KENYA PORTS AUTHORITY
TENDER NO. KPA/050/2016-17/ME
DESIGN, MANUFACTURE, SUPPLY AND COMMISSIONING OF ONE (1) NEW TUG BOAT
OCTOBER, 2016 SECTION III: TENDER DATA SHEET 2
TABLE OF CONTENTS
TABLE OF CONTENTS...... 2
ABBREVIATIONS AND ACRONYMS...... 3 SECTION I: INVITATION FOR TENDERS...... 5
VISION, MISSION, &CORE VALUES...... ERROR! BOOKMARK NOT DEFINED.
HEALTH, SAFETY AND ENVIRONMENT...... ERROR! BOOKMARK NOT DEFINED.
POLICY STATEMENT...... ERROR! BOOKMARK NOT DEFINED. SECTION II: INSTRUCTION TO TENDERERS (ITT)...... 11 SECTION III: TENDER DATA SHEET...... 42 SECTION IV:...... GENERAL CONDITIONS OF CONTRACT 54
SECTION V - CONTRACT DATA SHEET (SPECIFIC CONDITIONS OF CONTRACT)...... 67 SECTION VI: SCHEDULE OF REQUIREMENTS...... 82 SECTION VII: TECHNICAL SPECIFICATIONS...... 83 SECTION VIII: TENDER FORMS...... 157 SECTION IX: FORMS OF SECURITY...... 169 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD...... 174
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ABBREVIATIONS AND ACRONYMS
CDS Contract Data Sheet GCC General Conditions of Contract PE Procuring Entity PPDA 2005 Public Procurement and Disposal Act, 2005 PPDR 2006 Public Procurement and Disposal Regulations, 2006 PPOA Public Procurement Oversight Authority STD Standard Tender Documents SOR Statement of Requirements SP Service Provider VAT Value Added Tax
3 TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT SECTION III: TENDER DATA SHEET 4
Newspaper Advertisement
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4 TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT SECTION I: INVITATION FOR TENDERS SECTION III: TENDER DATA SHEET 6
KENYA PORTS AUTHORITY
Tender No. KPA/050/2016-17/ME
Tender Name: Design, Manufacture, Supply and Commissioning of One (1) New Tug Boat
Invitation for Tenders Date: October, 2016
1. The Kenya Ports Authority now invites sealed Tenders from manufacturers for the Design, Manufacture, Supply and Commissioning of One (1) New Tug Boat. 2. Tendering will be conducted through the National Competitive Bidding procedures specified in the Public Procurement and Asset Disposal Act, 2015 and the Public Procurement and Disposal Regulations, 2006 and Amendment Regulations (2013) Nos. 106 and 114 and are open to all Tenderers as defined in the Regulations. 3. Interested eligible Tenderers may obtain further information from and inspect the Tendering Documents at the offices of the Head of Procurement & Supplies located on the 4th floor of office Block 3 at the Kenya Ports Authority Headquarters, Kilindini Kipevu from MONDAY TO FRIDAY (BETWEEN 0800 HOURS AND 1600 HOURS inclusive) except on public holidays and Sundays. 4. The document can be viewed and downloaded from the KPA website www.kpa.co.ke at no fee. 5. Enquiries can be made via email address: [email protected]. 6. Bidders are advised to regularly visit the KPA website to obtain any additional information/addendum on the tender. All addenda/additional information on the tender shall be posted on the KPA website as they become available. 7. The amount of Tender Security shall be United States Dollars One Hundred and Fifty Thousand (USD 150,000.00) in the form of a Banker’s guarantee valid for 120 days from the date of tender opening in the format provided in the tender document. 8. All Tenders in one original plus [two-2 copies], properly filled in, and enclosed in plain envelopes must be delivered to the address below and addressed as follows:
TENDER NO. KPA/050/2016-17/MO
TENDER DESCRIPTION: DESIGN, MANUFACTURE, SUPPLY AND COMMISSIONING OF ONE (1) NEW TUG BOAT
“ DO NOT OPEN BEFORE 1000 HOURS EAT ON TUESDAY 22ND NOVEMBER, 2016”
Addressed:
THE HEAD OF PROCUREMENT & SUPPLIES KENYA PORTS AUTHORITY KIPEVU HEADQUARTERS 4TH FLOOR FINANCE BLOCK III, DOOR BLK-3.4.3 KILINDINI MOMBASA TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 6 of 185 SECTION III: TENDER DATA SHEET 7
Phone: +254 (41) 2113600/ 2113999 E-mail: [email protected]
Completed tenders shall be placed in Tender Box No. 7 located at the BUS TERMINUS, PORT MAIN PEDESTRIAN GATE NO.8, KILINDINI, MOMBASA BEFORE 1000 HOURS EAT ON TUESDAY 22ND NOVEMBER, 2016
Bulky tenders shall be submitted at the office of Head of Procurement & Supplies located on the 4th floor of office Block III at the Kenya Ports Authority Headquarters, Kipevu, Kilindini Mombasa BEFORE 1000 HOURS EAT ON TUESDAY 22ND NOVEMBER, 2016.
9. Prices quoted shall be in United States Dollars (US$), should be net inclusive of all taxes and delivery and shall remain valid for 90 days from the opening date of the tender.
10. Tenders will be opened promptly after 1030Hours in the presence of Tenderers’ representatives who choose to attend the opening ON TUESDAY 22ND NOVEMBER, 2016 at the Procurement Conference Room located at the New Service Area (Kapenguria), in the former Supplies Accounts office.
11. Late or incomplete Tenders shall not be accepted.
12. Canvassing or lobbying for the tender shall lead to automatic disqualification.
Yobesh Oyaro HEAD OF PROCUREMENT AND SUPPLIES FOR: MANAGING DIRECTOR
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VISION, MISSION, & CORE VALUES
Vision
World class seaports of choice.
Mission
To facilitate and promote global maritime trade through the provision of competitive port
services.
Values
Customer Focus: Service excellence is key to our operations and we endeavor to exceed
customer expectations.
Integrity: We uphold fairness, honesty, professionalism and transparency in all our
undertakings.
Teamwork: We embrace team spirit in all that we do.
We Care: We care for our staff, the communities around us and are sensitive to the
environment.
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HEALTH, SAFETY AND ENVIRONMENT POLICY STATEMENT
The Kenya Ports Authority recognizes and appreciates the importance of Health, Safety and Environment in the organization.
The Authority therefore places Health, Safety and Environment matters as important Boardroom Agenda.
To translate this commitment into actions, the Authority shall adopt a health, safety and environment policy that shall ensure:
1. Compliance with all relevant statutory instruments in all matters of Health, Safety and Environment. 2. Appropriate consideration of relevant international conventions and recommendations. 3. Formulation and compliance with rules, regulations and guidelines on matters of Health, Safety and Environment. 4. All reasonably practicable precautions are taken to safeguard the safety and health of all employees and Port users. 5. Appropriate systems for providing adequate information and instructions to all cadres of employees on risks to their health and safety are in place. 6. That all work places and equipment/plant are safe and regularly inspected. 7. All employees and Port Users assume defined responsibilities in matters of health, safety and environment in conformity with this policy. 8. Appropriate training for all employees to enhance their performance is provided. 9. That all Suppliers comply with Health, Safety and Environment rules, regulations and guidelines. 10. Adequate provision for prevention and control of fires and proper use of Fire fighting appliances. 11. Adequate provision for prevention and control of environmental pollution. 12. That Environmental Impact Assessment is carried out for all projects likely to have an impact on the environment. 13. Provision and promotion of First Aid services and activities. 14. Contravention of the Health, Safety and Environment Management System attracts severe disciplinary action including dismissal and/or prosecution. 15. Review of the Health, Safety and Environment Management System to conform to changing trends.
(Signed) Catherine Mturi Wairi MANAGING DIRECTOR
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QUALITY POLICY STATEMENT
Kenya Ports Authority is committed to provision of Quality Port Services to our customers’ satisfaction. We undertake to facilitate and promote global maritime trade by:
Complying with ISO 9001 Quality Management System (QMS) Standards,
Continually improving and effectively implementing our QMS processes and capabilities,
Ensuring that Quality Objectives associated with the Quality Policy are reviewed annually via departmental Quality Operating Procedures.
Quality Objectives The Management has established quality objectives, including those needed to meet the requirements, at relevant functional units in the Authority. The quality objectives are measurable and consistent with the quality policy. The Authority’s broad quality objectives are; 1. Improve service delivery and customer satisfaction. 2. Enhance operational efficiency. 3. Improve productivity of internal resources.
These objectives are reviewed on an annual basis in accordance with the Corporate Business Plan and Signed Performance Contract as cascaded to relevant functions.
(Signed) Catherine Mturi Wairi MANAGING DIRECTOR
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SECTION II: INSTRUCTION TO TENDERERS (ITT)
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Table of Clauses
TABLE OF CONTENTS...... 2
ABBREVIATIONS AND ACRONYMS...... 3 SECTION I: INVITATION FOR TENDERS...... 5 Invitation for Tenders 6
VISION, MISSION, &CORE VALUES...... ERROR! BOOKMARK NOT DEFINED. HEALTH, SAFETY AND ENVIRONMENT...... 1
POLICY STATEMENT...... ERROR! BOOKMARK NOT DEFINED. SECTION II: INSTRUCTION TO TENDERERS (ITT)...... 11 A. Introduction 15 1. Scope of Tender 15 2. Source of Funds 15 3. Eligible Tenderers 15 4. Eligible Goods and Related Services 16 5. One Tender per Tenderer 17 6. Alternative Tenders by Tenderers 17 7. Cost of Tendering 17 B. Tender documents 18 8. Content of Tender documents 18 9. Clarification of Tender documents 18 10. Amendment of Tender documents 19 C. Preparation of Tenders 19 11. Language of Tender 19 12. Documents Constituting the Tender 19 13. Documents Establishing Eligibility of Goods and Related Services and Conformity to Tender documents 20 14. Documents Establishing Eligibility and Qualification of the Tenderer 21 15. Form of Tender 22 16. Tender Prices 22 17. Tender Currencies 24 18. Tender Validity Period 25 19. Tender Security 25 20. Format and Signing of Tender 26 D. Submission of Tenders 26 21. Sealing and Marking of Tenders 27 22. Deadline for Submission of Tenders 27 23. Late Tenders 27 24. Modification, Substitution and Withdrawal of Tenders 27 E. Opening and Evaluation of Tenders 28 25. Opening of Tenders 28 26. Confidentiality 30 27. Clarification of Tenders 30 28. Preliminary Examination of Tenders 30 29. Technical Evaluation 31 30. Financial Evaluation 32 31. National Preference 35 32. Post-qualification of Tenderer 35 F. Award of Contract 36 33. Criteria of Award 36 34. Procuring Entity’s Right to Accept any Tender and to Reject any or All Tenders 36
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35. Procuring Entity’s Right to Vary Quantities at the Time of Award 36 36. Notification of Award 36 37. Post Tender Concurrence 37 38. Signing of Contract 37 39. Performance Security 38 40. Advance Payment 38 41. Adjudicator 38 42. Fraud and Corruption 39 G. Review of Procurement Decisions 40 43. Right to Review 40 44. Time Limit on Review 41 45. Submission of Applications for Review by the Public Procurement Administrative Review Board 41 46. Decision by the Public Procurement Administrative Review Board 41 47. Judicial Review 41 SECTION III: TENDER DATA SHEET...... 42 A. Introduction 43 B. Tender documents 43 C. Preparation of Tenders 44 D. Submission of Tenders 49 E. Opening and Evaluation of Tenders 50 F. Contract Award 52 G. Review of Procurement Decisions 53 SECTION IV:...... GENERAL CONDITIONS OF CONTRACT 54 1. Definitions 56 2. Application 57 3. Governing Language 57 4. Applicable Law 57 5. Country of Origin and Nationality of Supplier 57 6. Standards 58 7. Use of Contract Documents and Information; Inspection and Audit by the Government of Kenya 58 8. Patent and Copy Rights 58 9. Performance Security 58 10. Inspections and Test 59 11. Packing 59 12. Delivery and Documents 60 13. Incidental Services 60 14. Spare Parts 60 15. Warranty 61 16. Payment 61 17. Prices 62 18. Change Orders 62 19. Contract Amendments 63 20. Assignment 63 21. Subcontracts 63 22. Delays in the Supplier’s Performance 63 23. Liquidated Damages 63 24. Termination for Default 63 25. Termination for Insolvency 64 26. Force Majeure 64 27. Disputes 65 28. Procedure for Disputes 65 TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 13 of 185 SECTION III: TENDER DATA SHEET 14
29. Replacement of Adjudicator 65 30. Limitation of Liability 65 31. Notices 66 32. Taxes and Duties 66
SECTION V - CONTRACT DATA SHEET (SPECIFIC CONDITIONS OF CONTRACT)...... 67 SECTION VI: SCHEDULE OF REQUIREMENTS...... 82 SECTION VII: TECHNICAL SPECIFICATIONS...... 83 SECTION VIII: TENDER FORMS...... 157 A. Form of Tender 158 B. Price Schedules for Goods and Related Services 159 C. Confidential Business Questionnaire 159 D. Integrity Declaration 164 UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT AND COMPLIANCE PROGRAMME 164 ANTI-CORRUPTION DECLARATION COMMITMENT/ PLEDGE 165 E. Letter of notification to Unsuccessful Bidders 166 F. Letter of Acceptance 167 G. Form of Contract 168 SECTION IX: FORMS OF SECURITY...... 169 A. Tender security (Bank Guarantee) (MANDATORY REQUIREMENT) 170 B. Performance Bank/ Guarantee [Unconditional] 171 C. Bank Guarantee for Advance Payment 172 D. Manufacturer’s Authorization Form (Mandatory if the bidder is not the manufacturer) 173 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD...... 174 FORM RB 1 175
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A. Introduction
1. Scope of 1.1 The Procuring Entity indicated in the Tender Data Sheet (TDS) Tender invites Tenders for the provision of Goods as specified in the Tender Data Sheet and Section VII, Technical Specification. 1.2 The successful Tenderer will be expected to complete the supply of the goods by the required completion date specified in the Tender Data Sheet.
