bidding document - cold storage for meat and associated facilities final-1

8/20/2019 Bidding Document - Cold Storage for Meat and Associated Facilities Final-1

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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

SECTION 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



2

SECTION 1

SECTION 1Invitation 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, includingdelivery 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 withthe requirements of origin established in the Bidding Documents.

4. The bidding documents shall be available in the Ministry of Agriculture, Livestockand Fisheries website www.kilimo.go.ke and the Government of the Republic ofPoland “the Ministry of Finance of the Republic of Poland website www.mf.gov.pl” Interested eligible Polish entrepreneurs may download bidding documents from thewebsites. 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 JointVenture or Consortium with other registered or non-registered Bidders. In this case,before the deadline for obtaining the Bidding Documents, the Bidders mustcommunicate to the Contracting Authority and the Government of the Republic ofPoland to participate in the Bid as a member of a Joint Venture or Consortium bysubmitting a Letter of Registration and a Letter of Appointment of Joint Venture orConsortium. A Bidder participating on its own or as a member of a Joint Venture orConsortium 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 FisheriesState Department of LivestockAddress: P. O. Box 34188-00100 Nairobi, KenyaTelephone: +254 020 2718870Email:[email protected]: www.kilimo.go.ke

9. Bids in Plain sealed envelopes, marked with the tender number and correspondingdescription to be sent or deposited in the tender box provided at Kilimo House,

reception to be received on or before 27

th

November, 2015 at 12.00 noon(East African Time). Late bids will be rejected.

http://www.kilimo.go.ke/





3

SECTION 1

10. Bids will be opened on 27th November, 2015 at 12.00 noon (East AfricanTime) in the presence of duly authorised representatives of Bidders wishing toattend and a representative of the Polish Embassy in Kenya. The opening date forthe 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 thetender sum valid for a time period of One Hundred and Fifty (150) days from thedate of bid opening.

12. One hardcopy and one electronic copy of each of the submitted Bids shall be givento the representative of the Government of the Republic of Poland Office in Kenya atthe time of the opening of the Bids.



4

SECTION 2

SECTION 2Instructions 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



5

SECTION 2

D. CONTRACT AWARD ......................................................................................26

30. Notification of Award ...................................................................................26

31. Signing of Contract .....................................................................................26

32. Performance Security ..................................................................................27

33. Ethics Clauses ............................................................................................27



6

SECTION 2

INSTRUCTIONS TO BIDDERS

A. GENERAL PART

1. 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 BiddingProcess restricted to Polish Entrepreneurs. The successful Bidders shallprovide the Services, supply, Install and Commission the Goods related to theproject 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 givenunder the General Conditions of Contract included in SECTION 6 ofthese Bidding Documents.

2. 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 ofAgriculture

2.2 The award procedure for this Project will be governed by the provisionsestablished under the Inter-Governmental Credit Agreement signed onSeptember 22nd, 2015 entered into between the Treasury of the Republic ofKenya (hereinafter referred to as the Government of Kenya) on behalf of theRepublic of Kenya and the Republic of Poland, as well as, by publicprocurement law and any other applicable law in the beneficiary country.

2.3 The Government of Republic of Poland, in its legal capacity as governmentbody responsible for the administration of the OECD regulations, will act toensure that the principles of transparency and free competition are duly

applied.



7

SECTION 2

2.4 The Government of Republic of Poland reserves the right to suspend or cancelthe financing for this Project in the event that any fraudulent practices orcorruption are found to have occurred, if the Ethics Clauses established underthese Instructions to Bidders are not adhered to or if any other irregularityoccurs in the Bidding Process that contravenes the principles of competitionand transparency, in case of any objection of OECD as to accordance of the

projects or individual contracts financed under this Agreement with theprovisions of arrangement on officially supported Export Credits, the contractwill not be financed under the Agreement irrespective of the fact thatindividual contracts within the projects have been accepted by bothcontracting parties according to Article 3 of the agreement on the extendedtied aid credit

3. Bidding Process Schedule

DATE

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 clarificationsfrom Contracting Authority

13/11/2015

Period for the Contracting Authority toanswer to requests for clarification

20/11/2015

Public Session for Opening sealed Bids 27/11/2015

4. Eligibility

4.1 Eligible Bidders

4.1.1 This Bidding Process is open to Polish Entrepreneurs only:

(a) Legally registered in Poland and incorporated and operating inconformity with the provisions of the Polish laws.

(b) Joint Ventures (JV) or Consortia formed fully by Polishcompanies legally registered in Poland:

(i) all parties to the JV or Consortium shall be jointly andseverally liable; and

(ii) JVs and Consortia shall nominate a representative whoshall have the authority to conduct all businesses for andon behalf of any and all the parties of the JV and orConsortium during the Bidding Process and, in the eventthe JV and or Consortium is awarded the Contract, during

contract execution;



8

SECTION 2

(iii) If the Bidder is in the form of JV or Consortium, anyresources of the parties under the JV or Consortium shallbe mutually bound as a one entity resource.

4.1.2 This Bidding Process is open to all legal entities with Articles ofAssociation or founding regulations that include among their aims

objectives or scope of business activity carrying out the businessactivity or providing the services comprising the Contract subject.

4.1.3 All Bidders having a conflict of interest will be disqualified. Bidderswill be deemed to have a conflict of interest in the event that:

a. they are or have, either directly or indirectly, been associated witha company or any of its subsidiaries or owned companies involvedin preparing the design, Technical Requirements and otherdocuments 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 morethan one Bid is not restricted as long as their involvement doesnot exceed 40% (forty per cent) of the total amount of the Bid.

4.1.4 Bidders must provide evidence that they or any of their subsidiariesor owned companies are up to date in compliance with their Polishtax and Social Security obligations.

4.1.5 Bidders must provide evidence that they have complied with theprovisions set down in international agreements entered into byPoland with regard to company liability, labour rights and genderequality rights and, particularly, in agreements regarding the fight

against corruption and environmental concerns of the Credit forExport Group of the Organisation for Economic Co-operation andDevelopment (hereinafter, OECD). Bidders must provide evidencethat they have not been sanctioned for any violations of humanrights, for having participated in any corrupt practices nor for havingbreached any agreements regarding workers‟ rights, childhood rightsor any other ethics in contradiction of international agreementsratified by Poland.

4.1.6 Bidders shall provide evidence of their eligibility satisfactory to theContracting Authority, in accordance with Clause 14.1 of theseInstructions to Bidders.

4.1.7 For process suppliers, bidders must provide a competent local partnerwho must be experienced and demonstrate adequate capacity tocarry out local Installation, Testing and Commissioning and handingover of the operating plant. The partner must have an establishedworkshop and equipment for backup services, spare parts and otherrelevant consumables in accordance to clause 4.2.2 of the conditionsof contract.

4.2 Eligible Goods, Services and Works



9

SECTION 2

4.2.1 The origin of the Goods, Services and Works of the Project and to befinanced by the Government of Poland must adhere to the provisionsset down within the Bilateral Financial Cooperation Agreementbetween the Government of Kenya and the Government of Poland aswell as those set down in the General Agreement regarding guidelinesfor export credit matters officially approved by the OECD.

4.2.2 The aforesaid Bilateral Financial Cooperation Agreement establishesthat the value of local cost and third country component of goods andservices shall not exceed 40% (forty per cent) of the total value ofthe exported Goods and Services. According to the Extended tied aidcredit Agreement “the local cost is defined as the part of thecommercial contract relative to the disbursements for payment of thegoods and services supplied by local companies in the Republic ofKenya under the surveillance of the contractor and conducive to the

implementation of the commercial contract ” and the “local companymeans a company which is duly registered in Kenya under theCompanies Act and whose operation is based in Kenya”.

4.2.3 Bidders must expressly state, at the time the Bid is submitted, thatall the goods and services duly comply with requirements regardingorigin and set out the corresponding countries of origin in Form 8

“Price Lists” (SECTION 4 of these Bidding Documents). Documentssubmitted as evidence of eligibility of Goods and Services mustcomprise a sworn declaration of country of origin for the Goods andServices, duly confirmed, with regard to the Goods, by submission ofan official certificate of origin, as issued by the Polish Chamber ofCommerce if the aforesaid certificate is issued in Poland and at thetime of shipment. Failure to submit such certificates or breach ofrequirements regarding origin might imply the termination of the

Contract.

4.2.4 For all purposes with regard to this Clause, the term “origin” of Goodsmust be specified pursuant to Community Customs Code (EuropeanCommunity (EEC) Regulation No 2913/92 and correspondinglegislation for execution, European Commission (EC) Rules No2454/93). Furthermore, the country of origin of the Services shall bethe same as that of the company providing the Services.

4.3 Sub-Contractors proposed by the Bidder

4.3.1 Bidders must set out in detail within the Bid all the main elements tobe subcontracted, stating the name and nationality of such proposedsub-contractor companies. The Bidder must ascertain that allproposed subcontractors duly meet eligibility requirements as setdown under Clauses 4.1 and 4.2 of these Instructions to Bidders.

5. Technical, Economic and Financial Capacity of Bidders



10

SECTION 2

5.1 In order to take part in this Bidding Process, the Bidders must providesufficient evidence to the Contracting Authority to show that they meet theminimum compulsory technical, economic and financial specifications, i.e. thatthey have the necessary capacity and sufficient resources to perform theContract effectively.

5.1.1 ISO 9001 Certificate

The Bidder must hold an ISO 9001 Certificate. In case of a Bidsubmitted by a Joint Venture or Consortium any members comprisingat least 50% (fifty per cent) of the Joint Venture or Consortium orassigned the role of leader shall provide evidence of holding the ISO9001 Certificate.

If the Bidder is not the equipment manufacturer, then the Biddermust also provide the Manufacturer/Official Distributor ISO 9001Certificate for the Key Equipment pursuant to the provisions set downunder 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 thelast 3 (three) available audited financial years as set down underClause 14.2. In case of a Bid submitted by a Joint Venture orConsortium this minimum requirement is to be fulfilled by each of themembers of the Joint Venture or Consortium.

5.1.3 Solvency Ratio ≥ 10%

Bidders must comply with a Solvency Ratio (= Total Equity1 / TotalLiabilities) ≥ 10%.

Bidders must provide evidence of compliance with this ratio for thelast 3 (three) available audited financial years as set down underClause 14.2. In case of a Bid submitted by a Joint Venture orConsortium this minimum requirement is to be fulfilled by each of themembers 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) availableaudited financial years. In case of a Bid submitted by a Joint Ventureor Consortium this minimum requirement is to be fulfilled by the JointVenture or Consortium as a whole, by adding the average turnover ofall members of the Joint Venture or Consortium.

1

Equity = Total asset less total liabilities.



11

SECTION 2

5.1.5 Bank References

Bidders must submit bank references from two major financialinstitutions of renowned international repute with which the Biddercustomarily does business.

5.2 The ways to provide evidence of the aforesaid minimum economic, financialand technical eligibility requirements are specified under Clause 14.2 of theseInstructions to Bidders.

6. Bidding Documents

6.1 The Bidding Documents comprise the documents set out below, together withany 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 andaccuracy of the Bidding Documents and its amendments, unless they wereobtained directly from the Contracting Authority.

6.3 Bidders are responsible for checking instructions, forms, terms and conditionsand specifications of the Bidding Documents.

7. Clarification of Bidding Documents

7.1 Any Bidder requiring clarification of any kind with regard to the BiddingDocuments must submit his request to the Contracting Authority, in writing,at the following address:

Ministry of Agriculture, Livestock and FisheriesState Department of Livestock

Address: P. O. Box 34188-00100 Nairobi, KenyaContact Person: Head, Supply Chain Management ServicesTelephone: +254 020 2718870Email:[email protected]: www.kilimo.go.ke






12

SECTION 2

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 underClause 3 (Bidding Process Schedule) of these Instructions to Bidders. TheContracting Authority will forward a copy of the clarifications, including adescription of the enquiries raised, without identifying the source, to allparties that obtained the Bidding Documents directly from the Contracting

Authority. If, as a result of these clarifications, the Contracting Authoritydeems it necessary to amend the Bidding Documents the procedure set outunder Clause 8 (Amendment of Bidding Documents) of these Instructions toBidders shall apply.

7.3 A copy of all the clarifications made by the Contracting Authority to theBidders shall be sent to Polish Embassy in Nairobi, Kenya

8. Amendment of Bidding Documents

8.1 The Contracting Authority may, of its own accord or in response to a requestfor clarification from a Bidder, amend the Bidding Documents, up to a

maximum of 14 (fourteen) days prior to the deadline date for submission ofBids.

8.2 All changes made by the Contracting Authority are deemed to be an integralpart of the Bidding Documents and must be notified in writing to allparticipants that obtained the Bidding Documents directly from theContracting Authority. The Bidders must immediately acknowledge receipt ofdelivery of any modification of the Bidding Documents. It will be assumed thatthe Bidders have taken such amendments into account when preparing theirBids.

9. Site Visit / Clarification Meeting

9.1 The Contracting Authority will organise site visit/ Clarification Meeting to thesuccessful bidders

10. Cost of Bidding

10.1 The Bidder is exclusively liable for costs relating to the preparation andsubmission of the Bid. The Contracting Authority shall neither be subject tonor be deemed liable for costs in any event, regardless of the modality oroutcome of the Bidding Process.

11. Language of Bid

11.1 All Bids, correspondence and documents relating to the Bids, duly exchangedbetween the Bidder and the Contracting Authority shall be drawn up in theBidding Process language, which is English.

12. Bid Price

12.1 The Price Proposal quoted by the Bidder must be set out in USD and comprisea total lump-sum and non-revisable price.

12.2 The Bidders, prior to submitting their Bid, are deemed to have satisfiedthemselves that the Bid is correct and sufficient; that they have duly takeninto 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

SECTION 2

12.3 The Bidders must quote the total cost of the project, under their soleresponsibility and in such a manner that the total Price Proposal covers allContractor obligations with regard to design, manufacturing, including anypurchases or subcontracted items, delivery, works, assembly, installation,tests and commissioning of the Project as set out in the Bidding Documents oras may be reasonably inferred from the aforesaid documents. This is deemed

to include all Contractor obligations with regard to testing, inspections andtrials prior to commissioning, as well as Contractor obligations regardingoperation, maintenance and training services and other concepts and servicesas specified within the Bidding Documents, all pursuant to the Contractprovisions. Any prices given for items for which the Bidder has not included adescription shall be deemed to have been included under other items.

12.4 The Contractor must ensure that its Technical Proposal, duly complying withthe Technical Requirements set down by the Contracting Authority, fulfils andis 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 locallycontracted or contracted from third countries and having an effect on theContract 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 theContract and may not vary on any grounds. Any Bid filed with adjustableprices 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 andproviding such details as required in Form 8 “Price Lists” (SECTION 4 of theseBidding Documents).

12.8 Prices quoted by the Bidders shall correspond to 100% (one hundred percent) of the items specified in SECTION 5, Technical Requirements. All itemsas per SECTION 5, Technical Requirements, shall be awarded in a singleContract.

12.9 Bidders shall include prices in accordance with the Technical Requirementsspecified under SECTION 5, Technical Requirements of these BiddingDocuments.

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) Form 1 “Bid Form”, by means of which the Bidder duly accepts theterms and conditions set out within these Bidding Documents.This Form must be signed either by a person with sufficient legalrights to oblige the Bidder or by a person with sufficient legalrights to oblige the Joint Venture or Consortium, in the event thatsuch rights have been granted.



14

SECTION 2

ii) Form 2 “Bidder Information”, together with documents asevidence of Bidder eligibility pursuant to Clause 14.1 of theseInstructions to Bidders.

iii) Form 3 “Economical and Financial Capacity”, together withdocuments as evidence of technical, economic and financial

capacity pursuant to Clause 14.2.1 of these Instructions toBidders.

iv) Bank references from at least two (2) first class financial entitieswith whom the Bidder operates pursuant to Clause 14.2.2 of theseInstructions to Bidders.

v) The ISO 9001 Certificate pursuant to Clause 14.2.3 of theseInstructions to Bidders.

vi) Bid Security, pursuant to Clause 17 of these Instructions toBidders 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 inenvelope B). Documents proving that the Works, Goods and Servicesoffered, duly comply with the Technical Requirements included in theBidding Documents, possibly comprising printed material, drawingsand details and necessarily containing:

i) Form 4 “Bidder Experience” listing works of projects carried out bythe Bidder over the past 10 (ten) years, accompanied bycertificates of satisfactory execution issued by the correspondingbeneficiaries.

ii) Form 5 “Performance Schedule” in which the Bidder proposes timeperiods for executing the Project, providing a general descriptionof the methods to be used in execution of the Project.

iii) Form 7 “Manufacturer/Official Distributor Authorisation” . If theBidder is not the equipment manufacturer, then the Bidder shallsubmit a Manufacturer/Official Distributor Authorization for theKey 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 tocomplete this form in accordance with the instructions provided inthis Bidding Documents. Manufacturer/Official DistributorAuthorisation shall be written on Manufacturer/Official Distributorheaded notepaper and be signed by the person duly authorised tosign documents in such a manner as to oblige theManufacturer/Official Distributor.

v) Documents as evidence that Goods, Services and Works of theProject, are in compliance with Clause 15 of these Instructions toBidders.



15

SECTION 2

vi)Any other documents as specified under SECTION 5, TechnicalRequirements 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 theseBidding Documents. This form must be signed by the person withsufficient legal power to oblige the Bidder or the person withsufficient power to oblige the Joint Venture or Consortium, in theevent 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 takepart in this Bidding Process together with the Bid. The documents shall besubmitted 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 ofamendment duly recorded, as appropriate, on the MercantileRegistry, if such requirement is compulsory under applicablemercantile law.

Otherwise, an authenticated copy (notarized) of the deed ordocument of incorporation, articles of association or founding act,stating the rules governing the business activity, recorded, as

appropriate, on the corresponding Official Register.



16

SECTION 2

14.1.3 Original or duly authorized copy of the power of attorney authorizingthe signatory of the Bid to sign the Form 1 “Bid Form” and allsubmitted documents.

14.1.4 Documents evidencing that the Bidder has properly fulfilled the dueand payable obligations relating to taxes and Social Security

obligations as required by Polish laws. For these purposes, Biddersshall submit certifications issued by their national State Tax‟s and

Social Security‟s entities, not before 6 (six) months before the date ofpublication of this Bidding Documents.

14.1.5 A solemn declaration signed by an authorized representative of theBidder stating that no enforced settlement, bankruptcy or liquidationproceedings have been initiated against the Bidder by virtue of acourt decision or some other enforceable decision including also thatthe Bidder is not under supervision of the court, having the businessactivities suspended, and/or executive directors acting for and onbehalf of companies are not serving criminal sanction.

14.1.6 A solemn declaration evidencing that the Bidder is not under adeclaration of ineligibility to contract in accordance with the PolishLaw on Public Procurement and that they had not been punished withthe 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 theseInstructions to Bidders, together with the Bid.

14.2.1 Economic and Financial Capacity according to the Form 3 “Economicand Financial Capacity”, together with Certified Financial Statements,

including Balance Sheets, Statements of Loss and Profit, AnnualReports, Statements of Changes in Equity, Cash-Flow Statements(this document shall not be submitted if the Bidder is able to file hisannual accounts using the abbreviated model or the model for smalland medium enterprises under the regulation in force) and auditor‟sreports for the last 3 (three) fiscal years. Such documents shall havebeen audited and registered in English. In case the Bidder has noobligation to audit its accounts, he shall provide information of thelegal 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 withwhom the Bidder operates. These references must state the numberof years of the Bidder‟s relationship with the Bank.

14.2.3 The ISO 9001 Certificate in force. If the Bidder is not the equipmentmanufacturer, then the Bidder must also submit the ManufacturerISO 9001 Certificate for the Key Equipment pursuant to theprovisions set down under the Technical Requirements, SECTION 5 ofthese Bidding Documents.

14.3 Bids submitted by a Joint Venture or Consortium shall comply with thefollowing requirements:



17

SECTION 2

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 JointVenture or Consortium as well as all further documents to besubmitted 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 provideevidence of holding the ISO 9001 Certificate in force. In any case theJoint Venture or Consortium must also submit the Manufacturer ISO9001 Certificate for the Key Equipment pursuant to the provisions setdown under the Technical Requirements, SECTION 5 of these BiddingDocuments.

14.3.3 One of the members shall be appointed as main partner responsiblefor the Contract and the appointment confirmed by submission ofpowers of representation (i.e. original or authenticated copy) dulysigned by legally authorised signatories representing each of themembers.

14.3.4 The Bid and the Contract, in the event that formally selected, shall besigned by all companies forming part of the Joint Venture orConsortium in such a way and is to create an obligation that is legallybinding on all the partners.

14.3.5 All the partners will be deemed jointly and severally liable with regardto the Bid and fulfilment of the Contract pursuant to the conditionsset out therein should the Bid be chosen; this must be set down inwriting within the documents referred to in Clause 14.3.6 of theseInstructions to Bidders.

14.3.6 The original or a notarized copy of the Joint Venture or Consortiumagreement signed by all the partners must be submitted togetherwith the Bid and this must set out the percentage stakeholding in theProject of each partner together with either the joint liability of all thepartners regarding performance of the Contract, pursuant to theContract conditions, or a letter of intent that the Joint Venture orConsortium will enter into an agreement if selected, duly signed by allthe partners and with a copy of the proposed agreement attachedthereto.

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 incompliance with the requirements of these Bidding Documents, the Biddersshall, as part of the Bid, provide documents as evidence that the Project dulycomply with Technical Requirements specified under SECTION 5, TechnicalRequirements of these Bidding Documents. The documents provided by theBidders shall be, at least, the following:

a. Equipment layout plan

b. Technical Specification of the Cold Storage Rooms for Meat andAssociated Facilities;

c. Performance Schedule;



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SECTION 2

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 printedliterature, drawings or information and shall include a detailed description of

the essential technical and operational characteristics for each particularGoods, Services and Works included in the Bid showing that the TechnicalRequirements do meet the compulsory Technical Requirements.

15.3 Bidders shall submit documents as evidence that the Bid meets theestablished Technical Requirements and that it is suitable for the intendedpurposes 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) daysafter 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 initialplanned validity period expires, the Contracting Authority may request anextension of the aforesaid time period from the Bidders in writing. Biddersaccepting that request will not be authorised to amend their Bid. If a BidSecurity has been required pursuant to Clause 17 of these Instructions toBidders, then this must also be extended by the corresponding time period.Bidders may refuse that request without the Bid Security being rendered in-effective. Nevertheless, the Contracting Authority will exclude the Bid fromthe 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 partof 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 theBidder;

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 theContracting Authority prior to Bid submission;

d. be set down in abstract terms and payable at first call, upon writtenrequest from the Contracting Authority in the event that any of thescenarios set down under Clause 17.5 of these Instructions to Biddersoccurs;

e. be submitted as an original document; no copies will be accepted;

f. remain valid for a period of 30 (thirty) days beyond the period of validityof the Bids, as extended, if applicable, in accordance with Clause 16

Period of Validity of Bids of these Instructions to Bidders;



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SECTION 2

g. if the particular Bid is the successful Bid, then the validity of the BidSecurity must be extended and will remain in force from the date ofissuance until the earliest of the following:

the date on which the successful Bidder submits the PerformanceSecurity pursuant to Clause 32 of these Instructions to Bidders;

the expiration of the 3 (three) years deadline established in Article45.2, General Condition of Contract, SECTION 6 of these BiddingDocuments.

17.3 Any Bids without an attached Bid Security duly responding to therequirements set down in the Instructions to Bidders, shall not be consideredby the Contracting Authority.

17.4 Bid Security from unsuccessful Bidders will be returned within a maximumtime 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 theBidder on the Bid Form included in SECTION 4 “Bid Forms” of theseBidding Documents; or

b. the awarded Bidder:

• fails to sign the Contract, in accordance with Clause 31 of theseInstructions to Bidders; or

• fails to submit the Performance Security, in accordance with Clause 32

of these Instructions to Bidders.



