start and Stop buttons and to see the Set Failure
indications without opening the panel doors.
9.3.2 Automatic Changeover Controls
The controls shall be installed and wired in the machine control panel.
The control shall be provided such that on failure of the normal electricity supply, it will
automatically initiate the starting of and effect the transfer of load to the standby
generator. The schematic for the controls shall be approved by the Electrical Engineer
before manufacture commences.
Where failure of the normal supply is referred to, it shall be defined as follows:
a) Complete loss of voltage in one line 0r in all the three lines
b) Falling of voltage below 85% of the normal voltage between two lines or line and
neutral
c) Voltage overshoot to 110% of the normal voltage between two lines or line and neutral
d) Incorrect phase sequence
On failure of the normal supply, the unit shall operate in the following manner:
(a)
After a delay, adjustable from 0 to 15 seconds (to avoid operation by a transient

dip in voltage) a signal shall be given to start the standby generating set.
(b)
On receipt of a signal from the standby generating set that it is ready to take load,
and providing that the failure of the normal supply still persists, the normal supply
contactor in the control panel shall open and the standby contactor shall close. If
the normal supply has been restored before the changeover has taken place, the
contactor shall not operate and the starting relay contacts shall open to initiate
the shutting down of the standby generating set.
When the standby supply is in operation and the normal supply is restored and remains
within 10% of rated voltage on all phases for a pre-set time (adjustable up to 120
second) the standby contactor shall open and the normal supply contactor shall close;
the starting relay contacts shall then open to shut down the generating set.
Provision shall be made so that automatic return to normal supply can be prevented if
required.
Once a start signal has been sent to standby generating set, the engine starting
sequence shall be allowed to continue until the set is ready to take the load before a
stopping signal is sent.
A push button labelled Test shall be provided to enable a failure of normal supply to be
simulated. If the button is pressed and released the equipment shall complete the
starting sequence, and when the set is ready to take load it shall be shut down. If the
button is held depressed the equipment shall change over to the standby supply when
the set is ready to take load.
Indicating lamps or illuminated panels shall be provided on the front of the panel. They
shall be appropriately labelled, easily visible and shall give the following information:
Main Supply Available
SECTION 5:
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Generator Supply Available

Mains Supply on load
Generator Supply on load
9.4
Lock out
9.4.1 General
The set shall stop and lock out to prevent further starting when:
a)
It fails to start when the electric starter motor has been in operation for 20
seconds under automatic start condition.
b)
The lubricating oil pressure falls to a value at which it would be unsafe to continue
running the engine.
c)
The cooling water does not flow, when the engine is fitted with a visible flow
indicator on the cooling water system.
d)
(i)
In water cooled engines the cooling water temperature exceeds a

predetermined limit.
(ii)
In air cooled engines the cylinder head temperature exceeds a safe
maximum.
e)
The overspeed trip has operated.
9.4.2 Failure of the circuits concerned in sub-section 9.4.1 (b) to 9.4.1(e) shall cause a
set to shut down. Reset of lock out shall be by hand.
9.5
Fault indication
Each lock-out detailed in section 9.4.1 shall be indicated by a lamp on the panel together
with an indication of the fault causing the shut-down. The fault warning lights shall be set
to operate before the lock-out.
9.6
Starting Battery and Charger
The battery shall be 24 volts and capable of with-standing the loads imposed upon it by
its specified duties. It may be of lead-acid or alkaline type and shall be of sufficient
capacity for four starts in succession once in an eight-hour period. Auxiliary circuits
connected to the battery shall be protected by fuses.
The battery shall be used to supply an automatic starting and control equipment, and
relay operation shall not be impaired when the battery is supplying current to the starter
motor.
A single phase supply for battery charging shall be available from the main LV
SWITCHBOARD.
A charger shall be provided which will recharge the battery after engine starting and
maintain it in a charged condition when the set is standing or is in service. It may also
supply the load of any automatic starting and control equipments, and an additional load
up to 24 watts when the set is running and in service.
SECTION 5:
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An alternative quick charge rate shall be provided. The charger shall be fitted with an
ammeter to measure the charger and discharge current excluding the starter motor
current.
9.7 Wiring and Earthing
Power cables and small wiring cables interconnecting major components shall be of the
heat and oil resistant type and shall be metal sheathed or run in metal ducts or metal
conduit, which shall be coded and terminated with lugs or eyes or to be soldered, the
terminations shall be clearly marked with the numbers and letters of the terminals to
which they are connected. Terminals shall be numbered or lettered, easily accessible and
fitted with individual insulating barriers or adequately spaced. Barriers shall be fitted to
separate control terminals from power wiring terminals.
All metal work housing electrical equipment shall be bonded to a brass earthing terminal
and connected to station Earth and as detailed in the schedule.
9.8
Contactors
Contactors shall have magnetic circuits designed for a.c or d.c operation and shall be
rated in accordance with ks 04-182:1982.Four pole- contactors shall be fitted for three
phase-equipment and two-pole contactors for single phase equipment. Main and auxiliary
contacts shall be silver faced or better.
9.9
Relays
Relays shall preferably be of sealed type mounted in approved plug-in bias with spring
loaded retainers but if this is not practicable they shall be mounted on individual subbases and wired so that easy access is obtained to soldered connections. Unsealed relays
shall be enclosed in individual or common dust protecting cases.
Time delays, if of the pneumatic type, shall operate on filtered air. The thermal type of
time delay relay will not be accepted.
9.10
Fuses
Fuses shall comply with KS-183:1978. A spare fuse cartridge for each pole shall be
mounted inside each equipment.
9.11
Rectifiers, Capacitors and solid State components
Rectifiers, capacitors and solid state components shall be suitable for any transient
voltage and high currents likely to be uncounted during the operation of the equipment
and for the internal operating temperature of the enclosures at the specified maximum
external ambient temperature.
9.12
Enclosures for Equipment
Enclosures for electrical and control equipment shall be drip proof and dust protecting,
with adequate front and rear access as necessary for maintenance and repair. Special
attention shall be given to the method of construction and to the mounting of the
components to minimize the effect of vibration. Diagrams of connections in durable form
shall be mounted inside the enclosures.
SECTION 5:
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10
Lifting Gear and Handling.
Provision shall be made for ready handling of all parts of the plant during assembly or
disassembly of the unit. Adequate provision shall be made for attaching lifting devices,
slings and eyebolts.
11
Commissioning
The Contractor shall include for fully commissioning the set and its control equipment and
for the purpose of the required tests, shall provide all necessary instrument s, tools, fuel
and lubricating oil.
The following tests and checks as applicable shall be carried out by the contractor in the
presence of the electrical engineer or his representative.
a) Check that the main frame is level in all directions, engine and generator shafts are in
proper alignment and the vibration absorbing devices are properly installed and
located.
b)
Check water and sump oil levels and that the water jacket and radiation heaters
(if fitted) are in working order.
c)
Check the battery electrolyte levels and the specific gravity.
d)
Examine the containers in which the fuel and lubricating oils were delivered and
check that the type and grade of oils are as recommended for the unit.
e)
Ensure that sufficient fuel oil is in the fuel tank for a two hours test run.
f)
Check that all radiator and engine block water drain points are free from sludge
and other blockages.
g)
Check engine bolts, main drive coupling, valve clearance, fuel pumps settings,
governor settings, pipeline connections, water hose, exhaust couplings, flexible
pipe work etc, and where a separate cooling water tank is fitted, that the water
levels is satisfactory and the ball valve and overflow work.
h)
Check all outgoing connections on the generator and the control panel. All lugs for
principal connections shall have clean and bright contact surfaces. A suitable
abrasive shall be used where necessary.
i)
Check access panels and doors for proper opening and closing and for functioning
of any interlocks fitted.
j)
With the set isolated from the main supply and the selector switch in the manual
position, start the engine by means of the start push button and allow it to run
up to normal speed. Check that the main battery charger is automatically
switched off to avoid its being overloaded by the reduction in voltage across the
battery. Where a battery charging dynamo is fitted, check that the main battery
charger is disconnected by the operation of the auxiliary contact during the time
the engine is running.
k)
Check instruments and gauges for normal operation and response and that the
generator voltage is being maintained within the prescribed limits, making due
allowance for no-load conditions. Compare the reading of the frequency meter
with that of engine tachometer, where both are fitted
SECTION 5:
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i)
Stop engine by turning selector switch to off position and verify that the generator
contactor opens at between 95% and 85% of normal voltage. Re-check water and
oil levels.
m)
Turn selector switch to Auto position. Disconnect the sensing circuit supply and
check that the set starts, the mains contactor opens, and the generator contactor
closes in correct order. Reconnect the sensing circuit to verify that the engine
stops on restoration of the mains supply and the contactors operate correctly.
Check voltage sensing and time delays on each phase in turn and also the push
buttons for mains failure simulation and engine stopping operate correctly.
NOTE:
Running of the engine for any length of time under no load condition is
undesirable and
tests calling for such operation should be carried out in as
short time as possible
consistent with thoroughness.
n)
Operate the necessary isolators and switches to put the set on standby for
essential services network with the mains failure simulation push, verify that the
set operates correctly with the appropriate time delay for taking up load and that
the carrying of the load and its distribution over three phases are satisfactory.
o)
Run the set at various loads for periods totalling at least 30 minutes. Check that
the voltage and frequency are being maintained within the required limits with
large alterations of load. Note the rate of charge on the dynamo ammeter with the
engine running (if a dynamo is fitted), and the rate of charge on the battery
charging ammeter with the engine stopped. Check against manufacturers
recommendations and adjust charging rates if necessary.
p)
Check that the various engine safeguards operate satisfactorily.
q)
Check the vibration absorbing devices for proper operation and that performance
of all flexible connections, both mechanical and electrical, is satisfactory.
r)
When all tests are satisfactory and agreed with the Engineer or his representative,
the lubricating oil and water levels shall be finally checked, the fuel oil tank
replenished and set left in normal operating order.
s)
An initial supply of all lubricating oils and greases shall be provided by the
Contractor.
t)
Additional lubricating oil shall be provided for recharging the engine sump once
together with a supply of lubricating oils and greases to cover the normal use and
serving of the set during the 12 months maintenance period referred to in Part 14
of Section D.
SECTION 5:
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Schedule of Contract Drawings
DRAWING NO.
DRAWING TITLE
MS 1
Floor Plan
MS 2
Roof Plan
MS 3
Section
MS 4
Elevation
As shall be issued during project implementation.
SECTION 5:
- 94 -
A. Meet storage Plans
SECTION 5:
- 95 -
B. Bills of Quantities
BILLS OF QUANTITIES
A)
PRICING OF PRELIMINARIES ITEMS
Prices will be inserted against item of preliminaries in the Contractors Bills of Quantities
and specification. These Bills are designated as Bill No.1 in this Section. Where the
Contractor fails to insert his price in any item he shall be deemed to have made adequate
provision for this on various items in the Bills of Quantities. The preliminaries form part
of this contract and together with other Bills of Quantities covers for the costs involved in
complying with all the requirements for the proper execution of the whole of the works in
the contract.
The Bills of Quantities are divided generally into three sections:
(a)
Preliminaries Bill No.1

Contractors preliminaries are as per those described in section 6 Contract
Preliminaries and General Conditions of Contract. The Contractor shall study the
conditions and make provision to cover their cost in this Bill. The number of
preliminary items to be priced by the Tenderer has been limited to tangible items
such as site office, temporary works and others. However the Tenderer is free to
include and price any other items he deems necessary taking into consideration
conditions he is likely to encounter on site.
(b)
Installation Items Other Bills

(i)
The brief description of the items in these Bills of Quantities should in

no way modify or supersede the detailed descriptions in the contract
Drawings, conditions of contract and specifications.
(ii)
The unit of measurements and observations are as per those described

in section 6
1.0 5 of the section C.
(c)
Summary
The summary contains tabulation of the separate parts of the Bills of Quantities carried
forward with provisional sum, contingencies and any prime cost sums included. The
bidder shall insert his totals and enter his grand total tender sum in the space provided
below the summary.
This grand total tender sum shall be entered in the Bid Form provided elsewhere in this
document.
SPECIAL NOTES TO BILLS OF QUANTITIES
1.
The Bills of Quantities form part of the contract documents and are to be read in
conjunction with the contract drawings and general specifications of materials and
works.
2.
The prices quoted shall be deemed to include for all obligations under the Contract
including but not limited to supply of materials, labour, delivery to site, storage on
site, installation, testing, commissioning and start up with initial charge as may be
SECTION 5:
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All prices omitted from any item, section or part of the Bills of Quantities shall be
deemed to have been included to another item, section or part thereof.
4.
The brief description of the items given in the Bills of Quantities are for the
purpose of establishing a standard to which the Contractor shall adhere.
Otherwise alternative brands of equal and approved quality will be accepted.
Should the Contractor install any material not specified here in before receiving
written approval from the Project Manager, the Contractor shall remove the
material in question and, at his own cost, install the proper material.
5.
The grand total of prices in the price summary page must be carried forward to
the Bid Form for the tender to be deemed valid.
6.
Tenderers must enclose, together with their submitted tenders, manufacturers

brochures detailing technical literature and specifications of the equipment and
plant that they intend to offer. Where the brochure contains different models and
sizes, the bidders MUST clearly mark out the model and size they intend to offer
by using a mark pen.
The brochures are to be used to ascertain the suitability of the Equipment being offered
by the bidders, and bidders not complying with this requirement may be considered nonresponsive and may subsequently be disqualified from technical evaluation.
SECTION 5:
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2.22
STATEMENT OF COMPLIANCE
(a) I confirm compliance with all clauses in this tender specification.
(b) I confirm that I have not and will not make any payment to any person which
can be perceived as in inducement to enable me win this tender.
Signed for and on behalf of the Tenderer.
DateStamp..
SECTION 5:
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BILL NO. 1 - CONTRACT PRELIMINARIES
ITEM
DESCRIPTION
Security clause GCC 32
Insurance company Fees clause GCC 14
Inspections and tests clause GCC 37
Handing over clause GCC 39
Design clause GCC 26
As-built drawing clause GCC 26
Maintenance Manual clause GCC 26
Initial maintenance
Mobilization and Demobilization
QTY
UNIT
Total for Bill No. 1 carried Forward to Grand summary page (USD)
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 99 -
BILL NO. 2 BUILDERS WORK

BUILDERS WORK/ CIVIL WORK
ITEM
DESCRIPTION
QTY
UNIT
MEAT STORAGE FACILITY.

ELEMENT NO.1
SUBSTRUCTURES
Excavations
A
Clear site of all shrubs and undergrowth including

grubbing up of roots and dispose off as directed.
73
SM
Excavate oversite average 150mm deep and cart away

as directed
73
SM
Excavate oversite to reduce levels commencing from

stripped level not exceeeding 1.50meters deep
83
CM
Excavate trenches for strip foundation not exceeding

1.5metres for reduced level
CM
17
CM
Return, fill and ram with selected and approved

excavated material around excavations
12
CM
Load and cart away excavated materials from site
93
CM
Hardcore filling in making up levels, exceeding 300mm

thick in layers of 150mm maximum thickness.
60
CM
50 mm selected fine material to hardcore surfaces, well

rolled and leveled to receive concrete
39
SM
Apply "Termidor" or any other similar and approved

anti termite chemical treatment on blinded surfaces.
39
SM
500 gauge polythene sheeting with sides and end laps

as described laid on blinded surfaces
39
SM
25
SM
B
C
D
E
Extra over excavation from rock in any position
Filling and carting away

F
I
J
K
Plain concrete (1:4:8) in

L
50mm Thick blinding to strip foundation

Carried to Collection -1a
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 100 -
ITEM
DESCRIPTION
QTY
UNIT
SUBSTRUCTURES-(CONTINUED)
Vibrated reinforced concrete grade 20/20 (1:2:4) in:
A
Strip footing
150 mm Thick ground bed
CM
39
SM
Sawn formwork to:

C
Sides of strip footing
17
SM
Edges of floor bed 75 - 150mm high
26
LM
110
KG
62
KG
39
SM
lm
Steel reinforcement as described including cutting to

length, bending and fixing including all necessary tying
wires and spacing blocks (all provisional)
E
12mm Diameter
8mm Diameter
Steel fabric mesh reinforcement to B.S. 4483
No. A 142 fabric weighing 2.22Kg/sm fixed in bed

Flexcell expansion joint.
Ditto 250mm wide in slab
Carried to Collection -1b
SUBSTRUCTURES-(CONTINUED)
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 101 -
ITEM
DESCRIPTION
QTY
UNIT
Natural stone walling in cement and sand (1:3) mortar

and including reinforcing with 20 x 3mm thick hoop
iron in every alternate course.
A
200mm Thick walling
52
SM
Plinths
B
12mm thick cement and sand (1:3) render to plinths
16
SM
Prepare and apply three coats bituminous paint to

rendered plinths
16
SM
Allow for keeping the whole of the excavations free

from all water; include for draining or other wise
keeping all works free from water as necessary over
the entire contract period
ITEM
Allow for maintaining and upholding sides of

excavations and keeping excavations clear of all fallen
materials, rubbish etc
ITEM
Paving Slabs around building

F
600 x 600 x 50mm thick precast concrete paving slabs

bedded and jointed in cement and sand (1:4) mortar
laid on and including 50mm thick sand bed
Carried to Collection 1c
COLLECTION
From Collection 1a
From Collection 1b
From Collection 1c
TOTAL FOR ELEMENT NO. 1 CARRIED TO
(SUBSTRUCTURES) SUMMARY
SECTION 5:
16
SM
RATE
(USD)
AMOUNT
(USD)
- 102 -
ITEM
DESCRIPTION
QTY
UNIT
ELEMENT NO. 2
REINFORCED CONCRETE SUPERSTRUCTURE
Vibrated reinforced concrete grade 20/20 (1:2:4) in:
A
Beams and ring beam
CM
150 mm Suspended
CM
150
SM
Sawn formwork to:

C
Sides and soffites of beams

REINFORCED CONCRETE SUPERSTRUCTURE(CONTINUED)
Steel reinforcement as described including cutting to
length, bending, hoisting and fixing including all
necessary tying wires and spacing blocks (all
provisional)
High tensile square twisted bars
12 mm Diameter bars
146
KG
10 mm Diameter bars
98
KG
Assorted diameter bars
720
KG