2. Source of 2.1 The Procuring Entity has set aside sufficient funds for the Funds operations of the Procuring Entity named in the Tender Data Sheet during the Financial Year indicated in the Tender Data Sheet. It is intended that part of the proceeds of the funds will be applied to cover eligible payments under the contract for the supply of goods as described in the Tender Data Sheet.
2.2 Payments will be made directly by the Procuring Entity for each call-off order and will be subject in all respects to the terms and conditions of the resulting contract placed by the Procuring Entity.
3. Eligible 3.1 A Tenderer may be a natural person, private entity, government- Tenderers owned entity, subject to ITT sub-Clause 3.4 or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a joint venture, consortium or association. In the case of a joint venture, consortium or association, unless otherwise specified in the Tender Data Sheet, all parties shall be jointly and severally liable.
3.2 The invitation for Tenders is open to all suppliers as defined in the Public Procurement and Disposal Act, 2005 and the Public Procurement and Disposal Regulations, 2006 except as provided hereinafter.
3.3 Local Tenderers shall satisfy all relevant licensing and/or registration requirements with the appropriate statutory bodies in Kenya. Foreign Tenderers who are selected as having submitted the lowest evaluated Tender shall register with the appropriate statutory body and shall be required to submit evidence of registration as an approved Service Provider in Kenya before signing the Contract.
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3.4 A Tenderer shall not have a conflict of interest. All Tenderers found to have a conflict of interest shall be disqualified. A Tenderer may be considered to have a conflict of interest with one or more parties in this Tendering process, if he/she seeks or has a direct or indirect pecuniary interest with another Tenderer or has a direct or indirect pecuniary interest with a person that would conflict with that person’s duties with respect to the procurement. Conflicts of interest would arise where Tenderers: a) Are associated or have been associated in the past, directly or indirectly with a firm or any of its affiliates which have been engaged by the Procuring Entity to provide consulting services for the preparation of the design, specifications and other documents to be used for the procurement of the goods to be purchased under this Invitation for Tenders; or b) Have controlling shareholders in common; or c) Receive or have received any direct or indirect subsidy from any of them; or d) Have the same legal representative for purposes of this Tender; or e) Have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Tender of another Tenderer, or influence the decisions of the Procuring Entity regarding this Tendering process; or f) Submit more than one Tender in this Tendering process, except as an alternative Tender as provided for under Clause 6. However, this does not limit the participation of subcontractors in more than one Tender, or as Tenderers and subcontractors simultaneously; or g) Participated as a consultant in the preparation of the design or technical specifications of the goods and related services that are the subject of the Tender.
3.5 Tenderers shall not be eligible to submit a Tender if they have been debarred under Section 115 of the Act.
3.6 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall reasonably request.
4. Eligible Goods 4.1 All goods and related services to be supplied under the contract and Related shall have their origin in eligible source countries, and all Services expenditures made under the contract will be limited to such goods and services. For purpose of this Tender ineligible countries, if any, are listed in the Tender Data Sheet.
4.2 For the purposes of this Clause, the term “goods” includes commodities, raw materials, machinery, equipment and industrial plants, and “related services” includes services such as insurance, installation, training and initial maintenance.
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4.3 For purposes of this Clause, “origin” means the place where the goods are mined, grown, cultivated, produced, manufactured, or processed, or through manufacture, process, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its imported components or the place from which the related services are supplied. 4.4 The nationality of the firm that produces, assembles, distributes, or sells the goods and services shall not determine their origin. 4.5 To establish the eligibility of the supplies and the related services, Tenderers shall fill the country of origin declarations included in the Form of Tender. 4.6 If so required in the Tender Data Sheet, the Tenderer shall demonstrate that it has been duly authorized by the manufacturer of the goods to supply in Kenya, the goods indicated in its Tender.
5. One Tender 5.1 A firm shall submit only one Tender in the same Tendering process, per Tenderer either individually as a Tenderer or as a partner in a joint venture. However, this does not prevent a Tenderer from submitting an Alternative Tender as provided for under Clause 6.2. 5.2 No firm can be a subcontractor while submitting a Tender individually or as a partner of a joint venture in the same Tendering process. 5.3 A firm, if acting in the capacity of subcontractor in any Tender, may participate in more than one Tender but only in that capacity. 5.4 A Tenderer who submits or participates in more than one Tender (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the Tenders in which the Tenderer has participated to be disqualified.
6. Alternative 6.1 Tenderers shall submit offers that comply with the requirements of Tenders by the Tender documents, including the basic Tenderer’s technical Tenderers design as indicated in the specifications and Schedule of Requirements. Alternatives will not be considered, unless specifically allowed for in the Tender Data Sheet. If so allowed, sub-Clause 6.2 shall Prevail. 6.2 If so allowed in the Tender Data Sheet, Tenderers wishing to offer technical alternatives to the requirements of the Tender documents must also submit a Tender that complies with the requirements of the Tender documents, including the basic technical design as indicated in the specifications. In addition to submitting the basic Tender, the Tenderer shall provide all information necessary for a complete evaluation of the alternative by the Procuring Entity, including technical specifications, breakdown of prices, and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Tenderer conforming to the basic technical requirements shall be considered by the Procuring Entity. 7. Cost of 7.1 The Tenderer shall bear all costs associated with the preparation Tendering and submission of its Tender, and the Procuring Entity shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.
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B. Tender documents
8. Content of 8.1 The goods required, Tendering procedures, and contract terms Tender are prescribed in the Tender documents. In addition to the documents Invitation for Tenders, the Tender documents which should be read in conjunction with any addenda issued in accordance with ITT clause 9.2 include: Section II Instructions to Tenderers (ITT) Section III Tender Data Sheet (TDS) Section IV General Conditions of Contract (GCC) Section V Contract data sheet (CDS) Section VI Schedule of Requirements Section VII Technical Specifications Section VIII Tender Forms a) Form of Tender b) Price schedule for Goods and Related Services c) Confidential Business Questionnaire d) Integrity Undertaking by Tenderer on Anti-bribery Policy/ Code of Conduct and Compliance Program e) Letter of Acceptance f) Form of Contract Section IX Forms of Security a) Tender Security Form b) Performance Bond/Security Form c) Bank Guarantee for Advance Payments d) Manufacturer’s Authorization Form Section X Form RB 1 Application to Public Procurement Administrative Review Board The number of copies to be completed and returned with the 8.2 Tender is specified in the Tender Data Sheet. 8.3 The Procuring Entity is not responsible for the completeness of the Tender documents and their addenda, if they were not appropriately obtained directly from the Procuring Entity. 9. Clarification of 9.1 A prospective Tenderer requiring any clarification of the Tender Tender documents may notify the Procuring Entity in writing documents or electronic mail or facsimile at the Procuring Entity's address indicated in the Tender Data Sheet prior to the deadline for the submission of Tenders prescribed in sub- Clause 22.1. 9.2 The Procuring Entity will within the period stated in the Tender Data Sheet respond in writing to any request for clarification provided that such request is received no later than the period indicated in the Tender Data Sheet prior to the deadline for the submission of Tenders prescribed in sub- Clause 22.1. 9.3 Copies of the procuring Entity's response will be forwarded to all Purchasers of the Tender documents, including a description of the inquiry, but without identifying its source. 9.4 Should the Procuring Entity deem it necessary to amend the Tender documents as a result of a clarification, it shall do so following the procedure under ITT Clause 10.
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10. Amendment of 10.1 Before the deadline for submission of Tenders, the Procuring Tender Entity, for any reason, whether at its own initiative or in documents response to a clarification requested by a prospective Tenderer, may modify the Tender document by issuing addenda.
10.2 Any addendum issued shall be part of the Tender document pursuant to sub-Clause 8.1 and shall be communicated in writing to all who have obtained the Tender documents directly from the Procuring Entity. Prospective Tenderers shall acknowledge receipt of each addendum by writing electronic mail, telex or facsimile to the Procuring Entity.
10.3 In order to allow prospective Tenderers reasonable time in which to take an addendum into account in preparing their Tenders, the Procuring Entity, at its discretion, may extend the deadline for the submission of Tenders, pursuant to Sections 55(3) and 61(1) of the Act.
C. Preparation of Tenders
11. Language of 11.1 The Tender prepared by the Tenderer, as well as all Tender correspondence and documents relating to the Tender exchanged by the Tenderer and the Procuring Entity shall be written in English unless another language is specified in the Tender Data Sheet. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the Tender Data Sheet, in which case, for purposes of interpretation of the Tender, the translation shall govern.
12. Documents 12.1 The Tender prepared by the Tenderer shall constitute the Constituting the following components: Tender a) Form of Tender and a Price Schedule completed in accordance with ITT Clauses 15, 16, and 17; b) Documentary evidence established in accordance with ITT Clause 14 that the Tenderer is eligible to Tender and is qualified to perform the contract if its Tender is accepted; c) Documentary evidence established in accordance with ITT sub-Clause 14.3(a) that the Tender has been authorized by the manufacturer to supply the goods into Kenya, where required and where the supplier is not the manufacturer of those goods; d) Documentary evidence established in accordance with ITT Clause 13 that the goods and ancillary services to be supplied by the Tenderer are eligible goods and services and conform to the Tender documents;
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e) Tender securing declaration or Tender security furnished in accordance with ITT Clause 19 and/or 19A; f) Written Power of Attorney authorizing the signatory of the Tender to commit the Tenderer, in accordance with ITT Clause 20.2; and g) Any other document required in the Tender Data Sheet.
13. Documents 13.1 Pursuant to ITT Clause 12, the Tenderer shall furnish, as part Establishing of its Tender, documents establishing the eligibility and Eligibility of conformity to the Tender documents of all goods and related Goods and services which the Tenderer proposes to supply under the Related Services contract. and Conformity to Tender 13.2 The documentary evidence of the eligibility of the goods and documents related services shall consist of a statement in the Price Schedule of the country of origin of the goods and related services offered which shall be confirmed by a certificate of origin issued at the time of shipment.
13.3 The documentary evidence of conformity of the goods and related services to the Tender documents may be in the form of literature, drawings, and data, and shall consist of:
a) a detailed description of the essential technical and performance characteristics of the Goods;
b) an item-by-item commentary on the Procuring Entity’s Technical Specifications demonstrating substantial responsiveness of the Goods and Services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications; and
c) Any other specific documentation requirement as stated in the Tender Data Sheet.
13.4 The Tenderer shall also furnish a list giving full particulars, including available sources and current prices of goods, spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the Tender Data Sheet following commencement of the use of the goods by the Procuring Entity.
13.5 For purposes of the commentary to be furnished pursuant to sub-Clause 13.3(c) above, the Tenderer shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Procuring Entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The Tenderer may substitute alternative standards, brand names,
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and/or catalogue numbers in its Tender, provided that it demonstrates to the Procuring Entity’s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications.
13.6 The required documents and other accompanying documents must be typewritten in English or as stated in Tender Data Sheet. In case any other language than English is used the pertinent translation into English shall be attached to the original version.
14. Documents 14.1 Pursuant to ITT Clause 11, the Tenderer shall furnish, as part Establishing of its Tender, documents establishing the Tenderer’s Eligibility and eligibility to Tender and its qualifications to perform the Qualification of contract if its Tender is accepted. the Tenderer 14.2 The documentary evidence of the Tenderer’s eligibility to Tender shall establish to the Procuring Entity’s satisfaction that the Tenderer, at the time of submission of its Tender, is from an eligible country as defined under ITT Clause 4.
14.3 The documentary evidence of the Tenderer’s qualifications to perform the contract if its Tender is accepted shall establish to the Procuring Entity’s satisfaction:
a) that, in the case of a Tenderer offering to supply goods under the contract which the Tenderer did not manufacture or otherwise produce, the Tenderer has been duly authorized by the goods’ Manufacturer or producer to supply the goods in Kenya ; b) The Tenderer has the financial, technical, and production capability necessary to perform the Contract, meets the qualification criteria specified in the Tender Data Sheet, and has a successful performance history in accordance with criteria specified in the Tender Data Sheet. If a pre- qualification process has been undertaken for the Contract, the Tenderer shall, as part of its Tender, update any information submitted with its pre- qualification; c) that, in the case of a Tenderer not doing business within Kenya, the Tenderer is or will be (if awarded the contract) represented by an Agent in that country equipped and able to carry out the Supplier’s maintenance, repair, and spare parts stocking obligations prescribed in the General Conditions of Contract and/or Technical Specifications; and
d) That the Tenderer meets the qualification criteria listed in the Tender Data Sheet.
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14.4 When Tendering for more than one Contract under the lots, the Tenderer must provide evidence that it meets or exceeds the sum of all the individual requirements for the lots being applied for in regard to:- a) Average annual turnover; b) Particular experience including key production rates; c) Financial means, etc; d) Personnel capabilities; and e) Equipment capabilities. In case the Tenderer fails to fully meet any of these criteria, it may be qualified only for those lots for which the Tenderer meets the above requirement.