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SECTION 2

17.6 The Bid Security from a Joint Venture or Consortium must be issued in thename of the Joint Venture or Consortium that submits the Bid. In the eventthat the Joint Venture or Consortium concerned has not been legallyconstituted at the time the Bid submitted, then the Bid Security must bedrawn out jointly and severally in the name of all future partners or membersof 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 andPrice 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 willonly 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 nolater than the time and on the date set out in the Invitation for Bids andClause 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 receiptby 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 toBidders.

19.4 The external envelope shall include two (2) clearly identified sealedenvelopes, (envelope A: Administrative / Legal Documents; envelope B:Technical Proposal and priced Proposal); each of the envelopes shall containthe original documents, clearly marked as “ORIGINAL”, and three (3) copiesof the aforesaid original document, each of which shall be marked “COPY” .

19.5 Bidders must deliver the copies referred to in the previous paragraph asfollows: four (4) hard copies and four (4) electronic copies, i.e. on a compactdisc (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 originalprinted 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,Ministry of Agriculture, Livestock and FisheriesState Department of Livestock

P. O. Box 34188-00100Nairobi, 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”;



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SECTION 2

c. the specific identity reference for this Bidding Process as set out in theseBidding Documents; and

d. the warning “DO NOT OPEN PRIOR TO THE TIME AND DATE FOR

OPENING BIDS ” .

If the external envelope does not have a security seal and is not marked asestablished under this Clause, the Contracting Authority may not be deemedliable for the loss or premature opening of the Bid.

19.7 The internal envelopes shall:

a. refer, as appropriate, Envelope A: Administrative Documents; EnvelopeB: Technical Proposal; Envelope C: Price Proposal.

b. Contain the original documents, clearly marked “ORIGINAL” and thecopies of the aforesaid original documents marked “COPY”.

c. Incorporate the specific Bidding Process identification as set out in theseBidding Documents.



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SECTION 2

20. Deadline for Submission of Bids

20.1 The Bidders shall submit their Bids at the address specified under Clause 19.6of these Instructions to Bidders, prior to the date set out in the Invitation forBid and Clause 3 (Bidding Process Schedule) of these Instructions to Bidders.

20.2 The Contracting Authority may extend the deadline for the submission of Bidsby amending the Bidding Documents, pursuant to Clause 8 of theseInstructions to Bidders. In that event, all rights and obligations of theContracting Authority and Bidders will be extended for an identical period oftime.

21. Late Bids

21.1 The Contracting Authority shall not consider any Bids that are received afterthe deadline for submission of Bids, in accordance with Clause 20 (Deadlinefor Submission of Bids) of these Instructions to Bidders. All Bids delivered tothe 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 tothe deadline for submission of Bids in accordance with Clause 20 of theseInstructions to Bidders. No further changes may be made to the Bids afterthis deadline. Bids may be withdrawn unconditionally and the partywithdrawing the Bid may not thereafter participate in the Bidding Process.

22.2 No Bid may be withdrawn during the time period between the final deadlinefor 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 eventthat any Bid is withdrawn during the aforesaid period then the Bid Securitywill 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 theBids 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 establishedrequirements.

23.2 Bids will be opened at a public session on the date and the addressestablished in the Invitation for Bids by the Evaluation Committee appointedfor that purpose, in the presence of those Bidders willing to attend or theirrepresentatives. The Tender Processing Committee will take minutes of saidmeeting.



23

SECTION 2

23.3 The names of Bidders, prices of Bids, the existence of the required BidSecurity and any other details the Contracting Authority may deemappropriate to communicate shall be announced at the Bid opening sessionand shall be recorded by the Opening Committee in the minutes of the Bidopening 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 dulyauthorized representative in Nairobi shall be invited to attend the Bid OpeningSession.

23.5 The Contracting Authority shall send one (1) hard copy and one (1) electroniccopy of the documents included in the envelopes, Administrative Documents,Technical Proposal and Price Proposal to the Polish Government Nairobi or itsduly Authorised representative.

24. Confidentiality

24.1 The Evaluation Committee will not disclose any information regardingchecking, explanations, rulings or comparison of these Bids, nor make anyrecommendations regarding awarding the Contract to any party not officiallytaking part in the proceedings up until the name of the successful Bidder isadvised.

24.2 Any attempt on the part of a Bidder to influence the Evaluation Committee orthe Contracting Authority during the review, clarification, evaluation orcomparison of these Bids, to obtain information regarding how the procedureis progressing or to affect the decision of the Contracting Authority regardingawarding 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 correcterrors that can be remedied, or to clarify certain aspects of the Bid wheneverthis is necessary in order to check the Bids.

25.2 Such request for clarification and/or remedy and the corresponding repliesmust be set down in writing. They may in no circumstances alter or try tochange the price or content of the Bid, except to correct arithmetical errorsnoticed by the Evaluation Committee when analysing the Bids pursuant toClause 28 (Nonconformities, errors and omissions of these Instructions toBidders.

25.3 The Bidder shall respond to the Contracting Authority within the time periodestablished by the latter in the request for clarification or remedy and if it failsto do so the Bid will be rejected.

25.4 All clarifications/remedies are deemed to form an integral part of the Bidssubmitted.

26. Responsiveness of Bids

26.1 Bids may be rejected, subjected to conditions, if incomplete, illegible, andunclear, if they contain additional information not required or any other

irregularities.



24

SECTION 2

26.2 Prior to commencing the detailed analysis and evaluation of these Bids, theTender 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 financialsolvency conditions;

e. is substantially prepared according to the Bidding Documents.

26.3 Bids shall be deemed to be substantially responsive whenever they have beensubstantially prepared according to the requirements set out in the BiddingDocuments without any material deviation or reservation. The following areconsidered material deviations and reservations:

a. Any that in some manner affect the scope, quality or execution of theTechnical Requirements, or

b. Which essentially limit the rights of the Contracting Authority or theBidder contractual obligations and contradict the Bidding Documents, or

c. Whenever correction might affect the competitive position of otherBidders 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 ofthese Instructions to Bidders.

27.2 In order to evaluate and compare the Bids, the Evaluation Committee shallapply the evaluation criteria as defined and considered under SECTION 3 ofthe Bidding Documents, “Evaluation Criteria” , in order to ascertain which themost favourable Bid is. No other criteria or methodology shall be permitted.

27.3 The Polish Embassy in Nairobi or its duly authorized representatives may bepresent during the Bid Evaluation Process.

28. Nonconformities, errors and omissions

28.1 The Evaluation Committee shall analyse Bids deemed substantially responsiveand make sure they do not contain any arithmetical errors. They will correctany errors that may occur as follows:

a. In the event of a discrepancy between a unit price and the total priceobtained by multiplying said unit price by the corresponding amounts,then the unit price will prevail and the total price will be corrected. If, inthe opinion of the Contracting Authority, there has been an obviousmistake in placing the decimal point then the total amount quoted will

prevail and the unit price corrected;



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SECTION 2

b. If there is an error in the total amount corresponding to adding orsubtracting sub-totals, then the sub-totals will prevail and the totalamount will be corrected;

c. If there is a discrepancy between words and figures, then the amount inwords will prevail unless the amount in words corresponds to an

arithmetical error and in that event the amounts in figures, pursuant tothe aforementioned paragraphs (a) and (b), will prevail.

28.2 In the event of a discrepancy between the tender amount as stated in the bidform and the corrected tender figure in the grand summary of the bills ofquantities, the amount as stated in the bid form shall prevail.

28.2.1 The error correction factor shall be computed by expressing thedifference between the tender amount and the corrected tender sumas a percentage to correct the unit rates. If the Bidder does notaccept the correction, then the Bid will be rejected and the BidSecurity executed.

28.2.2 The error correction factor shall be applied to all unit rates (as arebate or addition as the case may be) for the purposes ofregularizing 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 BiddingProcess and to reject all the Bids. The Contracting Authority equally reservesthe right to initiate a new Bidding Process. Cancellation may take place in thefollowing scenarios:

a. If the Bidding Process is abandoned, i.e., if no Bid has been received or ifnone of the Bids received deserves to be selected from the qualitative oreconomic point of view;

b. whenever technical or price project elements need to be fundamentallychanged;

c. whenever exceptional circumstances or circumstances of force majeurerender it impossible a normal execution of the Project;

d. Whenever serious irregularities have occurred in procedure preventingthe process from being carried out under fair competitive conditions.



26

SECTION 2

29.2 The decision not to accept any of the Bids, together with the correspondingreasons, must be notified immediately by the Contracting Authority to allBidders and to the Representative of the Polish Government in Nairobi.

29.3 If the Bidding Process is cancelled before any external Bidder envelopes hasbeen 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 orinterest, whatever the nature thereof and however related to cancellation of aBidding Process.

D. CONTRACT AWARD

30. Notification of Award

30.1 Prior to expiry of the time period for validity of the Bid, the ContractingAuthority 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 theevaluation process.

30.2 The Contracting Authority, prior to notifying the award to the successfulBidder, 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 otherAuthorized body. Such approval must be set down by means of a letter issuedby the Council of Ministers of Poland or any other Authorized body indicatingthe “Non-Objection” to the proposed award of the Contract and only after thereceipt of this letter, the Contracting Authority shall be able to notify to thesuccessful Bidder of the award of the Contract.

30.3 The Contracting Authority will forward to the selected Bidder, the Notice ofAward together with the Contract Agreement and the General Conditions ofthe Contract, as set out under SECTION 6 of the Bidding Documents, whichunder any circumstance can be modified.

30.4 Up until the Contract Agreement included in the SECTION 6 of these BiddingDocuments is duly signed, the Notice of Award shall constitute a bindingContract between the Contracting Authority and the successful Bidder.

30.5 As soon as the Contract has been signed between the Contracting Authorityand the successful Bidder has provided evidence that its Bid Security is inforce pursuant to the provisions set out in these Instructions to Bidders, theContracting Authority shall, promptly notify the other Bidders that their Bidshave 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 successfulBidder shall sign, date and return it to the Contracting Authority.



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SECTION 2

31.2 In the event that the successful Bidder fails to sign and return the ContractAgreement providing the required bank guarantees within a time period of 30(thirty) days after receipt of the Notice of Award, then the ContractingAuthority may deem the award carried out null without prejudice to any legalaction that the Contracting Authority may be entitled to initiate in order toclaim for damages caused by non-compliance in respect of such failure and

the successful Bidder may not make any claim against the ContractingAuthority.

31.3 If the successful Bidder fails to sign the Contract, this shall be deemedsufficient cause to cancel the award of the Contract and to execute the BidSecurity. The Contracting Authority may, in that event, award the Contract tothe Bidder with the second best evaluated Bid.

31.4 In the event that any amendments or clarifications have been made to theContract Agreement and to the General Conditions of Contract, theContracting Authority shall submit to the Council of Ministers of Poland ortheir 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 Government‟s tied aid credit, the ContractingAuthority will notify the Contractor the obligation of furnishing thePerformance Security that will replace the Bid Security. Within 30 (thirty)days of the receipt of this notification from the Contracting Authority, theContractor shall furnish the Performance Security in accordance with theArticle 17 of the General Conditions of Contract, using for that purpose the

“Performance Security Form” included in Annex I, SECTION 6 Contract ofthese Bidding Documents.

32.2 In the event that the successful Bidder fails to submit the aforesaidPerformance Security, this will be deemed sufficient grounds to cancel theaward 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, toenter into illegal agreements with competitors or influence the EvaluationCommittee or the Contracting Authority at any time during the procedure forreview, clarification, evaluation and comparison of the Bids will lead to theBidder or Bid concerned being rejected and the possibility of administrativesanctions being applied.

33.2 The successful Bidder (hereinafter referred to as the Contractor) or itspersonnel, or any other Company with which the Contractor is associated orhas ties, may not carry out any other work or supply any other works thatmay arise in relation to the Project, without the prior authorisation in writingof the Contracting Authority. The aforesaid prohibition also applies, asappropriate, to other projects in which the Contractor may, due to the natureof Contract, find itself in a conflict of interest scenario.



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SECTION 2

33.3 At the time of submitting the Bid, the Bidder must declare that no potentialconflict of interest exists and that the latter has no equivalent type ofrelationship in that regard with other Bidders or with other parties involved inthe Project. If such a situation were to occur during the time period forperformance of the Contract, the Contractor is under an obligation to informthe Contracting Authority without delay.

33.4 The Contractor must act impartially at all times, with good faith, fairness andmaximum diligence also serve as legal adviser pursuant to the ethics code forthe particular profession. The Contractor must refrain from making any publicdeclarations regarding either the Project or services without prior approval ofthe Contracting Authority. The Contracting Authority may not be obliged inany way without its prior consent in writing.

33.5 The Contractor and its personnel must respect human rights throughoutperformance 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 mustrefrain from carrying on any business activity or from receiving any bonusthat comes into conflict with its obligations with regard to the ContractingAuthority.

33.7 The Contractor and its personnel will remain subject to professional secrecythroughout the Contract term and beyond termination. All reports anddocuments received or drawn up by the Contractor within the framework ofperformance 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 compromiseits independence or that of its personnel. In the event that the Contractorceases to be independent, then the Contracting Authority may terminate theContract without any requirement to provide notice in view of any harm theymay have incurred as the result of such loss of independence. The Contractorshall furthermore not be entitled to claim compensation of any kind.

33.10 The Government of the Republic of Poland reserves the right to suspend orcancel the financing for this Project in the event that any fraudulent practicesor corruption are found to have occurred, if the Ethics Clauses establishedunder these Instructions to Bidders are not adhered to or if any otherirregularity occurs in the Bidding Process that contravenes the principles ofcompetition and transparency, in case of any objection of OECD as toaccordance of the projects or individual contracts financed under thisAgreement with the provisions of arrangement on officially supported ExportCredits, the contract will not be financed under the Agreement irrespective ofthe fact that individual contracts within the projects have been accepted byboth contracting parties according to Article 3 of the agreement on theextended tied aid credit



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SECTION 2

33.11 If the award or operational performance of the Contract gives rise to anyunusual commercial costs, the corresponding Bid will be rejected or theContract terminated. «Unusual commercial costs» are deemed to refer to anycommission not referred to within the Contract and not arising from aContract set down in a valid form and referring to this main Contract; anycommission not comprising consideration for a legitimate and effectively

provided service; any commission paid to a tax haven and any commissionpaid to a beneficiary that is not clearly identified or to a company thatappears to be a front company.

33.12 The Contractor undertakes to submit all documents as evidence of compliancewith these conditions for performance of the Contract to the Polishgovernment or to such persons as the latter may designate and at the requestof the latter. The Polish government, or its representative, may carry out alldocument or site checks, among other, at the company headquarters and atthe Site, as it deems necessary to gather evidence to corroborate anysuspicion that unusual commercial costs have occurred.



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SECTION 3

SECTION 3Evaluation and Qualification Criteria

Table of Contents

1.

Introduction……….. ...........................................................................................31

2.

Evaluation Criteria ...........................................................................................31

3. Evaluation Table.. ............................................................................................36



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SECTION 3

1. Introduction

This SECTION complements the Instructions to Bidders. It contains the criteria thatthe Contracting Authority shall use to evaluate a Bid and determine whether aBidder has the required qualifications.

Only Bids considered to be substantially responsive, in accordance with Instructionsto Bidders Clause 26, shall be evaluated. The evaluation shall take into account notonly the Bid Price, but also the Technical Proposal of the Bid, and the capability toperform the Contract.

The purposes of the evaluation process is to identify the Bidder most likely to enablethe Contracting Authority to achieve its objectives of having the Project completedon time, meets the published criteria and are within the budget available.

Before the evaluation process, the Evaluation Committee will check the fulfilmentand justification of all administrative requirements and documents comprising theBid 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 distributedaccording to the following criteria:

1. Technical Proposal evaluation (TP) shall have a maximum score of600 (six hundred) points.

2. Price Proposal (PP) shall have a maximum score of 400 (fourhundred) points.

The calculation to determine the best evaluated Bid shall be conducted by thefollowing 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 andare substantially responsive to the Bidding Documents, on the basis of theirevaluated cost. Among the Bids which conform to the Project, the Bid with thehighest evaluated score, not necessarily the lowest submitted price shall be selectedfor 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 followingcriteria. All Bids with a Technical Proposal score lower than 400 (four hundred)points shall be rejected and not considered for further evaluation.



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SECTION 3

2.1.1. Bidder’s Experience. Maximum 100 (one hundred) points:

The Bidder shall demonstrate his total experience in projects asprincipal contractor, which shall be evaluated according to the followingcriteria:

Company experience Maximumscore

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 projectsexecuted by itself in the last 10 (ten) years by providing evidence ofexecuted projects with a value that exceed 2m (two million) USD.

Specific experience:

Each Bidder shall be assessed on his specific experience in executedprojects carried out in the region (African countries) and/or of similarnature of the Project. Projects shall be considered to be of similarnature if they are related to Cold Storage Rooms for Meat andAssociated Facilities, including design, supply and installation of the

equipment as a whole.

A maximum of 10 (ten) references, not older than 10 (ten) years, shallbe submitted by each Bidder in this item. Only references above100,000 (one hundred thousand US dollars) shall be considered.

Each project reference shall be assessed for compliance with the twosub-criteria and the maximum score that can be allocated to eachexperience in each of the sub-criteria is 6 (six) points.



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SECTION 3

In the case the Bidder is a Joint Venture or a Consortium, theevaluation of the Bidder‟s 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, theaspects to be considered shall be those that relate to the role that thecompany undertakes in the association.

Bidders shall submit a Bidders Experience Form (SECTION 4, BiddingForms) per executed Contract. In addition, Bidders shall attach to eachof these Bidders Experience Forms, references from the End Users(beneficiaries), such as a certificate, or a letter signed by theresponsible person stating that the project was successfullyimplemented by the Bidder. The Bidders shall submit the documentstranslated into English.

If the Bidder has participated in a Joint Venture or a Consortium, hemust indicate the percentage of his participation in order to calculatethe 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 ofthe Technical Requirements according to SECTION 5 of the BiddingDocuments.

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 ContractingAuthority and the quality and clarity of the proposal.

Bidders must include in their proposal a complete equipmentlayout to scale, otherwise, the proposal will be rejected.

2.1.2.2 Technical specification of the Cold Storage Rooms forMeat and Associated Facilities. Maximum 225 (twohundred twenty five) points.

The equipment proposed by the Bidder in their TechnicalProposal will be evaluated in accordance to the fulfilment ofthe Technical Specification of the “Key Equipment” according

to SECTION 5, Technical Requirements of the BiddingDocuments. Bids will be eliminated and consequently will notbe technically evaluated in the following circumstances:

a) The Bid submitted is technically incomplete.

b) The Key Equipment offered by the Bidder in a Bid obtainsan 80% (eighty per cent) or less of fulfilment of therequired technical specification.

c) Not submission of the technical documentation requiredand necessary for the evaluation. In this sense the

documentation required are as follow:



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SECTION 3

1. Documentary evidence that the equipment offered bythe Bidder conforms to the technical specificationsand standards specified in SECTION 5, TechnicalRequirements. The documentary evidence may be inthe form of literature, catalogues, drawings or data.The catalogues will be in English.

2. Manufacturer / Official Distributor Authorization forthe “Key Equipment” included in SECTION 4 “BidForms” in accordance with Instructions to BiddersClause 13.1.2.

3. ISO 9001 Certificate in accordance with Instructionsto Bidders Clause 5.1.1 and 14.2.3.

Evaluation of the technical specifications of the “Key Equipment” shall be made accordingto the following chart:

Technical specifications Score

Major improvement of Technical Requirements (>50% KeyEquipment)

225

Medium improvement of Technical Requirements (<25% KeyEquipment)

200

Minor improvement of Technical Requirements (<10% KeyEquipment)

175

Substantially complies the Technical Requirements 150

Fails to substantially comply the Technical Requirements Rejected

2.1.2.3 Performance Schedule. Maximum 25 (twenty five) points.

The Performance Schedule shall be evaluated establishing acriterion for comparing Bids. Bidders should include in their

proposals all the necessary documentation required inTechnical Requirements (SECTION 5, Bidding Documents) toassess their Performance Schedule.



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SECTION 3

2.1.2.4 Technical Warranty, Preventive MaintenanceProgramme and After-sales Service. Maximum 25(twenty five) points.

Warranty, Preventive Maintenance and After-sales ServiceProgramme shall be evaluated according to the fulfilment of

the requirements specified in the Technical Requirements(SECTION 5, Bidding Documents) and establishing a criterionfor comparing Bids. The Bids to be submitted shall include alladequate documentation in order to be able to evaluate thefulfilment of said requirements.

2.1.2.5 Training Programme. Maximum 75 (seventy five)points.

The Training Programme shall be evaluated according to the

fulfilment of the requirements specified in the TechnicalRequirements (SECTION 5, Bidding Documents) in order tobe able to evaluate the fulfilment of said requirements andestablishing a criterion for comparing Bids

The Bids to be submitted shall include the following:

Curriculum Vitae of each member of the training teamfor all courses.

Detailed Schedule of the proposed training program tobe included in the Project Delivery Schedule.

Chart indicating the number and characteristics ofbeneficiaries for each training course.

Details of the location of the training courses and thespecific 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 usingthe following formulae:

Where:

“LPP” is the Lowest Price Proposal measured in Dollars;

“BPP” is the Price Proposal in Dollars proposed by the Bidder beingevaluated; and

Bidder’s Price Score= 400 x

LPP

BPP



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SECTION 3

3. Evaluation Table

EVALUATED

CONCEPTS

MAXIMUM BIDDER 1 BIDDER 2 … BIDDER N

POINTS Bidder’s Name Bidder’s Name Bidder’s

Name

Bidder’s

Name

TECHNICAL PROPOSAL

EVALUATION600

Bidder's Experience 100

General Experience 60

Specific Experience 40

Technical Requirements 500

Design 150

Technical Specification of theEquipment

225

Performance Schedule 25

Technical Warranty, PreventiveMaintenance and After-sales Service

Programme

25

Training Programme 75

PRICE PROPOSAL EVALUATION 400



37

SECTION 3

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 whohas the highest score obtained in the Technical Proposal Evaluation.



38

SECTION 4

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



39

SECTION 4

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 tothis 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 doaccept 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 tothe Bidding Documents:

Works including:

Supply, delivery, installation, testing and commissioning of Meat Products Cold Storage facilities and Associatedaccessories 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 for12 (twelve) months, after-sales service and training.



40

SECTION 4

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 andlegal 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 submissiondeadline. 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 BiddingDocuments).

g. Our Company duly complies with the eligibility requirements established under Clause 4 of the Instructions to Bidders (SECTION 2of 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 andServices 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 byprohibition 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 commercialliability, labour rights and gender equality and particularly agreements regarding the fight against corruption and environmentalconcerns of the Credit for Export Group of the Organisation for Economic Co-operation and Development (OECD). Compliancewith the aforesaid agreement also implies not having contributed to any breach of human rights, no involvement in corruptionpractices 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 theseBidding Documents) and we particularly declare that we are not involved in any possible conflict of interest scenarios nor anyequivalent type of relationship with other Bidders or parties having an interest in the Bidding Process at the time this applicationis submitted.



41

SECTION 4

l. We understand that this Bid, together with the appropriate acceptance in writing from the Contracting Authority by means of aNotice of Award, comprises a contractual obligation between us, until replaced upon signing the firm and final Contract. TheSuccessful Bidder must, for that purpose, complete the Contract Agreement pursuant to instructions set out therein and nochanges or replacements will be permitted either to the Contract Agreement and the General Conditions of the Contract (SECTION6 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]



42

SECTION 4

Form 2. Bidder Information Form


<The Bidder must complete this form in accordance with the instructions given between square brackets [ ]. No alterations to thisform 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 Biddersigning 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]



43

SECTION 4

[If the Bidder is constituted as a Joint Venture or Consortium, please attach a

form providing information about each of the members comprising theconsortium 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]



44

SECTION 4

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 (thisdocument shall not be submitted if the Bidder is able to file its annual accounts using the abbreviated model or the model for small andmedium enterprises under the regulation in force) and auditor‟s reports for the last 3 (three) fiscal years. Such documents shall beaudited and registered before the relevant public registry and translated into English. In case the Bidder has no obligation to audit itsaccounts, 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, ifsubmitted on a different basis, the change must be explained in a footnote beneath the table). Any clarification or explanationconsidered 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 themembers of the Joint Venture or Consortium as well as a table for the Joint Venture or Consortium as a whole, which must be ascalculated from the data submitted by the members, pursuant to Clause 5 of the Instructions to Bidders (SECTION 2 of the Bidding

Documents).