(REINFORCED CONCRETE) SUMMARY
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 103 -
ITEM
DESCRIPTION
QTY
UNIT
ELEMENT NO. 3
WALLING
A
200 mm wide approved quality 3-ply bituminous felt

damp proof course under walls
41
LM
76
SM
Smooth chisel dressed natural stone walling in

cement and sand (1:4) mortar reinforced with
and including 25 x 3mm thick hoop iron in every
alternate course
B
200mm Thick walling externally

Medium chisel dressed natural stone walling in
cement and sand (1:4) mortar reinforced with
and including 25 x 3mm thick hoop iron in every
alternate course
200mm Thick walling internally
48
SM
Ditto to gables
14
SM
84
LM
Lintel
E
225 x 225 x 100mm thick concrete lintel reinforced

with 10mm and 8mm diameter steel bars and including
all necessary formwork
(WALLING) SUMMARY
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 104 -
ITEM
DESCRIPTION
QTY
UNIT
ELEMENT NO.4
ROOFING
Galvanized steel IT5 box profile sheets; 26 gauge;
prepainted
A
Roof covering; 150mm laps on one end and one and a

half corrugation side lap; fixed to angle section purlins
with and including J-bolts, nut and neoprene washers.
50
SM
LM
150mm dia. Half round ridge cap
Do; hip cap
11
LM
Raking cutting roofing tiles
16
LM
Trusses (All timber work is provisional)

The following in pressure impregnated first grade
cypress timber
E
150 x 50mm Rafters
54
LM
Ditto tie beams
66
LM
Ditto king post
27
LM
Ditto valley rafters
11
LM
100 x 50mm struts and ties
65
LM
Ditto purlins
50
LM
20
NO
Mild Steel
L
Equal angle nailing cleats overal size 100 x 50 x 50 x

2mm thick prepainted with two coats of red oxide
before fixing
Carried to Collection 4a
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 105 -
ITEM
DESCRIPTION
QTY
UNIT
ROOFING - (CONTINUED)
The following in second grade celcured and well
seasoned cypress timber
A
100 x 50 mm wall plate bolted to wall with and

including 12mm diameter bolts 60mm long at 1000mm
centres
30
LM
LM
200 x 50mm Ridge board
Bore hole in 50mm thick timber for 12mm diameter

bolts
20
NO
Make mortice in reinforced concrete for 12mm

diameter bolts
20
NO
18
LM
LM
30
LM
30
LM
Eaves
E
50 x 50mm second grade celcured and well seasoned

cypress timber brandering
Ditto but plugged

Fascia Board
225 x 25 mm thick wrot cypress fascia /barge boards

fixed to end of rafters (m/s)
Rain water goods
Gutters
150 x 100mm galvanized iron gutter gauge 24 fixed to

fascia boards (m/s) with and including approved steel
brackets at 1000mm centres
Extra over gutter for stopped ends
NO
Ditto but for 100 mm diameter outlet
NO
Carried to Collection 4b
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 106 -
ITEM
DESCRIPTION
QTY
UNIT
ROOFING - (CONTINUED)
Downpipe
A
100 mm diameter galvanised iron downpipe gauge 24

fixed to wall with and including holder butts at
1000mm centres
LM
Extra over downpipe for swanneck 1200mm long
NO
Ditto horse shoe 300 mm long
NO
Decoration and painting
Knot, stain prepare and apply three coats oil gloss

paint to:
General surfaces of timber
10
SM
Surfaces of timber 200-300mm girth
10
LM
SM
12
SM
Prepare and apply three coats gloss oil paint to:
General surfaces of metal gutters
Surfaces of large pipes

Collection 4c
COLLECTION
From Collection 4a
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 107 -
ITEM
DESCRIPTION
From Collection 4b
From Collection 4a

(ROOFING) SUMMARY
SECTION 5:
QTY
UNIT
RATE
(USD)
AMOUNT
(USD)
- 108 -
ITEM
DESCRIPTION
QTY
UNIT
ELEMENT NO.5
DOORS
Mild steel Doors
Size 1800 x 2400mm high mild steel panel door

comprising of 6 No. Size 300 x 800mm high and 3No.
Size 300 x 450mm high including 900 x 200mm and
900 x 300mm high double plates complete with 100 x
50 x 3mm RHS framing and metal lugs including
purpose made hanging and locking accessories once
primed with red oxide primer before delivery to the site
including three lever mortice lock as per 'Union' Ref
2277 or other equal and approved manufacturer.
Size 900 x 2400 Ditto but Single Leaf
NO
NO
26
SM
Painting
Prepare and apply three coats gloss oil paint to:
General surfaces of metal
TOTAL FOR ELEMENT NO. 5

(DOORS) SUMMARY
SECTION 5:
CARRIED TO
RATE
(USD)
AMOUNT
(USD)
- 109 -
ITEM
DESCRIPTION
QTY
UNIT
ELEMENT NO.6
EXTERNAL FINISHINGS
Walls
A
Extra over walling for smooth chisel dressing with flush

pointed vertical joints and recessed horizontal joints
78
SM
SM
12mm thick gauged lime (1:2:9) plaster to :
Beams
Prepare and apply three coats of first grade silk vinly

emuilsion paint as per "Crown Berger" or other equal
and approved to:
(EXTERNAL FINISHES) SUMMARY
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 110 -
ITEM
DESCRIPTION
QTY
UNIT
40
SM
ELEMENT NO. 7
INTERNAL FINISHES
FLOORS
Cement and sand (1:4) screeding smooth
trowelled
A
32mm thick screed prepared to receive Rubber

expoxy floor finishes(m/s)
20mm thick, 2 No. coat work terrazzo; approved
colour; cement and marble chippings (1:2);
machine polished; to concrete or blockwork base
generally to: -
To floor.
40
SM
100 x 8mm skirting
50
LM
140
SM
40
M2
40
M2
Ceiling
10mm thick Alluminium foil from jumbochem

including all accessories
Ceiling
CEILING FINISHES
12mm thick two coat steel trowelled gauged lime
Plaster to:E
Horizontal soffits of suspended slab

Prepare and apply one undercoat and two
finishing coats silk vinyl emulsion paint to:
Plastered soffits of ceilings
Carried to Collection 7a
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 111 -
ITEM
DESCRIPTION
QTY
UNIT
129
SM
129
SM
135
sm
No
Walls
Cement and sand (1:3) plaster
12mm Thick to wall surfaces
Prepare and apply three coats first grade plastic

emulsion paint to:
B
Plastered walls
Plaster; 12mm thick 2 No. coatwork, 9mm

first coat of cement sand (1:6); 3mm
second coat of cement and lime putty
(1:10); steel trowelled toconcrete or
blockwork base generally to: -
Walls; beams; columns; internal
Supply and fix Stainless steel 5O mm diameterx

1200mm length
Collection 7b
COLLECTION
From Collection 7a
SECTION 5:
RATE
(USD)
AMOUNT
(USD)
- 112 -
ITEM
DESCRIPTION
From Collection 7b

(INTERNAL FINISHES) SUMMARY
SECTION 5:
QTY
UNIT
RATE
(USD)
AMOUNT
(USD)
- 113 -
ITE
M
DESCRIPTION
QTY
SECTION SUMMARY
A
B
C
D
E
F
G
SUBSTRUCTURES
REINFORCED CONCRETE
SUPERSTRUCTURE..
WALLING
..
ROOFING
.
DOORS
..
EXTERNAL
FINISHES.
INTERNAL
FINISHES..
TOTAL BUILDERS CARRIED TO BILL NO 3

SUMMARY
SECTION 5:
UNIT
RATE
(USD)
MOUNT
(USD)
- 114 -
MECHANICAL WORKS
Item
Description
Unit
Qty
42 KW Evaporator unit as Guntner or

approved Equivalent
No.
Condensing unit of capacity to match Item A

above as Bitzer or equivalent.
No.
Insulated door
No.
Control panel complete with all accessories
No.
Thermostat
No.
Dial Thermometer
No.
Solenoid valve
No.
Thermostatic expansion valve
No.
LP/HP Cutout switch
No.
High pressure gauge
No.
Low pressure gauge
No.
Sight glass
No.
Vapour seal
M2
150
100mm thick thermal insulation
SM
150
0.9mm (20swg) thick aluminium sheet firmly

fixed on the coldroom walls and roof complete
with corner panels
SM
193
SM
193
LM
30
Item
1.62mm (16swg) thick chequered aluminium

plate reinforced with GI steel sheet
underneath and firmly fixed on the floor
Refrigeration Pipework complete with Amaflex
Insulation
Charging the Refrigerant for testing and

running
Meat hooks with rollers
No.
200
T
U
Filter drier
Electrical works associated with the coldroom
installations
No.
Item
As-installed drawings, Maintenance and

operation manuals
Testing and commissioning of the installations
Item
Item
Rate
(USD)
TOTAL AMOUNT FOR COLD ROOM INSTALLATIONS C/F BILL NO

3 SUMMARY
SECTION 5:
Amount
(USD)
- 115 -
ELECTRICAL WORKS
SCHEDULE NO.1 - ELECTRICAL INSTALLATION WORKS
ELECTRICAL INSTALLATION WORKS FOR MEAT COLD STORAGE
Rate
Description
Qty
Unit
(USD)
Item
Amount
(USD)
Supply, install, test and commission the

following ;LIGHTING POINTS
1.01
Lighting points wired in 1.5 mm2 SC CU cables

drawn in concealed 20mm HG P.V.C
conduits for:a) one way switching
12
No.
0.00
b) two way switching
No.
0.00
No.
0.00
a) one gang one way
No.
0.00
b) one gang two way
No.
0.00
a) 1500mm, 2x58 Watts fluorescent fitting

with GRP body and acrylic diffuser for
thermally insulated 58W lamps with electronic
switch gear as FITZGERALD, THORN
COLDPROOF or approved equivalent.
No.
0.00
b) 1200mm, 2x36 Watts batten fluorescent

fitting as FITZGERALD, THORN or approved
equivalent. (TYPE E1).
No.
0.00
c) IP 65 rated cast Aluminium bulkhead fitting

for 100 Watts BC GLS lamp, with glass bowl
retained by tamper resistant fixings as THORN
OLG 1100 or approved equivalent. (TYPE 1)
No.
0.00
No.
0.00
SWITCHES
1.02
10Amps, switch plate as CLIPSAL, BG NEXUS

or approved equivalent as
a) one gang one way
1.03
10Amps, watertight switch plate as

CLIPSAL, BG or approved equivalent as
LIGHTING FITTINGS
1.04
Lighting fittings complete with bulbs or tubes

as follows:-
d) Enclosed floodlight for 100 W increased

output lamp with black aluminium body, flat
2
glass, sealed to IP65. as Thorn Areaflood 15
(LED Type)
SUB TOTAL C/F TO NEXT PAGE
Item
SECTION 5:
Description
Qty
Unit
Rate (USD)
Amount
- 116 -
(USD)
Sub- Total B/F From Previous Page
0.00
SOCKET OUTLETS AND OTHER POWER

POINTS
1.05
1.06
1.07
13 Amps socket outlet points wired ring

comprising of 3x2.5 mm sq. single core
PVCI copper cables drawn in concealed
25mm HG PVC conduits and steel trunking.
14
No.
a) Single.
No.
b) Twin.
No.
No.
No.
No.
No.
No.
0.00
No.
0.00
No.
0.00
13 Amps. Moulded plate switched socket

outlet with neon indicator as BG, CLIPSAL
or approved equivalent
13 Amps. Watertight Moulded plate

switched socket outlet as GE electric or
approved equivalent being :a) Single.
b) Twin.
1.08
1.09
1.10
1.11
1.12
Cold Room power point completely wired in

3 X 6.0mm sq. PVC SC Cu cables drawn in
32mm diameter concealed HG PVC conduit
- Chest Freezer.
32A SPN isolator for item 1.08 above as
CLIPSAL or
approved equivalent.
Machine power point comprising wiring in
5x4.0 mm sq. single core PVCI copper
cables drawn in concealed 32mm HG PVC
conduits
32A TPN isolator for item 1.10 above as
CLIPSAL or
approved equivalent.
20 Amps. 5 Pin Watertight Industrial
Schuko socket outlets as GE or approved
equivalent.
SECTION 5:
- 117 -
Item
Description
Qty
Unit
Rate (USD)
Amount
(USD)
0.00
SUB-MAIN DISTRIBUTION CIRCUITS.

1.13
Circuit comprising of 5x16mm sq. SC CU

PVCI cables drawn in concealed 38 mm
dia. HG PVC conduits from the KPLC Meter
Board to the DB
30
LM
0.00
a) Cable gland for above cable
No.
0.00
1.14
9-way TPN Distribution Board as

CRABTREE, Flush mounted, complete with
1No. 100A TP/N integral isolator.
No.
0.00
1.15
Miniature circuit breakers for above item

a)10Amp SP MCB
No.
0.00
b) 20Amp SP MCB
No.
0.00
c) 30Amp SP MCB
No.
0.00
d) 30Amp TP MCB
No.
0.00
e) Blanking for spare
No.
0.00
METER BOX
1.16
1.17
16 SWG surface mounted and spray

painted Meter board to accommodate 1No.
Single tariff Prepaid Meters complete
with , 200A TPN MCCB and all other
necessary accessories.
100mm dia. HG PVC conduit from
Meterboard to the outside for service line
to KP&LCs approval.
SECTION 5:
No.
15
LM
- 118 -
Item
Description
Rate
(USD)
Amount
(USD)
0.00
Qty
Unit
a) 12.5 mm x 1200 mm earth rod as

FURSE cat. No. RB 105.
No.
0.00
b) 12.5 mm dia. Driving stud as FURSE

cat.No. ST100.
No.
0.00
c) Rod to cable clamp as FURSE cat. No.

CR510.
No.
0.00
d) Concrete inspection pit as FURSE cat.

No.PT005. (or a well made 320mm x
320mmx 210 mm depth pit.)
No.
0.00
e) 16 mm sq. SC PVCI CU cables drawn in

20 mm dia.PVC conduit concealed in walls.
LM
0.00
No.

EARTHING.
1.18
1.19
Earthing, items 1.32 above, comprising of

the following :-
FIRE ALARM SYSTEM.

Fire alarm points wired in 3x2.5mm2 Heat
resistant SC PVC copper cables drawn in
concealed 20mm diameter HG PVC
conduits
1.20
240V ac fire alarm bell with 150mm gong

as MENVIER or approved equivalent
No.
1.21
Fire break glass Manual, watertight, call

point unit as MENVIER or approved
equivalent complete with a packet of 5
spare glasses, a packet of 5 spare test
keys, a spare back box and a hinged
cover.
No.
1.22
Photoelectric smoke detectors as MENVIER

or approved equivalent
No.
1.23
Standaalone single-zone Fire alarm

control panel complete with Battery and
1
No.
charger as MENVIER or approved
equivalent
SECTION 5:
- 119 -
Item
SCHEDULE 2 - LIGHTNING PROTECTION SYSTEM

Rate
Description
Qty Unit
(USD)
Supply, install, test and commission the
following ;LIGHTNING PROTECTION
AIR TERMINATION
2.00
25x3mm copper tape including copper saddles

at 1500mm intervals and bonding to water tanks
and other metal work in the roof , all as FURSE
25
LM
2.01
State Holdfast as Furse Cat. No. HF015 to fix

the above tape to the roof
15
No.
2.02
Copper air terminations (lightning arrestors)

inclusive of base clamp and all fixing materials
as FURSE
No.
25
LM
No.
40
LM
No.
No.
No.
Driving stud for the above item as Furse ST 300
No.
Earth electrode rod - to - downward conductor

copper tape clamps as Furse CR 105
No.
2.03
2.04
2.05
DOWNWARD CONDUCTOR
Downward conductor comprising 25mm x 3
mm thick bare copper tape as FURSE
Copper square tape clamp for making crossing
tape joints
Steel conduits32mm diam. for securing the
down conductors complete with saddles
2.06
Test clamp as FURSE

EARTHING
2.07
Earth inspection concrete chamber 300mm x

300mm x 300mm with an air tight inspection
cover to approval.
16 mm nominal diameter by 1500mm threaded
copper bond earth rod as Furse P NO 310
driven to ground.
2.08
2.09
2.10
SUB- TOTAL FOR LIGHTNENING PROTECTION C/F TO

COLLECTION PAGE
SCHEDULE 3 - GENERATING SET
SECTION 5:
Amount
(USD)
- 120 -
ITEM
DESCRIPTION
QTY
UNIT
3.00
Supply, deliver to site, install, test and

commission a prime rated 25KVA 3 phase,
415V, 50Hz diesel generating set with a
continuous power factor of 0.8 lagging. The
generator set is to be complete with an acoustic
enclosure and an integral base/belly daily
service fuel tank with an operational running
capacity of not less than 8 hours.
No
3.01
Supply, deliver to site and install a steel exhaust

pipe of not less than 14 SWG and of adequate
diameter running from the generating set to the
outside of the generator house
15
LM
3.02
Connect the exhaust pipe above in item 1.2

using steel pipes of adequate diameter, and
flexible piping off engine exhaust manifold
complete with heavy duty silencer
Item
3.03
Complete earthing of generating set to electrical

engineers approval (inclusive of manhole with
watertight cover)
Item
SCHEDULE 3 - AMF CONTROL PANEL
SECTION 5:
RATE
AMOUNT
(USD)
- 121 -
ITEM
DESCRIPTION
QTY
UNIT
3.04
3.05
3.06
3.09
3.10
3.11
3.12
Supply, deliver to site, install, test and

commission the following:
An electrical control panel complete with
suitable rated incoming MCCBs and contactors
for automatic change over operation and
complete with all other control accessories as
described in clauses 9.3 to 9.10 of the particular
specifications
Suitable rated manual by-pass switch with
clearly labeled NORMAL-OFF-BYPASS
positions, and shall such be wired that when
the switch is on either OFF or BYPASS
position, the generator shall receive no signal
to start
240V AC/12V DC trickle battery charger as
specified in clause 9.6 of specifications. The
trickle charger shall charge the battery when the
set is on IDLE mode, otherwise when the set is
RUNNING, the battery shall be charged by the
generator charger. Wiring shall be done such
that the two chargers shall not operate at the
same time.
12 volts battery as specified in clause 9.6 of
the particular specifications
No
No.
No.
No.
40
LM
(b)2.5mm2, 4 core, PVC/SWA/PVC copper

control cable
40
LM
Trenching, cable laying, Hatari tiling and

backfilling for item 2.5 above
Interwire the control panel with the DB board
40
LM
Item
SCHEDULE 3 AUXILIARY FUEL TANK
SECTION 5:
AMOUNT
(USD)
0.00
Amoured cables complete with glands and pvc

sleeves:
(a) 1x16mm2,4 core PVC/SWA/PVC copper
cable
RATE
- 122 -
ITEM
3.13
DESCRIPTION
Supply, deliver to site and install, to the
approval of the project manager, and connect to
the daily service base/belly fuel tank, an
auxiliary fuel tank with level indicator and with
an operational running capacity of 72hours.
The tank is to be complete with stand and all
interconnecting G.I pipe work.
QTY
UNIT
AMOUNT
(USD)
0.00
No
3.14
Supply, install, test and commission a 240V AC

fuel booster pump complete with a suitable
rated motor DOL starter, all control accessories
and G. I piping
Item
3.15
Supply, install, test and commission a manually

operated fuel pump complete with all
interconnecting accessories and G. I piping
Item
3.16
Provide for wiring item 3.3 above using

appropriate cables complete with all pump
control accessories
lot
SECTION 5:
RATE
- 123 -
BILL NO.2 SCHEDULE 4 - TOOLS TO BE SUPPLIED WITH THE SET