15. Form of Tender 15.1 The Tenderer shall fill the Form of Tender furnished in the Tender documents. The Tender Form must be completed without any alterations to its format and no substitute shall be accepted.
16. Tender Prices 16.1 The Tender prices and discounts quoted by the Tenderer in the Form of Tender and in the Price Schedules shall conform to the requirements specified below.
16.2 Unless otherwise indicated in the Tender Data Sheet, all items in the Schedule of Requirements must be listed and priced separately in the Price Schedules. If a Price Schedule shows items listed but not priced, the Tender will be rejected as being substantially non-responsive. Items not listed in the Price Schedule shall be assumed to be not included in the Tender and the Tender will be rejected as being substantially non-responsive.
16.3 The Tender price to be quoted in the Tender Form in accordance with sub-Clause 16.1 shall be the total price of the Tender, excluding any discounts offered.
16.4 The Tenderer shall quote any unconditional discounts and the methodology for their application in the Tender Form in accordance with sub-Clause 16.9.
16.5 The Tenderer shall indicate on the appropriate Price Schedule the unit prices (where applicable) and total Tender price of the goods it proposes to supply under the contract
16.6 Prices indicated on the Price Schedule shall be entered separately in the following manner:
a) For goods offered from within Kenya :
i) The price of the goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable:
On the components and raw material used in the TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 22 of 185 SECTION III: TENDER DATA SHEET 23
manufacture or assembly of goods quoted ex works or ex factory; or On the previously imported goods of foreign origin quoted ex warehouse, ex showroom, or off- the-shelf;
ii) Taxes which will be payable on the goods if the contract is awarded;
iii) The price for inland transportation, insurance, and other local costs incidental to delivery of the goods to their final destination, if specified in the Tender Data Sheet; and
iv) The price of other (incidental) services, if any, listed in the Tender Data Sheet.
b) For goods offered from abroad:
i) The price of the goods shall be quoted using the INCOTERMS specified in the Tender Data Sheet;
ii) The price for inland transportation, insurance, and other local costs incidental to delivery of the goods from the port of entry to their final destination, if specified in the Tender Data Sheet; and
iii) The price of (incidental) services, if any, listed in the Tender Data Sheet.
16.7 Prices proposed on the Price Schedule for goods and related services shall be disaggregated, where appropriate as indicated in this sub-Clause. This desegregation shall be solely for the purpose of facilitation the comparison of Tenders by the Procuring Entity. This, shall not in any way limit the Procuring Entity’s right to contract on any of the terms offered:-
a) For Goods:-
i. The price of the Goods, quoted DDP or other INCOTERMS as specified in the Tender Data Sheet;
ii. All customs duties, value added tax, and other taxes applicable in the United goods or on the components and raw materials used in their manufacture or assembly, if the contract is awarded to the Tenderer; and
b) For Related Services
i. The price of the related services, ii. All customs duties, value added tax, and other taxes
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applicable Kenya, paid or payable, on the related services, if the contract is awarded to the Tenderer; and c) The total price for the item.
16.8 Prices quoted by the Tenderer shall be fixed during the Tenderer’s performance of the contract and not subject to variation on any account, unless otherwise specified in the Tender Data Sheet. A Tender submitted with an adjustable price quotation will be treated as non-responsive and shall be rejected, pursuant to ITT Clause 28. If, however, in accordance with the Tender Data Sheet, prices quoted by the Tenderer shall be subject to adjustment during the performance of the contract, a Tender submitted with a fixed price tender will not be rejected, but there will be no price adjustment in any resulting contract.
16.9 If so indicated in the Invitation for Tenders and Instructions to Tenderers, that Tenders are being invited for individual contracts (Lots) or for any combination of contracts (packages), Tenderers wishing to offer any price reduction for the award of more than one contract shall specify in their Tender the price reductions applicable to each package, or alternatively, to individual contracts within a package.
17. Tender 17.1 Prices shall be quoted in the following currencies: Currencies For goods and services that the Tenderer will supply from within Kenya, the prices shall be quoted in Kenya Shillings, unless otherwise specified in the Tender Data Sheet.
For goods and related services that the Tenderer will supply from outside Kenya, or for imported parts or components of goods and related services originating outside Kenya, the Tender prices shall be quoted in the foreign currency stated in the Tender Data Sheet.
17.2 For purposes of evaluating Tenders, the PE shall fix exchange rates for the nominated foreign currency by foreign or international Tenderers from eligible countries. In fixing the exchange rates for the nominated foreign currencies indicated in the Tender Data Sheet, the PE shall use ruling mean rate obtained from the Central Bank of Kenya (Website: www.centralbank.go.ke for more information) for the nominated foreign currency on the date of the Tender opening. The fixed exchange rate, which shall be indicated in the Tender Data Sheet by the PE, is for purposes of evaluation of tenders ONLY. The rates of exchange to be used by the Tenderer in arriving at the local currency equivalent and the proportions mentioned in sub-Clause 16.1 above shall be the selling rates for similar transactions established by the Central Bank of Kenya prevailing on the date specified in the Tender Data Sheet or, if no date is specified, the date 28 days prior to the latest TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 24 of 185 SECTION III: TENDER DATA SHEET 25
deadline for submission of Tenders. These exchange rates shall be adjusted for all payments so that no exchange risk will be borne by the Tenderer. If the Tenderer uses other rates of exchange, the provisions of sub-Clause 30.1 shall apply. In any case, payments will be computed using the rates quoted in the Tender. 17.3 Tenderers shall indicate details of their expected foreign currency requirements in the Tender.
17.4 Tenderers may be required by the Procuring Entity to clarify their foreign currency requirements and to substantiate that the amounts included in Lump Sum and in the Contract data sheet are reasonable and responsive to sub-Clause 17.1.
18. Tender Validity 18.1 Tenders shall remain valid for the period specified in the Period Tender Data Sheet after the Tender submission deadline prescribed by the Procuring Entity, pursuant to ITT Clause 22. A Tender valid for a shorter period shall be rejected by the Procuring Entity as non responsive.
18.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the Procuring Entity may request that the Tenderers consent to an extension of the period of validity of their Tenders. The request and the Tenderers responses shall be made in writing electronic mail, telex and facsimile. The Tender security provided under ITT Clause 19A.1 shall also be suitably extended. A Tenderer may refuse the request without forfeiting its Tender security or causing to be executed its Tender securing declaration. A Tenderer agreeing to the request will not be required nor permitted to modify its Tender, but will be required to extend the validity of its Tender security or Tender Securing declaration for the period of the extension, and in compliance with ITT Clause 19 in all respects.
19. Tender Security 19.1 In addition, pursuant to ITT Clause 12, if specified in the Tender Data Sheet, the Tenderer shall furnish as part of its Tender a Tender Security in original form and in the amount and currency specified in the Tender Data Sheet.
19.2 The Tender security shall be denominated in the currency of the Tender and shall be in one of the following forms: a) cash b) a bank guarantee; c) an insurance company guarantee issued by an insurance firm approved by the PPOA; or d) an irrevocable letter of credit.
19.3 Any Tender security must be valid for a period of at least 30 (Thirty) days after the expiry of the Tender Validity Period.
19.4 The Tender security shall be payable promptly upon written demand by the Procuring Entity in case any of the conditions listed in sub-Clause 19.A.7 are invoked.
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19.5 Unsuccessful Tenderers’ Tender security will be discharged or returned as promptly as possible but not later than the expiration of the period of Tender validity prescribed by the Procuring Entity pursuant to ITT Clause 18.
19.6 The successful Tenderer’s Tender security will be discharged upon the Tenderer signing the contract pursuant to ITT Clause 38, and furnishing the performance security, pursuant to ITT Clause 39.
19.7 The Tender security shall be forfeited if a Tenderer:
a) Withdraws its Tender during the period of Tender validity specified in sub-Clause 18.1 except as provided for in sub- Clause 18.2; or b) Does not accept the correction of errors pursuant to sub- Clause 30.2; or c) In the case of a successful Tenderer, if the Tenderer fails: i. To sign the contract in accordance with ITT Clause 38; or ii. To furnish performance security in accordance with ITT Clause 39.
20. Format and 20.1 The Tenderer shall prepare an original and the number of Signing of copies of the Tender indicated in the Tender Data Sheet, Tender clearly marking each “ORIGINAL” and “COPY,” as appropriate. In the event of any discrepancy between them, the original shall prevail.
20.2 The original and the copy or copies of the Tender shall be typed or written in indelible ink and shall be signed by the Tenderer or a person or persons duly authorized to sign on behalf of the Tenderer. This authorization shall consist of a written confirmation as specified in the Tender Data Sheet and shall be attached to the Tender. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Tender, except for un-amended printed literature, shall be initialled by the person or persons signing the Tender.
20.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person or persons signing the Tender.
20.4 The Tenderer shall furnish information as described in the Form of Tender on commissions or gratuities, if any, paid or to be paid to agents relating to this Tender and to contract execution if the Tenderer is awarded the contract
D. Submission of Tenders
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21. Sealing and 21.1 The Tenderer shall seal the original and each copy of the Marking of Tender in separate envelopes, duly marking the envelopes as Tenders “ORIGINAL” and “COPY.” The envelopes shall then be sealed in an outer envelope securely sealed in such a manner that opening and resealing cannot be achieved undetected.
21.2 The inner and outer envelopes shall:
a) Be addressed to the Procuring Entity at the address given in the Tender Data Sheet; and
b) Bear the Tender name indicated in the Tender Data Sheet, the Invitation for Tenders (ITT) title and number indicated in the Tender Data Sheet, and a statement: “DO NOT OPEN BEFORE,” to be completed with the time and the date specified in the Tender Data Sheet, pursuant to sub-Clause 22.1.
21.3 In addition to the identification required in sub-Clause 21.2, the inner envelopes shall also indicate the name and address of the Tenderer to enable the Tender to be returned unopened in case it is declared “late” pursuant to ITT Clause 23 and for matching purpose under ITT Clause 24.
21.4 If all envelopes are not sealed and marked as required by sub- Clause 21.2, the Procuring Entity will assume no responsibility for the misplacement or premature opening of Tender.
22. Deadline for 22.1 Tenders shall be received by the Procuring Entity at the Submission of address specified under sub-Clause 21.2 no later than the date Tenders and time specified in the Tender Data Sheet.
22.2 The Procuring Entity may, in exceptional circumstances and at its discretion, extend the deadline for the submission of Tenders by amending the Tender documents in accordance with ITT Clause 9, in which case all rights and obligations of the Procuring Entity and Tenderers previously subject to the deadline will thereafter be subject to the new deadline.
22.3 The extension of the deadline for submission of Tenders shall not be made later than the period specified in the Tender Data Sheet before the expiry of the original deadline.
23. Late Tenders 23.1 The Procuring Entity shall not consider for evaluation any Tender that arrives after the deadline for submission of Tenders, in accordance with ITT Clause 22.
23.2 Any Tender received by the Procuring Entity after the deadline for submission of Tenders shall be declared late, rejected and returned unopened to the Tenderer.
24. Modification, 24.1 A Tenderer may modify or substitute or withdraw its Tender Substitution and after it has been submitted, provided that written notice of the TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 27 of 185 SECTION III: TENDER DATA SHEET 28
Withdrawal of modification, including modification, substitution or Tenders withdrawal of the Tender, is received by the Procuring Entity prior to the deadline for submission of Tenders.
24.2 The Tenderer’s modification, substitution or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of ITT Clauses 20 and 21 with the outer and inner envelopes additionally marked “MODIFICATION” “SUBSTITUTION” or “WITHDRAWAL” as appropriate. The notice may also be sent by electronic mail or facsimile but followed by a signed confirmation copy, postmarked not later than the deadline for submission of Tenders.
24.3 Tenders may only be modified by withdrawal of one or more pages of the original Tender and submission of replacement pages of the Tender in accordance with sub-Clause 24.1. Modifications submitted in any other way shall not be taken into account in the evaluation of Tenders. Each modified page must be marked “MODIFIED” with the date of modification.
24.4 Tenderers may only offer discounts to or otherwise modify the prices of their Tenders by substituting Tender modifications in accordance with this Clause or included in the original Tender submission.
24.5 No Tender may be withdrawn, replaced or modified in the interval between the deadline for submission of Tenders and the expiration of the period of Tender validity specified by the Tenderer on the Form of Tender. Withdrawal of a Tender during this interval shall result in the Tenderer’s forfeiture of its Tender security or execution of the Tender Securing Declaration, pursuant to the sub-Clause 19.7
E. Opening and Evaluation of Tenders
25. Opening of Tenders 25.1 The Procuring Entity will open all Tenders including modifications, substitutions or withdrawal notices made pursuant to ITT Clause 24, in public, in the presence of Tenderers or their representatives who choose to attend, and other parties with a legitimate interest in the Tender proceedings at the place, on the date and at the time, specified in the Tender Data Sheet. The Tenderers’ representatives present shall sign a register as proof of their attendance.
25.2 Where it is stated in the Tender Data Sheet that technical and financial proposals shall be submitted in separate envelopes, only the technical envelope will be opened at the initial opening of Tenders. The financial envelope will be opened following technical evaluation and only in respect of those offers that pass the technical evaluation.
Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenders for which an acceptable notice of TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 28 of 185 SECTION III: TENDER DATA SHEET 29
withdrawal has been submitted pursuant to ITT Clause 24 shall not be opened but returned to the Tenderer. If the withdrawal envelope does not contain a copy of the “Power of Attorney” confirming the signature as a person duly authorized to sign on behalf of the Tenderer, the corresponding Tender will be opened. Subsequently, all envelopes marked "MODIFICATION" shall be opened and the submissions therein read out in appropriate detail. Thereafter all envelopes marked “SUBSTITUTION” shall be opened and the submissions therein read out in appropriate detail.
25.3 All other envelopes shall be opened one at a time. The Tenderers names, the tender prices except where numerous items are quoted separately, the total amount of each Tender and of any alternative Tender (if alternatives have been requested or permitted), any discounts, the presence or absence of Tender security, Tender Securing Declaration and such other details as the appropriate Tender Opening Committee may consider appropriate, will be announced by the secretary of the Tender Opening Committee at the opening. If technical evaluation precedes the opening of financial offers, no prices will be read out at the opening of the technical offers.
25.4 Tenders or modifications that are not opened and not read out at the Tender opening shall not be considered further for evaluation, irrespective of the circumstances. In particular, any discount offered by a Tenderer which is not read out at Tender opening shall not be considered further.
25.5 Tenderers are advised to send in a representative with the knowledge of the content of the Tender who shall verify the information read out from the submitted documents. Failure to send a representative or to point out any un-read information by the sent Tenderer’s representative shall indemnify the Procuring Entity against any claim or failure to read out the correct information contained in the Tenderers Tender.
25.6 No Tender will be rejected at Tender opening except for late Tenders which will be returned unopened to the Tenderer, pursuant to ITT Clause 23.
25.7 The Secretary of the tender opening committee shall prepare minutes of the Tender opening. The record of the Tender opening shall be recorded on the Tender Opening Register and shall include, as a minimum: the name of the Tenderer and whether or not there is a withdrawal, substitution or modification, the Tender price per Lot if applicable, including any discounts and alternative offers and the presence or absence of a Tender Security or Tender Securing Declaration.
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requested to sign the record. The omission of a Tenderer’s representative’s signature on the record shall not invalidate the contents and affect the record. A copy of the record shall be distributed to all the Tenderers.
25.9 A copy of the minutes of the Tender opening shall be furnished to individual Tenderers upon request.
26. Confidentiality 26.1 Information relating to the examination, clarification, evaluation and comparison of Tenders and recommendation of contract award shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced.
26.2 Any effort by a Tenderer to influence the Procuring Entity processing of Tenders or award decisions may result in the rejection of its Tender.
26.3 Notwithstanding sub-Clause 26.2 from the time of Tender opening to the time of contract award, if any Tenderer wishes to contact the Procuring Entity on any matter related to the Tendering process, it should do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation and comparison of Tenders Tenders and post-qualification of the Tenderers, the Procuring Entity may, at its discretion, ask any Tenderer for a clarification of its Tender including breakdown of prices. Any clarification submitted by a Tenderer that is not in response to a request by the Procuring Entity shall not be considered.
27.2 The request for clarification and the response shall be in writing. No change in the prices or substance of the Tender shall be sought, offered, or permitted except to confirm the correction of arithmetic errors discovered by the Procuring Entity in the evaluation of Tenders in accordance with ITT Clause 30.
27.3 From the time of Tender opening to the time of Contract award if any Tenderer wishes to contact the Procuring Entity on any matter related to the Tender it should do so in writing.
28. Preliminary 28. Prior to the detailed evaluation of Tenders, the Procuring Examination of 1 Entity will determine whether: Tenders a) The tender has been submitted in the required format; b) Any tender security submitted is in the required form, amount and validity period; c) The tender has been signed by the person lawfully authorized to do so; d) The required number of copies of the tender have been submitted;
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e) The tender is valid for the period required; f) All required documents and information have been submitted; and g) Any required samples have been submitted. The Procuring Entity's determination of a Tender's responsiveness will be based on the contents of the Tender itself. 28. A substantially responsive Tender is one which conforms to 2 all the terms, conditions, and specifications of the Tender documents, without material deviation or reservation. A material deviation or reservation is one that:- a) Affects in any substantial way the scope, quality, or performance of the Services; b) Limits in any substantial way, inconsistent with the Tender documents, the Procuring Entity's rights or the Tenderers obligations under the Contract; or c) If rectified, would affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders. 28. The Procuring Entity will confirm that the documents and 3 information specified under ITT Clause 11, ITT Clause 12 and ITT Clause 13 have been provided in the Tender. If any of these documents or information is missing, or is not provided in accordance with the Instructions to Tenderers, the Tender shall be rejected.
28. The Procuring Entity may waive any minor informality, 4 nonconformity, or irregularity in a Tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Tenderer.
28. If a Tender is not substantially responsive, it will be rejected 5 by the Procuring Entity and may not subsequently be made responsive by the Tenderer by correction of the nonconformity. 29. Technical 29.1 The Procuring Entity shall examine the Tender to confirm Evaluation that all terms and conditions specified in the General Conditions of Contract and the Contract data sheet have been accepted by the Tenderer without any material deviation or reservation. 29.2 The Procuring Entity shall evaluate the technical aspects of the Tender submitted in accordance with ITT Clause 12, to confirm that all requirements specified in Section VI – Schedule of Requirements of the Tender documents and Section VII – Technical Specifications have been met without material deviation or reservation. 29.3 If after the examination of the terms and conditions and the technical evaluation, the Procuring Entity determines that the Tender is not substantially responsive in accordance with TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 31 of 185 SECTION III: TENDER DATA SHEET 32
ITT Clause 28, it shall reject the Tender. 30. Financial 30.1 Tenders determined to be substantially responsive will be Evaluation checked for any arithmetic errors. Errors will be corrected as follows:- a) If there is a discrepancy between unit prices and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected, unless in the opinion of the Procuring Entity there is an obvious misplacement of the decimal point in the unit price, in which the total price as quoted shall govern and the unit price shall be corrected; b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and c) Where there is a discrepancy between the amounts in figures and in words, the amount in words will govern. 30.2 The amount stated in the Tender will be adjusted by the Procuring Entity in accordance with the above procedure for the correction of errors and, with, the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount, its Tender will then be rejected, and the Tender security shall be forfeited or the Tender securing declaration may be executed in accordance with sub-Clause 19.5. 30.3 Where applicable and as stated in the Tender Data Sheet, the Procuring Entity will convert all Tender prices expressed in the amounts in various foreign currencies in which the Tender prices are payable to Kenya Shillings at the selling exchange rate established for similar transactions by the Central Bank of Kenya or a commercial bank in Kenya.
30.4 The currency selected for converting Tender prices to a common base for the purpose of evaluation, along with the source and date of the exchange rate, are specified in the Tender Data Sheet.
30.5 The Procuring Entity shall evaluate and compare only the Tenders determined to be substantially responsive, pursuant to ITT Clause 28.
30.6 The Procuring Entity’s evaluation of a Tender will include and take into account:
a) In the case of goods manufactured in Kenya or goods of foreign origin already located in Kenya, VAT and other similar taxes, which will be payable on the goods if a contract is awarded to the Tenderer; b) In the case of goods of foreign origin offered from abroad, customs duties and other similar import taxes including value added taxes which will be payable on TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 32 of 185 SECTION III: TENDER DATA SHEET 33
the goods if the contract is awarded to the Tenderer; and c) Any allowance for price adjustment during the period of execution of the contract, if provided in the Tender. 30.7 The comparison shall be between the EXW price of the goods offered from within Kenya, such price to include all costs, as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the goods, and the landed cost (CIF named port of destination or CIP border point, or CIP named place of destination) making up the price of the goods offered from Kenya.
30.8 a) In evaluating the Tenders, the evaluation committee will, in addition to the Tender price quoted in accordance with sub-Clause 15.1, take account of the evaluation criteria specified in the Tender Data Sheet. 30.9 For the evaluation criteria specified in the Tender Data Sheet pursuant to sub-Clause 32.4, one or more of the following quantification methods will be applied, as detailed in the Tender Data Sheet:
a) Inland transportation from EXW/port of entry/border point, Insurance and incidentals. Inland transportation, insurance, and other incidental costs for delivery of the goods from EXW/port of entry/border point to Project Site named in the Tender Data Sheet will be computed for each Tender by the PE on the basis of published tariffs by the rail or road transport agencies, insurance companies, and/or other appropriate sources. To facilitate such computation, Tenderer shall furnish in its Tender the estimated dimensions and shipping weight and the approximate EXW/CIF (or CIP border point) value of each package. The above cost will be added by the PE to EXW/CIF/CIP border point price.
b) Delivery schedule. The goods covered under this invitation are required to be delivered (shipped) within an acceptable range of weeks specified in the Schedule of Requirement. No credit will be given for earlier deliveries, and Tenders offering delivery beyond this range will be treated as non-responsive. Within this acceptable range, an adjustment per week, as specified in the Tender Data Sheet, will be added for evaluation to the Tender price of Tenders offering deliveries later than the earliest delivery period specified in the Schedule of Requirements.
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c) Deviation in payment schedule. Tenderers shall state their Tender price for the payment schedule outlined in the CDS. Tenders will be evaluated on the basis of this base price. Tenderers are, however, permitted to state an alternative payment schedule and indicate the reduction in Tender price they wish to offer for such alternative payment schedule. The Procuring Entity may consider the alternative payment schedule offered by the selected Tenderer. d) Total cost of ownership The Procuring Entity will take account of the total cost of ownership of the items being supplied including the following criteria: e) Cost of spare parts The Procuring Entity will estimate the cost of spare parts usage in the initial period of operation specified in the Tender Data Sheet, based on information furnished by each Tenderer, as well as on past experience of the Procuring entity or other purchasers in similar situations. Such costs shall be added to the Tender price for evaluation. f) Spare parts and after sales service facilities in Kenya The cost to the PE of establishing the minimum service facilities and parts inventories, as outlined in the Tender Data Sheet or elsewhere in the Tender documents, if quoted separately, shall be added to the Tender price. g) Operating and maintenance costs Since the operating and maintenance costs of the goods under procurement form a major part of the life cycle cost of the equipment, these costs will be evaluated in accordance with the criteria specified in the Tender Data Sheet or in the Technical Specifications.
h) Performance and productivity of the equipment. Tenderers shall state the guaranteed performance or efficiency in response to the Technical Specification. For each drop in the performance or efficiency below the norm of 100, an adjustment for an amount specified in the Tender Data Sheet will be added to the Tender price, representing the capitalized cost of additional operating costs over the life of the plant, using the methodology specified in the Tender Data Sheet or in the Technical Specifications. i) Specific additional criteria. Other specific additional criteria to be considered in the evaluation and the evaluation method shall be detailed in the Tender Data Sheet and/or the Technical Specifications. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 34 of 185 SECTION III: TENDER DATA SHEET 35
30.10 If these Tender documents allow Tenderers to quote separate prices for different Lots, and the award to a single Tenderer of multiple Lots, the methodology of evaluation to determine the lowest evaluated Lot combinations, including any discounts offered in the Form of Tender, is specified in the Tender Data Sheet. 31. National Preference31.1 In the evaluation of Tenders the Procuring Entity shall apply exclusive preference to citizens of Kenya where: a) The funding is 100% from the Government of Kenya or a Kenyan body; b) The amounts are below the prescribed threshold of KShs.50 million (or KShs.200 million for procurements of works); 31.2 To qualify for the preference the candidate shall provide evidence of eligibility by: a) Proving Kenyan citizenship by production of a Kenyan Identity Card; or b) Providing proof of being a “citizen contractor” in terms of section 3(1) of the Act, i.e. being a natural person or an incorporated company wholly owned and controlled by persons who are citizens of Kenya. 31.3 In the event of the Minister for Finance prescribing additional preference and/or reservation schemes, details will be given in the Tender Data Sheet.
32. Post-qualification 32.1 If specified in the Tender Data Sheet Post-qualification of Tenderer shall be undertaken.
32.2 The Procuring Entity will determine to its satisfaction whether the Tenderer that is selected as having submitted the lowest evaluated responsive Tender is qualified to perform the contract satisfactorily, in accordance with the criteria listed in sub-Clause 13.3.
32.3 The determination will take into account the Tenderer’s financial, technical, and production capabilities. It will be based upon an examination of the documentary/physical evidence of the Tenderer’s qualifications submitted by the Tenderer, pursuant to sub-Clause 13.3, as well as such other information as the Procuring Entity deems necessary and appropriate. Factors not included in these Tender documents shall not be used in the evaluation of the Tenderers’ qualifications.
32.4 An affirmative determination will be a prerequisite for award of the contract to the Tenderer. A negative determination will result in rejection of the Tenderer’s Tender, in which event the Procuring Entity will proceed to the next lowest evaluated Tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily.
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F. Award of Contract
33. Criteria of 33.1 Subject to ITT Clause 32, the Procuring Entity will award the Award Contract to the Tenderer whose Tender has been determined to be substantially responsive to the Tender documents and who has offered the lowest Evaluated Tender Price, provided that such Tenderer has been determined to be:
a) Eligible in accordance with the provisions of ITT Clause 3; b) Is determined to be qualified to perform the Contract satisfactorily; and c) Successful negotiations have been concluded, if any.
33.2 If, pursuant to sub-Clause 14.4, this Contract is being let on a slice and package” basis, the lowest evaluated Tender price will be determined when evaluating this Contract in conjunction with other Contracts to be awarded concurrently, taking into account any discounts offered by the Tenderers for award of more than one Contract.