Financial data

Pre-

penultimate

financial

year

USD

Penultimate

financialyear

USD

Last

financialyear

USD

Average

USD



45

SECTION 4

Financial data

Pre-

penultimate

financial

year

USD

Penultimate

financial

year

USD

Last

financial

year

USD

Average

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 (= TotalEquity1 / TotalLiabilities) ≥ 10%

11. Current ratio (=Totalcurrent assets / Total

1 Equity = Total asset less total liabilities.



46

SECTION 4

Financial data

Pre-

penultimate

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 BiddingDocuments) to this Form.




Date _______ of month __________ of year _______ [state date of signature]



47

SECTION 4

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 Contractor Sub-Contractor

Total contract amountAmount: Amount:

__________________ ______________ EUR(1)

If member of a Consortium or sub-Contractor, please specify stake

__________%Total ContractValue:

Bidder‟s Amount:



48

SECTION 4

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 theLaboratories]

(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 theoriginal language and attaching a translation to the Bidding Process language.




Date ___of month ____ of year __________ [state date of signature]



49

SECTION 4

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]



50

SECTION 4

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:

2.

Title position:

Name of candidate:

3.

Title position:

Name of candidate:



51

SECTION 4

4.

Title position:

Name of candidate:




Date __of month ______ of year _________ [state date of signature]



52

SECTION 4

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 Experience

Languages andlevel (VG, G, A)

Specialist fields

5.Present Employment

Name of Employer Address of Employer Telephone and email

Contact (manager/ personnelofficer)

Job title of candidate Years with present employer

Summarize professional experience over the last 15 (fifteen) years in reverse chronologicalorder. Indicate particular technical and managerial experience relevant to the Project

From To Company/ Project/ Position/ Relevant technical and managementexperience



53

SECTION 4




Date _____ of month _____of year ________ [state date of signature]



54

SECTION 4

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 ofauthorisation should be set out on Manufacturer/Official Distributor headed note paper and signed by the person duly authorised tosign 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 thesole purpose of supplying the following Goods [name and brief description of goods], for the Project “Installation, Testing andCommissioning 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 properand 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 authorizedto act on our behalf with respect to any or all matters relating to the Goods represented, to warranty the proper and continuefunctioning of the Goods.

[Choose one of the following options]

We declare to be in possession of the ISO 9001 Certificate [in case Manufacturer ].



55

SECTION 4

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]



56

SECTION 4

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 2 3 4 5 6 7 8 9

ItemNo.

Description Quantity Supplier Manufacturer ModelCountry of

origin*Unit price**

(USD)

Total Price**(col. 3 x col. 8)

(USD)

Cold Storage Rooms for Meat and Associated Facilities

TOTAL



57

SECTION 4

A.1.2 Price for Spare Parts, Consumables and Special Tools

1 2 3 4 5 6 7 8 9 10

Item No.of thespare

part/consu

mable

Item No. ofthe equipmentrelated to the

sparepart/consumab

le

Description Quantity Supplier Manufacturer ModelCountry of

origin*

Unitprice**

(USD)

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 beconsidered 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.



Duly authorised to sign the Bid for and on behalf of: <state the full name of the Bidder>




58

SECTION 4

A.1.3 Summary of Prices for imported Goods Polish /or third country origin)

COLD STORAGE ROOMS FOR MEAT AND ASSOCIATED FACILITIES

ITEM Description TOTAL QTY.Unit Price

(USD)

Total Price

(USD)







59

SECTION 4

A.2 Services (Polish /or third country origin)

1 2 3 5 6 7 8

Item No. Description QuantitySupplier/Sub-

ContractorCountry of

origin*

Unit price(USD)

Total Price ProjectSite/Location(col. 3 x col.7)

(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]



60

SECTION 4

B. LOCAL COST*

1 2 3 4 5 6 7 8

Item No./Service

Description ofGoods/Services

QuantitySupplier/Sub-

ContractorManufacturer Model

Unit price(USD)

Total PriceProject 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).

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>





61

SECTION 4

C. BID SUMMARY PRICE

Total

USD

A.1 IMPORTED GOODS (POLISHAND/OR THIRD COUNTRY ORIGIN)

A.2 SERVICES (POLISH AND/OR

THIRD COUNTRY ORIGIN)

B. LOCAL COST

TOTAL(A1+A2+B)







62

SECTION 4

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)

% of third country origin of goods and services or localcosts=

100 x

Third county origin of goods and services value or local cost value

Total exported Goods and Services of the Project

(Polish origin Goods and Services plus third country origin Goodsand 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).

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]



63

SECTION 4

D.2 List of suppliers, manufacturers and /official distributors of the Project

SUPPLIERSTAX

CODESTREET/NO. TOWN

POSTCODE/

PROVINCETEL EMAIL

WEBPAGE

NATIONALITY*

MANUFACTURER/

OFFICIAL

DISTRIBUTOR

TAXCODE

STREET/NO. TOWNPOSTCODE/

PROVINCE

TEL EMAILWEBPAGE

NATIONALITY*

SUB-

CONTRACTOR

TAXCODE

STREET/NO. TOWNPOSTCODE/

PROVINCETEL EMAIL

WEBPAGE

NATIONALITY*

* Country of registered business address







64

SECTION 4

Form 9. Bid Security Form


<The Bidder must complete this form in accordance with the instructions given betweensquare 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 “theBidder”) submitted a Bid on [state Bid submission date] (hereinafter referred to as

“the Bid”) to Bidding Process convened by [insert name of Contracting Authority] toexecute [state name of Bidding Process].

We furthermore understand that pursuant to the Bidding Documents, the Bidder isobliged to maintain the Bid for [state time period] and, if the Bid is successful, to enterinto the appropriate Contract and provide a Bid Security in that regard, all pursuant tothe 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 withwritten declaration attached, stating that the Contractor is in breach of its obligationspursuant 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 theBid Form; or

b. the awarded Bidder:

• fails to sign the Contract, in accordance with Clause 31 of the Instructions toBidders of the Bidding Documents; or

• fails to submit the Performance Security, in accordance with Clause 32 of theInstructions to Bidders of the Bidding Documents.

This guarantee will remain in force up to and including 30 (thirty) days after the finalvalidity deadline for the Bids, and any demand in respect thereof should reach the Banknot later than the above date.



65

SECTION 4

In case the Bidder results to be the successful Bidder, the Bid Security will remain inforce from the date of issuance up to the date in which the successful Bidder submits thePerformance 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 ofthe 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]



- 66 -

SECTION 5:

SECTION 5Technical 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 ColdStorage 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



- 67 -

SECTION 5:

B.

Bills of Quantities. .......................................................................................... 95



- 68 -

SECTION 5:

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 andmaintenance for a period of twelve months, eleven (11 no.), Cold StorageRooms for Meat and Associated Facilities complete with associatedaccessories.

b. all documents necessary to define/design and properly execute the Projectand requirements to enable the Cold Storage Rooms for Meat andAssociated Facilities obtain accreditation, and to meet European legislationrequirements in terms of quality control and food safety as well as, detailof the Works to be developed during the execution of the Project and abasic drawing for each Cold Storage Rooms for Meat and Associated

Facilities.

c. All supplementary services necessary to install, test and commission theGoods, including delivery and transport to Project Site, inspection prior todelivery, installation, commissioning, start up, preventive maintenance,technical guarantee for 12 (twelve) months, after-sales service andtraining.

Functional Requirement:

d. Cold storage facilities for meat shall be installed in abattoirs owned by thegovernment 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 andof the class most suitable for working under the conditions specified and shallwithstand the variations of temperature and atmospheric conditions arisingunder working conditions without distortion or deterioration in the setting up ofundue stresses in any parts and also without affecting the suitability of thevarious parts of the works for which they were designed.

2.2. All Goods offered shall be the product of recognized and experiencedmanufacturers 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 Directiveand 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 ofKenya. The conditions include power supply, climate, temperature, humidity,etc.

3. Packing



- 69 -

SECTION 5:

3.1. Packing shall give adequate protection to the Goods against mechanical damageduring transport to its final destination, including rough handling during sea, railand 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 andquantity and will assure the secure, complete, intact and undamaged arrival of

the Goods at the Project Site as per distribution list of the TechnicalRequirements 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 precipitationsand open storage. Packing case size and weights shall take into consideration,the remoteness of the Project Site and the absence of heavy handling facilitiesat all points in transit and final destination.

3.4. Steel works sections and similar items may be bundled provided that the endsare adequately protected and the enclosing bands or wires are robust.

3.5. Indoor electrical equipment must be enclosed in welded polythene envelopesinside packing cases and the envelopes shall be evacuated or have a desiccantinside.

3.6. All items in cases or crates shall be secured so that they are not free to moveand cannot work loose in transport. If rotating parts are shipped within theirbearings or mountings, they must be adequately braced and restrained toprevent relative movement. Loose items shall be placed in bags in a case, eachbag having stitched onto it a label indicating the number and nature of itscontents. Where a filler material is used in a case to restrict movement orprovide additional protection, it must be inorganic and non-hygroscopic.

3.7.

All surfaces liable to corrosion shall be thoroughly cleaned and special stepsadapted to the nature of the materials and the time interval between packingand unpacking shall be taken to prevent corrosion. These steps may constitutethe greasing on surfaces, the application of a protective coat, enclosure of theitems in a hermetically sealed container, the addition of vapour phase inhibitorpaper to the package or other approved means.

3.8. Steps shall be taken to ensure that moisture, moulds, insects or rodents cannotdamage insulated materials. Items that include materials liable to be damagedby 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 theinternational wineglass symbol. Packages shall be marked with their place ofdestination in such a way that rough handling or the effect of weather cannotremove or obliterate the marking. Each item shall be marked with its grossweight and, for all lifts over two tonnes, marks on the cases shall show thecorrect 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 eachpacking case. A copy of this list shall be placed in a waterproof envelope insideand outside of the case.

4. Performance Schedule



- 70 -

SECTION 5:

4.1. The Bidders are required to submit a detailed time programme schedule to theContracting Authority. The maximum time period provided for execution of theContract is 18 (eighteen) months plus the Warranty Period form the date ofsignature of the Project Site Availability Certificate (Article 20, ExecutionPeriod/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 containingat least the following:

a) The order in which the Bidder proposes to perform the Contract, including,Manufacturing, delivery, installation, testing, commissioning and handoverof 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 applyfor executing the Project.

d) Such further details and information as the Contracting Authority mayreasonably require.

e) Description of the personal assigned to execution of the Project as per theForm 6 “Bidder Personnel”.

5. Inspection

5.1. The Bidders shall include in their Bids the cost of a pre-shipment inspection, andshall take into consideration that all equipment to be imported into Kenya mustcomply with the standard regulations established in Kenya by the KenyanBureau 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-shipmentinspection at the port of shipment or at the Bidder‟s or sub-contractorworkshops or warehouses in order to check if the Goods comply with thedescription, quantity and packing characteristics stated in the Contract.

6. Transport

6.1. The Bidders shall include in their Bids the cost of:

the handling and the transport of the Goods to the Project Site, underusual conditions, through a usual route and in the usual manner, under allthe circumstances;



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SECTION 5:

the unloading of Goods from the containers/trucks and handling of thecases 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, andthe modality of transport subject to final delivery.

6.3. Partial shipments to transport the Goods will be allowed in accordance with theprograms 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 thatshall cover:

a. Insurance of Goods during transportation

To cover any loss or damage incurred to the Goods (including spare partsrepositions) during transportation from Contractor or sub-contractor

workshops or warehouses to the Project Site. The insurance must at leastcover the price set out within the Contract plus ten per cent (i.e. 110%) andmust be agreed in the Contract currency.

b. Construction and Assembly All Risk Insurance

The Contractor must take out a combined Construction and Assembly AllRisk insurance policy to cover any damage that may occur to the Works,Goods, provisional installations and materials, from commencement of theWorks or arrival of the Goods to the Project Site until Final Acceptance ofthe Project.

The Contractor must insure the Works, Goods, provisional installations andmaterials for a sum amounting to not less than the complete cost ofreconstruction, including demolition costs, removal of debris andprofessional fees and expenses.

c. Contractor Equipment Insurance

Sufficient insurance cover to replace any equipment and other objectsbrought 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 andrequirements to enable the Cold Storage Rooms for Meat and AssociatedFacilities obtain accreditation and to meet European legislation requirements interms of quality control and food safety, detail of the Works to be developedduring the execution of the Project and a basic drawing for Cold Storage Roomsfor 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 andAssociated Facilities are indicated in part B of this SECTION 5, schedule ofcontract 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 processlayout.



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SECTION 5:

9. Commissioning of the Goods

9.1. The Bidders shall consider in their Bid the works and the pre-installation workswhich are necessary for the correct installation and start-up, assembly andinstallation of Goods as well as their necessary connection, adjustment andcontrol in the Project Site.

9.2. The Bidders shall include in their Bids the cost of installation and start-up of theGoods and the provision of all the necessary reagents and consumables requiredfor 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 valueof the Goods, which will be included in the Contract, coherent with thebreakdown of the scope.

10.2. If it is required by the Contracting Authority, the spare parts, consumables andspecial tools shall be used for the preventive maintenance process.

10.3. Bidders shall prove that spare parts, reagents and consumables andmaintenance services are locally available.

10.4. A list of recommended spare parts, reagents and consumables for 1 (one) yearoperation shall be listed separately and not included in the Bid price. This listmust 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 PreventiveMaintenance Programme. The warranty period shall be 12 (twelve) months fromthe date of issuance of the Practical completion Certificate in each of the coldstorage facility sites.

11.2. Preventive Maintenance: The Contractor shall make the necessary preventivemaintenance, visiting the Cold Storage Rooms for Meat and Associated Facilitiesin order to warrant and maintain all the equipment in good working conditionsand ensure its proper and efficient use. A Maintenance Certificate shall be drawnup after each visit and signed by the person in charge of the equipment and/orthe 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 ofwarranty period, for the Key equipment, during the Warranty Period. The lastvisit, at the end of the Warranty Period shall be compulsory in order to get theFinal Acceptance Certificate conformed. The brush-up training shall take placeduring this visit.

11.4. The above-mentioned programmes shall indicate all details regarding the waychosen by the Bidder to carry out the aforementioned services.



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SECTION 5:

11.5. The Bidder shall provide or secure the provision of a local reliable after-salesservice thereafter guaranteeing maintenance and the rapid replenishment ofspare parts and consumables for 5 (five) years. His technical offer shall includea description of how the service will be provided by a local organizationauthorized by the Manufacturer/Official Distributor including name of the serviceorganisation, 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 theequipment installed. In addition a brush-up training shall be carried out at least6 (six) month after the provisional acceptance date, during the warranty periodand shall be compulsory in order to get the Final Acceptance Certificateconformed.

12.2. The training programme shall include specific courses regarding to the followingproduction chain actors:

• Cold Storage Rooms for Meat and Associated Facilities Engineeringtechnicians (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. 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.

b. 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 andrequirements of the personnel in charge of the operation and maintenance ofthe equipment. Bidders shall combine different approaches and teachingmethods 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 oftheir methodology, the following:

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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SECTION 5:

Carry out an evaluation of the knowledge acquired by the traineesduring the training programme.

Elaborate a final report of the training programme which shall comprisethe contents of the training, the minutes of each of the teachingsessions as well as the knowledge evaluation. This final report shall be

submitted to the Contracting Authority and to the Council of Ministersin Poland, through the Polish Embassy in Nairobi or its duly authorizedrepresentative.

12.6. Bidders shall propose a training programme covering all the aforementionedrequirements. Therefore, Bidders shall submit, at least, the followinginformation:

The training programme shall include specific courses regarding theoperation 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 andtechnicians. This course shall be in-class and on site.

Bidders shall take into account that the team of trainers responsible forimplementing the training programme must have a proven record ofexperience in all the training areas. This record must be proved by therelevant certificates.

Training shall take place at each project site in Kenya.

Organization chart detailing the responsibilities of each member of thetrainer‟s team for all training courses.

Detailed schedule of the proposed training programme also included inthe general programme of execution.

Chart indicating the number and characteristics of beneficiaries for eachtraining course.

12.7. In order to facilitate the training programme, the Contracting Authority shall beresponsible 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 inorder to check that they comply with the quality, quantity and characteristicsrequired under these Technical Requirements at his own risk and at no cost forthe Contracting Authority.

13.2. “Cold Storage Rooms for Meat and Associated Facilities” will be only acceptedafter successful Completion Tests. The Completion Tests required are thefollowing:

a. commissioning tests, which shall include the specified operational tests,for the purpose of demonstrating that the Cold Storage Rooms for Meatand Associated Facilities or part thereof, can be safely operated and

adheres to the provisions set down in the these TechnicalRequirements;



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SECTION 5:

b. operational test period, to show that the Cold Storage Rooms for Meatand 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 oflocal cost and third countries component of Goods and Services shall not exceed40% (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 executionof the contracts.

16. Cold Storage Rooms for Meat and Associated Facilities

16.1. The Cold Storage Rooms for Meat and Associated Facilities Equipment to beoffered 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 Pre-installation drawings) in English language, duly adapted for thebeneficiary personnel of the Contracting Authority, in such a manner as topermit the Contracting Authority to install, start up, maintain, adjust andrepair all parts of them.

One (1) set of safety regulations;

All documents have to be provided additionally on CD (one CD perdelivery site) in electronic version in English language;

17. Design Requirement

Mean ambient temperature: 27oC DB

Storage temperature : +2oC to -1oC

Storage humidity (minimum): 85%

Evaporator cooling load : 42.0 KW

18. Key Equipment

For Technical Evaluation purposes the following items are considered as “KeyEquipment”:

Key Equipment

Item Description

001 Evaporator

002 Condensing Unit and Compressor



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SECTION 5:

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 thefollowing documentation:

ISO 9001 Certificate of the Manufacturer/Official Distributor in the event thatthe Bidder is not the manufacturer of the Key Equipment.

Manufacturer/Official Distributor authorization in the event that the Bidder isnot the manufacturer of the Key Equipment according to the Form 7 providedin SECTION 3, Bidding Forms.

19. Technical specification for the supply, installation , Testing andCommissioning of Cold Storage for meat and associated facilities

19.1. The Cold Room

The internal dimensions of the existing cold room are 5 x 5 x 4.5 m high. Thisshall have mechanically applied vapour barrier and insulation on a concretefloor slab and roof and block walls.

19.2. Vapour Barrier & Water Proofing

Before the application of the insulation to the structure a vapour barrier shallbe applied to the entire internal surface. This shall consist of an even layer ofFlinkote type 3 or equal and approved applied to manufactures instructions.The top surface of the floor insulation shall be water proofed using an asphaltsaturated and coated vapour barrier paper of not more than 0.3 permspermeance or other equal and approved, lapped at least 80mm and tacked inplace.

The vapour seal must be approved by the Engineer before insulation work iscommenced.

19.3. Insulation And Final Wall Finishes

The insulating material shall be polystyrene (or equal and approved) with aconductivity of approximately 0.035 W/MoC and a density of approx. 25Kg/m3for the walls and ceiling and 40Kgs/m3 for the floor. It shall be applied in twolayers each 50 mm thick with the second layer breaking joints with the firstlayer.

Care must be taken to avoid breaking the vapor seal when fixing theinsulation. Two more cotes of vapour seal shall then be applied afterapplication of insulation



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SECTION 5:

Hardwood battens shall be provided at regular intervals between insulation.Aluminum sheet (SWG 20) as specified on the drawing shall then be appliedand secured on the hard wood. The main contractor shall then finish off thefloor with 75 mm reinforced concrete and plaster under supervision of the sub-contractor.

19.1. Insulated Door

The door and frame shall be fabricated from heavy seasoned timber andinsulated with two layers of 50mm thick polystyrene sand-witched between10mm thick seasoned wood strips. It shall have a clear height of 1.85m beinghinged on one side so that it opens outward. The door shall be completed withsufficient gaskets to ensure an air tight seal. The door shall be fitted withautomatic plunger type switches for operating the fan motors and interiorlights 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 metalparts 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. Thevalve shall be pressure equalized and manually adjustable. A timer unit shallbe mounted in the control panel to control both the de-frosting intervals anddefrosting period – both of which shall be variable. The evaporator shall be ofcooling load capacity 42KW. It shall be ceiling type unit with a drip tray fittedwith 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-coolingload while using refrigerant R14a under specified conditions. The unit shall beair-cooled semi hermetic with automatic capacity control for evaporatordemand.

It shall be provided with suitable anti-vibration mountings and an initial oilchange in the compressor. The unit shall be complete with compressor,electric motor, air-cooled condenser of non-ferrous construction, liquidreceiver, 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 properlyfixed in conformity with „TRANE REFRIGERATION MANUAL‟. The suction lineshall be insulated with at least 25mm thickness of Armaflex or other approvedmaterial, 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 orequal to those manufactured by DANFOSS



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SECTION 5:

- 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 degreeCelsius

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 beprovided 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” lightand equipment circuit trip lights.

19.7. Electrical Installation

The electrical sub-contractor shall be responsible for providing power to the controlpanel and for providing a local Isolator and connecting power to it. The cold roomsub-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 metalshelves and set them in the cold room as shown on the drawing. Shelf size to be 900

x 500 x 1350mm high.



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SECTION 5:

19.9. Testing And Commissioning

Before insulation of the suction pipe the refrigeration system shall be tested forpressure and leaks using the combined pressure and leaks testing method. Therefrigeration system shall be charged with R410a refrigerant or any non-ozonedepleting 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 theworking pressure for the system.

Leaks shall be checked using soap bubble followed by using of electronic leakdetector. After system is proved leak proof, it shall be maintained under testpressure for 24 hours. If at the end of this time the gauge pressure has fallen, thecomplete system shall be re-tested. After the successful completion of the test, thesystem shall be evacuated using vacuum for 24 hours. If there is loss of vacuum thesystem shall be dehydrated again and left under vacuum for a further 24 hrs until thesystem 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 itoperates correctly and design conditions are archived. It shall be left to operate for72 Hrs and room temperatures recorded for this period using an automatic roomtemperature sensor/recorder.

The compressor shall be provided with identification plates stating the type ofrefrigerant 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.

2 Climatic Condition

The following climatic conditions apply at the site of the Contract Works and theequipment, materials and installations shall be suitable for these conditions:

Maximum Temperature: 33.0C

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 40‟E

Latitude (approximately): 010 18‟S

Altitude: 1600m above sea level



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SECTION 5:

3 Operating Conditions

The equipment and all components shall be suitable for the operation in ambientconditions 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 beinterpreted 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 mediumdust 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 madein the control circuit of the generator for automatic and remote push buttoncontrol, including the terminals and cable glands for all external cables, which willbe supplied by others, where specified. It shall also be possible to start, operateand stop the set manually, independent of any automatic features.

Within the operating conditions specified in part 3 above the set shall be capableof starting and accepting full load within the shortest possible time, and in anycase, in not more than 10 seconds. Any special features included to achieve thisshall 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 theEngineer and maintenance for a period of twelve months of a new generating setcomplete with all necessary ancillary equipment.

The equipment to comprise 150KVA, 415 volts/3 phase /50Hz continuously rateddiesel generator set with all integral accessories, and all necessary equipment forthe safe and efficient working of the set. The diesel generator set will be site ratedat level of 1660 metres, Kenya Datum.