ITEM
DESCRIPTION
QTY
UNIT
3.17
Metal tool box with lock and two keys
No
3.18
Set of 8 No. Chrome vanadium ring spanners in

sizes to suit the set
No
Set of 3 screwdrivers, 75mm, 200mm and

300mm plus one 200mm Philips type
No
3.20
- ditto -but open ended spanners
No
3.21
Set of feeler gauges
No
3.22
Grease gun to suit greasing points
No
3.23
Oil can, trigger type
No
3.24
Any other special tools which the tenderer

recommends should be purchased as an
optional:*
NOTE* Tenderer should give detail and prices
of item 9 but the price not to be included in
total carried forward to price summarry page
SECTION 5:
AMOUNT
(USD)
0.00
For the supply to site of the following tools:
3.19
RATE
- 124 -
BILL NO. 2 SCHEDULE 5- RECOMMENDED SPARE PARTS AND LUBRICATORS

ITEM
DESCRIPTION
QTY UNIT RATE
AMOUNT
(USD)
0.00
3.25
For the supply to the site of the following

spare parts and lubricators:
Oil Filters
No
3.26
Fuel Filters
No
3.27
Injector to suit the set
No
3.28
Set of Fan belts to suit the set
No
3.29
10 litres container of sump oil of

grade.......................................*
No
2 kilogram tin greases of

grade..................................................*
10 litre plastic container of distilled water
1
1
No
No
3.30
3.31
3.32
Any other spare parts recommended by

Tenderer **
*The tenderer to fill in the Grade quality to
be supplied
**The tenderer to fill in the details and price
of items but the price not to be included in
total carried forward to summary page
SUB-TOTAL FOR GENERATOR INSTALLATION WORKS C/F TO

COLLECTION PAGE
SECTION 5:
- 125 -
ELECTRICAL WORKS COLLECTION PAGE

ITEM
DESCRIPTION
Plant Electrical Installation Works
Lightning Protection System
Generator Installation Works
Provisional Sum for KPLC Connection

Charges
SUB-TOTAL FOR THE ELECTRICAL

WORKS C/F TO GENERAL SUMMARY
PAGE
SECTION 5:
QTY
UNIT
RATE
Item
TOTAL(USD)
4,500.00
- 126 -
PROPOSED ERECTION AND COMPLETION OF MEAT COLD STOAGE AND

ASSOCIATED FACILITIES
ITEM
DESCRIPTION
BILL NO 3. BILL SUMMARY
Sub Total For Builders/Civil work
Sub Total For Mechanical Works
Sub Total For Electrical Works
Total for One (1) No, Carried to Grand

Summary. (USD)
SECTION 5:
TENDERER'S
AMOUNT (USD)
OFFICIAL USE
ONLY(USD)
- 127 -
GRAND SUMMARY PAGE

Item
Description
Bill No. 1: Preliminaries
Bill No. 2: Builders Work
Contingency
Amount (USD)
10,000.00
Total For 1 No., Meat Cold Store and Associated Facility

4
Multiply by 5
X5
Total Amount For Five (5 No.) Meat Cold Store and Associated
Accessories Carried to Bid Form
Amount in words:
......
Tenderer's Name and Stamp.
Address ..........
Tenderer's Signature
Date.....
Witness Name:.
Witness Signature .....
Date.
SECTION 5:
- 128 -
SECTION 6
Contract
INDEX
A.
CONTRACT AGREEMENT ................................................................................ 130

1. Scope ..................................................................................................... 132
2. Price ....................................................................................................... 132
3. Method of payment ................................................................................... 132
4. Entry into force ........................................................................................ 134
5. Execution Period ....................................................................................... 135
6. Order of prevalence of contractual documents .............................................. 135
7. Communications ....................................................................................... 135
PRELIMINARY PROVISIONS .................................................................................. 139

1. Definitions ............................................................................................... 139
2. Applicable law and language ...................................................................... 142
3. Interpretation .......................................................................................... 142
4. Communications ....................................................................................... 143
5. Assignment and Sub-contracting ................................................................ 143
6. Joint Venture or Consortium ...................................................................... 144
7. Confidentiality .......................................................................................... 144
8. Patents and Licences ................................................................................. 144
SUBJECT AND SCOPE OF THE CONTRACT .............................................................. 145
9. General Contractor Obligations ................................................................... 145
10. Obligations of the Contracting Authority ...................................................... 146
11. Sufficiency of the Contract price ................................................................. 147
12. Clause of Origin........................................................................................ 148
13. Insurances............................................................................................... 149
CONTRACT PRICE AND PAYMENT .......................................................................... 150
14. Price ....................................................................................................... 150
15. Taxes and Duties ...................................................................................... 150
16. Performance Security ................................................................................ 151
17. Entry into force ........................................................................................ 152
18. Execution Period / Project Site Handing Over Certificate ................................ 152
19. Extension of Execution Period .................................................................... 152
20. Liquidated Damages ................................................................................. 153
21. Amendments ........................................................................................... 154
SECTION 6
- 129 -
22. Suspension .............................................................................................. 155

EXECUTION OF THE PROJECT ............................................................................... 156
23. Representatives ....................................................................................... 156
24. Performance Schedule............................................................................... 157
25. Design .................................................................................................... 158
26. Commencement of works .......................................................................... 160
27. Delivery, Transport and Insurance of Goods ................................................. 160
28. Care of the Cold Storage Rooms for Meat and Associated facilities .................. 163
29. Inspection of Goods prior to Dispatch .......................................................... 163
30. Progress reports ....................................................................................... 164
31. Site Security ............................................................................................ 164
32. Contractor Equipment ............................................................................... 164
33. Labour .................................................................................................... 165
34. Clearance of the Cold Storage Rooms for Meat and Associated facilities area .... 165
35. Parallel Contracts ..................................................................................... 165
ACCEPTANCE AND WARRANTY ............................................................................. 166
36. Inspections and tests ................................................................................ 166
37. Completion Tests ...................................................................................... 167
38. Handing Over ........................................................................................... 169
39. Warranty Obligations ................................................................................ 169
40. After sales service .................................................................................... 171
41. Training .................................................................................................. 172
42. Final Acceptance ...................................................................................... 173
BREACH AND TERMINATION OF THE CONTRACT..................................................... 173
43. Breach of Contract .................................................................................... 173
44. Termination of the Contract ....................................................................... 174
45. Force majeure .......................................................................................... 174
DISPUTE RESOLUTION ........................................................................................ 176
46. Dispute resolution .................................................................................... 176
ETHICS CLAUSES. .......................................................................................... 176
47. Ethics Clauses .......................................................................................... 176
48. Administrative Sanctions ........................................................................... 177
49. Checks and controls by the Polish Government ............................................. 177
SECTION 6
- 130 -
A.
CONTRACT AGREEMENT
INDEX
1. Scope ..................................................................................................... 132

2. Price ....................................................................................................... 132
3. Method of payment ................................................................................... 132
4. Entry into force ........................................................................................ 134
5. Execution Period ....................................................................................... 135
6. Order of prevalence of contractual documents .............................................. 135
7. Communications ....................................................................................... 135
SECTION 6
- 131 -
CONTRACT AGREEMENT
<The Contracting Authority must complete this form in accordance with the instructions
given. No alterations to this form or replacements will be accepted >
THIS AGREEMENT made between:
<MINISTRY OF AGRICULTURE, LIVESTOCK AND FISHERIES STATE DEPARTMENT OF
LIVESTOCK> (hereinafter referred to as the Contracting Authority)
And
<Official Name of Contractor> (hereinafter referred to as the Contractor)
The parties mutually acknowledge each other as having due jurisdiction and capacity,
respectively, to formally set down this Contract and to that effect:
STATE
I) Whereas the Government of Poland has made financial facilities available to the
Government of Kenya charged against the Tied Aid Fund for Modernization of
Agriculture using Polish entrepreneurs to finance the procurement of Meat cold
storage and Associated facilites in Kenya.
II) Whereas the Contracting Authority has convened a Bidding Process to contract the
Project and has accepted the Bid submitted by the Contractor to execute the said
Project in the amount of --------------<insert Contract price expressed in words and
figures>.
On the basis of the above, the persons here present agree to execute this Contract
pursuant to the following:
SECTION 6
- 132 -
ARTICLES
1. Scope
1.1. This contract includes the supply, delivery, installation, testing, commissioning
and handing over to the certification of the engineer and maintenance for a
period of twelve months, five (5 No.), Cold Storage Rooms for Meat and
associated facilities complete with associated accessories.
1.2. The terms and expressions of this Contract shall be interpreted in the same
sense as given in the General Conditions of Contract set out in to this Contract.
2. Price
2.1. The Contract price amount, to be financed with resources from the Tied Aid
credit, amounts to the sum of USD ______________________ [insert amount
in figures and words]
2.2. Said amount is deemed to be a fixed non-reviewable price.
2.3. This price breaks down as follows:
Total
COST CENTRE
USD
A.1 IMPORTED GOODS

(POLISH AND/OR THIRD
COUNTRY ORIGIN)
A.2 SERVICES (POLISH
AND/OR THIRD COUNTRY
ORIGIN)
B. LOCAL COST
TOTAL (A1+A2+B)
2.4. Contract Price list for Imported Goods (including Supply, Installation, Testing
and Commissioning), Services, Local Cost and Total Price List of the Contract of
each of them be included in Annex III of the Contract.
3. Method of payment
3.1. The method and conditions of payment to be made to the Contractor under
this Contract shall be as follows:
3.1.1 Advanced Payment
5 % (five per cent) of the Contract price, being the amount of <___________ (state amount in figures and words)> upon provision by the
Contractor to the Paying Bank of the following documents:
SECTION 6
- 133 -
One (1) original and two (2) copies of the commercial invoice;
One (1) original and one (1) copy of the Advance Payment Bank
Guarantee issued by a bank of renowned international repute in the
same amount and to be issued on a prorated basis according to
completion of Contract provisions and the acceptance documents
signed by the Contracting Authority in accordance with the
Advanced Payment Bank Guarantee Form provided in Annex I of
the Contract;
Two (2) copies of the Performance Security issued pursuant to

Article 17 (Performance Security) of the General Conditions of
Contract and a document with the acknowledgement of reception of
the Performance Security signed by the Contracting Authority.
3.1.2 Payment for Supply, Installation, Testing and Commissioning of

Cold Storage Rooms for Meat and Associated facilities Quantity
Five (5 No)
a. 45% (forty five per cent), of the value of Cold Storage Rooms for
Meat and Associated facilities as per Incoterms 2010 regulations,
being the amount <______ (state amount in figures and words)>,
by way of pro rata payments for partial deliveries upon submission
by the Contractor to the Paying Bank of the following complete set
of documents in respect of each delivery, comprising:
SECTION 6
1 (one) original and 2 (two) copies of the commercial invoice

referring to the Goods, quantity, unit price and total amount;
1 (one) original and 2 (two) non-negotiable copies of the Clean

on Board Bill of Lading stating Freight Prepaid or the
corresponding transport document (Air Way Bill, CFR, CMR, TIR
or delivery note). [If the Goods are containerised the wording
clean on board could be deleted];
1 (one) original and 2 (two) copies of the packing list referring

to the Goods and quantity;
1 (one) original and 2 (two) copies of the transport insurance

policy covering 110% of the value of the Goods pursuant to
Article 28 (Delivery, Transport and Insurance of Goods) of the
General Conditions of Contract;
1 (one) original and 2 (two) copies of the Official Certificate of

Origin issued by a Polish Chamber of Commerce. In the case of
Goods of third country origin, the Official Certificate of Origin
will be issued by an official authority;
1 (one) original and 2 (two) copies of the Prior Inspection

Certificate issued by an inspection company of renowned
international prestige pursuant to Article 30 (Inspection of
Goods prior to Dispatch) of the General Conditions of Contract;
1 (one) original and 2 (two) copies of the certificate of the

Manufacturer/Official Distributor or Contractor warranty of the
Goods for such shipment;
- 134 -
2 (two) copies of the shipment authorisation issued by the

Contracting Authority:
b. 45% (forty five per cent), of the value of Cold Storage Rooms for
Meat and Associated facilities as per Incoterms 2010 regulations
being the amount of <______ (state amount in figures and
words)> upon Installation, Testing and Commissioning . The
following documents should be provided by the contractor to the
paying bank:

signed and accepted by the Contracting Authority;
1 (one) original and 2 (two) copies of the practical completion

certificate signed and accepted by the Contracting Authority and
by the Contractor.
c. 5% (five per cent), of the value of Cold Storage Rooms for Meat
and Associated facilities as per Incoterms 2010 regulations being the
amount of <______ (state amount in figures and words)> upon
Installation, Testing and Commissioning. The following documents
should be provided by the contractor to the paying bank:

signed and accepted by the Contracting Authority;
1 (one) original and 2 (two) copies of the final acceptance

certificate signed and accepted by the Contracting Authority and
by the Contractor.
3.2. All payments to the Contractor will be carried out in accordance with Tied Aid
Credit agreement.
4. Entry into force
4.1. This Contract will enter in force on the date on which each and every one of the
following conditions have been met:
a. That the Contractor has submitted a Performance Security pursuant to
Article 17 (Performance Security) of the General Conditions of Contract.
b. That the Polish authorities have issued all the necessary administrative
permits, pursuant to applicable Polish law, permitting this Contract to be
validly entered into and executed.
c.
That the authorities of the Republic of Kenya have issued all the necessary
administrative permits, pursuant to applicable law in the Republic of Kenya,
permitting this Contract to be validly entered into and executed.
d. That the Tied aid agreement to finance the Contract Price has been entered
into by authorities with jurisdiction and come into force.
e. That the Contractor has received the advance payment referred to under
Article 3 of this Contract Agreement.
SECTION 6
- 135 -
4.2. Each party must do its best to meet the conditions referred to in the previous
Article 4.1 and from which they are responsible.
4.3. This Contract will be automatically terminated in the event that it does not give
rise to any payment over a period of 3 (three) years from the date of signature.
5. Execution Period
5.1. The Contract Execution Period is deemed to commence on the date of signature
of the Project Site handing over Certificate by representatives of the
Contracting Authority and the Contractor pursuant to Article 19 (Execution
Period / Project Site Handing Over Certificate) of the General Conditions of
Contract, without prejudice to any extensions to said time period which may be
agreed in accordance with the provisions of this Contract.
5.2. The maximum time period provided for execution of the Contract is 12 (twelve)
months plus the Warranty Period from the date of signature of the Project Site
handing over Certificate pursuant to the Performance Schedule agreed by the
Contracting Authority and the Contractor.
6. Order of prevalence of contractual documents
6.1. The following documents shall be deemed to form, be read and be interpreted
as forming an integral part of this Contract and shall have the following order of
prevalence:
a. This Contract Agreement.
b.
The General Conditions of Contract.
c. The Bidding Documents, any clarification and any addenda prior Bid
submission deadline and official records of the clarification meeting/site
visit (Annex II)
d. The Technical Proposal of the Successful Bidder (Annex III).
e. Budget breakdown of the Successful Bidder including Price List
for Imported Goods (including Cold Storage Rooms for Meat and
Associated facilities, Spare Parts,
Consumables and Special
Tools, as established in the definition of Goods), Services, Local
Cost and Total Price List of the Contract the following documents.
<add any other document>.
<THE SUCCESSFUL BIDDER MAY NOT IN ANY EVENT CHANGE THE ORDER
ESTABLISHED UNDER THIS ARTICLE>
6.2. Any addenda will prevail according to the order of prevalence of the amended
document.
6.3. The various different documents comprising the Contract are deemed selfexplanatory, in the case of ambiguity or variation, the order of prevalence set
out above will apply.
7. Communications
SECTION 6
- 136 -
7.1. Communications between the Contracting Authority and the Contractor will be
carried on in writing and in English language as established in the General
Conditions of Contract.
7.2. For that purpose, the parties provide the following business addresses and
details:
inistry of Agriculture, Livestock and
Fisheries
Address: P. O. Box 34188-00100
Nairobi, Kenya
Telephone: +254 020 2718870
<state
the
Contractor>
full
name
of
the
Address: <state address>

Telephone: <state telephone>
Fax: <state Fax>
Email: <state email>
In witness whereof the parties hereto have caused this agreement in two original copies,
one for the Contracting Authority and another for the Contractor.
Ministry of Agriculture, Livestock and
Fisheries
Name: <state the full name of the
person signing the Contract>
Acting as <state the legal status of
the person signing the Contract>
Signature:
Date: <state date of signing>
CONTRACTOR:
<state
the
Contractor>
full
name
of
the
Name: <state the full name of the

person signing the Contract>
Acting as <state the legal status of
the person signing the Contract>
Signature:
Date: <state date of signing>
In the presence of the appointed nominee of the Polish Embassy in the Republic of
Kenya, who signs this Contract acting as witness.
SECTION 6
- 137 -
B.
GENERAL CONDITIONS OF CONTRACT