34. Procuring 34.1 Notwithstanding ITT Clause 33, the Procuring Entity reserves Entity’s Right to the right to accept or reject any Tender, and to reject all Tenders Accept any at any time prior to notification of contract award, without Tender and to thereby incurring any liability to the affected Tenderer or Reject any or Tenderers. All Tenders 34.2 Notice of the rejection of all Tenders shall be given promptly to all Suppliers that have submitted Tenders.
34.3 The Procuring Entity shall upon request communicate to any Tenderer the grounds for its rejection of its Tender, but is not required to justify those grounds.
35. Procuring 35.1 The Procuring Entity reserves the right at the time of contract Entity’s Right to award to increase or decrease the quantity of goods or related Vary Quantities services originally specified in these Tender documents at the Time of (schedule of requirements) provided this does not exceed the Award percentage indicated in the Tender Data Sheet, without any change in unit price or other terms and conditions of the Tender and Tender documents.
36. Notification of 36.1 The Tenderer whose Tender has been accepted will be notified Award of the award by the Procuring Entity prior to expiration of the Tender validity period by e-mail, or facsimile and confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Procuring Entity will pay the Service provider in consideration of the provision and maintenance of the Service(s) as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price).
36.2 The notification of award will constitute the formation of the Contract, subject to the Tenderer furnishing the Performance Security (if required) in accordance with ITT Clause 39 and signing of the contract in accordance with sub-Clause 38.2. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 36 of 185 SECTION III: TENDER DATA SHEET 37
36.3 At the same time as the person submitting the successful tender is notified, the Procuring Entity will notify each unsuccessful Tenderer, the name of the successful Tenderer and the Contract amount and will discharge the Tender security or Tender securing declaration of the Tenderers.
36.4 If, after notification of award, a Tenderer wishes to ascertain the grounds on which its Tender or application for pre-qualification was unsuccessful, it should address its request to the secretary of the Tender Committee that authorized the award of contract. The secretary of the Tender Committee shall, within fourteen days after a request, provide written reasons as to why the tender, proposal or application to be pre-qualified was unsuccessful. However, failure to take this opportunity to clarify the grounds for rejection does not affect the Tenderer’s right to seek immediate review by the Public Procurement Administrative Review Board under Clause 43.
37. Post Tender 37.1 Limited negotiations may be undertaken with the evaluated Concurrence Tender under Direct procurement method relating to the following areas:
a) A minor alteration to the technical details of the statement of requirements; b) Reduction of quantities for budgetary reasons, where the reduction is in excess of any provided for in the solicitation documents; c) A minor amendment to the contract data sheet; d) Finalising payment arrangements; e) Delivery arrangements; f) The methodology; or g) Clarifying details that were not apparent or could not be finalised at the time of Tendering.
37.2 Where negotiation fails to result into an agreement, the Procuring Entity may invite the next ranked Tenderer for negotiations. Where negotiations are commenced with the next ranked Tenderer, the Procuring Entity shall not reopen earlier negotiations.
38. Signing of 38.1 Promptly after notification, the Procuring Entity shall send the Contract successful Tenderer the agreement and Contract data sheet, incorporating all agreements between the parties obtained as a result of Contract negotiations.
38.2 Within the period specified in the notification or Tender Data Sheet but not later than fourteen (14) days since notification of award of contract, the successful Tenderer shall sign and date the contract and return it to the Procuring Entity. No contract is formed between the person submitting the successful tender and the procuring entity until the written contract is entered into.
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39. Performance 39.1 Within twenty one (21) days, but no earlier than fourteen (14) Security days, after receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Procuring Entity a Performance Security in the amount and in the form stipulated in the Tender Data Sheet and the Contract data sheet, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the Conditions of Contract.
39.2 If the Performance Security is provided by the successful Tenderer in the form of a Bank Guarantee or Insurance Bond, it shall be issued either:
a) At the Tenderer's option, by a bank or insurance firm located in Kenya, or a foreign bank or insurance firm through a correspondent bank or insurance firm located in Kenya,
OR
b) With the consent of the Procuring Entity, directly by a foreign bank acceptable to the Procuring Entity.
39.3 Failure of the successful Tenderer to comply with the requirement of sub-Clause 39.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender security, in which event the Procuring Entity may make the award to the next lowest evaluated Tenderer or call for new Tenders.
40. Advance 40.1 If provided for in the Tender Data Sheet, the Procuring Entity Payment will provide an Advance Payment on the Contract Price as stipulated in the General Conditions of Contract.
40.2 The Advance Payment request shall be accompanied by an Advance Payment Security (Guarantee) in the form provided in Section IX. For the purpose of receiving the Advance Payment, the Tenderer shall make and estimate of, and include in its Tender, the expenses that will be incurred in order to commence Delivery of Goods. These expenses will relate to the purchase of equipment, machinery, materials, and on the engagement of labour during the first month beginning with the commencement date of the Contract.
41. Adjudicator 41.1 Where so provided in the Tender Data Sheet, the Procuring Entity may propose the person named in the Tender Data Sheet to be appointed as Adjudicator under the Contract, at an hourly fee specified in the Tender Data Sheet, plus reimbursable expenses. If the Tenderer disagrees with this proposal, the Tenderer should so state in the Tender. If, in the Letter of Acceptance, the Procuring Entity has not agreed on the appointment of the Adjudicator, the Adjudicator shall be appointed by the Appointing Authority designated in the Contract data sheet at the request of either party.
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42. Fraud and 42.1 The Government requires that Procuring entities (including Corruption beneficiaries of Government funded projects and procurement) as well as Tenderers/Suppliers/Contractors under Government financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. It is the responsibility of the procuring entity to require that Tenderers suppliers, and contractors and their subcontractors observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy: a) For the purpose of this provision, the following definitions are provided:- “Corrupt practice” includes the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement or disposal process or in contract execution; “ Fraudulent practice” includes a misrepresentation of fact in order to influence a procurement or disposal process or the exercise of a contract to the detriment of the Procuring Entity and includes collusive practices amongst Tenderers prior to or after Tender submission designed to establish Tender prices at artificial non competitive levels and deprive the procuring entity of the benefits of free and open competition; “ Collusive practice” means an arrangement between two or more suppliers, contractors and subcontractors designed to achieve an improper purpose, including to influence improperly the actions of a procuring entity (PE) prior to or after Tender submission , designed to establish Tender prices at artificial non competitive levels and to deprive the PE of the benefit of free and open competition; “ Coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly a supplier, contractor or subcontractor or the property of either to influence improperly the actions of a PE; “ Obstructive practice” means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation.
b) A procuring entity (PE) has the right to require that Tenderers, suppliers, and contractors and their subcontractors permit persons duly appointed by KACC/PPOA to inspect their accounts and records and other documents relating to the Tender submission and contract performance,
c) The Procuring Entity will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in any of the above practices in competing for the contract;
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d) In pursuit of the policy defined in sub-Clause 45.1 the Procuring Entity will cancel the portion of the funds allocated to a contract for goods, works, or services if it at any time determines that corrupt or fraudulent practices were engaged in by representatives of the procuring entity or approving authority or of a beneficiary of the funds during the procurement or the execution of that contract, without the procuring entity or approving authority having taken timely and appropriate action satisfactory to the Government of Kenya to remedy the situation
e) The Director-General may, on the advice of the Advisory Board, debar a person from participating in procurement proceedings on the ground that the person has committed an offence under the Public procurement and Disposal Act, 2005, or any other Act, or on other grounds as specified in Section 115 of the Act. A debarment shall be for a period of time of not less than five years. Before a person is so debarred, he/she will be given an opportunity to make representations to the Director-General and may request the Review Board to review the debarment.
42.2 The Government of Kenya reserves the right, where a firm has been found by a foreign country, international organization or other foreign organization to have engaged in corrupt or fraudulent practice, to declare that such a firm is ineligible, for a specified period to be awarded a public financed Contract in Kenya.
42.3 Any communications between the Tenderer and the Procuring Entity related to matters of alleged fraud or corruption must be made in writing.
G. Review of Procurement Decisions
43. Right to Review 43.1 A Tenderer who claims to have suffered or to risk suffering, loss or damage or injury as a result of breach of a duty imposed on a Procuring Entity or an approving authority by the Public Procurement and Disposal Act 2005 or regulations, the procurement proceedings or processes, may seek administrative review as prescribed by the Act. The following matters, however, shall not be subject to the administrative review: The choice of procurement method; A decision by the procuring entity to reject all tenders, proposals or quotations; Where a contract is signed in accordance to section 68 of the Public Procurement and Disposal Act,2005; and Where an appeal is frivolous.
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44. Time Limit on 44.1 The Tenderer shall submit an application for review in the Review number of copies and pay fees as prescribed by regulations within fourteen (14) days of the occurrence of the breach complained of where the request is made before the making of an award or within fourteen (14) days of the notification under sections 67 or 87 of the Act 45. Submission of 45.1 Any application for administrative review shall be submitted Applications for in writing to the Secretary, Public Procurement Administrative Review by the Review Board on Form RB 1 (which may be downloaded Public from the PPOA website) at the address shown in the Tender Procurement Data Sheet. The secretary to the review board shall Administrative immediately after filing of the request under Regulation 73, Review Board serve a copy thereof on the procuring entity or Director- General as the case may be. 45.2 The application for administrative review shall be in accordance with the requirements of Regulation 73 of the Public Procurement and Disposals Regulations,2006, including: a) Reasons for the complaint ,including any alleged breach of the Act or Regulations; b) An explanation of how the provisions of the Act, Regulation or provision has been breached or omitted, including the dates and name of the responsible public officer, where known; c) Statements or other evidence supporting the complaint where available as the applicant considers necessary in support of its request; d) Remedies sought; and e) Any other information relevant to the complaint.
46. Decision by the 46.1 The Administrative Review Board shall within thirty days Public Procurement after receipt of a application for administrative review deliver Administrative a written decision which shall indicate: Review Board a) Whether the application is upheld in whole, in part or rejected; b) The reasons for its decision; c) The corrective measures to be undertaken; and d) Order payment of costs as between parties to review.
46.2 The decision of the Administrative Review Board shall be final unless the Tenderer institutes an appeal with High Court under section 100(1) of the Act
47. Judicial Review 47.1 The Tenderer not satisfied with the decision of the Public Procurement Administrative Review Board may appeal to the High Court within fourteen days after the decision is made and the decision of the High Court will be final.
47.2 The Secretary to the Administrative Review Board may be contacted at the address shown in the Tender Data Sheet.
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SECTION III: TENDER DATA SHEET
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Tender Data Sheet
The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Tenderers (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in ITT.
TDS ITT Amendments of, and Supplements to, Clauses in the Clause Clause Instruction to Tenderers Number Number A. Introduction
1. 1.1 Name of Procuring Entity: The Kenya Ports Authority (KPA).
The subject of procurement is: Design, Manufacture, Supply and Commissioning of One (1) New Tug Boat 2. 1.2 Period for supply of goods: as per contract Expected commencement date for supply of Goods: as per contract Required completion date for supply of the Goods: as per contract
3. 2.1 & 2.2 Financial year for the operations of the Procuring Entity: 2016/17 Name and identification number of the Contract: KPA/050/2016-17/ME - Design, Manufacture, Supply and Commissioning of One (1) New Tug Boat 4. 3.1 Tender is open to Tug Boats manufacturers Only Joint Venture/consortium is not applicable. 5. 4.1 Ineligible country(s) is or are [Clause not applicable] 6. 4.6 N/A 13.3 7 6 Alternative Tenders to the requirements of the Tender documents ["will not,'] be permitted with respect to technical specifications documents with material deviations from the specifications shall be rejected B. Tender documents
8. 8.2 The number of copies of the Tender to be completed and returned in 20.1 addition to the original shall be [two -2]. 9. 9.1 The address for clarification of Tender documents is The Head of Procurement & Supplies, Kenya Ports Authority, P.O. Box 95246 -80104 Mombasa KENYA Phone: +254 (41) 2113600/ 2113999 Email: [email protected] 10. 9.2 Period to respond to request for clarification (3 days)
Period prior to deadline for submission of Tenders for the Tenderers to request clarifications (7days)
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C. Preparation of Tenders
11. 11.1 The Language of all correspondence and documents related to the Tender is: English 12. 12.1 (g) In addition to the documents stated in ITT Clause 12, the following documents must be included with the Tender and submitted as prescribed below;
The tender prepared by the tenderers shall comprise of a Technical submission “Envelope A” and a financial submission “Envelope B”. Envelope A – Shall contain NO indication of the tender price or other financial information of the bid.
The tender submission shall be placed in an inner envelope that shall itself contain two envelopes, Envelopes A and B. Envelope A shall contain the technical submission and shall be clearly marked “Envelope A – Technical Submission”. Envelope B shall contain the Financial submission.
The inner envelopes shall also indicate the name and address of the tenderer to enable return of unopened tenders in case it is declared “late”.
Only tenders that are responsive to the mandatory requirements and have attained the pass mark in the technical evaluation shall have their financial submission opened.
After the deadline for submission of tenders, only technical submission will be opened on the date of tender opening.
The tender submission;
1. Shall have a table contents page clearly indicating Sections and Page Numbers (Mandatory). 2. Shall have pages in the whole document numbered in the correct sequence. In addition the whole submission shall be serialized numerically including all appendixes and attachments (Mandatory). 3. Shall be firmly bound and should not have any lose pages (Mandatory). 4. Shall be signed (where signatures are required) by a duly authorized representative as evidenced by a Power of Attorney (Mandatory).
Envelope A shall contain the following components:
i. Qualification Information Statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring Entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods under this Invitation for tenders (MANDATORY).