Diesel generator set to include:

a) Push button starting, starting battery and mains power supply tricklecharger to be included.

b) 72 hour operational running capacity auxiliary fuel oil storage tank, loosetransfer pump and duplex oil strainer.

c) An integral belly/ base fuel tank for daily service with an operationalrunning 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



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SECTION 5:

f) A diesel generator control cubicle

g) Acoustic enclosure/ sound attenuated canopy

h) All local wiring

i) Maintenance tools and spare parts as specified.

6 Performance Objective

The output rating of the set in KVA, the voltage, the number of phases and the frequencyshall be as specified in Schedule 3 of the Electrical Bills of Quantities.

Within the operating conditions specified the set, equipped with its standard air intakefilters, shall be capable of delivering its rated output continuously at rated voltage and0.8 lagging power factor and of delivering 10% in excess of the continuous maximumrating for a period of one hour in any 12 hour period.

The steady state voltage shall be maintained within 2 ½ % of the rated voltage undercontrol of the voltage regulator between the cold start ambient conditions and themaximum working temperature, from no load to 10% overload and from unity to 0.8lagging 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 towithin 2 ½ % of rated voltage within 1 seconds. On starting the voltage overshoot shallnot 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 exceed1% of rated speed. Sudden removal of the full load at rated frequency shall not cause thefrequency 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 fallbelow 94% of rated frequency and shall return to 99% within 3 seconds and to the ratedfrequency within 15 seconds. The cyclic irregularity of the set at full load shall not beworse than 1/150.

The deviated interference shall be suppressed to the limit specified in BS 800 and BS833.

7. Generating Set Arrangement

Unless otherwise indicated the set and its auxiliaries shall be mounted on sufficientlysubstantial underbase. All items which must be held in correct relative alignment shall belocated by means of dowels.

The set shall be designed and supplied for operation bolted to the floor on robust anti-vibration and shock absorbing devices. They shall have adjusting screws for optimumsetting and levelling and be so designed and installed that no appreciable enginevibration shall be transmitted to the floor or to any surrounding.

Bearings shall be suitable for operation over long periods without the need forreplacement of the lubricant. Oil lubricated bearings shall be fitted with a visible oil levelgauge.

8. Diesel Engine

8.1 General



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SECTION 5:

The engine shall comply in design and performance with BS.649 “Diesel Engines forGeneral purposes” or its approved equivalent. The engine shall be designed forsatisfactory operation on fuel oil and lubricating oils complying with BS. 2869.

The engine shall be totally enclosed, with forced lubrication from an integral pump havingon 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 engineis maintained if the filter should choke. Alternatively a single filter of the self-cleaningtype fitted with a by-pass relief valve and having the same filtration performance may beprovided. Manual lubrication of any part of the engine will not be accepted. The capacityof the lubricating oil system shall be sufficient to enable the engine to run continuouslyfor 12 hours at any load without replacement.

A filter with a by-pass relief valve shall be inserted in the fuel line immediately before thepump(s). The fuel filter element shall be incapable of passing particles larger thanmicrometers. The fuel system shall be so arranged that fuel resulting from filter, pump orpipe 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 adusty atmosphere shall be fitted on the engine air intake(s)

No significant critical speed of the complete shaft system, including the generator, shallbe within 15% of the rated speed.

A manually reset overspeed trip shall be fitted to stop the engine if its speed exceeds therated speed by 15%. A mechanical trip is preferred but an electrical overspeed trip maybe offered. Both types shall be equipped with a pair of contacts which close on operationof the trip. If the device is belt driven, at least two belts shall be provided and the driveshall 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 notrise with residual heat so that the high water temperature lock-out operates. The enginemay be naturally aspirated as pressure charged, or as indicated.

The starting shall be by means of electricity supplied from a starter battery. The startermotor shall be of axial type, de-energizing by a device operated from the engine. Ameans of manual starting shall also be provided.

Suitable means shall be provided for running by hand the engine main shaft and theassociated generator to facilitate inspection and overhaul.

If weekly test runs are insufficient to prevent the drying out of the bearings, means shallbe 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 enginelubricating oil sump to facilitate starting. The heating surface loading of any lubricating oilheater(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 shalleither be mounted on the set or installed in a generator room constructed as shown onthe drawing indicated. The exhaust silencer system shall be so arranged that it may bereadily relocated if required. Where any additional piping bends and fittings are specified,

the manufacturer shall advise on any problems involved.



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SECTION 5:

8.2 Fuel Oil System

An auxiliary fuel storage tank whose minimum capacity shall be sufficient to run theengine continuously on full load for 72 hours shall be installed in the position indicated inthe 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 permitfilling 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 tobe supplied from a source other than the storage tank.

The position of the cock shall be clearly marked „MANUAL, AUTOMATIC, OFF‟ asapplicable.

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 ofthe fuel flow, and shall be easily maintainable. The tank shall be equipped with agraduated dipstick, a clearly visible contents‟ gauge (not of the site glass type) and withdrain, vent, overflow and inlet and outlet connection.

The set shall also have an integral belly/base fuel tank for daily services with anoperational running capacity of 8 hours.

8.3 Lubricating Oil System

An engine driven integral gear type lubricating oil pump shall be provided. The lubricatingoil system shall include an oil cooler and fine mesh filters, together with devices toindicate lubricating oil pressure and to initiate a 240 volt A.C. Lubricating oil Lowpressure Alarm, Lubricating Oil High Temperature Alarm and Cooling Water HighTemperature Alarm.

As separate 240 volt A.C. Motor driven automatic lubricating oil priming pump shall beprovided 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 batterylocated 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 startingsequence 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.



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SECTION 5:

All manually operated valves and controls on whose setting the correct operation of theautomatic 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) mechanicallydriven from the engine. The cooling system shall be adequate for the total requirementsof the engine when running on continuous full load and on 10% overload for one hour inaccordance 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 areasonably airtight ducted assembly enclosing the lubricating oil cooler, the cylinderbarrels and the cylinder heads of the engine.

This assembly shall terminate in a flanged outlet to which trunking may be readilyattached when necessary, to enable hot air from the cooling system to be dischargedoutside the building.

Belt driven fans shall have at least two belts and the drive shall be capable oftransmitting the full load with one belt removed. The cooling air temperature shall becontrolled so as to maintain a safe working temperature of the cylinder hand(s) and theengine 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 forwater 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 drivenfrom the engine. Where indicated the radiators shall be suitable for remote wall or floormounting, in which case the fan shall be electric motor driven from a supply similar involtage, 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 andshall be controlled by a thermostat mounted in the radiator such that the fan motor willstart 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 oftransmitting 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 bymeans of pumps mechanically driven by the engine. Belt driven pumps shall be providedwith at least two belts and drive shall be capable of transmitting the full load with onebelt removed.

Circulation by thermo-syphon will be accepted provided the engine will operate under theconditions of section 6 and in accordance with BS 649.

An easily visible flow indicator provided with contacts shall be fitted in the water outletfrom 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 operationof the high temperature or low oil pressure safety devices in accordance with section 8.3.



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SECTION 5:

A thermostatically controlled diverter valve shall be inserted in the engine waterdischarge pipe with a return to the circulating pipe section, to maintain the circulatingwater at the optimum temperature irrespective of the load. Alternatively a thermostaticbypass 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 theattachment of ducting for the discharge air.

A thermometer shall be mounted near the cylinder head(s) to indicate watertemperature. Where a lubricating oil cooler is fitted, thermometers shall be mounted atthe oil inlet too and outlet from the engine. Alternatively, thermocouple may be providedat all thermometer positions and taken to an instrument panel.

Adequate drains shall be provided at low points in the water and lubricating oil systemsof 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 frequencywithin the limits stated in Section 6 Part. Manual speed adjustment shall be provided overa range of +/-15% of the rated speed at any load. The governor system shall be of themechanical or hydraulic type. In addition the engine shall be fitted with an approvedoverspeed trip device which shall operate independently of the normal speed governorand 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 horizontaldischarge outside the diesel generator room.

The silencer shall be of spark arresting type and shall be equipped with cleaning anddraining arrangements.

If an exhaust driven turbo-charger is supplied it shall include air intake filters, mani-foldsand outlet manifolds.

All necessary ducting, piping, supports and lagging required for the system shall beincluded.

Weatherproof wall boxes permitting expansion shall be fitted where the exhaust pipingpasses through the building wall or roof. Pipe work shall be connected at site by buttweld connections or use of flanged joints. The use of screwed connectors shall beavoided.

Flanges shall conform to the appropriate Table of B.S.10: 1962. Welding of flanges at siteshall be carried out in accordance with B.S.806. The faces of flanges shall be machinedand 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 tothe same tests as the highest pressure piping or vessel to which they are connected.



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SECTION 5:

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 alubricating 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 assemblyor 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 inthe insulation resistance.

The generator shall have a prime rated net output of 150KVA as specified in theschedules of the Bills of Quantities, at 0.8 lagging power factor, 415 volts, 3phase, 4 wire, 50 Hertz with brushless rotating rectifier excitation system andvoltage regulator. It shall be directly coupled to the engine and be sized such thatit will accept the maximum output of the engine including overload. The outputvoltage shall be maintained within plus or minus 2 ½ % from no load to full loadconditions. 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 theterminal marking and phase rotation shall be provided in the terminal box. Cablesconnecting the machine winding and machine terminals shall not have a higherde-rating factor for temperature than the windings.

The insulation shall comply with BS 2757 excluding Classes Y and A. Theinsulation shall have an oil, moisture and fungus proof finish, with a surface whichwill not retain dust or condensation. It shall be possible to put the set in serviceafter long periods in unheated storage without necessarily drying out theinsulation.



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SECTION 5:

The alternator shall be capable of withstanding a short circuit for three secondswhen 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 lessthan 50 Volts unless prior approval is given.

9.3 ELECTRICAL CONTROL PANEL

The Automatic Mains Failure control panel shall be provided and fitted with thefollowing:-

a) Two four pole contactors and two TP & N incoming MCCB‟s each of suitablerating for controlling the supply from the mains transformer and standbygenerator.

b) An automatic voltage regulator for the set.

c) Control equipment as necessary including phase failure protection relay forboth the mains supply and the generator supply (with both under and overvoltage protection) and phase sequence protection relay for the mains supplyall to fulfil the functional requirements and automatic changeover as detailedin Part 9.3.2

d) One ammeter and a selector switch to measure each phase current andneutral current

e) One voltmeter and a selector switch to read line to line and line to neutralvoltage

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 shallbe provided which shall contain all necessary equipment for controlling theautomatic 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 anisolating switch or by withdrawable fuses.

When the set is stopped other than under lock-out conditions, it shall be self-resetting ready for the next start.

The set shall be suitable for starting by manual means. e.g. by cranking or directoperation of the starter solenoid.

All switches and push buttons shall be clearly marked to indicate their function.



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SECTION 5:

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 willautomatically initiate the starting of and effect the transfer of load to the standbygenerator. The schematic for the controls shall be approved by the Electrical Engineerbefore 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 andneutral

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 transientdip 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 supplycontactor in the control panel shall open and the standby contactor shall close. Ifthe normal supply has been restored before the changeover has taken place, thecontactor shall not operate and the starting relay contacts shall open to initiatethe shutting down of the standby generating set.

When the standby supply is in operation and the normal supply is restored and remainswithin 10% of rated voltage on all phases for a pre-set time (adjustable up to 120second) 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 ifrequired.

Once a start signal has been sent to standby generating set, the engine startingsequence shall be allowed to continue until the set is ready to take the load before astopping signal is sent.

A push button labelled „Test‟ shall be provided to enable a failure of normal supply to besimulated. If the button is pressed and released the equipment shall complete thestarting sequence, and when the set is ready to take load it shall be shut down. If thebutton is held depressed the equipment shall change over to the standby supply whenthe set is ready to take load.

Indicating lamps or illuminated panels shall be provided on the front of the panel. Theyshall be appropriately labelled, easily visible and shall give the following information:

„Main Supply Available‟



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SECTION 5:

„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 20seconds under automatic start condition.

b) The lubricating oil pressure falls to a value at which it would be unsafe to continuerunning the engine.

c) The cooling water does not flow, when the engine is fitted with a visible flowindicator on the cooling water system.

d) (i) In water cooled engines the cooling water temperature exceeds apredetermined limit.

(ii) In air cooled engines the cylinder head temperature exceeds a safemaximum.

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 aset 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 togetherwith an indication of the fault causing the shut-down. The fault warning lights shall be setto 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 byits specified duties. It may be of lead-acid or alkaline type and shall be of sufficientcapacity 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, andrelay operation shall not be impaired when the battery is supplying current to the startermotor.

A single phase supply for battery charging shall be available from the main LVSWITCHBOARD.

A charger shall be provided which will recharge the battery after engine starting andmaintain it in a charged condition when the set is standing or is in service. It may alsosupply 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.



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SECTION 5:

An alternative quick charge rate shall be provided. The charger shall be fitted with anammeter to measure the charger and discharge current excluding the starter motorcurrent.

9.7 Wiring and Earthing

Power cables and small wiring cables interconnecting major components shall be of theheat and oil resistant type and shall be metal sheathed or run in metal ducts or metalconduit, which shall be coded and terminated with lugs or eyes or to be soldered, theterminations shall be clearly marked with the numbers and letters of the terminals towhich they are connected. Terminals shall be numbered or lettered, easily accessible andfitted with individual insulating barriers or adequately spaced. Barriers shall be fitted toseparate control terminals from power wiring terminals.

All metal work housing electrical equipment shall be bonded to a brass earthing terminaland 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 berated in accordance with ks 04-182:1982.Four pole- contactors shall be fitted for threephase-equipment and two-pole contactors for single phase equipment. Main and auxiliarycontacts shall be silver faced or better.

9.9 Relays

Relays shall preferably be of sealed type mounted in approved plug-in bias with springloaded retainers but if this is not practicable they shall be mounted on individual sub-bases and wired so that easy access is obtained to soldered connections. Unsealed relaysshall be enclosed in individual or common dust protecting cases.

Time delays, if of the pneumatic type, shall operate on filtered air. The thermal type oftime delay relay will not be accepted.

9.10 Fuses

Fuses shall comply with KS-183:1978. A spare fuse cartridge for each pole shall bemounted inside each equipment.

9.11 Rectifiers, Capacitors and solid State components

Rectifiers, capacitors and solid state components shall be suitable for any transientvoltage 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 maximumexternal 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. Specialattention shall be given to the method of construction and to the mounting of thecomponents to minimize the effect of vibration. Diagrams of connections in durable formshall be mounted inside the enclosures.



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SECTION 5:

10 Lifting Gear and Handling.

Provision shall be made for ready handling of all parts of the plant during assembly ordisassembly 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 andfor the purpose of the required tests, shall provide all necessary instrument s, tools, fueland lubricating oil.

The following tests and checks as applicable shall be carried out by the contractor in thepresence of the electrical engineer or his representative.

a) Check that the main frame is level in all directions, engine and generator shafts are inproper alignment and the vibration absorbing devices are properly installed andlocated.

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 andcheck 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 sludgeand other blockages.

g) Check engine bolts, main drive coupling, valve clearance, fuel pumps settings,governor settings, pipeline connections, water hose, exhaust couplings, flexiblepipe work etc, and where a separate cooling water tank is fitted, that the waterlevels is satisfactory and the ball valve and overflow work.

h) Check all outgoing connections on the generator and the control panel. All lugs forprincipal connections shall have clean and bright contact surfaces. A suitableabrasive shall be used where necessary.

i) Check access panels and doors for proper opening and closing and for functioningof 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 runup to normal speed. Check that the main battery charger is automaticallyswitched off to avoid its being overloaded by the reduction in voltage across thebattery. Where a battery charging dynamo is fitted, check that the main batterycharger is disconnected by the operation of the auxiliary contact during the timethe engine is running.

k) Check instruments and gauges for normal operation and response and that thegenerator voltage is being maintained within the prescribed limits, making dueallowance for no-load conditions. Compare the reading of the frequency meter

with that of engine tachometer, where both are fitted



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SECTION 5:

i) Stop engine by turning selector switch to off position and verify that the generatorcontactor opens at between 95% and 85% of normal voltage. Re-check water andoil levels.

m) Turn selector switch to „Auto‟ position. Disconnect the sensing circuit supply andcheck that the set starts, the mains contactor opens, and the generator contactor

closes in correct order. Reconnect the sensing circuit to verify that the enginestops 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 pushbuttons for mains failure simulation and engine stopping operate correctly.

NOTE: Running of the engine for any length of time under no load condition isundesirable and tests calling for such operation should be carried out in asshort time as possible consistent with thoroughness.

n) Operate the necessary isolators and switches to put the set on standby foressential services network with the mains failure simulation push, verify that theset 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 thatthe voltage and frequency are being maintained within the required limits withlarge alterations of load. Note the rate of charge on the dynamo ammeter with theengine running (if a dynamo is fitted), and the rate of charge on the batterycharging ammeter with the engine stopped. Check against manufacturersrecommendations 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 tankreplenished and set left in normal operating order.

s) An initial supply of all lubricating oils and greases shall be provided by theContractor.

t) Additional lubricating oil shall be provided for recharging the engine sump oncetogether with a supply of lubricating oils and greases to cover the normal use andserving of the set during the 12 months maintenance period referred to in Part 14of Section D.



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SECTION 5:

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.



- 94 -

SECTION 5:

A. Meet storage Plans



- 95 -

SECTION 5:

B. Bills of Quantities

BILLS OF QUANTITIES

A) PRICING OF PRELIMINARIES ITEMS

Prices will be inserted against item of preliminaries in the Contractor‟s Bills of Quantitiesand specification. These Bills are designated as Bill No.1 in this Section. Where theContractor fails to insert his price in any item he shall be deemed to have made adequateprovision for this on various items in the Bills of Quantities. The preliminaries form partof this contract and together with other Bills of Quantities covers for the costs involved incomplying with all the requirements for the proper execution of the whole of the works inthe contract.

The Bills of Quantities are divided generally into three sections:

(a) Preliminaries – Bill No.1

Contractor‟s preliminaries are as per those described in section 6– ContractPreliminaries and General Conditions of Contract. The Contractor shall study the

conditions and make provision to cover their cost in this Bill. The number ofpreliminary items to be priced by the Tenderer has been limited to tangible itemssuch as site office, temporary works and others. However the Tenderer is free toinclude and price any other items he deems necessary taking into considerationconditions 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 inno 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 describedin section 6

1.0 5 of the section C.

(c) Summary

The summary contains tabulation of the separate parts of the Bills of Quantities carriedforward with provisional sum, contingencies and any prime cost sums included. Thebidder shall insert his totals and enter his grand total tender sum in the space providedbelow the summary.

This grand total tender sum shall be entered in the Bid Form provided elsewhere in thisdocument.

SPECIAL NOTES TO BILLS OF QUANTITIES

1. The Bills of Quantities form part of the contract documents and are to be read inconjunction with the contract drawings and general specifications of materials andworks.

2. The prices quoted shall be deemed to include for all obligations under the Contractincluding 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



- 96 -

SECTION 5:

3 All prices omitted from any item, section or part of the Bills of Quantities shall bedeemed 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 thepurpose 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 receivingwritten approval from the Project Manager, the Contractor shall remove thematerial 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 tothe Bid Form for the tender to be deemed valid.

6. Tenderers must enclose, together with their submitted tenders, manufacturer‟sbrochures detailing technical literature and specifications of the equipment andplant that they intend to offer. Where the brochure contains different models andsizes, 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 offeredby the bidders, and bidders not complying with this requirement may be considered non-responsive and may subsequently be disqualified from technical evaluation.



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SECTION 5:

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 whichcan be perceived as in inducement to enable me win this tender.

Signed ……………………………………for and on behalf of the Tenderer.

Date……………………………………Stamp……………………….….



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SECTION 5:

BILL NO. 1 - CONTRACT PRELIMINARIES

ITEM DESCRIPTION QTY UNIT RATE(USD)

AMOUNT(USD)

1

2

3

4

5

6

7

8

9

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

Total for Bill No. 1 carried Forward to Grand summary page (USD)



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SECTION 5:

BILL NO. 2 – BUILDER’S WORK

BUILDERS WORK/ CIVIL WORK


AMOUNT(USD)

MEAT STORAGE FACILITY.

ELEMENT NO.1

SUBSTRUCTURES

Excavations

A Clear site of all shrubs and undergrowth includinggrubbing up of roots and dispose off as directed. 73 SM

B Excavate oversite average 150mm deep and cart awayas directed 73 SM

C Excavate oversite to reduce levels commencing fromstripped level not exceeeding 1.50meters deep 83 CM

D Excavate trenches for strip foundation not exceeding1.5metres for reduced level 5 CM

E Extra over excavation from rock in any position 17 CM

Filling and carting away

F Return, fill and ram with selected and approvedexcavated material around excavations 12 CM

G Load and cart away excavated materials from site 93 CM

H Hardcore filling in making up levels, exceeding 300mmthick in layers of 150mm maximum thickness. 60 CM

I 50 mm selected fine material to hardcore surfaces, wellrolled and leveled to receive concrete 39 SM

J Apply "Termidor" or any other similar and approvedanti termite chemical treatment on blinded surfaces. 39 SM

K 500 gauge polythene sheeting with sides and end lapsas described laid on blinded surfaces 39 SM

Plain concrete (1:4:8) in

L 50mm Thick blinding to strip foundation 25 SM

Carried to Collection -1a



- 100 -

SECTION 5:


AMOUNT(USD)

SUBSTRUCTURES-(CONTINUED)

Vibrated reinforced concrete grade 20/20 (1:2:4) in:

A Strip footing 5 CM

B 150 mm Thick ground bed 39 SM

Sawn formwork to:

C Sides of strip footing 17 SM

D Edges of floor bed 75 - 150mm high 26 LM

Steel reinforcement as described including cutting to

length, bending and fixing including all necessary tyingwires and spacing blocks (all provisional)

E 12mm Diameter 110 KG

F 8mm Diameter 62 KG

Steel fabric mesh reinforcement to B.S. 4483

G No. A 142 fabric weighing 2.22Kg/sm fixed in bed 39 SM

Flexcell expansion joint.

H Ditto 250mm wide in slab 9 lm

Carried to Collection -1b

SUBSTRUCTURES-(CONTINUED)



- 101 -

SECTION 5:


AMOUNT(USD)

Natural stone walling in cement and sand (1:3) mortarand including reinforcing with 20 x 3mm thick hoopiron in every alternate course.