INDEX
PRELIMINARY PROVISIONS .................................................................................. 139
1. Definitions............................................................................................................... 139
2. Applicable law and language ........................................................................... 142
3. Interpretation ........................................................................................................ 142
4. Communications................................................................................................... 143
5. Assignment and Sub-contracting .................................................................. 143
6. Joint Venture or Consortium ........................................................................... 144
7. Confidentiality ....................................................................................................... 144
8. Patents and Licences .......................................................................................... 144
SUBJECT AND SCOPE OF THE CONTRACT .............................................................. 145
9. General Contractor Obligations ...................................................................... 145

10. Obligations of the Contracting Authority ................................................ 146
11. Sufficiency of the Contract price ............................................................... 147
13. Clause of Origin ................................................................................................ 148
14. Insurances .......................................................................................................... 149
CONTRACT PRICE AND PAYMENT .......................................................................... 150
15. Price ...................................................................................................................... 150

16. Taxes and Duties ............................................................................................. 150
17. Performance Security ..................................................................................... 151
18. Entry into force ................................................................................................. 152
19. Execution Period / Project Site Handing Over Certificate ................ 152
20. Extension of Execution Period .................................................................... 152
21. Liquidated Damages ....................................................................................... 153
22. Amendments ..................................................................................................... 154
23. Suspension ......................................................................................................... 155
EXECUTION OF THE PROJECT ............................................................................... 156
24. Representatives ................................................................................................ 156

25. Performance Schedule ................................................................................... 157
26. Design .................................................................................................................. 158
27. Commencement of works............................................................................. 160
SECTION 6
- 138 -
28. Delivery, Transport and Insurance of Goods ........................................ 160

29. Care of the Cold Storage Rooms for Meat and Associated facilities
163
30. Inspection of Goods prior to Dispatch ..................................................... 163
31. Progress reports ............................................................................................... 164
32. Site Security ...................................................................................................... 164
33. Contractor Equipment .................................................................................... 164
34. Labour .................................................................................................................. 165
35. Clearance of the Cold Storage Rooms for Meat and Associated
facilities area ......................................................................................................... 165
36. Parallel Contracts ............................................................................................. 165
ACCEPTANCE AND WARRANTY ............................................................................. 166
37. Inspections and tests ..................................................................................... 166

38. Completion Tests ............................................................................................. 167
39. Handing Over .................................................................................................... 169
40. Warranty Obligations ..................................................................................... 169
41. After sales service ........................................................................................... 171
42. Training................................................................................................................ 172
43. Final Acceptance .............................................................................................. 173
BREACH AND TERMINATION OF THE CONTRACT..................................................... 173
44. Breach of Contract .......................................................................................... 173

45. Termination of the Contract ........................................................................ 174
46. Force majeure ................................................................................................... 174
DISPUTE RESOLUTION ........................................................................................ 176
47. Dispute resolution ........................................................................................... 176

ETHICS CLAUSES
176
48. Ethics Clauses ................................................................................................... 176

49. Administrative Sanctions .............................................................................. 177
50. Checks and controls by the Polish Government .................................. 177
SECTION 6
- 139 -
PRELIMINARY PROVISIONS
1. Definitions
Bid
A set of elements comprising the Bid signed by the

Contractor for execution of the Contract and any
other document that the Contractor submits with it
in the course of the Bidding Process convened by the
Contracting Authority to award the Project.
Tied aid credit
Agreement signed on September 22nd, 2015

between the Government of the Republic of Kenya
and the Government of the Republic of Poland.
Commissioning
Means satisfactory
Authoritys needs.
Completion Tests
Refers to tests, checks and other requirements

specified in the Contract and which the Contractor
must carry out as established in Article 38
(Completion Tests) of these General Conditions of
Contract, before the Contracting Authority will
proceed to the acceptance of the Project or of a part
thereof (as appropriate).
Contract
The contractual agreement entered into between the

Contracting Authority and the Contractor, together
with the Contract Documents referred to therein; all
of these together comprise the contract and the
term the Contract will be interpreted in this
manner across all documents.
Contracting Authority
The entity designated as such within the Contract,

including its legal successors.
Contracting Authority
or Technical
Requirements
Refers to the document setting out the Contracting

Authority minimum Technical Requirements for
achieving the purpose identified within the Contract.
Contractor
The person or persons whose Bid to execute the

Contract has been accepted by the Contracting
Authority, in receipt of non-objection by the Polish
Government and designated as such within the
Contract. The term includes legal successors or
authorised assignees of the Contracting Authority
SECTION 6
trial
run
for
Contracting
- 140 -
Contractor Equipment
Refers to all
equipment, machinery,
tools,
apparatus, devices and objects of all kinds necessary
to execute the Contract, not including Goods or
other objects forming part of or intended to form
part of the Project.
Day
Refers to a calendar day of the Gregorian calendar.
Design
Refers to all documents necessary in order to

define/design and properly execute the Contract and
to be submitted by the Contractor for approval to
Contracting Authority pursuant to the provisions set
down in Article 26 (Design) of these General
Execution Period
Refers to the period of time required for the

execution of the Project according to the provisions
set down in Article 5 (Execution Period) of the
Contract Agreement.
Final Acceptance
Certificate
Certificate issued according to the provisions set

down in Article 43 (Final Acceptance) of these
General Conditions of Contract.
Goods
Refers to all products, apparatuses, raw materials,

articles, machinery and equipment, spare parts,
consumables, special tools, manuals, relevant
drawings, documentation and handbooks and other
materials, but does not include Contractor
Equipment, to be provided by Contractor to the
Contracting Authority by virtue of the Contract.
Goods Delivery Certificate

down in Article 28 (Delivery, Transport and
Insurance of Goods) of these General Conditions of
Contract.
ICC
International Chamber of Commerce.
Incoterms
International Commercial Terms published by ICC
Installation
Means the erection and/or setting up of the

equipment to the right place as required by the
Contracting Authority.
ILS
International Labour Standards.
SECTION 6
- 141 -
ITC
Inspection, Testing and Commissioning of the plant

and equipment including parts and consumables
required for the equipment start-up provision.
Plant
The end result of a set of provisions to be carried out

by the Contractor (supply of Goods, provision of
Services, carrying out Works)
Tied Aid Credit/ Financing

Agreement
Refers to the Tied Aid Credit entered into between

the Government of the Republic of Kenya and The
Government of the Republic of Poland
Notice of Award
Formal letter of acceptance of Bid signed by the

Contracting
Authority
including
annexes
or
agreements entered into and signed by both parties.
OECD
Organisation for
Development.
Party
Contracting Authority or Contractor according to the

context.
Paying Bank
Refers to the bank designated by the Contractor

charged with making payments due to the
Contractor against submission of the payment
documents specified in this Contract.
Performance Schedule
Shall have the meaning given in Article 25

(Performance Schedule) of these General Conditions
of Contract.
Project
Supply, Installation, Testing and Commissioning Of

five (5 No.) Cold Storage Rooms for Meat and
Associated facilities
Project Site
Refers to the locations where the Cold Storage

Rooms for Meat and Associated facilities will be
delivered, the Works carried out and the Services
provided.
Site handing over

Certificate

down in Article 19 (Execution Period / Project Site
Availability Certificate) of these General Conditions
of Contract.
SECTION 6
Economic
Co-operation
and
- 142 -
Practical Completion

down in Article 39 (Handing Over) of these General
Services
Refers to the related services, such as, ITC and all

those required for the correct implementation of the
Goods and special services, such as, training,
Design, maintenance, warranty and after-sales
service, to be performed by the Contractor in
accordance with the provisions of the Contract.
Technical
Proposal/Technical
Specifications
Refers to the document setting out a specific

technical detail of the Goods, Services and Works
included in the Bid of the Successful Bidder and
making it possible to ascertain whether Technical
Requirements have been met.
Warranty Period
Refers to the period established in Article 40

(Warranty Obligations) of these General Conditions
of Contract.
Works
Refers to all installations, builders and other

associated works deemed necessary to be provided
by the Contractor pursuant to the Contract.
2. Applicable law and language

2.1. The Contract will be governed and interpreted pursuant to the laws of the
Republic of Kenya.
2.2. The Contract, together with all correspondence and documents regarding the
Contract and exchanged between the Contractor and the Contracting Authority
must be written in English Language.
Supporting documents and printed materials forming part of the Contract may be
submitted in a different language as long as said documents have an attached faithful
translation of the relevant sections to the English Language and, in that event, the
translation shall prevail for the purposes of interpretation of the Contract.
3. Interpretation
3.1. Whenever the context permits, plural terms are also deemed to refer to the
singular and vice versa; equally, masculine references are deemed to include
the feminine and vice versa.
3.2. The meanings of commercial terms and also of the rights and obligations of the
parties shall be as established under Incoterms, published by the ICC, 2010
edition, unless there is a discrepancy with any provision of the Contract.
SECTION 6
- 143 -
3.3. No modification or other variation to the Contract will be deemed valid unless it
is set down in writing, dated and refers expressly to the Contract, signed by a
duly authorised representative of each of the parties.
3.4. In the event that any provision or condition of the Contract is prohibited, void or
unenforceable, then that prohibition, nullity or lack of enforceability shall not
affect the validity or fulfilment of the remaining Contract provisions or
conditions, as long as the main provision is not altered nor the balance of
provisions affected in any extraordinary manner.
4. Communications
4.1. Communications between the Contracting Authority and the Contractor may
only take place in writing. Any communications between the Contracting
Authority and the Contractor must be sent by post, telegram, fax, e-mail or be
delivered by hand to the appropriate addresses provided by Parties for that
purpose.
4.2. If the sender requires an acknowledgement of receipt, this must be stated in
the communication and the sender must further request the acknowledgement
if a deadline exists for receipt of the communication. At all events, the sender
must take such steps as necessary to guarantee the communication is received.
4.3. Whenever the Contract provides, on the part of either Party, for a notice,
agreement, approval, authorisation, certificate or decision then these must be
set down in writing, unless otherwise provided, and the terms notify, agree,
approve, authorise, certify or decide shall have an identical effect. Such
agreement, approval, authorisation, certificate or decision may neither be
denied nor delayed unreasonably.
5. Assignment and Sub-contracting

5.1. Assignment
5.1.1 Assignment will only be deemed valid when set down as a written
agreement by means of which the Contractor transfers the Contract or
its corresponding part thereof to a third party.
5.1.2 Authorisation on the part of the Contracting Authority of an assignment
shall not exonerate the Contractor from its obligations with regard to
any part of the Contract already executed or not assigned.
5.1.3 In the event that the Contractor assigns its Contract without
authorisation, other than in the scenarios provided for under Article
5.1.2 the Contracting Authority shall be entitled, without any
requirement for official notification, to apply sanctions for breach as
provided under this Contract.
5.1.4 The beneficiaries of an assignment must meet applicable eligibility and
solvency criteria for Contract Award.
5.1.5 Any assignment agreement approved by the Contracting Authority must
in turn have the prior approval of Polish Government.
Sub-contracting
SECTION 6
- 144 -
5.1.6 Subcontracting shall only be deemed valid when set down in a written
contract in which the Contractor entrusts third parties with execution of
part of its Contract.
5.1.7 The Contractor may not subcontract any part of the Project without the
prior written authorisation from the Contracting Authorities. If
subcontracting was referred to within the Bid, then any changes thereto
shall require the prior authorisation of the Polish Government.
5.1.8 Sub-contractors must meet eligibility criteria applicable to the award of
the Contract pursuant to Clause 4.3 of the Instructions to Bidders.
5.1.9 The Contractor will be deemed liable for any actions, breaches or
negligence on the part of its subcontractors, their agents or employees,
as if these had been actions, breaches or negligence on the part of the
Contractor, its agents or its employees. In the event that the
Contracting Authority has approved the subcontracting of any part of
the Contract or the subcontractor, this shall not exonerate the
Contractor from any of its contractual obligations.
5.1.10 In the event that the subcontractor has entered into obligations with the
Contractor which will continue beyond the Warranty Period established
within the Contract, with regard to the provisions and works carried out
by the subcontractor, then the Contractor, at the request and at the
expense of the Contracting Authority shall, immediately and at any
given time, assign the benefit of such obligations after the Warranty
Period has expired to the Contracting Authority with regard to the
period remaining in force.
6. Joint Venture or Consortium

6.1.
If the Contractor is a Joint Venture or Consortium constituted by two or

more entities, then the said entities are deemed jointly liable for compliance
with the Contract terms and shall appoint one of said entities as the leader
empowered to oblige the Joint Venture or Consortium. No modification may
be made to the Joint Venture or Consortium without the prior consent in
writing of the Contracting Authority.
7. Confidentiality
7.1.
The Contractor must treat all information and documents received in relation
to this Contract as private and confidential and shall not, other than to the
extent as may be necessary to ensure it is executed, either publish or
disclose any detail thereof without the prior consent in writing of the
Contracting Authority. If any dispute arises as to need, for the purposes of
the Contract, to publish or disclose information, then the final authority shall
be on the Contracting Authority.
8. Patents and Licences

8.1.
SECTION 6
The Contractor must compensate the Contracting Authority for any claim
arising out of the use, pursuant to the provisions of the Contract, of patents,
licences, drawings, designs, models, trademarks or registered signs, unless
the infringement came about by adherence to the Technical Requirements of
the Contracting Authority.
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SUBJECT AND SCOPE OF THE CONTRACT
9.
General Contractor Obligations

9.1.
The Contractor must Supply, Install, Test and Commission Cold Storage
Rooms for Meat and Associated facilities, including all associated
accessories and Consumables for start-up, in order to execute the Project
pursuant to the provisions set out in the Contract, finish it and correct any
possible defects of that design with due care and diligence and strictly
complying with the provisions set down in the Contract. After completion,
the Project must be suitable for the intended purposes as defined in the
Contract.
9.2.
The Contractor shall direct execution of the provisions subject of the

Contract and shall provide such personnel, materials, installation, equipment
and other elements, whether provisional or permanent, as required by the
Design, by execution and completion of the Project, and also to remedy any
possible defects to the extent specified in the Contract or which may be
logically assumed in that regard.
9.3.
The Project must include all works as necessary to meet the Technical
Requirements, the Technical Proposal or any other work implicit in the
Contract, as well as any necessary to ensure adequate stability, termination,
security and operation of the Project.
9.4.
The Contractor accepts full liability with regard to compatibility, stability and
security of all operations and methods provided for in the Contract.
9.5.
The Contractor must provide a service address or an address in Kenya and

must notify the Contracting Authority of said service address. If the
Contractor fails to comply with this obligation within a period of 2 (two)
months calculated from the date of entry into force of the Contract, then all
notices regarding the Contract sent to the address set out under Article 7
(Communications) of the Contract Agreement will be deemed invalid.
9.6.
The Contractor must draw up and submit to the Contracting Authority, for its
approval, a Contract Performance Schedule, pursuant to the provisions set
out under Article 25 (Performance Schedule) of these General Conditions of
Contract.
9.7.
The Contractor must respect and adhere to the legislation and regulations in
force in the country of the Contracting Authority and must ensure that its
personnel, persons dependent on the Contractor and its local employees also
respect and adhere to said legislation and regulations. The Contractor must
compensate the Contracting Authority for any claims or legal actions arising
out of any breach of said legislation and regulations on the part of the
Contractor, its employees or anyone dependent upon them.
9.8.
The Contractor must adhere to the ILO (International Labour Standards),

specified under agreements relating to freedom of association and collective
bargaining, the elimination of forced or compulsory labour, the elimination of
discrimination in employment and professional matters and the abolition of
child labour.
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9.9.
In the event that the Contractor or any of its subcontractors, members of

staff or employees were to offer, agree to offer or give any person a bribe,
presents, bonus or commission as incentive or recompense for acts or
omissions in relation to the Contract or to any other contract entered into
with the Contracting Authority, as recognition for having shown favourable
or discriminatory behaviour with regard to any person in relation to the
Contract or to any other contract entered into with the Contracting
Authority, then the latter may, without prejudice to the contractual rights of
the Contractor, terminate the Contract as established under the appropriate
provisions of this Contract.
10. Obligations of the Contracting Authority

10.1. The Contracting Authority shall obtain and give legal and physical possession
of the Project Site and access thereto, as well as to provide possession and
access to all other locations as may be reasonably necessary in order to
adequately execute the Contract, including all easements. The Contracting
Authority shall sign the Project Site Handing Over Certificate pursuant to
Article 19 (Execution Period / Site handing Over Certificate) of these General
10.2. The Contracting Authority shall hand over the Project Site to the Contractor
under the terms of paragraph 10.1 of this Article and making utility
connections and provisional and permanent water, telephone, gas, sewerage
in general, electricity and any other utility as necessary available on Project
Site, as established under the Technical Requirements and Technical
Proposal to cover construction requirements and also for assembly,
installation and operation of the Project.
10.3. The Contracting Authority shall obtain any import licence or other official
permits within 10 (ten) days of the arrival of the Goods, bearing in mind the
Performance Schedule, and at its own risk and expense, and also to carry
out official procedures with Customs Authorities for import the Goods
required to execute the Contract in the Republic of Kenya. The Contractor
shall, for that purpose, provide the Contracting Authority sufficiently in
advance with details of the Goods concerned.
10.4. The Contracting Authority shall obtain and pay for all permits, approvals
and/or licences from all local, regional or national government authorities or
from public service companies as necessary in order to execute the Project.
10.5.
The Contracting Authority shall cooperate with the Contractor in obtaining

resident and work permits, as well as any other necessary documents which
must be issued by the authorities of the Republic of Kenya to permit foreign
Contractor personnel to remain and to work in the Republic of Kenya.
10.6. The Contracting Authority must provide sufficient numbers of duly qualified
operation and maintenance personnel and must carry out all works and
services of any kind, including those required by the Contractor in order to
properly carry out inspections and trials prior to start-up, within the time
period specified in the Performance Schedule and in the manner set out
therein or in any other way agreed between the Contracting Authority and
the Contractor.
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10.7. The Contracting Authority shall receive the Cold Storage Rooms for Meat and
Associated facilities as per Incoterms 2010 and to sign off the Goods
Delivery Certificate according to Article 28 (Delivery, Transport and
Insurance of Goods) of these General Conditions of Contract.
10.8. The Contracting Authority shall issue the practical completion of the Project
subject of this Contract, undertaking to attend tests and provisional
acceptance acts convened, and to sign off the Handing Over Certificate
according to Article 39 (Handing Over) of these General Conditions of
Contract.
10.9. The Contracting Authority shall issue the final acceptance of the Project
within a maximum period of 12 (twelve) months, calculated from the date
the Handing Over Certificate is issued, undertaking to attend final
acceptance acts convened and to sign off the Final Acceptance Certificate
according to Article 43 (Final Acceptance) of these General Conditions of
Contract.
11. Sufficiency of the Contract price