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ii. Particulars of Tendering Company including the Company background, profile and Statutory registration certificates (incorporation certificate and evidence of tax compliance from the country of domicile) (MANDATORY).
iii. Tender Security as described in the format provided herein. amounting to US$ 150,000.00 in the form of a Banker’s guarantee valid for 120 days from the date of tender opening in the format provided in the tender document (MANDATORY).
iv. Valid quality certificate for the manufacturing company stating clearly that their systems are certified for design, manufacture and supply of i.e. ISO certification or equivalent (MANDATORY).
v. Valid Environmental Management System ISO 14001:2004 or equivalent for the manufacturing company (MANDATORY).
vi. Duly filled and signed Confidential Business Questionnaire Form provided herein (MANDATORY).
vii. Duly filled and signed Declaration Form in the format provided herein (MANDATORY).
viii. Duly filled and signed Anti-Corruption Declaration Form in the Format provided herein (MANDATORY).
ix. Duration of Warranty (defects liability) period clearly stated as 24 months and the manufacturer’s detailed Defects Liability Period Support Plan. This must cover warranty obligations of the manufacturers and customer and clearly set conditions under which warranty claim is valid or void. (MANDATORY).
x. Defects liability period support plan (NOTE: The manufacturer’s engineer shall be availed on site within 72 hours of notification in case of a defect / breakdown) (MANDATORY).
xi. List complete with Built Yard Numbers of at least ten(10) Tug Boats – of similar design to the specified vessel in this tender built and supplied by the tenderer in the last 15 years including detailed names of purchasers, sites/ports of operations including at least five (5) different distinct foreign sites/ports from the country of building. (MANDATORY).
xii. A written undertaking: a. of ability to supply spares for at least 15 years after taking over and also to be capable of upgrading the supplied software and hardware proposed in the tender (MANDATORY). b. to supply the Equipment accompanied by a computer based Maintenance Program(e.g. SAP, AMOS e.t.c) and engine diagnostic software for execution of maintenance schedules, should the tenderer be awarded the contract TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 45 of 185 SECTION III: TENDER DATA SHEET 46
(MANDATORY). c. to supply the Equipment accompanied by all necessary manuals in soft and hard copies from the original manufacturer of each major component where the hard copies to be of good quality, plastic covered, and in the English language as will be required to operate and maintain the Equipment and in five (5) copies for each of the following categories: - Main Engines Operation Manual & Auxilliary /other ancilliary Equipment operation manuals (MANDATORY)
- Main Engines Service/Maintenance Manual & Auxiliary / Other Ancillary Equipment Service/Maintenance manuals (MANDATORY)
- Main Engines Parts lists & Auxiliary / Other Ancillary equipment Part lists. The soft copy and its back up of the parts manual shall contain explodable and collapsible views of components, subcomponents down to individual parts using navigational tool (MANDATORY).
d. that the Shipbuilder shall ensure the Factory Acceptance and Test (FAT) for the Main Engines is carried out at the factory before shipping for installation. The Shipbuilder shall carter for One engineer to travel for this exercise (MANDATORY). e. Tug to be of Robert Allan Design or from a reknown Ships designer with proven record of designs. Evidence to be produced to confirm this requirement (MANDATORY). f. to supply the Equipment accompanied by a soft copy and 1 back up copy of a parts manual containing explodable and collapsible views of the components, subcomponents down to the individual parts using navigation tool (MANDATORY) g. that, in the case of a tenderer not doing business within Kenya, the tenderer is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderer’s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications (MANDATORY).
xiii. Major Component Manufacturer Documentation Form. This should list the major components to be installed on the vessel and their manufacturers’ details to include name, address & location, contacts and name of the contact person where applicable (MANDATORY).
xiv. Recommended list of Spares to be supplied with the Equipment for one year's preventive maintenance consumption after the 24 months Defect Liability period (MANDATORY).
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xv. A complete set of Certified Audited Accounts for the last three years i.e. 2013, 2014 and 2015 (MANDATORY).
xvi. Tenderer’s Technical specifications and drawings of the vessel. This should be in form of a clause-by-clause commentary on the Procuring Entity’s Technical Specifications demonstrating substantial responsiveness of the Equipment to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications. Tenderer’s Technical Specifications shall not be a reproduction of the Procuring Entity’s specifications. ( refer to clause 13 of the ITB) (MANDATORY).
xvii. The tenderer shall provide evidence of being a shipyard with in- house design, research and development. Written proof to be provided that the vessel in this tender is designed by the tenderer and built on the shipyard fully owned by the tenderer. The Ship Designer should be identified in the submission (MANDATORY).
xviii. A Written Undertaking that on Delivery of this Tug Boat the tenderer shall provide results as proof that FEM analyses, vibration and noise predictions as well as bollard pull prognosis will have been carried out for this vessel and the parameters are within the allowable limits(MANDATORY).
xix. The tenderer shall provide written proof that they have an in- house after sales organization in place. (MANDATORY).
xx. Work plan for design, building, shipping, delivery, testing and commissioning in descriptive Gantt chart format. The detailed program must demonstrate a completion period of 14 to 18 Months upon confirmation of order. Detailed Timetable of works (Gantt Chart / Ms Project Presentation showing the delivery period of 18 months or less, including milestone visits to the Shipyard during Construction, including the specialized trainings listed as; Pneumatics, Propulsion, Hydraulics, Monitoring & Controlling Electronics modules, Tug maneuverability, instrumentations, etc. (Familiarization and Specialized) as required. All milestone visits should be included and the Factory Acceptance Test to be clearly shown. Timelines and details of major components installations in the Vessel must be included in the chart (MANDATORY).
xxi. Schedule of deviations from specifications, if any. The schedule of deviations should be accompanied by a commentary of how they enhance the vessel operational efficiency, cost effectiveness, maintainability, durability, environmental and economic advantages.
xxii. Major Component List, equipment, Brochures and catalogues of all major components to be installed onboard including the Make, Model and Manufacturer. Not less than 15 major components onboard the vessel for both Engine room and Bridge & Deck Equipment (MANDATORY). TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 47 of 185 SECTION III: TENDER DATA SHEET 48
xxiii. Details of Training courses/proposal on the vessel and equipment for operators and maintenance staff for both local and overseas training six (6) operators and seven (7) engineers / technicians to undergo familiarization. (MANDATORY).
xxiv. Details of specialized training for Pneumatics, Hydraulics, Propulsion system, Prime Mover, Winch servicing, Electronics Monitoring & controlling system, Power systems onboard-as built, Bridge Instrumentation, Air conditioning, Controls & maneuverability by the Harbor Tug Operators, etc for seven Technicians & Tug Operators. (MANDATORY).
xxv. List of non-technical documents accompanying the tender, if any.
xxvi. Any other item and information which the Tenderer considers may support his technical proposal.
Envelope B – FINANCIAL PROPOSAL shall contain:
i. Form of Tender.
ii. Schedule of Prices (corresponding to the schedule of Requirements), with separate details indicating a breakdown of the cost of the tug boat, cost of ancillary equipment, cost of spares listed in the tender document, and the Cost of Overseas and Local Training, cost of special tools, cost of specialized Training for six (6) technicians and one senior engineer, five operators and one senior Pilot cost of AMOS & Diagnostic Software, etc. all of which comprise the Form of Tender Price.
iii. Cost of recommended Running spare-parts to be used for one year’s preventive maintenance after warranty period with expected lifecycle of the tug as 15yrs.
iv. Cost of deviations
Envelope B shall contain the financial submission and shall be clearly marked “Envelope B – Financial Submission”. Envelope B shall also indicate the name and address of the tenderer to enable return of unopened financial submissions in case they do not qualify past the technical evaluation stage.
13. 13.3 (c) The information required from Tenderers in ITT Clause 13.3 is modified as follows: none
14. 13.4 Spare parts required for 2 of years of operation.
15. 14.3 (b) The qualification criteria required from Tenderers in ITT Clause 14.3(b) is modified as follows: NONE The total monetary value of good(s) supplied for each of the last three years should be indicated
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16. 14.3 (d) Clause deleted
17. 16.6 (a) The price quoted shall be CIF MOMBASA.
(iii), (iv) N/a clauses deleted (optional) 18. 16.6 (b) The price quoted shall be CIF MOMBASA
(i) N/a clause deleted
(ii), (iii) Price for local training and commissioning should be inclusive of all (optiona) applicable taxes (iv), (v) (optional 19. 16.8 The price shall be fixed
20. 17.1 a) For goods and related services originating in Kenya the currency of the Tender shall be Kenya Shillings or USD; b) For goods and related services originating outside of Kenya , the Tenderer shall express its Tender in United States Dollars USD
21. 17.2 For the purpose of evaluation only, the rate of exchange to be used will be those established by the Central Bank of Kenya prevailing on [ date of Tender opening] 22. 18.1 The Tender validity period shall be [90] days.
23. 19.1 The amount of Tender security is United States Dollars One Hundred & Fifty Thousand (USD 150,000) in the form of a Bank guarantee in the format provided in the tender document and shall be valid for 120 days. 24. 20.2 Written confirmation of authorization are : Duly signed Power of Attorney
D. Submission of Tenders
25. 21.2 (a) Tender shall be submitted to: THE HEAD OF PROCUREMENT & SUPPLIES KENYA PORTS AUTHORITY 4TH FLOOR FINANCE BLOCK III ROOM (3.4.3) KPA KIPEVU HEADQUARTERS KILINDINI MOMBASA
Alternatively, completed tenders may be deposited at Tender Box No.7 located at the BUS TERMINUS, PEDESTRIAN GATE NO. 8, KILINDINI, (DOCKS) MOMBASA BEFORE 1000 HOURS (EAT) ON TUESDAY 22ND NOVEMBER, 2016.
26. 21.2 (b) Tender name: Design, Manufacture, Supply and Commissioning of One (1) New Tug Boat ITT title and number : KPA/050/2016-17/ME 27. 22.1 The deadline for Tender submission is on TUESDAY 22ND NOVEMBER, 2016 BEFORE 1000 HOURS (EAT)
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28. 22.3 Extension of the deadline for submission of Tenders shall not be made later than 7 Days before date of tender opening
E. Opening and Evaluation of Tenders
29. 25.1 The Tender opening shall take place at: Procurement Conference Room located at the New Service Area (Kapenguria), in the former Supplies Accounts office Kipevu, Kenya Ports Authority, Mombasa TUESDAY 22ND NOVEMBER, 2016 FROM 1030 HOURS (EAT) 30 29. Technical proposals shall be subjected to the following evaluation Technical criteria: Evaluation Item Factor under Consideration Marks
1. Adherence to Design Manufacturing, Building and 60 Delivery Conditions Adherence to Technical Specifications (50Marks) NB: only tenderers whose products meet at least 90% of this factor (i.e. 45 out of 50 Marks) shall proceed to be evaluated below.
Detailed Timetable of works (Gantt Chart / Ms Project Presentation showing the delivery period of 18 months or less, including milestone visits to the Shipyard during Construction, including the trainings (Familiarization and Specialized) as required in Clause 6.1.7 & 6.1.8 (5 marks) Details of major components of the Tug Boat as listed with the Manufacturers and their contact addresses with brochures (5 marks) On Site Programme & After Sales Support Plan 2. Testing & Commissioning plan and Timetable 10 of Tug Boat (3 marks) Local Agent(s)’ Physical Addresses & Workshop or how they intend to handle the after sale processes and assistance (2 marks) Adequacy of defects liability plan, 2 year warranty and the processing of warranty requests (2 marks) After sale detail support plan after defect liability period clearly narrating the sequence of events on receiving call on a defect (3 marks) 3. Tenderer’s experience 10 List of similar new tug boat sales and provide details of at least 10 tug boats built and supplied in the past 15 years i.e. Built Yard No., dates, addresses of sales sites, names and addresses of contact persons (5 marks)
4. Training 5 Detailed local and overseas training TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 50 of 185 SECTION III: TENDER DATA SHEET 51
activities for the Tug Boat, Operators and maintenance staff on systems. Considering requirements as detailed in Clause 6.1.7 & 6.1.8 clearly indicating the arrangements and which OEM shall provide specialized training (2 marks) Details Operators training on controls and procedures as part of familiarization program of the Tug in the shipyard region (1 mark) On-site training as part of familiarization program at Port of Mombasa (1 mark) Time table of training activities (1 mark) 5. Documentation & Tool Box 5 Quality of sample manuals for parts, service and operation provided for the Tug Boat (1 mark) Engine parts and service manual provided (1 mark) CD-ROM presentations (1 mark) Completeness of proposed list of tools for maintenance and troubleshooting to be supplied with the Tug Boat (2 marks) 6. Financial Strength of the Tenderer: 10 Tenderer’s financial position and operational performance from the analysis of Certified Audited Accounts 2013, 2014 and 2015 specifically annual turnover of > USD 100 Million (3 Marks) Current ratio shall be > 2 for each of the three years (3 Marks) [<2 1 mark] Gearing ratio shall be < 50% for each of the three years (2 Marks) [>50% 1 mark] Return on Total Assets ratio shall be > 5% for each of the three years (2 Marks) TOTAL 100
Bidders will be required to score a minimum of 80% to proceed to the next stage of evaluation
In determining satisfaction as to whether the bidder whose technical submission has been scored above the required pass mark of 80%, the Procuring Entity reserves the right to conduct site visits to the reference sites and manufacturing plant of the recommended bidder in the financial evaluation prior to contract award/signing so as to establish whether the information provided in the technical submission is accurate.