A 200mm Thick walling 52 SM

Plinths

B 12mm thick cement and sand (1:3) render to plinths 16 SM

C Prepare and apply three coats bituminous paint torendered plinths 16 SM

D Allow for keeping the whole of the excavations freefrom all water; include for draining or other wise

keeping all works free from water as necessary overthe entire contract period

ITEM

E Allow for maintaining and upholding sides ofexcavations and keeping excavations clear of all fallenmaterials, rubbish etc ITEM

Paving Slabs around building

F 600 x 600 x 50mm thick precast concrete paving slabsbedded and jointed in cement and sand (1:4) mortarlaid on and including 50mm thick sand bed 16 SM

Carried to Collection 1c

COLLECTION

From Collection 1a

From Collection 1b

From Collection 1c

TOTAL FOR ELEMENT NO. 1 CARRIED TO

(SUBSTRUCTURES) SUMMARY



- 102 -

SECTION 5:


AMOUNT(USD)

ELEMENT NO. 2

REINFORCED CONCRETE SUPERSTRUCTURE

Vibrated reinforced concrete grade 20/20 (1:2:4) in:

A Beams and ring beam 3 CM

B 150 mm Suspended 6 CM

Sawn formwork to:

C Sides and soffites of beams 150 SM

REINFORCED CONCRETE SUPERSTRUCTURE-(CONTINUED)

Steel reinforcement as described including cutting tolength, bending, hoisting and fixing including allnecessary tying wires and spacing blocks (allprovisional)

High tensile square twisted bars

D 12 mm Diameter bars 146 KG

E 10 mm Diameter bars 98 KG

F Assorted diameter bars 720 KG


(REINFORCED CONCRETE) SUMMARY



- 103 -

SECTION 5:


AMOUNT(USD)

ELEMENT NO. 3

WALLING

A 200 mm wide approved quality 3-ply bituminous feltdamp proof course under walls 41 LM

Smooth chisel dressed natural stone walling incement and sand (1:4) mortar reinforced withand including 25 x 3mm thick hoop iron in every

alternate course

B 200mm Thick walling externally 76 SM

Medium chisel dressed natural stone walling incement and sand (1:4) mortar reinforced withand including 25 x 3mm thick hoop iron in everyalternate course

C 200mm Thick walling internally 48 SM

D Ditto to gables 14 SM

Lintel

E 225 x 225 x 100mm thick concrete lintel reinforcedwith 10mm and 8mm diameter steel bars and includingall necessary formwork 84 LM


(WALLING) SUMMARY



- 104 -

SECTION 5:


AMOUNT(USD)

ELEMENT NO.4

ROOFING

Galvanized steel IT5 box profile sheets; 26 gauge;prepainted

A Roof covering; 150mm laps on one end and one and ahalf corrugation side lap; fixed to angle section purlinswith and including J-bolts, nut and neoprene washers. 50 SM

B 150mm dia. Half round ridge cap 8 LM

C Do; hip cap 11 LM

D Raking cutting roofing tiles 16 LM

Trusses (All timber work is provisional)

The following in pressure impregnated first gradecypress timber

E 150 x 50mm Rafters 54 LM

F Ditto tie beams 66 LM

G Ditto king post 27 LM

H Ditto valley rafters 11 LM

J 100 x 50mm struts and ties 65 LM

K Ditto purlins 50 LM

Mild Steel

L Equal angle nailing cleats overal size 100 x 50 x 50 x2mm thick prepainted with two coats of red oxidebefore fixing 20 NO

Carried to Collection 4a



- 105 -

SECTION 5:


AMOUNT(USD)

ROOFING - (CONTINUED)

The following in second grade celcured and wellseasoned cypress timber

A 100 x 50 mm wall plate bolted to wall with andincluding 12mm diameter bolts 60mm long at 1000mmcentres 30 LM

B 200 x 50mm Ridge board 8 LM

C Bore hole in 50mm thick timber for 12mm diameter

bolts 20 NO

D Make mortice in reinforced concrete for 12mmdiameter bolts 20 NO

Eaves

E 50 x 50mm second grade celcured and well seasonedcypress timber brandering 18 LM

F Ditto but plugged 6 LM

Fascia Board

G 225 x 25 mm thick wrot cypress fascia /barge boardsfixed to end of rafters (m/s) 30 LM

Rain water goods

Gutters

H 150 x 100mm galvanized iron gutter gauge 24 fixed tofascia boards (m/s) with and including approved steelbrackets at 1000mm centres 30 LM

I Extra over gutter for stopped ends 2 NO

J Ditto but for 100 mm diameter outlet 2 NO

Carried to Collection – 4b



- 106 -

SECTION 5:


AMOUNT(USD)

ROOFING - (CONTINUED)

Downpipe

A 100 mm diameter galvanised iron downpipe gauge 24fixed to wall with and including holder butts at1000mm centres 6 LM

B Extra over downpipe for swanneck 1200mm long 2 NO

C Ditto horse shoe 300 mm long 2 NO

Decoration and painting

Knot, stain prepare and apply three coats oil glosspaint to:

D General surfaces of timber 10 SM

E Surfaces of timber 200-300mm girth 10 LM

Prepare and apply three coats gloss oil paint to:

F General surfaces of metal gutters 9 SM

G Surfaces of large pipes 12 SM

Collection 4c

COLLECTION

From Collection 4a



- 107 -

SECTION 5:


AMOUNT(USD)

From Collection 4b

From Collection 4a


(ROOFING) SUMMARY



- 108 -

SECTION 5:


AMOUNT(USD)

ELEMENT NO.5

DOORS

Mild steel Doors

A Size 1800 x 2400mm high mild steel panel doorcomprising of 6 No. Size 300 x 800mm high and 3No.Size 300 x 450mm high including 900 x 200mm and900 x 300mm high double plates complete with 100 x50 x 3mm RHS framing and metal lugs includingpurpose made hanging and locking accessories onceprimed with red oxide primer before delivery to the siteincluding three lever mortice lock as per 'Union' Ref2277 or other equal and approved manufacturer.

1 NO

B Size 900 x 2400 Ditto but Single Leaf 4 NO

Painting

Prepare and apply three coats gloss oil paint to:

C General surfaces of metal 26 SM


(DOORS) SUMMARY



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SECTION 5:


AMOUNT(USD)

ELEMENT NO.6

EXTERNAL FINISHINGS

Walls

A Extra over walling for smooth chisel dressing with flushpointed vertical joints and recessed horizontal joints 78 SM

12mm thick gauged lime (1:2:9) plaster to :

B Beams 8 SM

Prepare and apply three coats of first grade silk vinlyemuilsion paint as per "Crown Berger" or other equaland approved to:

(EXTERNAL FINISHES) SUMMARY



- 110 -

SECTION 5:


AMOUNT(USD)

ELEMENT NO. 7

INTERNAL FINISHES

FLOORS

Cement and sand (1:4) screeding smoothtrowelled

A 32mm thick screed prepared to receive Rubberexpoxy floor finishes(m/s) 40 SM

20mm thick, 2 No. coat work terrazzo; approvedcolour; cement and marble chippings (1:2);

machine polished; to concrete or blockwork basegenerally to: -

B To floor. 40 SM

C 100 x 8mm skirting 50 LM

Ceiling

D 10mm thick Alluminium foil from jumbochem

including all accessories 140 SM

Ceiling

CEILING FINISHES

12mm thick two coat steel trowelled gauged limePlaster to:-

E Horizontal soffits of suspended slab 40 M2

Prepare and apply one undercoat and twofinishing coats silk vinyl emulsion paint to:

F Plastered soffits of ceilings 40 M2

Carried to Collection 7a



- 111 -

SECTION 5:


AMOUNT(USD)

Walls

Cement and sand (1:3) plaster

A 12mm Thick to wall surfaces 129 SM

Prepare and apply three coats first grade plasticemulsion paint to:

B Plastered walls 129 SM

Plaster; 12mm thick 2 No. coatwork, 9mmfirst coat of cement sand (1:6); 3mmsecond coat of cement and lime putty(1:10); steel trowelled toconcrete or

blockwork base generally to: -

C Walls; beams; columns; internal 135 sm

D Supply and fix Stainless steel 5O mm diameterx1200mm length

3 No

Collection 7b

COLLECTION

From Collection 7a



- 112 -

SECTION 5:


AMOUNT(USD)

From Collection 7b


(INTERNAL FINISHES) SUMMARY



- 113 -

SECTION 5:

ITEM

DESCRIPTION QTY UNIT RATE(USD)

MOUNT(USD)

SECTION SUMMARY

A SUBSTRUCTURES………………………………………

… 1

B REINFORCED CONCRETE

SUPERSTRUCTURE……………….. 2

C WALLING…………………………………………………….. 3

D ROOFING…………………………………………………

……. 4

E DOORS……………………………………………………

…….. 5

F EXTERNALFINISHES……………………………………………. 6

G INTERNAL

FINISHES…………………………………………….. 7

TOTAL BUILDERS CARRIED TO BILL NO 3SUMMARY



- 114 -

SECTION 5:

MECHANICAL WORKS

Item Description Unit QtyRate

(USD)Amount(USD)

A 42 KW Evaporator unit as Guntner or

approved Equivalent No. 1

B Condensing unit of capacity to match Item Aabove as Bitzer or equivalent. No. 1

C Insulated door No. 2

D Control panel complete with all accessories No. 1

E Thermostat No. 1

F Dial Thermometer No. 1

G Solenoid valveNo. 1

H Thermostatic expansion valve No. 1

I LP/HP Cut–out switch No. 1

J High pressure gaugeNo. 1

K Low pressure gauge No. 1

L Sight glass No. 1

M Vapour seal M2 150

N 100mm thick thermal insulationSM 150

O 0.9mm (20swg) thick aluminium sheet firmlyfixed on the coldroom walls and roof completewith corner panels

SM 193

P 1.62mm (16swg) thick chequered aluminiumplate reinforced with GI steel sheetunderneath and firmly fixed on the floor

SM 193

Q Refrigeration Pipework complete with AmaflexInsulation LM 30

R Charging the Refrigerant for testing andrunning Item 1

S Meat hooks with rollers No. 200

T Filter drier No. 3U Electrical works associated with the coldroom

installations Item 1

V As-installed drawings, Maintenance andoperation manuals

Item 1

W Testing and commissioning of the installationsItem 1

TOTAL AMOUNT FOR COLD ROOM INSTALLATIONS C/F BILL NO3 SUMMARY



- 115 -

SECTION 5:

ELECTRICAL WORKS

SCHEDULE NO.1 - ELECTRICAL INSTALLATION WORKS

ELECTRICAL INSTALLATION WORKS FOR MEAT COLD STORAGE

Item Description Qty UnitRate

(USD)Amount

(USD)

Supply, install, test and commission thefollowing ;-

LIGHTING POINTS

1.01Lighting points wired in 1.5 mm2 SC CU cablesdrawn in concealed 20mm Ø HG P.V.Cconduits for:-

a) one way switching 12 No. 0.00

b) two way switching 4 No. 0.00

SWITCHES

1.0210Amps, switch plate as CLIPSAL, BG NEXUSor approved equivalent as

a) one gang one way 7 No. 0.00

1.0310Amps, watertight switch plate asCLIPSAL, BG or approved equivalent as

a) one gang one way 2 No. 0.00

b) one gang two way 2 No. 0.00

LIGHTING FITTINGS

1.04 Lighting fittings complete with bulbs or tubesas follows:-

a) 1500mm, 2x58 Watts fluorescent fittingwith GRP body and acrylic diffuser forthermally insulated 58W lamps with electronicswitch gear as FITZGERALD, THORNCOLDPROOF or approved equivalent.

7 No. 0.00

b) 1200mm, 2x36 Watts batten fluorescentfitting as FITZGERALD, THORN or approvedequivalent. (TYPE E1).

3 No. 0.00

c) IP 65 rated cast Aluminium bulkhead fittingfor 100 Watts BC GLS lamp, with glass bowlretained by tamper resistant fixings as THORNOLG 1100 or approved equivalent. (TYPE 1)

4 No. 0.00

d) Enclosed floodlight for 100 W increasedoutput lamp with black aluminium body, flatglass, sealed to IP65. as Thorn Areaflood 15(LED Type)

2 No. 0.00

SUB TOTAL C/F TO NEXT PAGE

Item Description Qty Unit Rate (USD) Amount



- 116 -

SECTION 5:

(USD)

Sub- Total B/F From Previous Page 0.00

SOCKET OUTLETS AND OTHER POWERPOINTS

1.05 13 Amps socket outlet points wired ringcomprising of 3x2.5 mm sq. single corePVCI copper cables drawn in concealed25mm HG PVC conduits and steel trunking.

14 No.

1.06 13 Amps. Moulded plate switched socketoutlet with neon indicator as BG, CLIPSALor approved equivalent

a) Single. 1 No.

b) Twin. 5 No.

1.0713 Amps. Watertight Moulded plateswitched socket outlet as GE electric orapproved equivalent being :-

a) Single. 3 No.

b) Twin.5 No.

1.08 Cold Room power point completely wired in3 X 6.0mm sq. PVC SC Cu cables drawn in32mm diameter concealed HG PVC conduit- Chest Freezer.

3 No.

1.09 32A SPN isolator for item 1.08 above asCLIPSAL or approved equivalent. 3 No.

1.10

Machine power point comprising wiring in5x4.0 mm sq. single core PVCI coppercables drawn in concealed 32mm HG PVCconduits

2 No. 0.00

1.1132A TPN isolator for item 1.10 above asCLIPSAL or approved equivalent. 2 No. 0.00

1.12

20 Amps. 5 Pin Watertight Industrial

Schuko socket outlets as GE or approvedequivalent.

2 No. 0.00




- 117 -

SECTION 5:

Item Description Qty Unit Rate (USD)Amount

(USD)


SUB-MAIN DISTRIBUTION CIRCUITS.

1.13

Circuit comprising of 5x16mm sq. SC CUPVCI cables drawn in concealed 38 mmdia. HG PVC conduits from the KPLC MeterBoard to the DB

30 LM 0.00

a) Cable gland for above cable 2 No. 0.00

1.149-way TPN Distribution Board asCRABTREE, Flush mounted, complete with1No. 100A TP/N integral isolator.

1 No. 0.00

1.15 Miniature circuit breakers for above itema)10Amp SP MCB 3 No. 0.00

b) 20Amp SP MCB 4 No. 0.00

c) 30Amp SP MCB 2 No. 0.00

d) 30Amp TP MCB 3 No. 0.00

e) Blanking for spare 2 No. 0.00

METER BOX

1.16 16 SWG surface mounted and spraypainted Meter board to accommodate 1No.Single tariff Prepaid Meters completewith , 200A TPN MCCB and all othernecessary accessories.

1 No.

1.17 100mm dia. HG PVC conduit fromMeterboard to the outside for service lineto KP&LC‟s approval.

15 LM




- 118 -

SECTION 5:

Item Description Qty UnitRate

(USD)Amount

(USD)


EARTHING.

1.18

Earthing, items 1.32 above, comprising of

the following :-

a) 12.5 mm x 1200 mm earth rod asFURSE cat. No. RB 105.

1 No. 0.00

b) 12.5 mm dia. Driving stud as FURSEcat.No. ST100.

1 No. 0.00

c) Rod to cable clamp as FURSE cat. No.CR510.

1 No. 0.00

d) Concrete inspection pit as FURSE cat.No.PT005. (or a well made 320mm x320mmx 210 mm depth pit.)

1 No. 0.00

e) 16 mm sq. SC PVCI CU cables drawn in20 mm dia.PVC conduit concealed in walls.

6 LM 0.00

FIRE ALARM SYSTEM.

1.19

Fire alarm points wired in 3x2.5mm2 Heatresistant SC PVC copper cables drawn inconcealed 20mm diameter HG PVCconduits

9 No.-

1.20240V ac fire alarm bell with 150mm gongas MENVIER or approved equivalent

1 No.-

1.21

Fire break glass Manual, watertight, callpoint unit as MENVIER or approvedequivalent complete with a packet of 5spare glasses, a packet of 5 spare testkeys, a spare back box and a hingedcover.

2 No.-

1.22Photoelectric smoke detectors as MENVIERor approved equivalent

6 No.-

1.23

Standaalone single-zone Fire alarmcontrol panel complete with Battery andcharger as MENVIER or approvedequivalent

1 No.-




- 119 -

SECTION 5:

SCHEDULE 2 - LIGHTNING PROTECTION SYSTEM

ItemDescription Qty Unit

Rate

(USD)

Amount

(USD)

Supply, install, test and commission the

following ;-

LIGHTNING PROTECTION

AIR TERMINATION

2.0025x3mm 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 roof15 No.

2.02 Copper air terminations (lightning arrestors)

inclusive of base clamp and all fixing materials

as FURSE

2 No.

DOWNWARD CONDUCTOR

2.03 Downward conductor comprising 25mm x 3

mm thick bare copper tape as FURSE25 LM

2.04 Copper square tape clamp for making crossing

tape joints

2 No.

2.05 Steel conduits32mm diam. for securing the

down conductors complete with saddles40 LM

2.06 Test clamp as FURSE 2 No.

EARTHING

2.07 Earth inspection concrete chamber 300mm x

300mm x 300mm with an air tight inspection

cover to approval.

2 No.

2.08 16 mm nominal diameter by 1500mm threaded

copper bond earth rod as Furse P NO 310

driven to ground.

2 No.

2.09Driving stud for the above item as Furse ST 300 2 No.

2.10 Earth electrode rod - to - downward conductor

copper tape clamps as Furse CR 1052 No.

SUB- TOTAL FOR LIGHTNENING PROTECTION C/F TO

COLLECTION PAGE

SCHEDULE 3 - GENERATING SET



- 120 -

SECTION 5:

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

(USD)

3.00 Supply, deliver to site, install, test and

commission a prime rated 25KVA 3 phase,

415V, 50Hz diesel generating set with acontinuous 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.

1 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

1 Item

3.03 Complete earthing of generating set to electrical

engineer’s approval (inclusive of manhole with

watertight cover)

1 Item


SCHEDULE 3 - AMF CONTROL PANEL



- 121 -

SECTION 5:


(USD)


Supply, deliver to site, install, test and

commission the following:3.04 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

1 No

3.05 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 BYPASSposition, the generator shall receive no signal

to start

1 No.

3.06 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.

1 No.

3.09 12 volts battery as specified in clause 9.6 ofthe particular specifications

1 No.

3.10 Amoured cables complete with glands and pvc

sleeves:

(a) 1x16mm ,4 core PVC/SWA/PVC copper

cable

40 LM

(b)2.5mm , 4 core, PVC/SWA/PVC copper

control cable

40 LM

3.11 Trenching, cable laying, Hatari tiling and

backfilling for item 2.5 above

40 LM

3.12 Interwire the control panel with the DB board 1 Item


SCHEDULE 3 –

AUXILIARY FUEL TANK



- 122 -

SECTION 5:


(USD)


3.13 Supply, deliver to site and install, to the

approval of the project manager, and connect to

the daily service base/belly fuel tank, anauxiliary 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.

1 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

1 Item

3.15 Supply, install, test and commission a manually

operated fuel pump complete with all

interconnecting accessories and G. I piping

1 Item

3.16 Provide for wiring item 3.3 above using

appropriate cables complete with all pump

control accessories

1 lot




- 123 -

SECTION 5:

BILL NO.2 SCHEDULE 4 - TOOLS TO BE SUPPLIED WITH THE SET


(USD)

Sub- Total B/F From Previous Page0.00

For the supply to site of the following tools:

3.17 Metal tool box with lock and two keys 1 No

3.18 Set of 8 No. Chrome vanadium ring spanners in

sizes to suit the set 1 No

3.19 Set of 3 screwdrivers, 75mm, 200mm and

300mm plus one 200mm Philips type 1 No

3.20 - ditto -but open ended spanners 1 No

3.21 Set of feeler gauges 1 No

3.22 Grease gun to suit greasing points 1 No

3.23 Oil can, trigger type 1 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




- 124 -

SECTION 5:

BILL NO. 2 SCHEDULE 5- RECOMMENDED SPARE PARTS AND LUBRICATORS


(USD)


For the supply to the site of the following

spare parts and lubricators:

3.25 Oil Filters 4 No

3.26 Fuel Filters 4 No

3.27 Injector to suit the set 1 No

3.28 Set of Fan belts to suit the set 1 No

3.29 10 litres container of sump oil of

grade.......................................* 1 No

3.30 2 kilogram tin greases of

grade..................................................* 1 No

3.31 10 litre plastic container of distilled water 1 No

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



- 125 -

SECTION 5:

ELECTRICAL WORKS COLLECTION PAGE

ITEM DESCRIPTION QTY UNIT RATE TOTAL(USD)

A Plant Electrical Installation Works

B Lightning Protection System

C Generator Installation Works

D Provisional Sum for KPLC Connection

ChargesItem 4,500.00

SUB-TOTAL FOR THE ELECTRICAL

WORKS C/F TO GENERAL SUMMARY

PAGE



- 126 -

SECTION 5:

PROPOSED ERECTION AND COMPLETION OF MEAT COLD STOAGE ANDASSOCIATED FACILITIES

ITEM DESCRIPTION TENDERER'SAMOUNT (USD)

OFFICIAL USEONLY(USD)

BILL NO 3. BILL SUMMARY

A Sub Total For Builders/Civil work

B Sub Total For Mechanical Works

C Sub Total For Electrical Works

Total for One (1) No, Carried to Grand

Summary. (USD)



- 127 -

SECTION 5:

GRAND SUMMARY PAGE

Item Description Amount (USD)

1 Bill No. 1: Preliminaries

2 Bill No. 2: Builders Work

3 Contingency 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 AssociatedAccessories Carried to Bid Form

Amount in words:………………………………………………………………………………………………………………………

…………………………………………………………..……………………...…………………………………………………………….

Tenderer's Name and Stamp……………………….……………………………………………………………………………

Address …………………………………...………………………...…..……………………………………………………………..

Tenderer's Signature ………………………………………………………………………………………………………………

Date…………………………...…………………………………………………………………………………………………………..

Witness Name:………………………………………………………………………………………………………………………….

Witness Signature …………………………………..... …………………………………………………………………………

Date………………………………………………………………………………………………………………………………………….



- 128 -

SECTION 6

SECTION 6Contract

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



- 129 -

SECTION 6

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 ........................................................................................ 17646. Dispute resolution .................................................................................... 176

ETHICS CLAUSES……. .......................................................................................... 176

47. Ethics Clauses .......................................................................................... 176

48. Administrative Sanctions ........................................................................... 177

49. Checks and controls by the Polish Government ............................................. 177



- 130 -

SECTION 6

A. CONTRACT AGREEMENT

INDEX

1. Scope ..................................................................................................... 132

2. Price ....................................................................................................... 1323. Method of payment ................................................................................... 132

4. Entry into force ........................................................................................ 134

5. Execution Period ....................................................................................... 135

6. Order of prevalence of contractual documents .............................................. 135

7. Communications ....................................................................................... 135



- 131 -

SECTION 6

CONTRACT AGREEMENT

<The Contracting Authority must complete this form in accordance with the instructionsgiven. No alterations to this form or replacements will be accepted >

THIS AGREEMENT made between:

<MINISTRY OF AGRICULTURE, LIVESTOCK AND FISHERIES – STATE DEPARTMENT OFLIVESTOCK> (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 theGovernment of Kenya charged against the Tied Aid Fund for Modernization ofAgriculture using Polish entrepreneurs to finance the procurement of Meat coldstorage and Associated facilites in Kenya.

II) Whereas the Contracting Authority has convened a Bidding Process to contract theProject and has accepted the Bid submitted by the Contractor to execute the saidProject in the amount of --------------<insert Contract price expressed in words andfigures>.

On the basis of the above, the persons here present agree to execute this Contractpursuant to the following:



- 132 -

SECTION 6

ARTICLES

1. Scope

1.1. This contract includes the supply, delivery, installation, testing, commissioningand handing over to the certification of the engineer and maintenance for a

period of twelve months, five (5 No.), Cold Storage Rooms for Meat andassociated facilities complete with associated accessories.

1.2. The terms and expressions of this Contract shall be interpreted in the samesense 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 Aidcredit, amounts to the sum of USD ______________________ [insert amountin figures and words]

2.2. Said amount is deemed to be a fixed non-reviewable price.

2.3. This price breaks down as follows:

COST CENTRETotal

USD

A.1 IMPORTED GOODS(POLISH AND/OR THIRDCOUNTRY ORIGIN)

A.2 SERVICES (POLISHAND/OR THIRD COUNTRYORIGIN)

B. LOCAL COST

TOTAL (A1+A2+B)

2.4. Contract Price list for Imported Goods (including Supply, Installation, Testingand Commissioning), Services, Local Cost and Total Price List of the Contract ofeach 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 underthis 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 theContractor to the Paying Bank of the following documents:



- 133 -

SECTION 6

One (1) original and two (2) copies of the commercial invoice;

One (1) original and one (1) copy of the Advance Payment BankGuarantee issued by a bank of renowned international repute in thesame amount and to be issued on a prorated basis according tocompletion 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 ofthe Contract;

Two (2) copies of the Performance Security issued pursuant toArticle 17 (Performance Security) of the General Conditions ofContract and a document with the acknowledgement of reception ofthe Performance Security signed by the Contracting Authority.