11.1. The Contractor is presumed to have inspected and personally studied the
Project Proposal and all the conditions associated and ascertained the
requirements, also to have taken into account the form and characteristics
of the Project, the scope and nature of the provisions set out in the
Contract, the materials necessary for execution, the means of
communication, accommodation facilities and access thereto, as well as any
other facilities that the Contractor may require and, in general, all
information as necessary with regard to risks, contingencies and any other
circumstances which may affect or condition the Bid.
11.2. The Contractor is expected to have ensured that the Bid submitted is correct
and sufficient and that it covers all the Contractor contractual obligations,
prior to submitting the Bid.
11.3. Given that the Contractor is understood to have calculated the prices offered
on the basis of its own calculations, operations and estimates, the
Contractor must therefore execute all of the tasks allocated to any item of
the Bid without surcharge.
12. Unforeseeable physical conditions

12.1. Throughout this Article, the term physical conditions is deemed to refer to
any natural or artificial physical conditions or any other physical impediment
or constraints that the Contractor may find on the Project Site when
executing the Contract, including social and geological conditions but
excluding weather conditions.
12.2. If the Contractor finds that adverse physical conditions exist that it deems
were unforeseeable, the Contractor must notify the Contracting Authority as
soon as possible. The notice must set out the physical conditions involved, in
order for the Contracting Authority to be able to inspect said conditions, and
must give reasons as to why the Contractor deems the conditions to have
been unforeseeable. The Contractor must continue to execute the Contract
taking measures suited to the particular physical conditions, and must
adhere to any order duly issued by the Contracting Authority.
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12.3. .To the extent that the Contracting Authority considers all or part of the
aforesaid artificial impediments or physical conditions to comprise
unforeseeable circumstances for an experienced Contractor, the Contractor
shall be entitled to:
i) an extension to deadline with regard to any such delays, as established
in Article 20 (Extension of Execution Period) of these General Conditions;
or
ii) Propose amendment of the Contract.
12.4. After having received the aforesaid notice and having inspected or
researched the physical conditions, the Contracting Authority shall then,
having previously notified Polish Government, decide to what extent the
physical conditions concerned were in fact unforeseeable and whether the
matters described under above Articles 12.1, 12.2 and 12.3 may have had
anything to do with the unforeseeable nature of it.
12.5. Any amendment or modification of the Contract by virtue of this Article must
have the prior approval of The Polish Government, pursuant to Article 22
(Amendments) of these General Conditions of Contract.
12.6. Tied Aid Fund may not be used to finance any extra costs arising out of the
amendments carried out by virtue of this Contract.
13. Clause of Origin

13.1. The Installation, Testing and commissioning of Cold Storage Rooms for Meat
and Associated facilities subject of this Contract must be as provided for
under the Tied Aid Credit Agreement entered into between the Polish
Government and the Government of the Republic of Kenya.
13.2. The origin of Goods and Services subject of the Contract and to be financed
by the Government of Poland must adhere to the provisions set down within
the Tied Aid Credit as well as those set down in the General Agreement
regarding guidelines for export credit matters officially approved by the
OECD.
13.3. The aforesaid Tied Aid Credit establishes that the amounts of local cost and
third countries component of Goods and Services shall not exceed 40%
(forty per cent) of the total value of the exported Goods and Services.
13.4. According to the Tied Aid Credit Agreement the local cost is defined as the
part of the commercial contract relative to the disbursements for payment of
the goods and services supplied by local companies in the Republic of Kenya
under the surveillance of the contractor and conducive to the
implementation of the commercial contract and the local company means
a company which is duly registered in Kenya under the Companies Act
wholly owned and controlled by persons who are citizens of Kenya and
whose operation is based in Kenya.
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13.5. To show the origin of the Goods, the Contractor must submit an original
certificate of origin (from Polish Chamber of Commerce if the certificate is
obtained in Poland) of the Goods at the time of shipment. Failure to comply
with this obligation will imply termination of the Contract. The Contracting
Authority of the Government of the Republic of Kenya, or its designated
representative, may require more detailed information from the Contractor
about compliance in this regard.
13.6. The origin of Goods will be ascertained pursuant to Community Customs
Code (European Community Council (ECC) Regulation No 2913/92) and
other implementation regulations (European Commission (EC) Regulation is
No 2454/93).
13.7. For Purposes of this Article "origin" of the Goods or Services must be
determined according to the nationality of the provider of the Goods and
Services.
14. Insurances
14.1. The Contractor must take out and keep in force at its own expense,
throughout the Execution Period of the Contract, insurances established as
follows:
a.
Insurance of Goods during transportation

To cover any loss or damage incurred to the Goods (including spare
parts repositions) during transportation from Contractor or subcontractor workshops or warehouses to the Project Site. The insurance
must at least cover the price set out within the Contract plus ten per
cent (i.e. 110%) and must be agreed in the Contract currency.
b.
Construction and Assembly All Risk Insurance

The Contractor must take out a combined Construction and Assembly All
Risk insurance policy to cover any damage that may occur to the Works,
Goods, provisional installations and materials, from commencement of
the Works or arrival of the Goods to the Project Site until Final
Acceptance of the Project.
The Contractor must insure the Works, Goods, provisional installations
and materials for a sum amounting to not less than the complete cost of
reconstruction, including demolition costs, removal of debris and
professional fees and expenses.
c.
Contractor Equipment Insurance

Sufficient insurance cover to replace any equipment and other objects
brought in by the Contractor to carry out the Works on all Project Site.
14.2. The Contractor must take out insurance to cover its liability with regard to
accidents at work arising in performance of the Contract and public liability
with regard to persons employed by the Contractor, by the Contracting
Authority and by the employees of said authority at the works. Insurance
cover with regard to personal injury must be unlimited.
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14.3. The Contractor must take out a Risk and Public Liability insurance to cover
third-party damages for acts or omissions on the part of the Contractor or of
another for whom the Contractor is responsible, their executors or
representatives. The Contractor must furthermore ensure that all its
subcontractors take out similar insurance.
14.4. All the insurances referred to in this Article must be taken out at the time of
issuance of the Site handing over Certificate. The insurances must be
effective from the date the Contract comes into force and continue in force
up until the Final Acceptance Certificate is issued. The Contractor must
submit the insurance policy to the Contracting Authority and provide
evidence of being up-to-date with payments of premiums whenever required
to do so by the Contracting Authority.
14.5. Without prejudice to Contractor obligations with regard to insurance as
provided for under this Article, the Contractor shall be the only party
responsible and shall compensate the Contracting Authority with regard to
any third party claim for material or personal damages as arising out of
performance of the Contract by the Contractor, its subcontractors or its
employees.
CONTRACT PRICE AND PAYMENT
15. Price
15.1. The Contract price will be as specified under Article 2 (Price) of the Contract
Agreement.
15.2. The Contract price is deemed to be a fixed non-reviewable price.
15.3. The Contractor is deemed to have accepted the Contract price as correct and
sufficient and, unless otherwise provided in the Contract, the price must
cover all the Contractor contractual obligations.
16. Taxes and Duties

16.1. Financial facilities of the Tied Aid Agreement may not in any event be used
for payment of taxes, customs fees, rights, encumbrances or charges
related with the importation of the Goods and Services subject of the
Contract in the Republic of Kenya.
16.2. The Contractor is deemed liable for and must pay all taxes, rights, fees,
stamps, encumbrances and charges imposed by local or national
government authorities with regard to the Goods and Services outside the
Republic of Kenya.
16.3. The Contractor must obtain at his own risk and expense any export license
and other official authorization or other documents and carry out, where
applicable, all customs formalities necessary for the export for the Goods
and for their transit outside of the Republic of Kenya.
16.4. The Contracting Authority shall bear to be liable and promptly pay all
customs and import duties as well as other local taxes, duties, levies and
charges imposed to the Goods, Services and Works due to the application of
the laws of the Republic of Kenya.
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16.5. If the Contractor is entitled to any exemption or reduction in taxation or any

other tax privilege in the destination country for the Goods and Services,
then the Contracting Authority to the obliged to ensure that the Contractor
benefit from such tax savings.
17. Performance Security

17.1. Upon signature of the contract Agreement the Contracting Authority will
notify the Contractor the obligation of furnishing the Performance Security
that will replace the Bid Security. Within 30 (thirty) days of the receipt of
this notification from the Contracting Authority, the Contractor shall furnish
the Performance Security for the performance of the Contract, in the amount
of 10% (ten per cent) of the Contract price.
17.2. The Performance Security will be used to pay the Contracting Authority for
any damages arising out of Contractor negligence with regard to full and
proper compliance with its contractual obligations.
17.3. The Performance Security must be set out according to the Performance
Security Form included in Annex I of the Contract.
17.4. The Performance Security must be established in the same currency as the
Contract (USD).
17.5. The Contractor will not be paid any amounts until such time as the aforesaid
Performance Security has been set up. The Performance Security shall
remain in force up until the Contract has been fully executed.
17.6. In the event that during performance of the Contract the individual or legal
entity providing the Performance Security is not able to meet its
commitments, then the Contracting Authority will officially inform the
Contractor that the latter must provide evidence of the new Performance
Security under the same conditions as the previous Performance Security. If
the Contractor fails to provide evidence of a new Performance Security, the
Contracting Authority shall be entitled to terminate the Contract.
17.7. The Contracting Authority will require the Performance Security to come into
effect and pay all amounts for which the guarantor is liable concerning
breach of contractual obligations by the Contractor, pursuant to the terms of
the Performance Security and up to the total amount thereof. The guarantor
must pay such amounts without delay against first call in writing, with an
attached written declaration stating that the Contractor is in breach of its
obligations under the Contract, without argument or wilful objection, without
any requirement to prove or to provide evidence of grounds or reasons for
the claim or the amount specified therein.
17.8. Prior to calling on the Performance Security the Contracting Authority must
forward a notice to the Contractor explaining the nature of the breach on
which the claim is based.
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17.9. The Performance Security will be released after a period of 28 (twenty eight)
days after the date of issue of the Practical Completion Certificate of the
Project. In the case the Contractor may request a Practical Completion
Certificate for each Cold Storage Rooms for Meat and Associated facilities,
the Performance Security will be released after a period of 28 (twenty eight)
days after the date of issuing the Practical Completion Certificate of the last
Cold Storage Rooms for Meat and Associated facilities.
18. Entry into force

18.1. This Contract will come into force on the date that each and every one of the
conditions included under Article 4 (Entry into force) of the Contract
Agreement has been met.
18.2. Each Party must do its best to comply with the conditions set out in the
paragraph above for which they are deemed liable.
19. Execution Period / Project Site Handing Over Certificate

19.1. The Contract Execution Period is deemed to commence on the date of the
issuance of the Project Site Handing over Certificate pursuant to Article 5
(Execution Period) of the Contract Agreement, without prejudice to any
extensions to said time period that may be granted pursuant to the
provisions of this Contract.
19.2. The Project Site Handing over Certificate shall be signed by representatives
of the Contracting Authority and the Contractor once the Project Site is
available for commencing the Works.
19.3. The Contractor, prior to the signature of the Project Site Handing over
Certificate, may visit the Project Site in order to be assured that the
Contracting Authority has duly fulfilled its Contract obligations pursuant to
Articles 10.1 and 10.2 of the General Conditions of Contract. By signing the
Project Site Handing over Certificate, the Contractor assumes that the
Project Site is ready to commence to deliver the materials, maintain and
execute the Works.
20. Extension of Execution Period

20.1. The Contractor may request an extension of the Contract Execution Period in
the event of a recorded or expected delay in termination of Contract on any
of the following grounds:
SECTION 6
a.
unusual meteorological conditions in the Contracting Authority country;
b.
artificial impediments or physical conditions unforeseeable by an

experienced Contractor;
c.
instructions from the Contracting Authority which affects the completion

date and not arising from any breach on the part of the Contractor;
d.
Breach on the part of the Contracting Authority of its contractual

obligations;
e.
any suspension of Works not due to any breach on the part of the
Contractor;
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f.
force majeure;
g.
any other grounds for delay referred to in the Contract and not due to
any breach on the part of the Contractor.
20.2. Any request on the part of the Contractor to extend the Execution Period
must be for a just and reasonable period in all circumstances and must fairly
reflect the delay or impediment suffered by the Contractor.
20.3. The Contractor shall be entitled to an extension of the Execution Period in
any event not attributable to the Contractor which implies a delay or
impediment for the Contractor to comply with the Execution Period initially
established.
20.4. Unless otherwise specifically provided in Contract, the Contractor must
submit a notice of application to extend the Execution Period to the
Contracting Authority, together with details of the event or circumstance
justifying the particular extension as soon as reasonably possible after the
event or circumstance concerned commenced. The Contracting Authority
and the Contractor will agree the duration of the extension as soon as
reasonably possible after the aforesaid notice and details supporting the
application have been received.
20.5. The Contractor shall make reasonable efforts at all times to keep any delay
in compliance with its obligations pursuant to the Contract to a minimum.
20.6. Any extension of the Execution Period agreed by the Contracting Authority
must be approved in advance by the Government of Poland, according to the
procedure established in Article 22 of these General Conditions of Contract.
21. Liquidated Damages

21.1. In the event that the Contractor fails to complete the Project within the time
period specified in the Contract, or fails to hand over the Project in
operational conditions pursuant to the Performance Schedule agreed, then
the Contracting Authority shall be entitled, without any requirement to
provide official notice and without prejudice to any other compensation
stipulated in the Contract, to claim penalties with regard to each month that
elapses between termination of the stipulated period or the extended period
and the effective completion date, equivalent to 0.2% (two per thousand) of
the value of the not delivered Cold Storage Rooms for Meat and Associated
facilities, not provided Services or not executed Works and up to a
maximum of 10% (ten per cent) of the total value of the Contract.
21.2.
If each of the Cold Storage Rooms for Meat and Associated facilities was
subject of a partial handing over, then the stipulated compensation may be
reduced in the proportion represented by the value of the accepted part
with regard to the total Contract value.
21.3. In the event that failure to comply with handover of part of the delivery of
the Goods, provision of the Services or execution of Works prevents the
Project from being used in a normal manner, then the stipulated
compensation will be calculated on the basis of the total Contract value.
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21.4. If the Contracting Authority is entitled to claim up to 10% (ten per cent) of
the Contract price, then it may, having provided written notice to the
Contractor:
a.
Seize the Performance Security; and
b.
terminate the Contract, and in that event the Contractor shall not be
entitled to claim any compensation whatsoever;
21.5. In the event that the Contractor fails to complete the Project within the time
period specified in the Contract, or fails to handover the Project in
operational conditions pursuant to the Performance Schedule agreed, due to
an event of Force Majeure as defined in article 46 (Force Majeure), the
Contracting Authority shall not be entitled to claim any penalties or request
any compensation to the Contractor for the damages incurred under the
provisions of this clause.
22. Amendments
22.1. The Contracting Authority may order any changes to the scope of the
Contract as necessary for the good outcome and operation thereof, as long
as there is no variation to the total Contract price as a result of the
particular change.
22.2. Prior to issuing any instruction to carry out a change, the Contracting
Authority must notify the Contractor of the nature and manner of the
change. The Contractor must, as soon as possible after having received the
notice, submit a proposal to the Contracting Authority setting out:
a.
a description of the tasks to be carried out, as the case may be, or the
measures that must be taken, financially and time related, together
with a Performance Schedule;
b.
all necessary modifications to the Performance Schedule or to any

obligations incumbent upon Contract by virtue of the Contract;
22.3. The Contracting Authority must, after having duly received the proposal
from Contractor as referred to under the Article 22.2 above, decide as soon
as possible whether the modification should be implemented or not.
22.4. Any change or modification of the Contract must be set down in writing in
the form of an Addendum and must be approved in advance by the Polish
Government, duly attached to this Contract is deemed to form part thereof
to all effects.
22.5. The financial resources of the Tied Aid Credit may not be used to finance any
extra costs arising out of modifications carried out by the Contracting
Authority.
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23. Suspension
23.1.
If the Contracting Authority so requires, the Contractor must suspend
execution of all or part of the Contract for the time period and in the manner
deemed necessary by the Contracting Authority. The Contractor shall,
throughout the suspension period, take all such measures as necessary in order
to protect the Goods or the part of the Cold Storage Rooms for Meat and
Associated facilities already executed, and also the Project Site, against
deterioration, loss or damage. Any suspension of the Contract must be
approved in advance by the Polish Government.
23.2. Any additional costs caused by such protective measures will being incurred
as payable by the Contracting Authority unless the suspension:
a.
is governed in another manner within the Contract; or
b.
is necessary as due to breach on the part of the Contractor; or
c.
is necessary due to normal weather conditions at the Project Site; or
d.
has become necessary for reasons of security or in order for the