For this Tender, there shall be mandatory site visits by the Committee before opening of envelope B. The Evaluation Criteria shall be based on: Quality of workmanship Reliability of the Tug Boat Availability of spare parts Durability of the Tug Boat Cost of Maintenance
The Bidder(s) whose site(s) is/are visited MUST score a minimum of 17
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out of 20 points of the site visit criteria so as to be considered for contract award.
30. 30.4 The currency that shall be used for Tender evaluation and comparison purposes to convert all Tender prices expressed in various currencies is Kenya Shillings The source of exchange rate shall be Central Bank of Kenya The date of exchange rate shall be Selling rate on date of tender opening
31. 30.8 Criteria for Tender evaluation – Financial. Lowest evaluated bid
32. 30.9 (a) clause deleted INCOTERMS is CIF Mombasa
33. 30.9 (b) Delivery schedule. Delivery in excess of 18 months shall be declared non-responsive
34. 30.9 (c) Deviation in payment schedule [insert “is” applicable]. (ii) Annual interest rate [Central Bank of Kenya lending rate]
35. 30.9 (d) Cost of spare parts. Refer to the Appendix to the Technical Specifications, for list of applicable spares.] 36. 30.9(e) Spare parts and after sales service facilities in the Kenya. Refer to the Appendix to the Technical Specifications, for list of applicable spares. Local agents should demonstrate capacity e.g. by similar contract handled
37. 30.9 (f) N/a clause deleted 38. 30.9 (g) Performance and productivity of equipment. clause deleted
39. 30.9 (h) Details of other factors to be used in the evaluation and their evaluation method: refer to the Technical Specifications.
40. 30.10 clause deleted 41. 31.3 National/other preference not applicable. 42. 32.1 Post- qualification will “be undertaken where deemed appropriate ” F. Contract Award
43. 35.1 The Authority may change the quantities as deemed fit percentage not applicable.
KPA reserves the right to award the additional Tugboat to the winning tenderer in this tender at the same price and negotiate the delivery terms.
44. 39.1 The Performance Security shall be 10 percent of the Contract Price in the format provided
45. 40.1 The Advance Payment shall be limited to 20% of the Contract Price
46. 40.2 Maximum amount of Advance payment shall be [as 40.1 above ]
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47. 41.1 clause deleted refer to conditions of contract
G. Review of Procurement Decisions
48. 45.1 The address of PPOA for submitting complaints: Director General, Public Procurement Oversight Authority (PPOA) 11th Floor National Bank Building, Harambee Avenue , P.O. Box 58535-00200 NAIROBI, Kenya. Tel: +254 (0) 20 324 4000 Fax: 2121238 email: [email protected] 49. 44 Fee for administrative review shall be as set out in Part II of the Fourth Schedule of the PPDR 2006.
50. 47.2 The address for submitting appeals to Administrative Review Board : The Secretary, Public Procurement Administrative Review Board , The Public Procurement Oversight Authority, 10th Floor ,National Bank House P.O. Box 58535-00200, NAIROBI, Kenya. Tel: +254 (0) 20 324 4000 Email: [email protected] Website: www.ppoa.go.ke
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SECTION IV: GENERAL CONDITIONS OF CONTRACT
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Table of Clauses
SECTION IV:...... GENERAL CONDITIONS OF CONTRACT 54 1. Definitions...... 56 2. Application...... 57 3. Governing Language...... 57 4. Applicable Law...... 57 5. Country of Origin and Nationality of Supplier...... 57 6. Standards...... 58 7. Use of Contract Documents and Information; Inspection and Audit by the Government of Kenya...... 58 8. Patent and Copy Rights...... 58 9. Performance Security...... 58 10. Inspections and Test...... 59 11. Packing...... 59 12. Delivery and Documents...... 60 13. Incidental Services...... 60 14. Spare Parts...... 60 15. Warranty...... 61 16. Payment...... 61 17. Prices...... 62 18. Change Orders...... 62 19. Contract Amendments...... 63 20. Assignment...... 63 21. Subcontracts...... 63 22. Delays in the Supplier’s Performance...... 63 23. Liquidated Damages...... 63 24. Termination for Default...... 63 25. Termination for Insolvency...... 64 26. Force Majeure...... 64 27. Disputes...... 65 28. Procedure for Disputes...... 65 29. Replacement of Adjudicator...... 65 30. Limitation of Liability...... 65 31. Notices...... 66 32. Taxes and Duties...... 66
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General Conditions of Contract
1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:
a) “CDS” means the Contract data sheet.
b) “ Completion” means the fulfilment of the related services by the Supplier in accordance with the terms and conditions set forth in the contract
c) “Contract” means the agreement entered into between the Procuring Entity and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
d) “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution and includes, inter alia, bribery and extortion or coercion which involves threats of injury to person, property or reputation.
e) “Day” means calendar day.
f) “ Delivery” means the transfer of the goods from the supplier of equipment, machinery, and /or other materials which the Supplier is required to supply to the Procuring Entity under Contract.
g) “ Effective Date” means the date on which this Contract becomes effective pursuant to GCC Clause
h) “ Eligible Country" means the countries and territories eligible for participation in procurements financed by the specified institution.
i) “End User” means the organization(s) where the goods will be used, as named in the CDS.
j) “Force Majeure” means an event or situation beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable, is unavoidable, and is not due to negligence or lack of care on the part of the Supplier. Such events may include, but are not restricted to, acts of the Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine, restrictions, acts of terrorism piracy and freight embargoes.
k) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Purchaser, and includes collusive practices among Tenderers (prior to or after Tender submission)
l) “GCC” means the General Conditions of Contract contained in this section.
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produced or from which the Services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially recognized new produce results that is substantially different in basic characteristics or in purpose or utility from its components.
n) “ Procuring Entity” means the entity purchasing the Goods and related service, as named in CDS.
o) “Project Site” where applicable, means the place or places named in CDS.
p) “Related Services” means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, initial maintenance and other such obligations of the Supplier covered under the Contract.
q) “ Supplier” means the individual, private or public entity or a combination of the above whose Tender to perform the contract has been accepted by the Procuring Entity Procuring Entity and is named as such in the Contract Agreement, and includes the legal successors or permitted assigns of the supplier.
r) “ The Contract Price” means the price payable to the Supplier as specified under the Contract, subject to such additions and adjustment here to or deduction there from as may be made pursuant to the contract for the full and proper performance of its contractual obligations.
2. Application 2.1 These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract.
3. Governing 3.1 The Contract and all correspondence and documents relating to the Language contract exchanged by the Supplier and the Procuring Entity shall be written in English, unless another language is specified in CDS. Subject to GCC Clause 3.1, the version of the Contract written in the specified language shall govern its interpretation.
4. Applicable 4.1 The contract shall be governed and interpreted in accordance with the Law laws of Kenya, unless otherwise specified in CDS.
5. Country of 5.1 The origin of Goods and Services means the place where the goods are Origin and mined, grown, cultivated, produced, manufactured, or processed, or Nationality of through manufacture, process, or assembly, another commercially Supplier recognized article results that differs substantially in its basic characteristics from its imported components or the place from which the related services are supplied.
The nationality of the firm that produces, assembles, distributes, or sells the goods and services shall not determine their origin.
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6. Standards 6.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standards appropriate to Kenya. Such standards shall be the latest issued by the concerned institution.
7. Use of 7.1 The Supplier shall not, without the Procuring Entity ’s prior written Contract consent, disclose the Contract, or any provision thereof, or any Documents specification, plan, drawing, pattern, sample, or information furnished by and or on behalf of the Procuring Entity in connection therewith, to any person Information; other than a person employed by the Supplier in the performance of the Inspection and Contract. Disclosure to any such employed person shall be made in Audit by the confidence and shall extend only so far as may be necessary for purposes Government of of such performance. Kenya 7.2 The Supplier shall not, without the Procuring Entity ’s prior written consent, make use of any document or information enumerated in GCC Clause 7.1 except for purposes of performing the Contract.
7.3 Any document, other than the Contract itself, enumerated in GCC Clause 7.1 shall remain the property of the Procuring Entity and shall be returned (all copies) to the Procuring Entity on completion of the Supplier’s performance under the Contract if so required by the Procuring Entity .
7.4 The Supplier shall permit the Government of Kenya or / and donor agencies involved in financing the project to inspect the Supplier’s accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Government of Kenya or / and the appropriate donor agencies, if so required by the Government of Kenya or / and the appropriate donor agencies.
8. Patent and 8.1 The Supplier shall indemnify the Procuring Entity against all third-party Copy Rights claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in Kenya.
8.2 The patent right in all drawings, documents, and other materials containing data and information furnished to the Procuring Entity by the Supplier herein shall remain vested in the supplier, or, if they are furnished to the Procuring Entity directly, or through the Supplier by any third party, including suppliers of materials, the patent right in such materials shall remain vested in such third party.
9. Performance 9.1 Within twenty-one (21) days of receipt of the notification of Contract Security award, the successful Tenderer shall furnish to the Procuring Entity the performance security in the amount specified in CDS.
9.2 The proceeds of the performance security shall be payable to the Procuring Entity as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.
9.3 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Procuring Entity and shall be in one of the following forms:
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c) an insurance bond issued by a reputable insurance company approved by PPOA in the form provided in the Tender documents or another form acceptable to the Procuring Entity ; or
d) A banker’s or certified cheque.
9.4 The performance security will be discharged by the Procuring Entity and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless otherwise specified in CDS.
10. Inspections 10.1 The Procuring Entity or its representative shall have the right to inspect and Test and /or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity . CDS and the Technical Specifications shall specify what inspections and tests shall be carried out. The Procuring Entity shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes.
10.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity .
10.3 Should any inspected or tested Goods fail to conform to the Specifications, the Procuring Entity may reject the Goods, and the Supplier shall replace the rejected Goods to meet specification requirements free of cost to the Procuring Entity .
10.4 The Procuring Entity ’s right to inspect, test and, where necessary, reject Goods after the Goods’ arrival in the Procuring Entity ’s country shall in no way be limited by reason of the Goods having previously been inspected, tested, and passed by the Procuring Entity or its representative prior to the Goods’ shipment from the country of origin.
10.5 Nothing in GCC Clause 10 shall in any way release the supplier from any warranty or other obligations under this Contract.
11. Packing 11.1 The supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods final destination and the absence of heavy handling facilities at all points in transit.
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11.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in CDS, and in any subsequent instructions ordered by the Procuring Entity .
12. Delivery and 12.1 Delivery of the Goods shall be made by the Supplier in accordance with Documents the terms specified in the Schedule of Requirements. The details of insurance and transportation shall be as provided by the INCOTERM DDP or such other INCOTERM and / or other documents to be furnished by the Supplier as are specified in CDS.
12.2 For purposes of the Contract, “DDP", “CIP”, “CIF”, “FCA”, “FOB”, “EXW” and other trade terms used to describe the obligations of the parties shall have the meanings assigned to them by the current edition of INCOTERMS published by the International Chamber of Commerce, Paris.
12.3 Documents to be submitted by the Supplier are specified in CDS.
13. Incidental 13.1 The Supplier may be required to provide any or all of the following Services services, including additional services, if any, specified in CDS:
a) Performance or supervision of on-site assembly and/or start-up of the supplied Goods;
b) Furnishing of tools required for assembly and/or maintenance of the supplied Goods;
c ) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;
d) Performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and
e) Training of the Procuring Entity ’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.
14. Spare Parts 14.1 Supplier shall carry sufficient inventories to assure ex-stock supply of consumable spares for the Goods. Other spare parts and components shall be supplied as promptly as possible and in any event within the period specified in the CDS.
a) Such spare parts as the Procuring Entity may select to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under the Contract; and
b) In the event of termination of production of the spare parts:
a) Advance notification to the Procuring Entity of the pending termination, in sufficient time to permit the Procuring Entity to procure needed requirements; and TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 60 of 185 SECTION III: TENDER DATA SHEET 61
b) Following such termination, furnishing at no cost to the Procuring Entity, the blueprints, drawings, and specifications of the spare parts, if requested.
15. Warranty 15.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the Procuring Entity , specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the conditions prevailing in the Republic of Kenya.
15.2 This warranty shall remain valid for a period specified in the CDS after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract, or for a period specified in the CDS after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in CDS.
15.3 The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the Supplier shall, within the period specified in CDS and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the Procuring Entity other than, where applicable, the cost of inland delivery of the repaired or replaced Goods or parts from EXW or the port or place of entry to entry to the final destination.
15.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in CDS, the Procuring Entity may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract.
16. Payment 16.1 The method and conditions of payment to be made to the Supplier under this Contract shall be specified in CDS.
16.2 The Supplier’s request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed, and by documents submitted pursuant to GCC Clause 12, and upon fulfilment of other obligations stipulated in the Contract.
16.3 After delivery and acceptance of the Goods, payments shall be made promptly by the Procuring Entity , within thirty (30) days after submission of a valid invoice or claim by the Supplier, or such other period as specified in the CDS.
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16.4 If the Procuring Entity makes a late payment, the Supplier shall be paid interest on the late payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the rate as specified in the CDS. 16.5 The currency or currencies in which payment is made to the Supplier under this Contract shall be specified in CDS subject to the following general principle: payment will be made in the currency or currencies in which the payment has been requested in the Supplier’s Tender.
16.6 All payments shall be made in the currency or currencies specified in the CDS pursuant to GCC Clause 18.4
17. Prices 17.1 The contract price shall be as specified in the Contract Agreement subject to any additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.
17.2 Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its Tender, with the exception of any price adjustments authorized in the CDS.