3.1.2 Payment for Supply, Installation, Testing and Commissioning ofCold Storage Rooms for Meat and Associated facilities– Quantity

Five (5 No)

a. 45% (forty five per cent), of the value of Cold Storage Rooms forMeat 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 submissionby the Contractor to the Paying Bank of the following complete setof documents in respect of each delivery, comprising:

1 (one) original and 2 (two) copies of the commercial invoicereferring 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 thecorresponding transport document (Air Way Bill, CFR, CMR, TIRor 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 referringto the Goods and quantity;

1 (one) original and 2 (two) copies of the transport insurancepolicy covering 110% of the value of the Goods pursuant toArticle 28 (Delivery, Transport and Insurance of Goods) of theGeneral Conditions of Contract;

1 (one) original and 2 (two) copies of the Official Certificate ofOrigin issued by a Polish Chamber of Commerce. In the case ofGoods of third country origin, the Official Certificate of Originwill be issued by an official authority;

1 (one) original and 2 (two) copies of the Prior InspectionCertificate issued by an inspection company of renownedinternational prestige pursuant to Article 30 (Inspection ofGoods prior to Dispatch) of the General Conditions of Contract;

1 (one) original and 2 (two) copies of the certificate of theManufacturer/Official Distributor or Contractor warranty of the

Goods for such shipment;



- 134 -

SECTION 6

2 (two) copies of the shipment authorisation issued by theContracting Authority:

b. 45% (forty five per cent), of the value of Cold Storage Rooms forMeat and Associated facilities as per Incoterms 2010 regulationsbeing the amount of < ______ (state amount in figures and

words)> upon Installation, Testing and Commissioning . Thefollowing documents should be provided by the contractor to thepaying bank:

1 (one) original and 2 (two) copies of the commercial invoicesigned and accepted by the Contracting Authority;

1 (one) original and 2 (two) copies of the practical completioncertificate signed and accepted by the Contracting Authority andby 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 theamount of < ______ (state amount in figures and words)> uponInstallation, Testing and Commissioning. The following documentsshould be provided by the contractor to the paying bank:

1 (one) original and 2 (two) copies of the commercial invoicesigned and accepted by the Contracting Authority;

1 (one) original and 2 (two) copies of the final acceptancecertificate signed and accepted by the Contracting Authority andby the Contractor.

3.2.

All payments to the Contractor will be carried out in accordance with Tied AidCredit agreement.

4. Entry into force

4.1. This Contract will enter in force on the date on which each and every one of thefollowing conditions have been met:

a. That the Contractor has submitted a Performance Security pursuant toArticle 17 (Performance Security) of the General Conditions of Contract.

b. That the Polish authorities have issued all the necessary administrativepermits, 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 necessaryadministrative 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 enteredinto by authorities with jurisdiction and come into force.

e. That the Contractor has received the advance payment referred to underArticle 3 of this Contract Agreement.



- 135 -

SECTION 6

4.2. Each party must do its best to meet the conditions referred to in the previousArticle 4.1 and from which they are responsible.

4.3. This Contract will be automatically terminated in the event that it does not giverise 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 signatureof the Project Site handing over Certificate by representatives of theContracting Authority and the Contractor pursuant to Article 19 (ExecutionPeriod / Project Site Handing Over Certificate) of the General Conditions ofContract, without prejudice to any extensions to said time period which may beagreed 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 Sitehanding 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 interpretedas forming an integral part of this Contract and shall have the following order ofprevalence:

a. This Contract Agreement.

b. The General Conditions of Contract.

c.

The Bidding Documents, any clarification and any addenda prior Bidsubmission deadline and official records of the clarification meeting/sitevisit (Annex II)

d. The Technical Proposal of the Successful Bidder (Annex III).

e. Budget breakdown of the Successful Bidder including Price Listfor Imported Goods (including Cold Storage Rooms for Meat andAssociated facilities, Spare Parts, Consumables and SpecialTools, as established in the definition of Goods), Services, LocalCost and Total Price List of the Contract the following documents.

<add any other document>.

<THE SUCCESSFUL BIDDER MAY NOT IN ANY EVENT CHANGE THE ORDERESTABLISHED UNDER THIS ARTICLE >

6.2. Any addenda will prevail according to the order of prevalence of the amendeddocument.

6.3. The various different documents comprising the Contract are deemed self-explanatory, in the case of ambiguity or variation, the order of prevalence setout above will apply.

7. Communications



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7.1. Communications between the Contracting Authority and the Contractor will becarried on in writing and in English language as established in the GeneralConditions of Contract.

7.2. For that purpose, the parties provide the following business addresses anddetails:

inistry of Agriculture, Livestock andFisheries

State Department of Livestock

Address: P. O. Box 34188-00100Nairobi, Kenya

Telephone: +254 020 2718870

Email:[email protected]

Website: www.kilimo.go.ke

<state the full name of theContractor>

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 andFisheries

State Department of Livestock

Name: <state the full name of theperson signing the Contract>

Acting as <state the legal status ofthe person signing the Contract>

Signature:

Date: <state date of signing>

CONTRACTOR:

<state the full name of theContractor>

Name: <state the full name of theperson signing the Contract>

Acting as <state the legal status ofthe person signing the Contract>

Signature:

Date: <state date of signing>

In the presence of the appointed nominee of the Polish Embassy in the Republic ofKenya, who signs this Contract acting as witness.







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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



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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 Associatedfacilities 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



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PRELIMINARY PROVISIONS

1. Definitions

Bid A set of elements comprising the Bid signed by the

Contractor for execution of the Contract and anyother document that the Contractor submits with itin the course of the Bidding Process convened by theContracting Authority to award the Project.

Tied aid credit Agreement signed on September 22nd, 2015between the Government of the Republic of Kenyaand the Government of the Republic of Poland.

Commissioning Means satisfactory trial run for Contracting

Authority‟s needs.

Completion Tests Refers to tests, checks and other requirementsspecified in the Contract and which the Contractormust carry out as established in Article 38(Completion Tests) of these General Conditions ofContract, before the Contracting Authority willproceed to the acceptance of the Project or of a partthereof (as appropriate).

Contract The contractual agreement entered into between the

Contracting Authority and the Contractor, togetherwith the Contract Documents referred to therein; allof these together comprise the contract and theterm “the Contract” will be interpreted in thismanner across all documents.

Contracting Authority The entity designated as such within the Contract,including its legal successors.

Contracting AuthorityTechnical Requirements

or Technical

Requirements

Refers to the document setting out the ContractingAuthority minimum Technical Requirements forachieving the purpose identified within the Contract.

Contractor The person or persons whose Bid to execute theContract has been accepted by the ContractingAuthority, in receipt of non-objection by the PolishGovernment and designated as such within theContract. The term includes legal successors orauthorised assignees of the Contracting Authority



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Contractor Equipment Refers to all equipment, machinery, tools,apparatus, devices and objects of all kinds necessaryto execute the Contract, not including Goods orother objects forming part of or intended to formpart of the Project.

Day Refers to a calendar day of the Gregorian calendar.

Design Refers to all documents necessary in order todefine/design and properly execute the Contract andto be submitted by the Contractor for approval toContracting Authority pursuant to the provisions setdown in Article 26 (Design) of these GeneralConditions of Contract.

Execution Period Refers to the period of time required for the

execution of the Project according to the provisionsset down in Article 5 (Execution Period) of theContract Agreement.

Final Acceptance

Certificate

Certificate issued according to the provisions setdown in Article 43 (Final Acceptance) of theseGeneral 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 othermaterials, but does not include ContractorEquipment, to be provided by Contractor to theContracting Authority by virtue of the Contract.

Goods Delivery Certificate Certificate issued according to the provisions setdown in Article 28 (Delivery, Transport andInsurance of Goods) of these General Conditions ofContract.

ICC International Chamber of Commerce.

Incoterms International Commercial Terms published by ICC

Installation Means the erection and/or setting up of theequipment to the right place as required by theContracting Authority.

ILS International Labour Standards.



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ITC Inspection, Testing and Commissioning of the plantand equipment including parts and consumablesrequired 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 ofServices, carrying out Works)

Tied Aid Credit/ FinancingAgreement

Refers to the Tied Aid Credit entered into betweenthe Government of the Republic of Kenya and TheGovernment of the Republic of Poland

Notice of Award Formal letter of acceptance of Bid signed by theContracting Authority including annexes or

agreements entered into and signed by both parties.

OECD Organisation for Economic Co-operation andDevelopment.

Party Contracting Authority or Contractor according to thecontext.

Paying Bank Refers to the bank designated by the Contractorcharged with making payments due to theContractor against submission of the paymentdocuments specified in this Contract.

Performance Schedule Shall have the meaning given in Article 25(Performance Schedule) of these General Conditionsof Contract.

Project Supply, Installation, Testing and Commissioning Offive (5 No.) Cold Storage Rooms for Meat andAssociated facilities

Project Site Refers to the locations where the Cold StorageRooms for Meat and Associated facilities will bedelivered, the Works carried out and the Servicesprovided.

Site handing over

Certificate

Certificate issued according to the provisions setdown in Article 19 (Execution Period / Project SiteAvailability Certificate) of these General Conditionsof Contract.



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Practical Completion Certificate issued according to the provisions setdown in Article 39 (Handing Over) of these GeneralConditions of Contract.

Services Refers to the related services, such as, ITC and all

those required for the correct implementation of theGoods and special services, such as, training,Design, maintenance, warranty and after-salesservice, to be performed by the Contractor inaccordance with the provisions of the Contract.

Technical

Proposal/TechnicalSpecifications

Refers to the document setting out a specifictechnical detail of the Goods, Services and Worksincluded in the Bid of the Successful Bidder andmaking it possible to ascertain whether TechnicalRequirements have been met.

Warranty Period Refers to the period established in Article 40(Warranty Obligations) of these General Conditionsof Contract.

Works Refers to all installations, builders and otherassociated works deemed necessary to be providedby 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 theRepublic of Kenya.

2.2. The Contract, together with all correspondence and documents regarding theContract and exchanged between the Contractor and the Contracting Authoritymust be written in English Language.

Supporting documents and printed materials forming part of the Contract may besubmitted in a different language as long as said documents have an attached faithfultranslation of the relevant sections to the English Language and, in that event, thetranslation 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 thesingular and vice versa; equally, masculine references are deemed to includethe feminine and vice versa.

3.2. The meanings of commercial terms and also of the rights and obligations of theparties shall be as established under Incoterms, published by the ICC, 2010edition, unless there is a discrepancy with any provision of the Contract.



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3.3. No modification or other variation to the Contract will be deemed valid unless itis set down in writing, dated and refers expressly to the Contract, signed by aduly authorised representative of each of the parties.

3.4. In the event that any provision or condition of the Contract is prohibited, void orunenforceable, then that prohibition, nullity or lack of enforceability shall not

affect the validity or fulfilment of the remaining Contract provisions orconditions, as long as the main provision is not altered nor the balance ofprovisions affected in any extraordinary manner.

4. Communications

4.1. Communications between the Contracting Authority and the Contractor mayonly take place in writing. Any communications between the ContractingAuthority and the Contractor must be sent by post, telegram, fax, e-mail or bedelivered by hand to the appropriate addresses provided by Parties for thatpurpose.

4.2. If the sender requires an acknowledgement of receipt, this must be stated inthe communication and the sender must further request the acknowledgementif a deadline exists for receipt of the communication. At all events, the sendermust 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 beset down in writing, unless otherwise provided, and the terms „notify‟, „agree‟,

„approve‟, „authorise‟, „certify‟ or „decide‟ shall have an identical effect. Suchagreement, approval, authorisation, certificate or decision may neither bedenied 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 writtenagreement by means of which the Contractor transfers the Contract orits corresponding part thereof to a third party.

5.1.2 Authorisation on the part of the Contracting Authority of an assignmentshall not exonerate the Contractor from its obligations with regard toany part of the Contract already executed or not assigned.

5.1.3 In the event that the Contractor assigns its Contract withoutauthorisation, other than in the scenarios provided for under Article5.1.2 the Contracting Authority shall be entitled, without anyrequirement for official notification, to apply sanctions for breach asprovided under this Contract.

5.1.4 The beneficiaries of an assignment must meet applicable eligibility andsolvency criteria for Contract Award.

5.1.5 Any assignment agreement approved by the Contracting Authority mustin turn have the prior approval of Polish Government.

Sub-contracting



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5.1.6 Subcontracting shall only be deemed valid when set down in a writtencontract in which the Contractor entrusts third parties with execution ofpart of its Contract.

5.1.7 The Contractor may not subcontract any part of the Project without theprior written authorisation from the Contracting Authorities. If

subcontracting was referred to within the Bid, then any changes theretoshall require the prior authorisation of the Polish Government.

5.1.8 Sub-contractors must meet eligibility criteria applicable to the award ofthe Contract pursuant to Clause 4.3 of the Instructions to Bidders.

5.1.9 The Contractor will be deemed liable for any actions, breaches ornegligence on the part of its subcontractors, their agents or employees,as if these had been actions, breaches or negligence on the part of theContractor, its agents or its employees. In the event that theContracting Authority has approved the subcontracting of any part ofthe 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 theContractor which will continue beyond the Warranty Period establishedwithin the Contract, with regard to the provisions and works carried outby the subcontractor, then the Contractor, at the request and at theexpense of the Contracting Authority shall, immediately and at anygiven time, assign the benefit of such obligations after the WarrantyPeriod has expired to the Contracting Authority with regard to theperiod remaining in force.

6. Joint Venture or Consortium

6.1. If the Contractor is a Joint Venture or Consortium constituted by two ormore entities, then the said entities are deemed jointly liable for compliancewith the Contract terms and shall appoint one of said entities as the leaderempowered to oblige the Joint Venture or Consortium. No modification maybe made to the Joint Venture or Consortium without the prior consent inwriting of the Contracting Authority.

7. Confidentiality

7.1. The Contractor must treat all information and documents received in relationto this Contract as private and confidential and shall not, other than to theextent as may be necessary to ensure it is executed, either publish ordisclose any detail thereof without the prior consent in writing of theContracting Authority. If any dispute arises as to need, for the purposes ofthe Contract, to publish or disclose information, then the final authority shallbe on the Contracting Authority.

8. Patents and Licences

8.1. The Contractor must compensate the Contracting Authority for any claimarising out of the use, pursuant to the provisions of the Contract, of patents,licences, drawings, designs, models, trademarks or registered signs, unlessthe infringement came about by adherence to the Technical Requirements ofthe 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 StorageRooms for Meat and Associated facilities, including all associated

accessories and Consumables for start-up, in order to execute the Projectpursuant to the provisions set out in the Contract, finish it and correct anypossible defects of that design with due care and diligence and strictlycomplying with the provisions set down in the Contract. After completion,the Project must be suitable for the intended purposes as defined in theContract.

9.2. The Contractor shall direct execution of the provisions subject of theContract and shall provide such personnel, materials, installation, equipmentand other elements, whether provisional or permanent, as required by theDesign, by execution and completion of the Project, and also to remedy anypossible 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 TechnicalRequirements, the Technical Proposal or any other work implicit in theContract, 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 andsecurity of all operations and methods provided for in the Contract.

9.5. The Contractor must provide a service address or an address in Kenya andmust 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 allnotices 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 itsapproval, a Contract Performance Schedule, pursuant to the provisions setout under Article 25 (Performance Schedule) of these General Conditions ofContract.

9.7. The Contractor must respect and adhere to the legislation and regulations inforce in the country of the Contracting Authority and must ensure that itspersonnel, persons dependent on the Contractor and its local employees alsorespect and adhere to said legislation and regulations. The Contractor mustcompensate the Contracting Authority for any claims or legal actions arisingout of any breach of said legislation and regulations on the part of theContractor, 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 collectivebargaining, the elimination of forced or compulsory labour, the elimination ofdiscrimination in employment and professional matters and the abolition ofchild labour.



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9.9. In the event that the Contractor or any of its subcontractors, members ofstaff or employees were to offer, agree to offer or give any person a bribe,presents, bonus or commission as incentive or recompense for acts oromissions in relation to the Contract or to any other contract entered intowith the Contracting Authority, as recognition for having shown favourableor discriminatory behaviour with regard to any person in relation to the

Contract or to any other contract entered into with the ContractingAuthority, then the latter may, without prejudice to the contractual rights ofthe Contractor, terminate the Contract as established under the appropriateprovisions of this Contract.

10. Obligations of the Contracting Authority

10.1. The Contracting Authority shall obtain and give legal and physical possessionof the Project Site and access thereto, as well as to provide possession andaccess to all other locations as may be reasonably necessary in order toadequately execute the Contract, including all easements. The ContractingAuthority shall sign the Project Site Handing Over Certificate pursuant to

Article 19 (Execution Period / Site handing Over Certificate) of these GeneralConditions of Contract.

10.2. The Contracting Authority shall hand over the Project Site to the Contractorunder the terms of paragraph 10.1 of this Article and making utilityconnections and provisional and permanent water, telephone, gas, seweragein general, electricity and any other utility as necessary available on ProjectSite, as established under the Technical Requirements and TechnicalProposal 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 thePerformance Schedule, and at its own risk and expense, and also to carryout official procedures with Customs Authorities for import the Goodsrequired to execute the Contract in the Republic of Kenya. The Contractorshall, for that purpose, provide the Contracting Authority sufficiently inadvance with details of the Goods concerned.

10.4. The Contracting Authority shall obtain and pay for all permits, approvalsand/or licences from all local, regional or national government authorities orfrom public service companies as necessary in order to execute the Project.

10.5. The Contracting Authority shall cooperate with the Contractor in obtainingresident and work permits, as well as any other necessary documents whichmust be issued by the authorities of the Republic of Kenya to permit foreignContractor personnel to remain and to work in the Republic of Kenya.

10.6. The Contracting Authority must provide sufficient numbers of duly qualifiedoperation and maintenance personnel and must carry out all works andservices of any kind, including those required by the Contractor in order toproperly carry out inspections and trials prior to start-up, within the timeperiod specified in the Performance Schedule and in the manner set outtherein or in any other way agreed between the Contracting Authority andthe Contractor.



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10.7. The Contracting Authority shall receive the Cold Storage Rooms for Meat andAssociated facilities as per Incoterms 2010 and to sign off the GoodsDelivery Certificate according to Article 28 (Delivery, Transport andInsurance of Goods) of these General Conditions of Contract.

10.8. The Contracting Authority shall issue the practical completion of the Projectsubject of this Contract, undertaking to attend tests and provisionalacceptance acts convened, and to sign off the Handing Over Certificateaccording to Article 39 (Handing Over) of these General Conditions ofContract.

10.9. The Contracting Authority shall issue the final acceptance of the Projectwithin a maximum period of 12 (twelve) months, calculated from the datethe Handing Over Certificate is issued, undertaking to attend finalacceptance acts convened and to sign off the Final Acceptance Certificateaccording to Article 43 (Final Acceptance) of these General Conditions ofContract.

11. Sufficiency of the Contract price

11.1. The Contractor is presumed to have inspected and personally studied theProject Proposal and all the conditions associated and ascertained therequirements, also to have taken into account the form and characteristicsof the Project, the scope and nature of the provisions set out in theContract, the materials necessary for execution, the means ofcommunication, accommodation facilities and access thereto, as well as anyother facilities that the Contractor may require and, in general, allinformation as necessary with regard to risks, contingencies and any othercircumstances which may affect or condition the Bid.

11.2. The Contractor is expected to have ensured that the Bid submitted is correctand 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 offeredon the basis of its own calculations, operations and estimates, theContractor must therefore execute all of the tasks allocated to any item ofthe Bid without surcharge.

12. Unforeseeable physical conditions

12.1. Throughout this Article, the term “physical conditions” is deemed to refer toany natural or artificial physical conditions or any other physical impedimentor constraints that the Contractor may find on the Project Site whenexecuting the Contract, including social and geological conditions butexcluding weather conditions.

12.2. If the Contractor finds that adverse physical conditions exist that it deemswere unforeseeable, the Contractor must notify the Contracting Authority assoon as possible. The notice must set out the physical conditions involved, inorder for the Contracting Authority to be able to inspect said conditions, andmust give reasons as to why the Contractor deems the conditions to havebeen unforeseeable. The Contractor must continue to execute the Contracttaking 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 theaforesaid artificial impediments or physical conditions to compriseunforeseeable circumstances for an experienced Contractor, the Contractorshall 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 orresearched the physical conditions, the Contracting Authority shall then,having previously notified Polish Government, decide to what extent thephysical conditions concerned were in fact unforeseeable and whether thematters described under above Articles 12.1, 12.2 and 12.3 may have hadanything to do with the unforeseeable nature of it.

12.5. Any amendment or modification of the Contract by virtue of this Article musthave 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 theamendments carried out by virtue of this Contract.

13. Clause of Origin

13.1. The Installation, Testing and commissioning of Cold Storage Rooms for Meatand Associated facilities subject of this Contract must be as provided forunder 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 financedby the Government of Poland must adhere to the provisions set down withinthe Tied Aid Credit as well as those set down in the General Agreementregarding guidelines for export credit matters officially approved by theOECD.

13.3. The aforesaid Tied Aid Credit establishes that the amounts of local cost andthird 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 ofthe goods and services supplied by local companies in the Republic of Kenyaunder the surveillance of the contractor and conducive to theimplementation of the commercial contract ” and the “local company meansa company which is duly registered in Kenya under the Companies Act

wholly owned and controlled by persons who are citizens of Kenya andwhose operation is based in Kenya”.



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13.5. To show the origin of the Goods, the Contractor must submit an originalcertificate of origin (from Polish Chamber of Commerce if the certificate isobtained in Poland) of the Goods at the time of shipment. Failure to complywith this obligation will imply termination of the Contract. The ContractingAuthority of the Government of the Republic of Kenya, or its designatedrepresentative, 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 CustomsCode (European Community Council (ECC) Regulation No 2913/92) andother implementation regulations (European Commission (EC) Regulation isNo 2454/93).

13.7. For Purposes of this Article "origin" of the Goods or Services must bedetermined according to the nationality of the provider of the Goods andServices.

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 asfollows:

a. Insurance of Goods during transportation

To cover any loss or damage incurred to the Goods (including spareparts repositions) during transportation from Contractor or sub-contractor workshops or warehouses to the Project Site. The insurancemust at least cover the price set out within the Contract plus ten percent (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 AllRisk insurance policy to cover any damage that may occur to the Works,Goods, provisional installations and materials, from commencement ofthe Works or arrival of the Goods to the Project Site until FinalAcceptance of the Project.

The Contractor must insure the Works, Goods, provisional installationsand materials for a sum amounting to not less than the complete cost ofreconstruction, including demolition costs, removal of debris andprofessional fees and expenses.

c. Contractor Equipment Insurance

Sufficient insurance cover to replace any equipment and other objectsbrought 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 toaccidents at work arising in performance of the Contract and public liabilitywith regard to persons employed by the Contractor, by the ContractingAuthority and by the employees of said authority at the works. Insurancecover 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 coverthird-party damages for acts or omissions on the part of the Contractor or ofanother for whom the Contractor is responsible, their executors orrepresentatives. The Contractor must furthermore ensure that all itssubcontractors take out similar insurance.

14.4. All the insurances referred to in this Article must be taken out at the time ofissuance of the Site handing over Certificate. The insurances must beeffective from the date the Contract comes into force and continue in forceup until the Final Acceptance Certificate is issued. The Contractor mustsubmit the insurance policy to the Contracting Authority and provideevidence of being up-to-date with payments of premiums whenever requiredto do so by the Contracting Authority.

14.5. Without prejudice to Contractor obligations with regard to insurance asprovided for under this Article, the Contractor shall be the only partyresponsible and shall compensate the Contracting Authority with regard toany third party claim for material or personal damages as arising out of

performance of the Contract by the Contractor, its subcontractors or itsemployees.

CONTRACT PRICE AND PAYMENT

15. Price

15.1. The Contract price will be as specified under Article 2 (Price) of the ContractAgreement.

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 andsufficient and, unless otherwise provided in the Contract, the price mustcover all the Contractor contractual obligations.

16. Taxes and Duties

16.1. Financial facilities of the Tied Aid Agreement may not in any event be usedfor payment of taxes, customs fees, rights, encumbrances or chargesrelated with the importation of the Goods and Services subject of theContract 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 nationalgovernment authorities with regard to the Goods and Services outside theRepublic of Kenya.