Contract to be correctly executed, as long as the necessity did not arise
out of any act or breach on the part of the Contracting Authority nor out
of any unforeseeable physical conditions as provided for under Article
12 (Unforeseeable Physical Conditions) of these General Condition of
Contract
23.3. The Contractor will not be entitled to reimbursement of any costs unless it
has duly notified the Contracting Authority of its intention to claim such
costs within a period of 30 (thirty) days from the date on which the order to
suspend execution of the Contract was received. The Contracting Authority
must decide the amount payable for such costs and/or the duration of the
extension of Execution Period that it considers fair and reasonable to grant
the Contractor when considering the claim.
23.4. If the suspension period exceeds 180 (one hundred and eighty) days and as
long as the suspension is not due to any breach on the part of the
Contractor, then the latter, by providing notice to the Contracting Authority,
may request permission to restart the Contract execution or to terminate it
within a period of 30 (thirty) days.
23.5. Financial resources from the Tied Aid Credit may not be used to finance any
extra costs arising out of such suspensions carried out by the Contracting
Authority and not the fault of the Contractor.
23.6. If any errors or material irregularities or fraud come to light during the
award procedure, upon entering into or executing the Contract, then the
Contracting Authority may suspend execution of the Contract concerned.
The purpose of such suspension of Contract is to ascertain the truth extent
of such errors or material irregularities or alleged frauds. In the event that
these are not confirmed, then execution of Contract will re-commence
following verification.
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EXECUTION OF THE PROJECT
24. Representatives
24.1. The Contractor may designate a qualified professional as a Project Manager
having the qualifications and experiences specified in the Technical Proposal.
24.2.
The Project Manager is answerable to the Contracting Authority for correctly

carrying out the activities that comprise the scope of this Contract and
undertakes to keep the latter promptly informed with regard to his
management. The Project Manager will be assisted by a Technical Director in
the Republic of Kenya. If the Technical Director is not designated in the
Contract then the Contractor must appoint the Technical Director within a
time period of 14 (fourteen) days from the date on which the Contract
comes into force, and advise the name in writing to the Contracting
Authority.
24.2.1 In the event that it becomes necessary to replace the Project
Manager or the Technical Director, the new substitute must have at
least equivalent qualifications and experience and the Contractor
must have obtained prior consent from the Contracting Authority.
24.3. The Contracting Authority must designate a professional with suitable

experience for the obligations taken on as Project Manager for the
Contracting Authority and to follow through with regard to this Contract.
24.4. As representative, his legal powers will be as arising out of the Contract and
no further limitations shall exist other than as defined within the Contract
overall.
24.5. The Contracting Authority may replace its representative duly informing the
Contractor in writing.
24.6. A joint Committee will be set up to coordinate and control compliance with
this Contract, having the following characteristics:
24.6.1 The Committee will be constituted by the following 4 (four)
members:
a. For the Contractor: the Project Manager assisted by the
Technical Director;
b. For the Contracting Authority: the Project Manager assisted by
Technical Assistant.
24.6.2 The purpose of the Committee will be to follow through the
execution of the Contract.
24.6.3 The Committee will meet as often as agreed by the members, and,
at all events, once a month, chaired by one of the two Contracting
Authority representatives. The call to convene must state the date
and location for the meeting and be drawn up by the Contractor
Project Manager, who must also prepare the agenda for each
session to cover matters that may require the representatives of the
Contracting Authority. All such documents must be forwarded by fax
or e-mail at least 8 (eight) days prior to the planned meeting date.
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24.6.4 The Committee members may be represented by a proxy agreed in

writing by whomsoever they deem appropriate. Decisions must be
unanimous and a quorum shall exist whenever at least one
representative from each party is present. If no unanimous decision
is reached within a period of 15 (fifteen) days, then the highest
authority for each party may delegate an executive of the party as
appropriate and said executives shall meet and take decisions as
they deem appropriate, bearing in mind the inherent circumstances
in any given instance.
24.6.5 A person designated by Committee will be responsible for taking
minutes of matters dealt with at the meetings, providing a copy
thereof to all the Committee members. The minutes must be
approved and signed by everyone present.
24.6.6 Decisions taken by the Committee shall not release the Contractor
or the Contracting Authority from any of their contractual
obligations.
24.7. The Contractor will provide the Contracting Authority with all manner of
facilities to carry out regular controls of all kinds, inspections, checks,
document reviews, examinations and tests with regard to contracted Goods,
Services and Works and also to inspect the Contractor activities at any
stage, allowing and facilitating access to its installations and locations where
the Contractor carries on its business activities at all times.
25. Performance Schedule

25.1. The Contractor must draw up and submit a Contract Performance Schedule
to the Contracting Authority or its representative for approval within a
maximum period of 30 (thirty) days after the Contract comes into force. The
Schedule must match the Execution Period and other Contract compliance
targets as set out on the Performance Schedule submitted as part of the
Contractor Bid. The schedule must comprise at least:
a.
the order in which the Contractor proposes to carry out the Project;
b.
deadlines for submission and approval of the Plans and Layouts;
c.
a general description of the methods and resources the Contractor

proposes to use in order to execute the Contract; and
d.
any other data or information that the Contracting Authority may

reasonably request.
25.2. Unless the Contracting Authority informs the Contractor within 7 (seven)
days of receipt of the Performance Schedule, as to which schedule items are
not in compliance with the Contract, then the Contractor must work in
accordance with the schedule provided and subject to further obligations
deriving from the Contract.
25.3. Approval of the Performance Schedule by the Contracting Authority shall not
release the Contractor from any of its contractual obligations.
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25.4. No changes must be made to the Performance Schedule without the

approval of the Contracting Authority. Nevertheless, if progress of the works
is not in accordance with schedule, the Contracting Authority may request
that the Contractor review the schedule and submit the revised schedule for
approval.
25.5. The Contracting Authority must inform the Polish Government, or its
designated representative, of any changes made to the Performance
Schedule.
26. Design
26.1. General Design Obligations
26.1.1 The Contractor carries out and is responsible for the layout designs.
The Designs must be carried out by qualified professionals according
to the Technical Proposal and the Technical Requirements. Equally,
the Contractor must draw up technical documents required pursuant
to the modalities defined in the Contract, the Technical
Requirements and the Technical Proposal.
26.1.2 The layout designs must be submitted for approval to the
Contracting Authority according to the Performance Schedule and
be corrected at the expense of the Contractor in order to meet the
Technical Requirements of the Contracting Authority as well as the
Technical Proposal, eliminating any errors, omissions, ambiguities,
including incoherencies and any other flaws.
26.2. Specifications and drawingsTechnical Documents
26.2.1 The Contractor must carry out the Design to include all drawings,
specifications and any other technical documents pursuant to the
provisions set down in the Technical Requirements, the Technical
Proposal and, wherever not specified, pursuant to good engineering
practices, together with all documents as necessary for compliance
with legislation and regulations in force. The Contractor technical
documents comprising the plant layout designs must include
documents that define the Project and particularly:
SECTION 6
Description;
Calculations annexes;
Legislation for compliance;
Budget breakdown into measurements and unit prices

setting down the prices of Goods, Services and Works listed
in the Successful Bid;
Detailed drawings;
Specific Documents: Health and Safety, Environmental

Impact Review, Quality Control and Assurance, Project
Method statement.
Protocol for Testing and Commissioning.
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26.3. Approval of the Design by the Contracting Authority

26.3.1 The Contractor must prepare and deliver two original copies of the
Design for approval or review by the Contracting Authority.
26.3.2 The Contracting Authority will return one copy of the Design to
Contractor, duly approved within 30 (thirty) days from the date
following receipt by the Contracting Authority of any documents
requiring the approval of the Contracting Authority or were
otherwise notified Contract in writing that it has not approved the
document and the reasons for this, together with the proposed
changes.
26.3.3 In the event that the Contracting Authority fails to forward approval
to the Contractor within the aforesaid period of 30 (thirty) days,
then the Design will be deemed to have been approved by the
26.3.4 The Contracting Authority may only refuse to approve the
Contractor Design if it does not adhere to any specific provision in
the Contract or is contrary to good engineering practices.
26.3.5 If the Contracting Authority rejects the Contractor Design, the
Contractor must amend the document and re-submit it to the
Contracting Authority for approval, pursuant to the provisions of
this Article. If the Contracting Authority approves the document
subject to modifications, then the Contractor must make the
required modifications and it will be deemed in that event that the
document has been approved.
26.3.6 Approval by the Contracting Authority, with or without modification,
of Design provided by the Contractor does not release the
Contractor from any liability imposed upon it under any given
provision within the Contract, other than to the extent that any
resultant error is the consequence of modifications required by the
26.3.7 Upon approval of the Design by the Contracting Authority, the
Contractor and the Contracting Authority shall sign a Provisional
Acceptance Certificate for the Design. This Provisional Acceptance
Certificate shall be one of the payment documents as per Article 3
(Method of Payment) of the Contract Agreement.
26.4. As-Built drawings
The Contractor must prepare and keep a complete set of as-built documents
for the Cold Storage Rooms for Meat and Associated facilities duly updated,
specifying the exact location, sizes and detailed information of Work carried
out. The aforesaid documents must be kept on Project Site and used
exclusively for the purposes specified under this Article.
The Contractor must provide 2 (two) copies of the as-built documents to the
Contracting Authority before beginning Completion Tests, for review,
pursuant to Article 26.3 above.
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Before any Practical Completion Certificate can be issued, the Contractor

must provide the Contracting Authority with a complete set of drawings and
documents regarding the final construction condition pursuant to the
Technical Requirements, the Technical Proposal and the Design. The Project
may not be deemed completed for acceptance purposes by virtue of the
provisions set down in Article 39 (Handing Over) in these General
Conditions, up until such time as the Contracting Authority has received the
aforesaid documents.
26.5. Legal codes and regulations

The Design and execution of the Cold Storage Rooms for Meat and
Associated facilities must adhere to the provisions set out under technical
regulations and laws governing plant installations, building, construction and
environment of the country where the Project is located, as well as to any
legislation applicable to the Project brought about by performance of the
Contract, and any other regulations specified under the Technical
Requirements, Technical Proposal applicable to the Project.
If no legislation exists governing plant installation, building, construction and
environment, the law of the Republic of Kenya as well as European legal
codes must be used, in so far as possible. The Contractor must, at all
events, make all necessary means available to ensure the safety of persons,
Goods, Works and materials at the installation location.
All references within the Contract to published legislation are deemed to

refer as a reference to the edition that applies, 28 (twenty eight) days prior,
as at the Bid submission date, unless the Contract states otherwise.
27. Commencement of works

27.1. The delivery of Goods, provision of Services and execution of Works to be
done by the Contractor shall not commence until the Contracting Authority
and the Contractor signed the Site Handing Certificate according Article 19
(Execution Period / Project Site Hand Over Certificate) of these General
27.2. Delivery of Goods, provision of Services other than Design and execution of
Works in each Cold Storage Rooms for Meat and Associated facilities shall
not commence until the Design has received the approval by the Contracting
Authority according Article 26.3 (Approval of the Design by the Contracting
Authority) of these General Conditions of Contract.
28. Delivery, Transport and Insurance of Goods

28.1. The Contractor will manufacturer or purchase, transport and deliver all the
Goods must adhere to Incoterms ICC 2010 expeditiously and organised
manner to the Project Site in accordance with the Performance Schedule
agreed by the parties.
Partial shipments deliveries are permitted for
dispatch of Goods.
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28.2. The Contractor shall verify that all Goods to be imported into Kenya comply
with the regulations established by the Kenyan Bureau of Standards (KEBS),
and any other applicable standard in the Republic of Kenya
28.3. The Contractor will request authorisation to the Contracting Authority prior
to delivery of the Goods, providing by fax and/or email, all details related to
the delivery including: number of Contract, name and specification list of
delivery subject, quantity, number and date of specific transportation
document, delivery date and expected arrival date.
28.4. The Contracting Authority must forward authorisation for the particular
shipment to the Contractor within a period of 7 (seven) days, by fax or
electronic exchange of data. The Contractor may not proceed to ship or
dispatch the Goods without such official prior authorisation from the
28.5. The Contractor must deliver the Goods to the Project Site as per the
Incoterms 2010 conditions, as established in the Performance Schedule. The
Contractor, for that purpose, undertakes to carry out the following tasks:
28.5.1 The Contractor must package the Goods as necessary to prevent
any damage or deterioration during transport to the Project Site.
The packaging must be suitable and able, without limitation, to
withstand damage and careless handling, exposure to extreme
temperatures, salt and rainfall, and storage in open spaces.
The distance to the Project Site and lack of heavy duty loading and
unloading equipment at all points where the Goods must be
transhipped should be taken into account, as appropriate, when
considering the size and weight of packages.
28.5.2 Packaging, identifying marks and documents placed both inside and
outside the packages must strictly comply with any special
requirements expressly stipulated in the Contract and any other
requirement, if any, established under the Technical Requirements,
Technical Proposal as well as any applicable legislation.
28.5.3 Provide and pay for the cost of prior inspection of Goods, as stated
in Article 30 (Inspection of Goods prior to Dispatch) of these
General Condition of Contract to check that they meet the quantity,
quality and characteristics agreed in the Contract.
28.5.4 The Contractor must transport Goods as well as the Contractor
Equipment to the Project Site including the unloading on its own
account and at its own risk by any means of transport that the
Contractor deems appropriate bearing in mind all the particular
circumstances.
28.5.5 The Contractor must communicate a description of Goods and where
appropriate of Contractor Equipment after each dispatch to the
Contracting Authority, including the name of vessel, port and any
other information deemed relevant for execution of the Project, by
telex, cable, fax or electronic exchange of data and notify the place
and manner of dispatch, as well as the estimated date and time and
the place of arrival of the Goods.
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28.5.6 Provide relevant documents to the Contracting Authority so that the

Contracting Authority may facilitate where necessary with
importation to the Republic of Kenya. The following documents must
be sent by the Contractor to the Contracting Authority by urgent
post, within 7 (seven) days following the date of each shipment:

referring to the Goods, quantity, unit price and total amount;
1 (one) original and 2 (two) non-negotiable copies of the

Clean on Board Bill of Lading stating Freight Prepaid or
the corresponding transport document (Air Way Bill, CFR,
CMR, TIR or delivery note). [If the Goods are containerised
the wording clean on board could];
1 (one) original and 2 (two) copies of the packing list

referring to the Goods, Series no., quantity;
1 (one) original and 2 (two) copies of the transport

insurance policy covering 110% of the value of the Goods
pursuant to Article 28 (Delivery, Transport and Insurance of
Goods) of these General Conditions of Contract;
1 (one) original and 2 (two) copies of the Official Certificate

of Origin issued by a Polish Chamber of Commerce. In the
case of Goods of third country origin, the Official Certificate
of Origin will be issued by an official authority;
1 (one) original and 2 (two) copies of the Prior Inspection

Certificate issued by an inspection company of renowned
international repute pursuant to Article 30 (Inspection of
Goods prior to Dispatch) of these General Conditions of
Contract;
1 (one) original and 2 (two) copies of the certificate of the

Manufacturer/Official Distributor or Contractor warranty of
the Goods for such shipment;
2 (two) copies of the shipment authorisation issued by the

Contracting Authority;
28.6. Pursuant to the provisions of Article 10 (Obligation of the Contracting

Authority) in these General Conditions of Contract, the Contracting Authority
must obtain, on its own account and at its own risk, any import licence or
other official permit and also carry out customs procedures for importing the
Goods and for transit through any given country pursuant to legislation
governing valued execution of the Contract.
28.7. The Contractor must deliver the Goods to the Contracting Authority in an
area or on a driveway next to the building area, suitably prepared for
storage of the materials and means of construction at the Project Site. The
Contracting Authority must identify the Goods in order to check that they
are in compliance with the Contract requirements, within a period of no
longer than 4 (four) days from the date on which the latter was advised by
the Contractor of the arrival of the Goods, and must issue the Goods
Delivery Certificate.
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28.8. The Contractor must guarantee suitable storage of the Goods on Project Site
from the time of delivery thereof up until practical completion of the Cold
Storage Rooms for Meat and Associated facilities.
28.9. Delivery of Goods to the Project Site will be deemed to have been carried
out whenever a Goods Delivery Certificate to the Project Sites, for each
dispatch of Goods, is available and signed by the Contractor and by the
Contracting Authority. In the event, for reasons not the fault of the
Contractor, the Contracting Authority neither issues the aforesaid Goods
Delivery Certificate nor rejects the Contractor request within a period of 15
(fifteen) days, then the Certificates will be deemed to have been issued on
the last day of that time period.
29.Care of the Cold Storage Rooms for Meat and Associated facilities
29.1.
The Contractor is liable for the care and safeguarding of Cold Storage
Rooms for Meat and Associated facilities and Works or any part thereof up
until such a time as the Provisional Acceptance Certificate is issued or
deemed to have been issued. The Contractor must make good any loss or
damages incurred to the Goods or Works during this period at its own cost.
30. Inspection of Goods prior to Dispatch

30.1. The Contractor must carry out an inspection prior to loading, and also an
inspection prior to dispatch of Goods obtained locally, carried out by a
specialist control agency, of renowned international repute, at the
Contractor (or its subcontractors) factory or warehouse. The Contractor
must pay all costs arising from such inspection.
30.2. The Contractor and its sub-contractors undertake to cooperate fully in
assisting inspectors designated by the control agency so that they may duly
carry out their task.
30.3. If as a result of the inspection any Goods are found not to meet the
requirements established in this Contract, the Contractor must immediately
make good the defects found, with no need for any official requirement on
the part of the Contracting Authority.
30.4. Once the inspection has been carried out, the control agency will issue a
certificate stating that the Goods do complied with requirements as to
quantity, quality and packaging set down in the Contract
30.5. This Certificate constitutes one of several prior requirements for the
Contracting Authority to provisionally accept the Goods and pay the price
thereof, where this shall not in any case imply that the Contractor liability to
deliver the Goods installed and properly operational nor its obligations to
correct have ceased.
30.6. The Contractor shall take into consideration that all equipment to be
imported into Kenya must comply with the regulations established by the
Kenyan Bureau of Standards (KEBS), and any other applicable Standard in
the Republic of Kenya.
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31. Progress reports

31.1. The Contractor will oversee progress of all specific activities of the
Performance Schedule and will file a monthly progress report with regard to
execution of the Contract with the Contracting Authority.
31.2. The Works progress report must state:
a.
The percentage in the terms of finance and time compared with the
percentage of completion planned in the Performance Schedule of each
particular activity; and
b.
If any activity is behind with regard to Performance Schedule, the

progress report must include notes explaining reasons of the delay the
consequences and the corrective measures being taken.
32. Site Security