16.3. The Contractor must obtain at his own risk and expense any export licenseand other official authorization or other documents and carry out, whereapplicable, all customs formalities necessary for the export for the Goodsand for their transit outside of the Republic of Kenya.

16.4. The Contracting Authority shall bear to be liable and promptly pay allcustoms and import duties as well as other local taxes, duties, levies andcharges imposed to the Goods, Services and Works due to the application ofthe 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 anyother tax privilege in the destination country for the Goods and Services,then the Contracting Authority to the obliged to ensure that the Contractorbenefit from such tax savings.

17. Performance Security

17.1. Upon signature of the contract Agreement the Contracting Authority willnotify the Contractor the obligation of furnishing the Performance Securitythat will replace the Bid Security. Within 30 (thirty) days of the receipt ofthis notification from the Contracting Authority, the Contractor shall furnishthe Performance Security for the performance of the Contract, in the amountof 10% (ten per cent) of the Contract price.

17.2. The Performance Security will be used to pay the Contracting Authority forany damages arising out of Contractor negligence with regard to full andproper compliance with its contractual obligations.

17.3. The Performance Security must be set out according to the “PerformanceSecurity Form” included in Annex I of the Contract.

17.4. The Performance Security must be established in the same currency as theContract (USD).

17.5. The Contractor will not be paid any amounts until such time as the aforesaidPerformance Security has been set up. The Performance Security shallremain in force up until the Contract has been fully executed.

17.6. In the event that during performance of the Contract the individual or legalentity providing the Performance Security is not able to meet its

commitments, then the Contracting Authority will officially inform theContractor that the latter must provide evidence of the new PerformanceSecurity under the same conditions as the previous Performance Security. Ifthe Contractor fails to provide evidence of a new Performance Security, theContracting Authority shall be entitled to terminate the Contract.

17.7. The Contracting Authority will require the Performance Security to come intoeffect and pay all amounts for which the guarantor is liable concerningbreach of contractual obligations by the Contractor, pursuant to the terms ofthe Performance Security and up to the total amount thereof. The guarantormust pay such amounts without delay against first call in writing, with anattached written declaration stating that the Contractor is in breach of itsobligations under the Contract, without argument or wilful objection, withoutany requirement to prove or to provide evidence of grounds or reasons forthe claim or the amount specified therein.

17.8. Prior to calling on the Performance Security the Contracting Authority mustforward a notice to the Contractor explaining the nature of the breach onwhich 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 theProject. In the case the Contractor may request a Practical CompletionCertificate 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 theconditions included under Article 4 (Entry into force) of the ContractAgreement has been met.

18.2. Each Party must do its best to comply with the conditions set out in theparagraph 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 theissuance of the Project Site Handing over Certificate pursuant to Article 5(Execution Period) of the Contract Agreement, without prejudice to anyextensions to said time period that may be granted pursuant to theprovisions of this Contract.

19.2. The Project Site Handing over Certificate shall be signed by representativesof the Contracting Authority and the Contractor once the Project Site isavailable 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 theContracting Authority has duly fulfilled its Contract obligations pursuant toArticles 10.1 and 10.2 of the General Conditions of Contract. By signing theProject Site Handing over Certificate, the Contractor assumes that theProject Site is ready to commence to deliver the materials, maintain andexecute the Works.

20. Extension of Execution Period

20.1. The Contractor may request an extension of the Contract Execution Period inthe event of a recorded or expected delay in termination of Contract on anyof the following grounds:

a. unusual meteorological conditions in the Contracting Authority country;

b. artificial impediments or physical conditions unforeseeable by anexperienced Contractor;

c. instructions from the Contracting Authority which affects the completiondate and not arising from any breach on the part of the Contractor;

d. Breach on the part of the Contracting Authority of its contractualobligations;

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 toany 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 fairlyreflect the delay or impediment suffered by the Contractor.

20.3. The Contractor shall be entitled to an extension of the Execution Period inany event not attributable to the Contractor which implies a delay orimpediment for the Contractor to comply with the Execution Period initiallyestablished.

20.4. Unless otherwise specifically provided in Contract, the Contractor mustsubmit a notice of application to extend the Execution Period to theContracting 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 Authorityand the Contractor will agree the duration of the extension as soon asreasonably possible after the aforesaid notice and details supporting theapplication have been received.

20.5. The Contractor shall make reasonable efforts at all times to keep any delayin compliance with its obligations pursuant to the Contract to a minimum.

20.6. Any extension of the Execution Period agreed by the Contracting Authoritymust be approved in advance by the Government of Poland, according to theprocedure 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 timeperiod specified in the Contract, or fails to hand over the Project inoperational conditions pursuant to the Performance Schedule agreed, thenthe Contracting Authority shall be entitled, without any requirement toprovide official notice and without prejudice to any other compensationstipulated in the Contract, to claim penalties with regard to each month thatelapses between termination of the stipulated period or the extended periodand the effective completion date, equivalent to 0.2% (two per thousand) ofthe value of the not delivered Cold Storage Rooms for Meat and Associatedfacilities, not provided Services or not executed Works and up to amaximum 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 wassubject of a partial handing over, then the stipulated compensation may bereduced in the proportion represented by the value of the accepted partwith regard to the total Contract value.

21.3. In the event that failure to comply with handover of part of the delivery ofthe Goods, provision of the Services or execution of Works prevents theProject from being used in a normal manner, then the stipulatedcompensation 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) ofthe Contract price, then it may, having provided written notice to theContractor:

a. Seize the Performance Security; and

b. terminate the Contract, and in that event the Contractor shall not beentitled to claim any compensation whatsoever;

21.5. In the event that the Contractor fails to complete the Project within the timeperiod specified in the Contract, or fails to handover the Project inoperational conditions pursuant to the Performance Schedule agreed, due toan event of Force Majeure as defined in article 46 (Force Majeure), theContracting Authority shall not be entitled to claim any penalties or requestany compensation to the Contractor for the damages incurred under theprovisions of this clause.

22. Amendments

22.1. The Contracting Authority may order any changes to the scope of theContract as necessary for the good outcome and operation thereof, as longas there is no variation to the total Contract price as a result of theparticular change.

22.2. Prior to issuing any instruction to carry out a change, the ContractingAuthority must notify the Contractor of the nature and manner of thechange. The Contractor must, as soon as possible after having received thenotice, 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, togetherwith a Performance Schedule;

b. all necessary modifications to the Performance Schedule or to anyobligations incumbent upon Contract by virtue of the Contract;

22.3. The Contracting Authority must, after having duly received the proposalfrom Contractor as referred to under the Article 22.2 above, decide as soonas possible whether the modification should be implemented or not.

22.4. Any change or modification of the Contract must be set down in writing inthe form of an Addendum and must be approved in advance by the PolishGovernment, duly attached to this Contract is deemed to form part thereofto all effects.

22.5. The financial resources of the Tied Aid Credit may not be used to finance anyextra costs arising out of modifications carried out by the ContractingAuthority.



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23. Suspension

23.1. If the Contracting Authority so requires, the Contractor must suspendexecution of all or part of the Contract for the time period and in the mannerdeemed 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 andAssociated facilities already executed, and also the Project Site, againstdeterioration, loss or damage. Any suspension of the Contract must beapproved in advance by the Polish Government.

23.2. Any additional costs caused by such protective measures will being incurredas 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 theContract to be correctly executed, as long as the necessity did not ariseout of any act or breach on the part of the Contracting Authority nor outof any unforeseeable physical conditions as provided for under Article12 (Unforeseeable Physical Conditions) of these General Condition ofContract

23.3. The Contractor will not be entitled to reimbursement of any costs unless ithas duly notified the Contracting Authority of its intention to claim suchcosts within a period of 30 (thirty) days from the date on which the order to

suspend execution of the Contract was received. The Contracting Authoritymust decide the amount payable for such costs and/or the duration of theextension of Execution Period that it considers fair and reasonable to grantthe Contractor when considering the claim.

23.4. If the suspension period exceeds 180 (one hundred and eighty) days and aslong as the suspension is not due to any breach on the part of theContractor, then the latter, by providing notice to the Contracting Authority,may request permission to restart the Contract execution or to terminate itwithin a period of 30 (thirty) days.

23.5. Financial resources from the Tied Aid Credit may not be used to finance anyextra costs arising out of such suspensions carried out by the ContractingAuthority and not the fault of the Contractor.

23.6. If any errors or material irregularities or fraud come to light during theaward procedure, upon entering into or executing the Contract, then theContracting Authority may suspend execution of the Contract concerned.The purpose of such suspension of Contract is to ascertain the truth extentof such errors or material irregularities or alleged frauds. In the event thatthese are not confirmed, then execution of Contract will re-commencefollowing verification.



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EXECUTION OF THE PROJECT

24. Representatives

24.1. The Contractor may designate a qualified professional as a Project Managerhaving the qualifications and experiences specified in the Technical Proposal.

24.2. The Project Manager is answerable to the Contracting Authority for correctlycarrying out the activities that comprise the scope of this Contract andundertakes to keep the latter promptly informed with regard to hismanagement. The Project Manager will be assisted by a Technical Director inthe Republic of Kenya. If the Technical Director is not designated in theContract then the Contractor must appoint the Technical Director within atime period of 14 (fourteen) days from the date on which the Contractcomes into force, and advise the name in writing to the ContractingAuthority.

24.2.1 In the event that it becomes necessary to replace the Project

Manager or the Technical Director, the new substitute must have atleast equivalent qualifications and experience and the Contractormust have obtained prior consent from the Contracting Authority.

24.3. The Contracting Authority must designate a professional with suitableexperience for the obligations taken on as Project Manager for theContracting 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 andno further limitations shall exist other than as defined within the Contractoverall.

24.5.

The Contracting Authority may replace its representative duly informing theContractor in writing.

24.6. A joint Committee will be set up to coordinate and control compliance withthis 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 theTechnical Director;

b. For the Contracting Authority: the Project Manager assisted byTechnical Assistant.

24.6.2 The purpose of the Committee will be to follow through theexecution 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 ContractingAuthority representatives. The call to convene must state the dateand location for the meeting and be drawn up by the ContractorProject Manager, who must also prepare the agenda for eachsession to cover matters that may require the representatives of theContracting 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 inwriting by whomsoever they deem appropriate. Decisions must beunanimous and a quorum shall exist whenever at least onerepresentative from each party is present. If no unanimous decisionis reached within a period of 15 (fifteen) days, then the highestauthority for each party may delegate an executive of the party as

appropriate and said executives shall meet and take decisions asthey deem appropriate, bearing in mind the inherent circumstancesin any given instance.

24.6.5 A person designated by Committee will be responsible for takingminutes of matters dealt with at the meetings, providing a copythereof to all the Committee members. The minutes must beapproved and signed by everyone present.

24.6.6 Decisions taken by the Committee shall not release the Contractoror the Contracting Authority from any of their contractualobligations.

24.7. The Contractor will provide the Contracting Authority with all manner offacilities 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 anystage, allowing and facilitating access to its installations and locations wherethe Contractor carries on its business activities at all times.

25. Performance Schedule

25.1. The Contractor must draw up and submit a Contract Performance Scheduleto the Contracting Authority or its representative for approval within a

maximum period of 30 (thirty) days after the Contract comes into force. TheSchedule must match the Execution Period and other Contract compliancetargets as set out on the Performance Schedule submitted as part of theContractor 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 Contractorproposes to use in order to execute the Contract; and

d. any other data or information that the Contracting Authority mayreasonably 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 arenot in compliance with the Contract, then the Contractor must work inaccordance with the schedule provided and subject to further obligationsderiving from the Contract.

25.3. Approval of the Performance Schedule by the Contracting Authority shall notrelease the Contractor from any of its contractual obligations.



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25.4. No changes must be made to the Performance Schedule without theapproval of the Contracting Authority. Nevertheless, if progress of the worksis not in accordance with schedule, the Contracting Authority may requestthat the Contractor review the schedule and submit the revised schedule forapproval.

25.5. The Contracting Authority must inform the Polish Government, or itsdesignated representative, of any changes made to the PerformanceSchedule.

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 accordingto 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 TechnicalRequirements and the Technical Proposal.

26.1.2 The layout designs must be submitted for approval to theContracting Authority according to the Performance Schedule andbe corrected at the expense of the Contractor in order to meet theTechnical Requirements of the Contracting Authority as well as theTechnical Proposal, eliminating any errors, omissions, ambiguities,including incoherencies and any other flaws.

26.2. Specifications and drawings–Technical Documents

26.2.1 The Contractor must carry out the Design to include all drawings,specifications and any other technical documents pursuant to theprovisions set down in the Technical Requirements, the TechnicalProposal and, wherever not specified, pursuant to good engineeringpractices, together with all documents as necessary for compliancewith legislation and regulations in force. The Contractor technicaldocuments comprising the plant layout designs must includedocuments that define the Project and particularly:

Description;

Calculations annexes;

Legislation for compliance;

Budget breakdown into measurements and unit pricessetting down the prices of Goods, Services and Works listedin the Successful Bid;

Detailed drawings;

Specific Documents: Health and Safety, EnvironmentalImpact Review, Quality Control and Assurance, ProjectMethod 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 theDesign 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 datefollowing receipt by the Contracting Authority of any documentsrequiring the approval of the Contracting Authority or wereotherwise notified Contract in writing that it has not approved thedocument and the reasons for this, together with the proposedchanges.

26.3.3 In the event that the Contracting Authority fails to forward approvalto the Contractor within the aforesaid period of 30 (thirty) days,then the Design will be deemed to have been approved by theContracting Authority.

26.3.4 The Contracting Authority may only refuse to approve theContractor Design if it does not adhere to any specific provision inthe Contract or is contrary to good engineering practices.

26.3.5 If the Contracting Authority rejects the Contractor Design, theContractor must amend the document and re-submit it to theContracting Authority for approval, pursuant to the provisions ofthis Article. If the Contracting Authority approves the documentsubject to modifications, then the Contractor must make therequired modifications and it will be deemed in that event that thedocument has been approved.

26.3.6 Approval by the Contracting Authority, with or without modification,of Design provided by the Contractor does not release theContractor from any liability imposed upon it under any givenprovision within the Contract, other than to the extent that anyresultant error is the consequence of modifications required by theContracting Authority.

26.3.7 Upon approval of the Design by the Contracting Authority, theContractor and the Contracting Authority shall sign a ProvisionalAcceptance Certificate for the Design. This Provisional AcceptanceCertificate 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 documentsfor the Cold Storage Rooms for Meat and Associated facilities duly updated,specifying the exact location, sizes and detailed information of Work carriedout. The aforesaid documents must be kept on Project Site and usedexclusively for the purposes specified under this Article.

The Contractor must provide 2 (two) copies of the as-built documents to theContracting 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 Contractormust provide the Contracting Authority with a complete set of drawings anddocuments regarding the final construction condition pursuant to theTechnical Requirements, the Technical Proposal and the Design. The Projectmay not be deemed completed for acceptance purposes by virtue of theprovisions set down in Article 39 (Handing Over) in these General

Conditions, up until such time as the Contracting Authority has received theaforesaid documents.

26.5. Legal codes and regulations

The Design and execution of the Cold Storage Rooms for Meat andAssociated facilities must adhere to the provisions set out under technicalregulations and laws governing plant installations, building, construction andenvironment of the country where the Project is located, as well as to anylegislation applicable to the Project brought about by performance of the

Contract, and any other regulations specified under the TechnicalRequirements, Technical Proposal applicable to the Project.

If no legislation exists governing plant installation, building, construction andenvironment, the law of the Republic of Kenya as well as European legalcodes must be used, in so far as possible. The Contractor must, at allevents, 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 bedone by the Contractor shall not commence until the Contracting Authorityand the Contractor signed the Site Handing Certificate according Article 19(Execution Period / Project Site Hand Over Certificate) of these GeneralConditions of Contract.

27.2. Delivery of Goods, provision of Services other than Design and execution ofWorks in each Cold Storage Rooms for Meat and Associated facilities shallnot commence until the Design has received the approval by the ContractingAuthority according Article 26.3 (Approval of the Design by the ContractingAuthority) 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 theGoods must adhere to Incoterms ICC 2010 expeditiously and organisedmanner to the Project Site in accordance with the Performance Scheduleagreed by the parties. Partial shipments deliveries are permitted fordispatch of Goods.



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28.2. The Contractor shall verify that all Goods to be imported into Kenya complywith 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 priorto delivery of the Goods, providing by fax and/or email, all details related to

the delivery including: number of Contract, name and specification list ofdelivery subject, quantity, number and date of specific transportationdocument, delivery date and expected arrival date.

28.4. The Contracting Authority must forward authorisation for the particularshipment to the Contractor within a period of 7 (seven) days, by fax orelectronic exchange of data. The Contractor may not proceed to ship ordispatch the Goods without such official prior authorisation from theContracting Authority.

28.5. The Contractor must deliver the Goods to the Project Site as per theIncoterms 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 preventany damage or deterioration during transport to the Project Site.The packaging must be suitable and able, without limitation, towithstand damage and careless handling, exposure to extremetemperatures, salt and rainfall, and storage in open spaces.

The distance to the Project Site and lack of heavy duty loading andunloading equipment at all points where the Goods must betranshipped should be taken into account, as appropriate, whenconsidering the size and weight of packages.

28.5.2 Packaging, identifying marks and documents placed both inside andoutside the packages must strictly comply with any specialrequirements expressly stipulated in the Contract and any otherrequirement, 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 statedin Article 30 (Inspection of Goods prior to Dispatch) of theseGeneral 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 ContractorEquipment to the Project Site including the unloading on its ownaccount and at its own risk by any means of transport that theContractor deems appropriate bearing in mind all the particularcircumstances.

28.5.5 The Contractor must communicate a description of Goods and whereappropriate of Contractor Equipment after each dispatch to theContracting Authority, including the name of vessel, port and anyother information deemed relevant for execution of the Project, bytelex, cable, fax or electronic exchange of data and notify the placeand manner of dispatch, as well as the estimated date and time andthe place of arrival of the Goods.



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28.5.6 Provide relevant documents to the Contracting Authority so that theContracting Authority may facilitate where necessary withimportation to the Republic of Kenya. The following documents mustbe sent by the Contractor to the Contracting Authority by urgentpost, within 7 (seven) days following the date of each shipment:

1 (one) original and 2 (two) copies of the commercial invoicereferring 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” orthe corresponding transport document (Air Way Bill, CFR,CMR, TIR or delivery note). [If the Goods are containerisedthe wording “clean on board” could];

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

1 (one) original and 2 (two) copies of the transportinsurance policy covering 110% of the value of the Goodspursuant to Article 28 (Delivery, Transport and Insurance ofGoods) of these General Conditions of Contract;

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

1 (one) original and 2 (two) copies of the Prior InspectionCertificate issued by an inspection company of renowned

international repute pursuant to Article 30 (Inspection ofGoods prior to Dispatch) of these General Conditions ofContract;

1 (one) original and 2 (two) copies of the certificate of theManufacturer/Official Distributor or Contractor warranty ofthe Goods for such shipment;

2 (two) copies of the shipment authorisation issued by theContracting Authority;

28.6. Pursuant to the provisions of Article 10 (Obligation of the ContractingAuthority) in these General Conditions of Contract, the Contracting Authoritymust obtain, on its own account and at its own risk, any import licence orother official permit and also carry out customs procedures for importing theGoods and for transit through any given country pursuant to legislationgoverning valued execution of the Contract.

28.7. The Contractor must deliver the Goods to the Contracting Authority in anarea or on a driveway next to the building area, suitably prepared forstorage of the materials and means of construction at the Project Site. TheContracting Authority must identify the Goods in order to check that theyare in compliance with the Contract requirements, within a period of nolonger than 4 (four) days from the date on which the latter was advised bythe 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 Sitefrom the time of delivery thereof up until practical completion of the ColdStorage Rooms for Meat and Associated facilities.

28.9. Delivery of Goods to the Project Site will be deemed to have been carriedout whenever a Goods Delivery Certificate to the Project Sites, for each

dispatch of Goods, is available and signed by the Contractor and by theContracting Authority. In the event, for reasons not the fault of theContractor, the Contracting Authority neither issues the aforesaid GoodsDelivery Certificate nor rejects the Contractor request within a period of 15(fifteen) days, then the Certificates will be deemed to have been issued onthe 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 StorageRooms for Meat and Associated facilities and Works or any part thereof upuntil such a time as the Provisional Acceptance Certificate is issued or

deemed to have been issued. The Contractor must make good any loss ordamages 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 aninspection prior to dispatch of Goods obtained locally, carried out by aspecialist control agency, of renowned international repute, at theContractor (or its subcontractors‟) factory or warehouse. The Contractormust pay all costs arising from such inspection.

30.2. The Contractor and its sub-contractors undertake to cooperate fully inassisting inspectors designated by the control agency so that they may dulycarry out their task.

30.3. If as a result of the inspection any Goods are found not to meet therequirements established in this Contract, the Contractor must immediatelymake good the defects found, with no need for any official requirement onthe part of the Contracting Authority.

30.4. Once the inspection has been carried out, the control agency will issue acertificate stating that the Goods do complied with requirements as toquantity, quality and packaging set down in the Contract

30.5. This Certificate constitutes one of several prior requirements for theContracting Authority to provisionally accept the Goods and pay the pricethereof, where this shall not in any case imply that the Contractor liability todeliver the Goods installed and properly operational nor its obligations tocorrect have ceased.

30.6. The Contractor shall take into consideration that all equipment to beimported into Kenya must comply with the regulations established by theKenyan Bureau of Standards (KEBS), and any other applicable Standard inthe Republic of Kenya.



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31. Progress reports

31.1. The Contractor will oversee progress of all specific activities of thePerformance Schedule and will file a monthly progress report with regard toexecution 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 thepercentage of completion planned in the Performance Schedule of eachparticular activity; and

b. If any activity is behind with regard to Performance Schedule, theprogress report must include notes explaining reasons of the delay theconsequences and the corrective measures being taken.

32. Site Security

32.1. The Contractor guarantees the security of the Project Site throughout theexecution of the Contract and shall take all measures as necessary, in theinterest of its employees, the Contracting Authority personnel and of thirdparties, to prevent any harm or accidents which may arise out ofperformance of the Contract.

32.2. The Contractor will take such measures as necessary, under its ownresponsibility and at its own cost, to guarantee the protection, conservationand maintenance of structures and facilities already in existence on theProject Site. The Contractor is deemed liable and shall pay costs of providingand maintaining all lighting, protection, fencing and security equipment asnecessary 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 ordamage or to guarantee security following an accident or damage during theContract execution period, then the Contracting Authority shall officiallynotify to the Contractor that it must take necessary measures. In the eventthat the Contractor does not wish to or is not able to take the necessarymeasures, the Contracting Authority may have the measures carried out atthe 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 bedeemed to be intended for use exclusively in execution of the Contract. TheContractor may not remove such equipment from the Project Site withoutthe consent of the Contracting Authority in the sense that such equipment isno longer necessary for execution of the Contract.

33.2. Unless otherwise specified within the Contract, as soon as the installationand commissioning of the tanks are completed, the Contractor must removeall the equipment transported by the Contractor to the Project Site, togetherwith all surplus materials left in the area.



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33.3. The Contracting Authority must obtain any local, regional or national permitsrequired by the Contractor to export the Contractor Equipment brought in bythe Contractor for use in executing the Contract and no longer required forthat purpose.

34. Labour

34.1. The Contractor must use sufficient numbers of personnel all having thenecessary qualifications as necessary in order to guarantee the normalprogress and satisfactory execution of the provisions subject of the Contract.The Contractor must immediately replace any employees who, in the opinionof the Contracting Authority, may have a detrimental effect on satisfactoryexecution of the Contract. The Contracting Authority must inform theContractor for that purpose, by letter setting out the reasons, which must beappropriate. It is up to the Contractor to take the necessary measures tocontract all personnel and labour.