32.1. The Contractor guarantees the security of the Project Site throughout the
execution of the Contract and shall take all measures as necessary, in the
interest of its employees, the Contracting Authority personnel and of third
parties, to prevent any harm or accidents which may arise out of
performance of the Contract.
32.2. The Contractor will take such measures as necessary, under its own
responsibility and at its own cost, to guarantee the protection, conservation
and maintenance of structures and facilities already in existence on the
Project Site. The Contractor is deemed liable and shall pay costs of providing
and maintaining all lighting, protection, fencing and security equipment as
necessary for correct performance of the Contract or as may be reasonably
required by the Contracting Authority.
32.3. If urgent measures are deemed necessary to avoid risk of accident or
damage or to guarantee security following an accident or damage during the
Contract execution period, then the Contracting Authority shall officially
notify to the Contractor that it must take necessary measures. In the event
that the Contractor does not wish to or is not able to take the necessary
measures, the Contracting Authority may have the measures carried out at
the expense of the Contractor, to the extent that the latter is deemed liable.
33. Contractor Equipment

33.1. All Contractor Equipment taken by the Contractor to the Project Site will be
deemed to be intended for use exclusively in execution of the Contract. The
Contractor may not remove such equipment from the Project Site without
the consent of the Contracting Authority in the sense that such equipment is
no longer necessary for execution of the Contract.
33.2. Unless otherwise specified within the Contract, as soon as the installation
and commissioning of the tanks are completed, the Contractor must remove
all the equipment transported by the Contractor to the Project Site, together
with all surplus materials left in the area.
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33.3. The Contracting Authority must obtain any local, regional or national permits
required by the Contractor to export the Contractor Equipment brought in by
the Contractor for use in executing the Contract and no longer required for
that purpose.
34. Labour
34.1. The Contractor must use sufficient numbers of personnel all having the
necessary qualifications as necessary in order to guarantee the normal
progress and satisfactory execution of the provisions subject of the Contract.
The Contractor must immediately replace any employees who, in the opinion
of the Contracting Authority, may have a detrimental effect on satisfactory
execution of the Contract. The Contracting Authority must inform the
Contractor for that purpose, by letter setting out the reasons, which must be
appropriate. It is up to the Contractor to take the necessary measures to
contract all personnel and labour.
34.2. The Contractor must, at all times whilst the Contract is in progress, do
everything possible to prevent any illegal, excessive or turbulent conduct or
behaviour on the part of its employees and of its subcontractors workers.
34.3. The Contractor must adhere to labour laws applicable to its employees,
paying them adequately and acknowledging their legal rights.
35. Clearance of the Cold Storage Rooms for Meat and Associated facilities area
35.1. The Contractor must keep the Project Site reasonably free of all unnecessary
obstructions throughout the Contract Execution Period, storing or removing
surplus materials and removing any remains, rubbish or provisional works
from the Project Site, together with Contractor Equipment no longer deemed
necessary for execution of the Contract.
35.2. Once the Cold Storage Rooms for Meat and Associated facilities have been
Installed and Commissioned, the Contractor must remove all remains,
rubbish and waste of any kind from the Project Site and leave the area and
the facilities in a good clean and secure state.
36. Parallel Contracts

36.1. The Contractor, in accordance with the requirements of the Contracting
Authority, will make all reasonable provisions as required so that other
contractors contracted by the Contracting Authority and their employees, as
well as employees of the Contracting Authority or of any other public entity
and employed on the Project Site or near it to carry out any work not
included in the Contract, or under any contract that the Contracting
Authority may enter into with regard to the Cold Storage Rooms for Meat
and Associated facilities or supplementary thereto.
SECTION 6
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ACCEPTANCE AND WARRANTY
37. Inspections and tests

37.1. The Contractor must carry out all tests and inspections of the Goods,
Services and Works as specified in the Contract in order to check that they
comply with the quality, quantity and performance characteristics required
under the Contract at his own risk and at no cost for the Contracting
Authority.
37.2. Inspections and tests may be carried out at the place where the Goods are
manufactured, at the Contractor or subcontractor facilities or on the Project
Sites or in any other place set down in the Contract.
37.3. The Contracting Authority or its duly authorized representatives shall be
entitled to witness the aforesaid test and inspections, provided that the
Contracting Authority will pay all costs and expenses relating to that
attendance, including, but not limited to travel costs, subsistence and
lodgings expenses.
37.4. Whenever the Contractor is ready to carry out such tests and inspections, it
shall duly inform -never deemed to be less than 15 (fifteen) days- the
Contracting Authority of such test and/or inspection and of the place and
time. The Contractor must obtain any permission or consent from the
manufacturer, to enable the Contracting Authority or its designated
representative to attend the test and/or inspection.
37.5. The Contracting Authority may require the Contractor to carry out tests and
inspections not required under the Contract, but deemed necessary in order
to ensure that the characteristics and operation of Equipment or of the Cold
Storage Rooms for Meat and Associated facilities, comply with the Technical
Requirements and the Technical Proposal. Any additional reasonable costs
incurred by the Contractor for such tests and inspections shall be assumed
by the Contracting Authority. Equally in the event that such tests and
inspections impede the progress of the execution of the Contract the
Contractor must inform the Contracting Authority in that regard and shall be
entitled to a Contract extension of the time period due to said delay, as
provided for under Article 20 (Extension of Execution Period) of these
General Conditions of Contract.
37.6. The Contractor must submit to the Contracting Authority a report with the
results of such tests and inspections.
37.7. The Contracting Authority may reject the Goods, Services and Works, or the
Cold Storage Rooms for Meat and Associated facilities, or components
thereof and which do not pass the test or inspections or are not in
compliance with the Contract. The Contractor must either correct or replace
such Goods, Services and Works, or rejected components or make such
changes as necessary and repeat the test or inspections in order to comply
with the requirements at his own cost upon giving a notice to the
Contracting Authority pursuant to Article 37.4 above.
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37.8. If the Contracting Authority and the Contractor fail to agree with regard to
the results of tests and inspections, then each of them shall send the other a
declaration stating its opinion within a period of 15 (fifteen) days following
the date on which the disagreement arises. The Contracting Authority or the
Contractor may ask that such tests are repeated under the same terms and
conditions, or, if either party so wishes, request the involvement in that
regard of an expert chosen by mutual agreement. All test reports should be
submitted to the Contracting Authority, which must communicate the results
of such tests to the Contractor without delay. Test results will be deemed
conclusive. The cost of repeating tests must be paid for by whichever party
is found to be wrong, pursuant to the aforementioned definitive tests.
37.9. Any extra cost caused under Articles 37.5 and 37.8 above shall not be paid
through the financial facilities of the Tied Aid Fund.
37.10. The Contractor accepts that neither carrying out tests nor inspections of
Goods, Services or Works, nor the presence of the Contracting Authority or
its representative, nor the production of reports pursuant to Article 37.6,
may exonerate the Contractor from any guarantees or other obligations
incumbent upon it by virtue of the Contract.
37.11. The Polish Embassy in the Republic of Kenya or its duly authorized
representatives may be present while such operational tests or inspections
are carried out.
38. Completion Tests

38.1. Acceptance of the Cold Storage Rooms for Meat and Associated facilities
cannot take place, i.e. it shall not be deemed completed, until the
Completion Tests have been carried out at the Contractors expense. The
Contractor must carry out the Completion Tests as established in the
Contract.
38.2. The Contractor must carry out the Completion Tests pursuant to this Article
and to Article 37 (Inspection and Test) of these General Conditions of
Contract, after having provided the As-Built documents and Operation and
Maintenance Manuals and other documents of the Project.
38.3. The Contractor must inform the Contracting Authority, providing at least 21
(twenty one) days notice, of the date from which the Contractor is prepared
to carry out each one of the Completion Tests. The Tests must take place no
earlier than 14 (fourteen) days from that date.
38.4. Unless otherwise stated in the Contract, Completion Tests shall be carried
out in the following order:
SECTION 6
a.
commissioning tests, which must include the specified operational tests,

for the purpose of demonstrating that the Cold Storage Rooms for Meat
and Associated facilities or part thereof, can be safely operated and
adheres to the provisions set down in the Contract;
b.
operational test period, to show that the Cold Storage Rooms for Meat
and Associated facilities or stage thereof is operating satisfactorily in
accordance with the performance established in the Contract.
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38.5. The operational test period may not be deemed an acceptance as

established under Article 39 (Handing Over) of these General Conditions.
Any product produced by the Cold Storage Rooms for Meat and Associated
facilities during the operational test period shall belong to the Contracting
Authority.
38.6. If the Cold Storage Rooms for Meat and Associated facilities do not pass the
Completion Tests, the Contracting Authority shall be entitled to:
38.6.1 Order further repeated Completion Tests, pursuant to the procedure
set down in Article 37 (Inspections and Tests) of these General
Conditions of Contract;
38.6.2 Reject the Cold Storage Rooms for Meat and Associated facilities, if
the fault means that the Contracting Authority cannot make total
use of the Cold Storage Rooms for Meat and Associated facilities
and, in that event, the Contracting Authority will enter into a
contract with a third party to carry out Works as necessary for the
Cold Storage Rooms for Meat and Associated facilities to pass said
Completion Tests. All costs incurred by the Contracting Authority
will be deducted from the Performance Security.
38.7. The Polish Embassy, in Nairobi, or its duly authorized representatives may
be present while Completion Tests are being carried out.
38.8. If, for reasons deemed to be the fault of the Contracting Authority, the
Contractor is prevented from carrying out the Completion Tests for a period
of more than 30 (thirty) days, calculated from the date on which notice to
the Contractor was acknowledged, then the latter must:
a.
carry out the Completion Tests, to the extent possible; and
b.
The Polish Embassy in Nairobi, or its designated representatives, in

advance that the tests are being carried out.
38.9. In the event that the Contract after suffers any delay or incurs any cost as a
result of the aforesaid delay in Completion Tests within the Contractor must
notify the Contracting Authority of this and shall be entitled to:
a.
an extension of the time period due to the delay, as established in

Article 20 (Extension of Execution Period) in these General Conditions of
Contract; and
b.
payment of the aforesaid costs.
38.10. Any extra cost caused under Article 38.9 above shall not be paid through the
financial facilities of the Tied Aid Credit.
38.11. Prior to carrying out Completion Tests, the Contractor must provide
sufficiently detailed operating and maintenance manuals duly adapted for
the beneficiary personnel in such a manner as to permit the Contracting
Authority to start up, maintain, adjust and repair all parts of the Plant or
Equipment. Unless otherwise provided for within the Contract, manuals must
be in the Contract language. The Contract will not be deemed completed for
the purposes of Practical completion until such a time as the aforesaid
manuals have been delivered to the Contracting Authority.
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39. Handing Over

39.1. The Contracting Authority will take possession of the Project, or each of the
Cold Storage Rooms for Meat and Associated facilities, as soon as it has
satisfactorily passed the Completion Tests and a Practical Completion
Certificate as either been issued or deemed to be issued.
39.2. The Contractor may request a Practical Completion Certificate for each plant
by notifying the Contracting Authority in that regard, whenever it considers
that the Cold Storage Rooms for Meat and Associated facilities will be
finished and ready for handing over in less than 15 (fifteen) days. The
Contracting Authority may, within a period of thirty (30) days from the date
the Contractor request is received:
a.
issue the Practical Completion Certificate of each Cold Storage Rooms

for Meat and Associated facilities to the Contractor stating any possible
objections; or
b.
refuse the request, expressing the grounds for this and specifying what,
in its opinion, the Contract must do for the certificate to be issued.
39.3. If the Contracting Authority neither issues the Practical Completion

Certificate nor refuses the Contractors request within a period of 30 (thirty)
days, then said Certificate will be deemed to have been issued on the last
day of that period.
39.4. The Contracting Authority may, when requested to do so by the Contractor
and if the characteristics of the Project so require, carry out partial handing
over of the Cold Storage Rooms for Meat and Associated facilities finished
and ready for use as described in the Contract.
39.5. Following Practical Completion and without prejudice to any warranty
obligations set down in Article 40 (Warranty Obligations) of these General
Conditions of Contract, the Contractor shall no longer be deemed liable for
any risks that may affect the Project and arising due to grounds for which
the latter is not deemed to be at fault.
39.6. As soon as each horticulture cold storage and Associated facilities has
passed the Completion Tests and obtained the Practical Completion
Certificate, the Contractor must forward a certified report with the results to
the Contracting Authority and provide a copy to Polish Embassy in Nairobi,
or its designated representatives.
39.7. The Contracting Authority may make use of all the Cold Storage Rooms for
Meat and Associated facilities immediately following Practical Completion
Certificate and handing over.
40. Warranty Obligations

40.1. The Contractor guarantees that the Project or any part thereof shall have no
defects of design, engineering, materials for execution regarding the Goods,
Services and Works provided.
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40.2. The Warranty Period is for 12 (twelve) months from the date of the Practical
Completion Certificate. The Contractor is nevertheless deemed liable for the
solidity of the installation as from the date of Practical Completion, pursuant
to the provisions set down by law in the country where the Project is
located.
40.3. The Contractor shall make the necessary preventive maintenance, visiting
the Cold Storage Rooms for Meat and Associated facilities in order to
warrant and maintain all the Goods in good working conditions and ensure
its proper and efficient use. A maintenance certificate shall be drawn up
after each visit and signed by the person in charge of the equipment and/or
the Cold Storage Rooms for Meat and Associated facilities Chairman.
40.4. If any defect in design, engineering, materials or execution of the Cold
Storage Rooms for Meat and Associated facilities ied out by the Contractor
comes to light during the Warranty Period then the Contractor must, in
consultation and agreement with the Contracting Authority as to the
appropriate manner to correct the particular defects and at its own cost,
immediately repair, replace or correct such defects, as well as any damage
to the Cold Storage Rooms for Meat and Associated facilities caused by said
defects. The Contractor is not responsible for repairing, replacing or
correcting any defect or damage to Cold Storage Rooms for Meat and
Associated facilities that occurs for any of the following reasons:
a.
Inadequate operation or maintenance of the Cold Storage Rooms for

Meat and Associated facilities by the Contracting Authority;
b.
operation of the Cold Storage Rooms for Meat and Associated facilities
not covered under the requirements provided for in the Contract; or
c.
normal wear and tear.
40.5. Contractor obligations pursuant to this Article do not apply to the following:
a.
Goods supplied by or Works carried out by the Contracting Authority;
b.
designs, requirements or other details either designed, supplied or

specified by or on behalf of Contracting Authority or any matter in which
the Contractor has disclaimed responsibility by virtue of this Contract.
40.6. The Contracting Authority must inform the Contractor of the nature of the
aforesaid defects and provide the Contractor with all available tests carried
out in that regard promptly following the discovery of the defects. The
Contracting Authority will provide the Contractor every reasonable
opportunity to inspect the defects concerned.
40.7. The Contracting Authority will permit the Contractor access as necessary to
the Cold Storage Rooms for Meat and Associated facilities and to the Project
Site say that the latter may comply with its obligations under this Article.
SECTION 6
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40.8. The Contractor may, with the consent of the Contracting Authority, remove
from the Project Site or from anywhere in the Cold Storage Rooms for Meat
and Associated facilities if defective and if the nature of the particular defect
and/or damage to the Cold Storage for Meat and Associated Facilities and
Accessories caused by defect means that repairs cannot be carried out
expeditiously at the Project Site.
40.9. In the event that repairs, replacements or corrections may have
repercussions on the effectiveness of the Cold Storage Rooms for Meat and
Associated facilities or part thereof, the Contracting Authority may, by
notifying the Contractor, require the latter to carry out necessary tests as
soon as the repair works are completed and the Contractor will carry out
tests at that time.
40.10. If the test results are not satisfactory, the Contractor must carry out the
repairs, replacement or corrections (as the case may be) until these are in
accordance with the Contract Technical Requirements, pursuant to the
procedure established in Article 37 (Inspections and Tests) of these General
40.11. If the Contractor fails to commence works necessary to correct such defects
or damage to the Cold Storage Rooms for Meat and Associated facilities
caused by the defect within a reasonable period of time (never deemed to
be less than 15 (fifteen) days), then the Contracting Authority, after having
notified the Contractor, may proceed to carry out such works. The
Contractor must pay the Contracting Authority any reasonable costs incurred
by the Contracting Authority in that regard or else they may be claimed by
virtue of the Performance Security.
40.12. If the Cold Storage Rooms for Meat and Associated facilities or any part
thereof cannot be used due to the particular defects and/or corrections
thereof, then the Warranty Period will be extended by a period equal to the
period that the Cold Storage Rooms for Meat and Associated facilities or part
thereof, could not be used by the Contracting Authority due to any of the
aforementioned reasons. The latter may require the Contractor either to
increase the amount of the Performance Security in an amount equal to the
cost of replacing the assets or to provide a further appropriate guarantee.
41. After sales service

41.1. The Contractor shall provide or secure the provision of a local reliable
after-sales service, thereafter guaranteeing maintenance, and the rapid
replenishment of spare parts and consumables for the Goods for a period of
5 (five) years after the Practical Completion Certificate.
41.2. In the event of termination of production of the spare parts, advance
notification to the Contracting Authority to allow it to procure the parts
required and, following such termination, provision at no cost to the
Contracting Authority of the blueprints, drawings and specifications of the
spare parts, if and when requested.
41.3. The Contractor shall provide under this Contract after-sales service as
specified in the Technical Requirements and Technical Proposal of this
Contract.
SECTION 6
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42. Training
42.1. The Contractor must be responsible for training the personnel of the
Contracting Authority with regard to operation and maintenance of the Cold
Storage Rooms for Meat and Associated facilities and as specified in the
Contract.
42.2. The training must take place prior to the takeover of the Plant. The training
should be running in the course of the installation and commissioning of the
Cold Storage Rooms for Meat and Associated facilities. The Cold Storage
Rooms for Meat and Associated facilities will not be deemed complete for the
purposes of handing over until such training has been provided.
42.3. In addition a brush-up training shall be carried out by the Contractor at least
6 (six) month after the Provisional Acceptance date, during the warranty
period, and shall be compulsory in order to get the Final Acceptance
Certificate conformed.
42.4. The training programme shall include specific courses regarding to the
following horticultural value chain actors: Plant technicians, Plant artisans,
Meat farmers, packers, transporters and other handlers.
42.5. The Contractor shall adapt their training to the specific needs and
requirements of the personnel in charge of the operation and maintenance
of the equipment. The Contractor shall combine different approaches and
teaching methods to obtain the highest possible level of efficiency of the
equipment and methods.
42.6. When training the personnel, the Contractor shall take into account, as part
of their methodology, the following:
a.
Issue of a corresponding minute of every teaching session including the

date, the content of the course and list of personal attendance.
b.
Carry out an evaluation of the knowledge acquired by the trainees

during the training programme.
c.
Elaborate a final report of the training programme which shall comprise

the contents of the training, the minutes of each of the teaching
sessions as well as the knowledge evaluation. This final report shall be
submitted to the Contracting Authority and to Polish Government in
Nairobi or its duly authorized representative.
42.7. In order to facilitate the training programme, the Contracting Authority shall
be responsible of providing on time qualified personnel for the training
stage.
42.8. The Contracting Authority must issue a Practical Completion Certificate of
completion of the Training Services.
SECTION 6
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43. Final Acceptance

43.1. Once the Warranty Period has expired, or if there have been more than one
of such periods, whenever the last of these periods have expired, and as
long as all defects or objections have been corrected, the Contracting
Authority will issue a Final Acceptance Certificate for the whole Project,
stating the date on which the Contractor complied with its contractual
obligations.
43.2. The Contracting Authority will issue the Final Acceptance Certificate within a
period of 30 (thirty) days counting from the date of expiry of the Warranty
Period or, after that period, as soon as all repairs have been completed to
the satisfaction of the Contracting Authority pursuant to Article 40 (Warranty
Obligations) of these General Condition of Contract. If a period of 30 (thirty)
days has elapsed without the Contracting Authority having issued the Final
Acceptance Certificate it will be deemed that said Certificate has been
issued.
43.3. The Contract will not be considered fully executed until the Final Acceptance
Certificate has been issued or is deemed issued by the Contracting
Authority.
43.4. Notwithstanding the issue of the Final Acceptance Certificate, the Contractor
and the Contracting Authority shall continue to be liable for compliance with
all obligations incumbent upon them under the Contract still outstanding at
the time the Final Acceptance Certificate is issued.
43.5. For the purposes of ascertaining the nature and extent of such outstanding
obligations, the Contract will be deemed to remain in force.
BREACH AND TERMINATION OF THE CONTRACT
44. Breach of Contract

44.1. Either party will be deemed to be in breach of Contract if it fails to comply
with its contractual obligations.
44.2. Whenever any breach of Contract occurs, party harmed by the breach will
be entitled to the following remedies:
a.
to request compensation for damages; and/or
b.
to terminate the Contract, if so provided in the Contract.
44.3. Compensation for damages as established under Article 44.2 may comprise:
a.
compensation for damages; or
b.
compensation as stipulated in the Contract.
44.4. Amounts will be paid over with regard to the compensation as provided for
in Article 44.3 above, and applying the measures provided for within the
Contract with regard to breach on the part of the Contractor, by deduction of
the corresponding amount from the Performance Security.
SECTION 6
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44.5. Whenever termination of the Contract is due to a breach that is the fault of
the Contractor or of the Contracting Authority, then the party harmed by the
breach shall in its own right be entitled to request compensation for
damages incurred.
45. Termination of the Contract

45.1. The grounds termination are as follows:
a.
If the Contractor company ceases to exist as a legal entity;
b.
Declaration of official creditors meetings or declaration of insolvency in

any other proceedings;
c.
Mutual agreement
Contractor;
d.
Delay in compliance with the deadlines established in the Contract on

the part of the Contractor pursuant to the provisions of Article 21
(Liquidated Damages) of these General Conditions of Contract;
e.
Breach of other contractual obligations;
f.
Breach on the part of the Contractor of the Ethics Clauses, as defined in

Article 48 (Ethic Clauses) of these General Conditions of Contract;
g.
Grounds of force majeure lasting longer than 180 (one hundred ad

eighty) days;
h.
Suspension of execution by the Contracting Authority for a period of

longer than 180 (one hundred ad eighty) days on grounds not specified
within the Contract and in which regard the Contractor is not at fault;
i.
Any other grounds established in the Contract.
between
the
Contracting
Authority
and
the
45.2. This Contract will be automatically terminated in the event that it does not
give rise to any payment over a period of 3 (three) years from the date of
signing.
46. Force majeure

46.1. The Contractor shall not be subject of seizure of the Performance Security,
Liquidated Damages or termination of Contract pursuant due to a breach of
Contract, as long as the delay or breach of its obligations by virtue of the
Contract is the result of an event of Force Majeure, as defined below in this
clause. Neither party will be deemed to have committed an omission or
failed to comply with its contractual obligations if execution of such
obligations has been prevented by any circumstances of force majeure
arising after the Contract has come into force.
SECTION 6
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46.2. For the purposes of this Article, force majeure is deemed to have refer to
strikes, lockouts or any other legal disputes, actions by delinquents, wars,
whether declared or not, blockades, insurrection, revolts, epidemics,
landslides, earthquakes, storms, lightening, floods, slippages, social unrest,
explosions or other similar unforeseeable circumstances beyond the control
of either party and which could not be overcome despite their diligent
efforts.
46.3. If the Contracting Authority or Contractor considers that circumstances of
force majeure have occurred which might affect compliance with their
obligations, they must notify this without delay to the other party providing
details as to the nature thereof, the probable duration and expected
repercussions of that circumstance. Unless otherwise instructed in writing by
the Contracting Authority, the Contractor must continue to comply with its
obligations pursuant to the Contract to the extent that it is reasonably
possible to do so and must seek all possible alternatives to comply with its
obligations not affected by a circumstance of force majeure. The Contractor
may not put such alternative methods into practice unless required to do so
by the Contracting Authority.
46.4. In the event that circumstances of force majeure persist for a period of more
than 180 (one hundred and eighty) days, without prejudice to any possible
extension to the time period completion of the Contract that may have been
granted to Contractor by reason thereof, each of the parties shall be entitled
to notify the other party that the Contract is terminated within a period of
30 (thirty) days. When that deadline has expired, if the circumstances of
force majeure persist then the Contract will be deemed terminated and the
parties therefore released from the obligation to continue to execute the
Contract.
SECTION 6
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DISPUTE RESOLUTION
47. Dispute resolution

47.1. The Contracting Authority and the Contractor must in so far as possible
attempt to resolve any disputes which arise between them amicably.
Whenever a dispute arises, the parties must communicate their position to
the other in writing in that regard, together with the solution they deem
possible. If one of the parties considers it useful then they may meet to try
and resolve the dispute. Each party will have a period of 30 (thirty) days in
which to respond to a request for an amicable solution. The maximum
period set down to achieve an amicable solution is 120 (one hundred and
twenty) days from the date on which the proceedings commenced. If the
attempt to find an amicable solution fails or if one party does not reply
within the deadline given for a request to resolve the dispute, then each of
the parties may go on to the following stage of proceedings for dispute
resolution and notify the other parties in that regard.
47.2. If, after 30 (thirty) days from the commencement of such period of amicable
solution, the Contracting Authority and the Contractor have been unable to
resolve amicably a Contract dispute, either party may require the dispute to
be referred for resolution by arbitration.
47.3.
Arbitration shall be subject to the Law of Kenya

ETHICS CLAUSES
48. Ethics Clauses

48.1. The Contractor in any one Contract and its personnel, together with any
other company with which the Contractor is associated or tied, may not,
unless otherwise provided in prior authorisation in writing from the
Contracting Authority, provide any other services, not even of a
supplementary nature or by subcontracting, nor carry out any other works
or supplies for the Project.
48.2.
The aforesaid prohibition also applied, as the case may be, to any other
projects with regard to which the Contractor due to the nature of the
particular Contract may also find itself in a conflict of interest scenario.
48.3. The Contractor must, at all times, act impartially and with honour pursuant
to its professional code of ethics. The Contractor must refrain from making
any public statements regarding the Project without prior approval from the
Contracting Authority and may not in any way compromise the Contracting
Authority without its prior consent in writing in that regard.
48.4. Throughout the Contract execution period, the Contractor and its personnel
must respect human rights and undertake not to contravene and political,
cultural or religious customs of the beneficiary country.
48.5. The Contractor may not accept any payment with regard to the Contract
other than as provided therein. The Contract and its personnel must refrain
from carrying on any business activity or from receiving any bonus that may
be in conflict with its obligations towards the Contracting Authority.
SECTION 6
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48.6. The Contract and its personnel are deemed subject to professional secrecy
throughout the duration of the Contract and beyond its termination. All
reports and documents received or drawn up by the Contractor having to do
with the Contract are deemed confidential.
48.7. Use by the contracting parties of all reports and document drawn up,
received or issued during execution of the Contract is governed by the
conditions set out therein.
48.8. The Government of the Republic of Poland reserves the right to suspend or
cancel finance of projects if any kind of corruption is discovered at any stage
of the award process or if the Contracting Authority fails to take the
appropriate measures to remedy such a situation.
48.9. Unusual commercial costs are deemed to refer to any commission not
referred to in the Contract or not arising from a valid contract referred to
within the Contract, any commission that is not payment in consideration of
a an effective legitimate service, any commission paid in a tax haven or any
commission paid to a beneficiary that is not clearly identified or to a
company that appears in all regards to be a front company.
48.10. The Contractor undertakes to provide the Government of the Republic
Poland through its representative in Nairobi and also to any persons
appointed by them, at the request of the latter, all documents as evidence
of compliance with the Contract performance conditions. The Government of
the Republic of Poland may carry out all manner of checks on documents
and to sites and at the Contractor head office or that of its subcontractors as
it may deem necessary in order to gather evidence to corroborate any
suspicion that unusual commercial costs may have occurred.
49. Administrative Sanctions

49.1. Without prejudice to applying sanctions set down within the Contract, any
Contractor making false declarations, committing significant errors or
irregularities or fraud or deemed to be seriously in breach of its contractual
obligations may be excluded from contracts financed and charged against
the Tied Aid Agreement for a maximum period of 5 (five) years from the
date on which the fault was recorded.
50. Checks and controls by the Polish Government

50.1. The Contracting Authority and the Contractor agree that the Polish
Government, through the Polish Embassy in Nairobi, and any persons
designated by them may carry out documents checks or in situ, at the
Project Site or at the main office of the Contractor or its subcontractors
regarding execution of the Project and carry out a complete audit if
necessary on the basis of official accounts receipts and accounting
documents regarding the Project financing and this may take place up to 7
(seven) years from the date on which the amount was paid.
SECTION 6
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50.2.
To that end, the Contractor undertakes to provide personnel of the

Government of the Republic of Poland, and any persons designated by them,
the right to access sites and premises where the Contract is carried out,
including computer systems and all computerized documents and data
regarding Project technical and financial management and also to take such
measures as necessary to facilitate their work. The documents must be easy
to access and filed in such a manner that they are easy to check and the
Contractor is under an obligation to inform the Contracting Authority
precisely where they are located.
50.3. The Contractor agrees that the rights of the Government of the Republic of
Poland to carry out audits, checks and verifications equally apply, under the
same conditions and according to the same modalities as provided under
this Article, to any subcontractor or any other party benefitting from the
Polish funding.
50.4. The judges, courts and administrative authorities will not be entitled, due to
debts of the Contracting Authority or of the Contractor of the Project
financed and claimable in Polish territory, issue any order for execution or
seizure against the rights, funds and values product of the carrying out,
liquidation and payment by the Polish granting authority or its financial
agent, of the loans and credits charged against the Tied Aid Agreement.
SECTION 6
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ANNEXES
Annex I Bank Guarantee
Performance Security Form
Date: [state Bid submission date (day, month and year)]
No ____: [state the Bidding Process number]
To: [state full name of the Contracting Authority]
[The bank, at the request of the Successful Bidder, must complete this form in
accordance with the instructions given]
Bank Branch or Office [full name of Guarantor]
PERFORMANCE SECURITY No.:
[state Guarantee number]
We have been informed that [insert complete name of Contractor] (hereinafter called
"the Contractor ") has entered into Contract No. [Insert number] dated [insert day and
month], [insert year] with you, for the performance of the Project "Installation, Testing
and Commissioning of Cold Storage Rooms for Meat and Associated faculties
(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a
Performance Security is required.
At the request of the Contractor, we hereby irrevocably undertake to pay you any sum(s)
not exceeding the 10% (ten percent) of the Contract Price [insert amount in figures
and words] upon receipt by us of your first demand in writing declaring the Contractor
to be in default under the Contract, without civil or argument, or your needing to prove
or to show grounds or reasons for your demand or the sum specified therein.
This Performance Security shall expire no later than 28 (twenty eight) days after the date
of the Practical Completion Certificate issued by the Contracting Authority and any
demand for payment under it must be received by us at this office on or before that date.
In the case the Contractor may request a Practical Completion Certificate for each Cold
Storage Rooms for Meat and Associated facilities, the Performance Security will be
released after a period of 28 (twenty eight) days after the date of the Practical
Completion Certificate issued by the Contracting Authority of the last Cold Storage
Rooms for Meat and Associated facilities handed over.
This Performance Security is subject to the Uniform Rules for Demand Guarantees, ICC
Publication No. 758.
[signature(s) of the authorised representative of the bank and the Contractor]
SECTION 6
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Advance Payment Bank Guarantee

Date: [state Bid submission date (day, month and year)]
No ____: [state Bidding Process No.]
To: [state full name of the Contracting Authority]
[The bank, at the request of the Successful Bidder, must complete this form in
accordance with the instructions given]
Bank Branch or Office [full name of Guarantor]
ADVANCE PAYMENT GUARANTEE No.: [state Guarantee No.]
We, [insert legal name and address of bank], have been informed that [insert
complete name and address of the Contractor] (hereinafter called "the Contractor") has
entered into Contract No. [insert number] dated [insert date of Agreement] with
you, for the performance of the Project " Cold Storage Rooms for Meat and Associated
facilities in Kenya (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an
advance payment is to be made against an advance payment guarantee.
At the request of the Contractor, we hereby irrevocably undertake to pay you any sum or
sums not exceeding in total an amount of [insert amount in figures and words] upon
receipt by us of your first demand in writing declaring that the Contractor is in breach of
its obligation under the Contract because the Contractor used the advance payment for
purposes other than towards performing the " Installation of Cold Storage Rooms for
Meat and Associated facilities in Kenya.
It is a condition for any claim and payment under this Guarantee to be made that the
advance payment referred to above must have been received by the Contractor on its
account [insert number and domicile of the account]
The maximum amount of this guarantee shall be progressively reduced in proportion to
the value of each part-shipment or part-delivery of Works and Services, as indicated in
copies of the relevant shipping and acceptance documents that shall be presented to us.
This guarantee shall expire upon our receipt of documentation indicating full repayment
by the Contractor of the amount of the advance payment.
This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 758.
[signature(s) of authorized representative (s) of the bank]
SECTION 6
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Annex II Bidding Documents
SECTION 6
- 182 -
Annex III - Technical Proposal of the Successful Bidder
SECTION 6
- 183 -
Annex IV -Budget Breakdown of the Successful Bidder.
SECTION 6

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MINISTRY OF AGRICULTURE, LIVESTOCK & FISHERIES

STATE DEPARTMENT OF LIVESTOCK

SUPPORT TO MODERNIZATION OF AGRICULTURE BY THE POLISH

SUPPLY INSTALLATION, TESTING AND COMMISSIONING OF COLD

TENDER NO. MOAL&F/SDL/20/2015-2016

The Government of the Republic of Kenya through the Ministry of Agriculture,

Services include: The Goods, Plant and Equipment to be supplied, including

The bidding documents shall be available in the Ministry of Agriculture, Livestock

It will be allowed, after being registered as a single company, to Bid in a Joint

Bidders shall be entitled to request clarifications on the Bidding Documents.

The address for delivery of the Bidding Documents in Kenya is:

The Ministry of Agriculture, Livestock and Fisheries of the Republic of Kenya,

For all purposes with regard to these Bidding Documents:

The term in writing refers to written communication (e.g. by e-mail,

wherever the context so requires, singular may mean plural and

day refers to a calendar day; and

The Government of Republic of Kenya through the Ministry of Agriculture,

The Government of Republic of Poland, in its legal capacity as government

The Government of Republic of Poland reserves the right to suspend or cancel

Bidding Process Schedule

Invitation for Bid

Deadline for submission of Bids

Period for validity of Bids (120 days)

Period for requesting clarifications

Period for the Contracting Authority to

Public Session for Opening sealed Bids

This Bidding Process is open to Polish Entrepreneurs only:

Legally registered in Poland and incorporated and operating in

Joint Ventures (JV) or Consortia formed

all parties to the JV or Consortium shall be jointly and

JVs and Consortia shall nominate a representative who

This Bidding Process is open to all legal entities with Articles of

All Bidders having a conflict of interest will be disqualified. Bidders

Bidders must provide evidence that they or any of their subsidiaries

Bidders shall provide evidence of their eligibility satisfactory to the

For process suppliers, bidders must provide a competent local partner

Eligible Goods, Services and Works

The aforesaid Bilateral Financial Cooperation Agreement establishes

Sub-Contractors proposed by the Bidder

Technical, Economic and Financial Capacity of Bidders

ISO 9001 Certificate

Solvency Ratio 10%

Minimum Annual Turnover

Equity = Total asset less total liabilities.

The ways to provide evidence of the aforesaid minimum economic, financial

Invitation for Bid

Clarification of Bidding Documents

A copy of all the clarifications made by the Contracting Authority to the

Amendment of Bidding Documents

The Contracting Authority may, of its own accord or in response to a request

All changes made by the Contracting Authority are deemed to be an integral

Site Visit / Clarification Meeting

10. Cost of Bidding

13.1.2 Documents regarding the Technical Proposal (to be included in

Form 4 Bidder Experience listing works of projects carried out by

ii) Form 5 Performance Schedule in which the Bidder proposes time

14. Documents Establishing the Eligibility of the Bidder

Otherwise, an authenticated copy (notarized) of the deed or

be drawn up according with the Bid Security Form included in SECTION 4

the date on which the successful Bidder submits the Performance

the expiration of the 3 (three) years deadline established in Article

fails to sign the Contract, in accordance with Clause 31 of these

Date _ of month of year ___ [state date of signature]