34.2. The Contractor must, at all times whilst the Contract is in progress, doeverything possible to prevent any illegal, excessive or turbulent conduct orbehaviour on the part of its employees and of its subcontractor‟s 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 unnecessaryobstructions throughout the Contract Execution Period, storing or removing

surplus materials and removing any remains, rubbish or provisional worksfrom the Project Site, together with Contractor Equipment no longer deemednecessary for execution of the Contract.

35.2. Once the Cold Storage Rooms for Meat and Associated facilities have beenInstalled and Commissioned, the Contractor must remove all remains,rubbish and waste of any kind from the Project Site and leave the area andthe 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 othercontractors contracted by the Contracting Authority and their employees, aswell as employees of the Contracting Authority or of any other public entityand employed on the Project Site or near it to carry out any work notincluded in the Contract, or under any contract that the ContractingAuthority may enter into with regard to the Cold Storage Rooms for Meatand Associated facilities or supplementary thereto.



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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 requiredunder the Contract at his own risk and at no cost for the ContractingAuthority.

37.2. Inspections and tests may be carried out at the place where the Goods aremanufactured, at the Contractor or subcontractor facilities or on the ProjectSites or in any other place set down in the Contract.

37.3. The Contracting Authority or its duly authorized representatives shall beentitled to witness the aforesaid test and inspections, provided that theContracting Authority will pay all costs and expenses relating to thatattendance, 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, itshall duly inform -never deemed to be less than 15 (fifteen) days- theContracting Authority of such test and/or inspection and of the place andtime. The Contractor must obtain any permission or consent from themanufacturer, to enable the Contracting Authority or its designatedrepresentative to attend the test and/or inspection.

37.5. The Contracting Authority may require the Contractor to carry out tests andinspections not required under the Contract, but deemed necessary in orderto ensure that the characteristics and operation of Equipment or of the Cold

Storage Rooms for Meat and Associated facilities, comply with the TechnicalRequirements and the Technical Proposal. Any additional reasonable costsincurred by the Contractor for such tests and inspections shall be assumedby the Contracting Authority. Equally in the event that such tests andinspections impede the progress of the execution of the Contract theContractor must inform the Contracting Authority in that regard and shall beentitled to a Contract extension of the time period due to said delay, asprovided for under Article 20 (Extension of Execution Period) of theseGeneral Conditions of Contract.

37.6. The Contractor must submit to the Contracting Authority a report with theresults of such tests and inspections.

37.7. The Contracting Authority may reject the Goods, Services and Works, or theCold Storage Rooms for Meat and Associated facilities, or componentsthereof and which do not pass the test or inspections or are not incompliance with the Contract. The Contractor must either correct or replacesuch Goods, Services and Works, or rejected components or make suchchanges as necessary and repeat the test or inspections in order to complywith the requirements at his own cost upon giving a notice to theContracting 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 tothe results of tests and inspections, then each of them shall send the other adeclaration stating its opinion within a period of 15 (fifteen) days followingthe date on which the disagreement arises. The Contracting Authority or theContractor may ask that such tests are repeated under the same terms andconditions, or, if either party so wishes, request the involvement in that

regard of an expert chosen by mutual agreement. All test reports should besubmitted to the Contracting Authority, which must communicate the resultsof such tests to the Contractor without delay. Test results will be deemedconclusive. The cost of repeating tests must be paid for by whichever partyis 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 paidthrough the financial facilities of the Tied Aid Fund.

37.10. The Contractor accepts that neither carrying out tests nor inspections ofGoods, Services or Works, nor the presence of the Contracting Authority orits representative, nor the production of reports pursuant to Article 37.6,

may exonerate the Contractor from any guarantees or other obligationsincumbent upon it by virtue of the Contract.

37.11. The Polish Embassy in the Republic of Kenya or its duly authorizedrepresentatives may be present while such operational tests or inspectionsare carried out.

38. Completion Tests

38.1. Acceptance of the Cold Storage Rooms for Meat and Associated facilitiescannot take place, i.e. it shall not be deemed completed, until theCompletion Tests have been carried out at the Contractor‟s expense. The

Contractor must carry out the Completion Tests as established in theContract.

38.2. The Contractor must carry out the Completion Tests pursuant to this Articleand to Article 37 (Inspection and Test) of these General Conditions ofContract, after having provided the As-Built documents and Operation andMaintenance 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 preparedto carry out each one of the Completion Tests. The Tests must take place noearlier than 14 (fourteen) days from that date.

38.4. Unless otherwise stated in the Contract, Completion Tests shall be carriedout in the following order:

a. commissioning tests, which must include the specified operational tests,for the purpose of demonstrating that the Cold Storage Rooms for Meatand Associated facilities or part thereof, can be safely operated andadheres to the provisions set down in the Contract;

b. operational test period, to show that the Cold Storage Rooms for Meatand Associated facilities or stage thereof is operating satisfactorily inaccordance with the performance established in the Contract.



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38.5. The operational test period may not be deemed an acceptance asestablished under Article 39 (Handing Over) of these General Conditions.Any product produced by the Cold Storage Rooms for Meat and Associatedfacilities during the operational test period shall belong to the ContractingAuthority.

38.6. If the Cold Storage Rooms for Meat and Associated facilities do not pass theCompletion Tests, the Contracting Authority shall be entitled to:

38.6.1 Order further repeated Completion Tests, pursuant to the procedureset down in Article 37 (Inspections and Tests) of these GeneralConditions of Contract;

38.6.2 Reject the Cold Storage Rooms for Meat and Associated facilities, ifthe fault means that the Contracting Authority cannot make totaluse of the Cold Storage Rooms for Meat and Associated facilitiesand, in that event, the Contracting Authority will enter into acontract with a third party to carry out Works as necessary for the

Cold Storage Rooms for Meat and Associated facilities to pass saidCompletion Tests. All costs incurred by the Contracting Authoritywill be deducted from the Performance Security.

38.7. The Polish Embassy, in Nairobi, or its duly authorized representatives maybe present while Completion Tests are being carried out.

38.8. If, for reasons deemed to be the fault of the Contracting Authority, theContractor is prevented from carrying out the Completion Tests for a periodof more than 30 (thirty) days, calculated from the date on which notice tothe 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, inadvance that the tests are being carried out.

38.9. In the event that the Contract after suffers any delay or incurs any cost as aresult of the aforesaid delay in Completion Tests within the Contractor mustnotify the Contracting Authority of this and shall be entitled to:

a. an extension of the time period due to the delay, as established inArticle 20 (Extension of Execution Period) in these General Conditions ofContract; and

b. payment of the aforesaid costs.

38.10. Any extra cost caused under Article 38.9 above shall not be paid through thefinancial facilities of the Tied Aid Credit.

38.11. Prior to carrying out Completion Tests, the Contractor must providesufficiently detailed operating and maintenance manuals duly adapted forthe beneficiary personnel in such a manner as to permit the ContractingAuthority to start up, maintain, adjust and repair all parts of the Plant orEquipment. Unless otherwise provided for within the Contract, manuals mustbe in the Contract language. The Contract will not be deemed completed forthe 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 theCold Storage Rooms for Meat and Associated facilities, as soon as it hassatisfactorily passed the Completion Tests and a Practical CompletionCertificate as either been issued or deemed to be issued.

39.2. The Contractor may request a Practical Completion Certificate for each plantby notifying the Contracting Authority in that regard, whenever it considersthat the Cold Storage Rooms for Meat and Associated facilities will befinished and ready for handing over in less than 15 (fifteen) days. TheContracting Authority may, within a period of thirty (30) days from the datethe Contractor request is received:

a. issue the Practical Completion Certificate of each Cold Storage Roomsfor Meat and Associated facilities to the Contractor stating any possibleobjections; 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 CompletionCertificate nor refuses the Contractor‟ s request within a period of 30 (thirty)days, then said Certificate will be deemed to have been issued on the lastday of that period.

39.4. The Contracting Authority may, when requested to do so by the Contractorand if the characteristics of the Project so require, carry out partial handingover of the Cold Storage Rooms for Meat and Associated facilities finishedand ready for use as described in the Contract.

39.5. Following Practical Completion and without prejudice to any warrantyobligations set down in Article 40 (Warranty Obligations) of these GeneralConditions of Contract, the Contractor shall no longer be deemed liable forany risks that may affect the Project and arising due to grounds for whichthe latter is not deemed to be at fault.

39.6. As soon as each horticulture cold storage and Associated facilities haspassed the Completion Tests and obtained the Practical CompletionCertificate, the Contractor must forward a certified report with the results tothe 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 forMeat and Associated facilities immediately following Practical CompletionCertificate and handing over.

40. Warranty Obligations

40.1. The Contractor guarantees that the Project or any part thereof shall have nodefects 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 PracticalCompletion Certificate. The Contractor is nevertheless deemed liable for thesolidity of the installation as from the date of Practical Completion, pursuantto the provisions set down by law in the country where the Project islocated.

40.3. The Contractor shall make the necessary preventive maintenance, visitingthe Cold Storage Rooms for Meat and Associated facilities in order towarrant and maintain all the Goods in good working conditions and ensureits proper and efficient use. A maintenance certificate shall be drawn upafter each visit and signed by the person in charge of the equipment and/orthe Cold Storage Rooms for Meat and Associated facilities Chairman.

40.4. If any defect in design, engineering, materials or execution of the ColdStorage Rooms for Meat and Associated facilities ied out by the Contractorcomes to light during the Warranty Period then the Contractor must, inconsultation and agreement with the Contracting Authority as to theappropriate manner to correct the particular defects and at its own cost,

immediately repair, replace or correct such defects, as well as any damageto the Cold Storage Rooms for Meat and Associated facilities caused by saiddefects. The Contractor is not responsible for repairing, replacing orcorrecting any defect or damage to Cold Storage Rooms for Meat andAssociated facilities that occurs for any of the following reasons:

a. Inadequate operation or maintenance of the Cold Storage Rooms forMeat and Associated facilities by the Contracting Authority;

b. operation of the Cold Storage Rooms for Meat and Associated facilitiesnot 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 orspecified by or on behalf of Contracting Authority or any matter in whichthe Contractor has disclaimed responsibility by virtue of this Contract.

40.6. The Contracting Authority must inform the Contractor of the nature of theaforesaid defects and provide the Contractor with all available tests carriedout in that regard promptly following the discovery of the defects. TheContracting Authority will provide the Contractor every reasonableopportunity to inspect the defects concerned.

40.7. The Contracting Authority will permit the Contractor access as necessary tothe Cold Storage Rooms for Meat and Associated facilities and to the ProjectSite say that the latter may comply with its obligations under this Article.



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40.8. The Contractor may, with the consent of the Contracting Authority, removefrom the Project Site or from anywhere in the Cold Storage Rooms for Meatand Associated facilities if defective and if the nature of the particular defectand/or damage to the Cold Storage for Meat and Associated Facilities andAccessories caused by defect means that repairs cannot be carried outexpeditiously at the Project Site.

40.9. In the event that repairs, replacements or corrections may haverepercussions on the effectiveness of the Cold Storage Rooms for Meat andAssociated facilities or part thereof, the Contracting Authority may, bynotifying the Contractor, require the latter to carry out necessary tests assoon as the repair works are completed and the Contractor will carry outtests at that time.

40.10. If the test results are not satisfactory, the Contractor must carry out therepairs, replacement or corrections (as the case may be) until these are inaccordance with the Contract Technical Requirements, pursuant to theprocedure established in Article 37 (Inspections and Tests) of these General

Conditions of Contract.

40.11. If the Contractor fails to commence works necessary to correct such defectsor damage to the Cold Storage Rooms for Meat and Associated facilitiescaused by the defect within a reasonable period of time (never deemed tobe less than 15 (fifteen) days), then the Contracting Authority, after havingnotified the Contractor, may proceed to carry out such works. TheContractor must pay the Contracting Authority any reasonable costs incurredby the Contracting Authority in that regard or else they may be claimed byvirtue 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 correctionsthereof, then the Warranty Period will be extended by a period equal to theperiod that the Cold Storage Rooms for Meat and Associated facilities or partthereof, could not be used by the Contracting Authority due to any of theaforementioned reasons. The latter may require the Contractor either toincrease the amount of the Performance Security in an amount equal to thecost 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 reliableafter-sales service, thereafter guaranteeing maintenance, and the rapidreplenishment of spare parts and consumables for the Goods for a period of5 (five) years after the Practical Completion Certificate.

41.2. In the event of termination of production of the spare parts, advancenotification to the Contracting Authority to allow it to procure the partsrequired and, following such termination, provision at no cost to theContracting Authority of the blueprints, drawings and specifications of thespare parts, if and when requested.

41.3. The Contractor shall provide under this Contract after-sales service asspecified in the Technical Requirements and Technical Proposal of thisContract.



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42. Training

42.1. The Contractor must be responsible for training the personnel of theContracting Authority with regard to operation and maintenance of the ColdStorage Rooms for Meat and Associated facilities and as specified in theContract.

42.2. The training must take place prior to the takeover of the Plant. The trainingshould be running in the course of the installation and commissioning of theCold Storage Rooms for Meat and Associated facilities. The Cold StorageRooms for Meat and Associated facilities will not be deemed complete for thepurposes 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 least6 (six) month after the Provisional Acceptance date, during the warrantyperiod, and shall be compulsory in order to get the Final AcceptanceCertificate conformed.

42.4. The training programme shall include specific courses regarding to thefollowing 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 andrequirements of the personnel in charge of the operation and maintenanceof the equipment. The Contractor shall combine different approaches andteaching methods to obtain the highest possible level of efficiency of theequipment and methods.

42.6. When training the personnel, the Contractor shall take into account, as partof their methodology, the following:

a. Issue of a corresponding minute of every teaching session including thedate, the content of the course and list of personal attendance.

b. Carry out an evaluation of the knowledge acquired by the traineesduring the training programme.

c. Elaborate a final report of the training programme which shall comprisethe contents of the training, the minutes of each of the teachingsessions as well as the knowledge evaluation. This final report shall besubmitted to the Contracting Authority and to Polish Government inNairobi or its duly authorized representative.

42.7. In order to facilitate the training programme, the Contracting Authority shallbe responsible of providing on time qualified personnel for the trainingstage.

42.8. The Contracting Authority must issue a Practical Completion Certificate ofcompletion of the Training Services.



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43. Final Acceptance

43.1. Once the Warranty Period has expired, or if there have been more than oneof such periods, whenever the last of these periods have expired, and aslong as all defects or objections have been corrected, the ContractingAuthority will issue a Final Acceptance Certificate for the whole Project,

stating the date on which the Contractor complied with its contractualobligations.

43.2. The Contracting Authority will issue the Final Acceptance Certificate within aperiod of 30 (thirty) days counting from the date of expiry of the WarrantyPeriod or, after that period, as soon as all repairs have been completed tothe satisfaction of the Contracting Authority pursuant to Article 40 (WarrantyObligations) of these General Condition of Contract. If a period of 30 (thirty)days has elapsed without the Contracting Authority having issued the FinalAcceptance Certificate it will be deemed that said Certificate has beenissued.

43.3. The Contract will not be considered fully executed until the Final AcceptanceCertificate has been issued or is deemed issued by the ContractingAuthority.

43.4. Notwithstanding the issue of the Final Acceptance Certificate, the Contractorand the Contracting Authority shall continue to be liable for compliance withall obligations incumbent upon them under the Contract still outstanding atthe time the Final Acceptance Certificate is issued.

43.5. For the purposes of ascertaining the nature and extent of such outstandingobligations, 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 complywith its contractual obligations.

44.2. Whenever any breach of Contract occurs, party harmed by the breach willbe 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 forin Article 44.3 above, and applying the measures provided for within theContract with regard to breach on the part of the Contractor, by deduction ofthe corresponding amount from the Performance Security.



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44.5. Whenever termination of the Contract is due to a breach that is the fault ofthe Contractor or of the Contracting Authority, then the party harmed by thebreach shall in its own right be entitled to request compensation fordamages 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 inany other proceedings;

c. Mutual agreement between the Contracting Authority and theContractor;

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 inArticle 48 (Ethic Clauses) of these General Conditions of Contract;

g. Grounds of force majeure lasting longer than 180 (one hundred adeighty) days;

h. Suspension of execution by the Contracting Authority for a period of

longer than 180 (one hundred ad eighty) days on grounds not specifiedwithin the Contract and in which regard the Contractor is not at fault;

i. Any other grounds established in the Contract.

45.2. This Contract will be automatically terminated in the event that it does notgive rise to any payment over a period of 3 (three) years from the date ofsigning.

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 ofContract, as long as the delay or breach of its obligations by virtue of theContract is the result of an event of Force Majeure, as defined below in thisclause. Neither party will be deemed to have committed an omission orfailed to comply with its contractual obligations if execution of suchobligations has been prevented by any circumstances of force majeurearising after the Contract has come into force.



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46.2. For the purposes of this Article, «force majeure» is deemed to have refer tostrikes, 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 controlof either party and which could not be overcome despite their diligent

efforts.

46.3. If the Contracting Authority or Contractor considers that circumstances offorce majeure have occurred which might affect compliance with theirobligations, they must notify this without delay to the other party providingdetails as to the nature thereof, the probable duration and expectedrepercussions of that circumstance. Unless otherwise instructed in writing bythe Contracting Authority, the Contractor must continue to comply with itsobligations pursuant to the Contract to the extent that it is reasonablypossible to do so and must seek all possible alternatives to comply with itsobligations not affected by a circumstance of force majeure. The Contractormay 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 morethan 180 (one hundred and eighty) days, without prejudice to any possibleextension to the time period completion of the Contract that may have beengranted to Contractor by reason thereof, each of the parties shall be entitledto notify the other party that the Contract is terminated within a period of30 (thirty) days. When that deadline has expired, if the circumstances offorce majeure persist then the Contract will be deemed terminated and theparties therefore released from the obligation to continue to execute theContract.



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DISPUTE RESOLUTION

47. Dispute resolution

47.1. The Contracting Authority and the Contractor must in so far as possibleattempt to resolve any disputes which arise between them amicably.

Whenever a dispute arises, the parties must communicate their position tothe other in writing in that regard, together with the solution they deempossible. If one of the parties considers it useful then they may meet to tryand resolve the dispute. Each party will have a period of 30 (thirty) days inwhich to respond to a request for an amicable solution. The maximumperiod set down to achieve an amicable solution is 120 (one hundred andtwenty) days from the date on which the proceedings commenced. If theattempt to find an amicable solution fails or if one party does not replywithin the deadline given for a request to resolve the dispute, then each ofthe parties may go on to the following stage of proceedings for disputeresolution and notify the other parties in that regard.

47.2. If, after 30 (thirty) days from the commencement of such period of amicablesolution, the Contracting Authority and the Contractor have been unable toresolve amicably a Contract dispute, either party may require the dispute tobe 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 anyother company with which the Contractor is associated or tied, may not,unless otherwise provided in prior authorisation in writing from theContracting Authority, provide any other services, not even of asupplementary nature or by subcontracting, nor carry out any other worksor supplies for the Project.

48.2. The aforesaid prohibition also applied, as the case may be, to any otherprojects with regard to which the Contractor due to the nature of theparticular Contract may also find itself in a conflict of interest scenario.

48.3. The Contractor must, at all times, act impartially and with honour pursuantto its professional code of ethics. The Contractor must refrain from makingany public statements regarding the Project without prior approval from theContracting Authority and may not in any way compromise the ContractingAuthority without its prior consent in writing in that regard.

48.4. Throughout the Contract execution period, the Contractor and its personnelmust 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 Contractother than as provided therein. The Contract and its personnel must refrainfrom carrying on any business activity or from receiving any bonus that maybe in conflict with its obligations towards the Contracting Authority.



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48.6. The Contract and its personnel are deemed subject to professional secrecythroughout the duration of the Contract and beyond its termination. Allreports and documents received or drawn up by the Contractor having to dowith 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 theconditions set out therein.

48.8. The Government of the Republic of Poland reserves the right to suspend orcancel finance of projects if any kind of corruption is discovered at any stageof the award process or if the Contracting Authority fails to take theappropriate measures to remedy such a situation.

48.9. Unusual commercial costs are deemed to refer to any commission notreferred to in the Contract or not arising from a valid contract referred towithin the Contract, any commission that is not payment in consideration ofa 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 acompany that appears in all regards to be a front company.

48.10. The Contractor undertakes to provide the Government of the RepublicPoland through its representative in Nairobi and also to any personsappointed by them, at the request of the latter, all documents as evidenceof compliance with the Contract performance conditions. The Government ofthe Republic of Poland may carry out all manner of checks on documentsand to sites and at the Contractor head office or that of its subcontractors asit may deem necessary in order to gather evidence to corroborate anysuspicion that unusual commercial costs may have occurred.

49. Administrative Sanctions

49.1. Without prejudice to applying sanctions set down within the Contract, anyContractor making false declarations, committing significant errors orirregularities or fraud or deemed to be seriously in breach of its contractualobligations may be excluded from contracts financed and charged againstthe Tied Aid Agreement for a maximum period of 5 (five) years from thedate 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 PolishGovernment, through the Polish Embassy in Nairobi, and any personsdesignated by them may carry out documents checks or in situ, at theProject Site or at the main office of the Contractor or its subcontractorsregarding execution of the Project and carry out a complete audit ifnecessary on the basis of official accounts receipts and accountingdocuments regarding the Project financing and this may take place up to 7(seven) years from the date on which the amount was paid.



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50.2. To that end, the Contractor undertakes to provide personnel of theGovernment 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 dataregarding Project technical and financial management and also to take suchmeasures 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 theContractor is under an obligation to inform the Contracting Authorityprecisely where they are located.

50.3. The Contractor agrees that the rights of the Government of the Republic ofPoland to carry out audits, checks and verifications equally apply, under thesame conditions and according to the same modalities as provided underthis Article, to any subcontractor or any other party benefitting from thePolish funding.

50.4. The judges, courts and administrative authorities will not be entitled, due todebts of the Contracting Authority or of the Contractor of the Project

financed and claimable in Polish territory, issue any order for execution orseizure against the rights, funds and values product of the carrying out,liquidation and payment by the Polish granting authority or its financialagent, of the loans and credits charged against the Tied Aid Agreement.



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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 andmonth], [insert year] with you, for the performance of the Project "Installation, Testingand 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, aPerformance 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 proveor 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 dateof the Practical Completion Certificate issued by the Contracting Authority and anydemand 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 ColdStorage Rooms for Meat and Associated facilities, the Performance Security will bereleased after a period of 28 (twenty eight) days after the date of the PracticalCompletion Certificate issued by the Contracting Authority of the last Cold StorageRooms for Meat and Associated facilities handed over.

This Performance Security is subject to the Uniform Rules for Demand Guarantees, ICCPublication No. 758.

[signature(s) of the authorised representative of the bank and the Contractor]



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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 inaccordance 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 [insertcomplete name and address of the Contractor] (hereinafter called "the Contractor") hasentered into Contract No. [insert number] dated [insert date of Agreement] with

you, for the performance of the Project " Cold Storage Rooms for Meat and Associatedfacilities in Kenya” (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, anadvance 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 orsums not exceeding in total an amount of [insert amount in figures and words] uponreceipt by us of your first demand in writing declaring that the Contractor is in breach ofits obligation under the Contract because the Contractor used the advance payment forpurposes other than towards performing the " Installation of Cold Storage Rooms forMeat and Associated facilities in Kenya”.

It is a condition for any claim and payment under this Guarantee to be made that theadvance payment referred to above must have been received by the Contractor on itsaccount [insert number and domicile of the account]

The maximum amount of this guarantee shall be progressively reduced in proportion tothe value of each part-shipment or part-delivery of Works and Services, as indicated incopies of the relevant shipping and acceptance documents that shall be presented to us.This guarantee shall expire upon our receipt of documentation indicating full repaymentby the Contractor of the amount of the advance payment.

This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC PublicationNo. 758.

[signature(s) of authorized representative (s) of the bank]



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SECTION 6

Annex II – Bidding Documents



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SECTION 6

Annex III - Technical Proposal of the Successful Bidder



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Annex IV -Budget Breakdown of the Successful Bidder.