18. Change 18.1 If the Procuring Entity at any time wishes to make changes within the Orders general scope of the Contract to any one or more of the following, by a written order given to the Supplier pursuant to GCC Clause 21: a) Drawings, designs, or specifications, where Specialized Goods to be furnished under the Contract are to be specifically manufactured for the Procuring Entity ; b) The method of shipment or packing; c) The place of delivery; and/or d) the Services to be provided by the Supplier, he may request the Supplier to provide a quotation on the effect of the change on the time and the cost of the contract.
18.2 Any quotation for additional cost or time by the Supplier for adjustment under this clause must be presented within thirty (30) days from the date of the Supplier’s receipt of the Procuring Entity ’s request for change order.
18.3 Prices to be charged by the supplier for any related services that might be needed but which were not included in the Contract shall be agreed upon in advance by the Parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.
18.4 If the Procuring Entity accepts the Supplier’s quotation he will issue a formal Change Order in writing. The Supplier will not be eligible to claim reimbursement for any change to the contract unless he is in receipt of such formal written instruction.
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18.5 All variations must collectively not exceed 10% of the original contract quantity for goods and/or incidental services. Any price variation must be based on the consumer price index or the Central Bank of Kenya inflation rate.
19. Contract 19.1 Subject to GCC Clause 20, no variation in or modification of the terms of Amendments the Contract shall be made except by written amendment signed by the parties.
20. Assignment 20.1 Neither the Procuring Entity nor the Supplier shall assign, in whole or in part, obligations under this Contract, except with the prior written consent of the other party.
21. Subcontracts 21.1 The Supplier shall notify the Procuring Entity in writing of all subcontracts awarded under this contract if not already specified in the Tender. Such notification, in the original Tender or later, shall not relieve the Supplier from any liability or obligation under the contract.
21.2 Subcontracts must comply with the provision of GCC Clause 5.
22. Delays in the 22.1 Delivery of the Goods and performance of Services shall be made by the Supplier’s Supplier in accordance with the time schedule prescribed by the Performance Procuring Entity in the Schedule of Requirements.
22.2 If at any time during performance of the Contract, the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice, the Procuring Entity shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract. 22.3 Except as provided under GCC Clause 27, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 25, unless an extension of time is agreed upon pursuant to GCC Clause 24.2 without the application of liquidated damages. 23. Liquidated 23.1 Subject to GCC Clause 27, if the Supplier fails to deliver any or all of the Damages Goods or to perform the Services within the period(s) specified in the Contract, the Procuring Entity shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in CDS of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in CDS. Once the maximum is reached, the Procuring Entity may consider termination of the Contract pursuant to GCC Clause 26. 24. Termination 24.1 The Procuring Entity or the Supplier, without prejudice to any other for Default remedy for breach of Contract, by written notice of default sent to the concerned party may terminate the Contract if the other party causes a fundamental breach of the Contract.
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24.2 Fundamental breaches of Contract shall include, but shall not be limited to the following:
a) The Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the Procuring Entity pursuant to GCC Clause 24; or b) The Supplier fails to perform any other obligation(s) under the Contract; c) The supplier has abandoned or repudiated the contract. d) The Procuring Entity or the Supplier is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;
e) A payment is not paid by the Procuring Entity to the Supplier within 0 days of the due date for payment;
f) The Procuring Entity gives Notice that goods delivered with a defect is a fundamental breach of Contract and the Supplier fails to correct it within a reasonable period of time determined by the Procuring Entity ; and g) The supplier, in the judgment of the Procuring Entity, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. 24.3 In the event the Procuring Entity terminates the Contract in whole or in part, pursuant to GCC Clause 26.1, the Procuring Entity may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Procuring Entity for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.
24.4 If the Procuring Entity terminates the Contract pursuant to GCC Clause 26.2 (g) above the amount of Liquidated Damages specified in the Contract Data Sheet shall immediately become due from the Supplier to the Procuring Entity .
25. Termination 25.1 The Procuring Entity may at any time terminate the Contract by giving for written notice to the Supplier if the Supplier becomes bankrupt or Insolvency otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity .
26. Force 26.1 Notwithstanding the provisions of GCC Clauses 24, 25, and 26, the Majeure Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
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26.2 If a Force Majeure situation arises, the Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
27. Disputes 27.1 If any dispute or difference of any kind whatsoever shall arise between the Procuring Entity and the Supplier in connection with or arising out of the Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If after thirty days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Procuring Entity or the Supplier may give notice for adjudication.
27.3 If either party believes that a decision taken by the other was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the decision.
28. Procedure 28.1 The Adjudicator stated in the CDS shall give a decision in writing within for Disputes 28 days of receipt of a notification of a dispute.
28.2 The Adjudicator shall be paid by the hour at the rate specified in the CDS, together with reimbursable expenses of the types specified in the CDS, and the cost shall be divided equally between the Procuring Entity and the Supplier, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator’s decision will be final and binding.
28.3 The arbitration shall be conducted in accordance with the arbitration procedure published by the institution named and in the place shown in the CDS.
29. Replacement 29.1 Should the Adjudicator resign or become incapacitated, or should the of Procuring Entity and the Supplier agree that the Adjudicator is not Adjudicator functioning in accordance with the provisions of the Contract a new Adjudicator will be jointly appointed by the Procuring Entity and the Supplier. In case of disagreement between the Procuring Entity and the Supplier, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the CDS at the request of either party, within 14 days of receipt of such request.
30. Limitation of 30.1 Except in cases of criminal negligence or wilful conduct, and in the case Liability of infringement pursuant to GCC Clause 8,
a) The supplier shall not be liable to the Procuring Entity , whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Procuring Entity ; and
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b) The aggregate liability of the Supplier to the Procuring Entity , whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment or to any obligation of the Supplier to indemnify the Procuring Entity with respect to patent infringement..
31. Notices 31.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by facsimile or e-mail and confirmed in writing or by facsimile or e-mail to the other party’s address specified in CDS. The term “in writing” means communicated in written form with proof of receipt.
31.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
32. Taxes and 32.1 The Supplier shall be entirely responsible for all taxes, stamp duties, Duties license fees, and other such levies imposed inside and outside the Republic of Kenya.
32.2 If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in the Republic of Kenya, the Procuring Entity shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.
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SECTION V - CONTRACT DATA SHEET (SPECIFIC CONDITIONS OF CONTRACT)
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Contract Data Sheet
The following Contract Data shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The corresponding clause number of the GCC is indicated in parentheses.
CDS GCC Clause Amendments of, and Supplements to, Clauses in the General Clause Number Conditions of Contract Number
Definitions (GCC Clause 1)
1. 1.1 The Procuring Entity is: KENYA PORTS AUTHORITY P.O. BOX 95246 -80104 MOMBASA
2. 1.1(j) The Supplier is: [Name and address
3. 1.1(k) The Project is: Design, Manufacture, Supply and Commissioning of One (1) New Tug Boat
Governing Language (GCC Clause 3)
4. 3.1 The Governing Language if not English shall be: ENGLISH The language in which this Contract shall be construed and interpreted shall be English. All correspondence and communications pertaining to the Contract shall be conducted in English.
The Contract shall be deemed to be a Kenyan Contract and shall accordingly be governed by and construed according to the Laws for the time being in force in Kenya and the Kenyan Courts shall have exclusive jurisdiction to hear and determine all actions and proceedings arising out of the Contract and the Tenderer hereby submits to the jurisdiction of the Kenyan Courts for the purpose of any such actions and proceedings.
Applicable Law (GCC Clause 4)
5. 4.1 The Applicable Law shall be: Laws of the Republic of Kenya
Country of Origin (GCC Clause 5)
6. 5.1 Country of Origin is ……………………….
Use of contract document and information 7. 7 Unless otherwise stated in the Letter of Acceptance the following documents, listed in order of precedence will form part of the Contract:
The Agreement The letter of offer The Letter of Acceptance The Tender Submission Conditions of Contract Technical Specifications TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 68 of 185 SECTION III: TENDER DATA SHEET 69
Schedules of Prices, Names and Addresses of Sureties, Interim Payments, Deviations from Specification Performance guarantee
In the case of conflict between documents the terms in the document with higher precedence shall prevail.
The Contract Documents (excluding the drawings) shall be prepared by the Procuring Entity and the Tenderer will be supplied with a copy thereof free of charge. The Tenderer will then enter into an Agreement with the Procuring Entity by completing with the Procuring Entity the form annexed to the Contract Documents Performance Security (GCC Clause 9)
8. 9.1 The amount of performance security, as a percentage of the Contract Price, shall be: [ten (10) percent of the Contract Price] in the format of an unconditional guarantee in the format provided It is a requirement of this Contract that Banks issuing any form of Surety required under this Contract shall have operations in Kenya and shall be subject to the approval of the Kenya Ports Authority. Foreign Bank shall advice their guarantees through local banks approved by KPA
8. 9.4 After delivery and acceptance of the Goods, the performance security shall be discharged in [not later than 30 days following the date of completion]
Inspections and Tests (GCC Clause 10)
9. 10.1 Inspection and tests prior to shipment of Goods and at final acceptance are as follows:
Quality and quantity inspection, if applicable, shall be carried out prior to shipment of Goods by the manufacturer(s) at the supplier’s own expense and responsibility in terms of the items specified in the specifications. The supplier shall submit the inspection certificate issued by himself/herself which should be attached with the certificate(s) of the manufacturer(s) to the Procuring Entity in order to ensure that the goods are manufactured in compliance with the contract. The purchaser reserves the right to make pre-shipment inspection of the Tug Boat.
There shall be at least three mile stone visits to the Shipyard during the construction by two representatives from the Authority to ensure the specifications are complied with. This does not preclude the contracted shipyard’s classification society surveyor’s services. The Tenderer shall at his own expense carry out all tests described in the Contract Documents, or which in the opinion of the Procuring Entity, or the Procuring Entity’s Representative, may be necessary in respect of the Tug Boat, prime movers (ME), or the materials and work supplied or performed. Before the Tug Boat is handed over to the Procuring Entity the Tenderer shall make good any defects which may have developed TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 69 of 185 SECTION III: TENDER DATA SHEET 70
before, during or after testing at Site. All testing of whatever description shall be conducted at the expense and risk of the Tenderer. The Tenderer, except where indicated otherwise in this contract, shall provide all necessary personnel, utilities, fuels and equipment at his own expense for carrying out all the tests required by the Contract Documents or the Procuring Entity until the Tug Boat is accepted by the Procuring Entity. All costs incurred in complying with this Clause shall be included in the Contract Price.”
10 The Performance and Endurance testing procedures to be undertaken are as set out in the specification 10 In respect of the specified reliability and endurance testing on Site, the Procuring Entity shall make available free of charge such supplies of water and power. However the Tenderer will be expected to provide all other necessary equipment and labour to successfully complete the tests specified.
The Tug Boat and its accompanying ancillary equipment will be issued with a Taking Over Certificate.
The testing and commissioning shall be completed before the issue of the Taking Over Certificate is issued in respect of the Tug Boat its accompanying ancillary equipment.
In respect of failure to pass the Performance Tests, no reduction in the specified performance criteria will be accepted
Packing (GCC Clause 11)
10. 11.2 The Goods shall be packed properly in accordance with standard import packing specified by the Procuring Entity in the Technical Specification.
Delivery and Documents (GCC Clause 12)
11. 12.1 The Tenderer shall be deemed to have examined the Site and its surroundings and considered the need to ensure that the work will not interfere with the port operations, except in respect of areas specifically allocated to him nor with the work of other Tenderers or workmen employed by the Procuring Entity on the Site.
The Tenderer is deemed to have satisfied himself as to the nature of the existing works and buildings in the vicinity of the Site, the nature of the existing roads and waterways or other means of communication, the access to and egress from the Site, the available accommodation as regards land for temporary purposes (within or without the Site) and buildings that may be required for temporary purposes, and to have made his own enquiries as to work yard sites and such other additional areas that he may require for temporary occupation all for executing and completing the work in accordance with the Contract Documents.
The Tenderer shall be deemed to have obtained all necessary information as to the conditions of working at Mombasa Port and elsewhere and to
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have obtained all necessary information on all matters and things that may in any way influence them in making their Tender and completing the Schedules and to have satisfied themselves as to the risks, obligations and responsibilities to be undertaken in entering into the Contract.
The Tenderer is deemed to have inquired into and satisfied himself as to the sources of supply, the sufficiency of and the means of obtaining and transporting all plant, materials, labour, fuel, water, electricity and other things required for or in connection with the work and to have considered all matters as possible contingencies affecting the execution and completion of the work.
Notwithstanding certain information as indicated on the drawings and documents issued or made available to the Tenderer for guidance, the Tenderer is deemed to have made local and independent examination and inquiries as to the physical conditions prevailing at the Site and obtained his own information on all matters and things that in any way influence him when completing the Schedules.
The Procuring Entity shall assist the Tenderer in obtaining all import permits or licenses required for any part of the Plant or the Works into Kenya, but the Tenderer shall remain responsible for ensuring that all necessary permits and licenses are in place in sufficient time to meet their program for the Works. Any other expenses incurred by the Tenderer other than with respect to clearance of the equipment shall be borne by the Tenderer.
The Tenderer shall make his own arrangements entirely in respect of hiring lifting gear and other Tenderer’s Equipment he requires to manufacture, ship, install, test and commission the Works. None of the Procuring Entity’s heavy lift or other equipment operating on the Site will be available to the Tenderer.
Supplies of water and electricity will be provided by the Procuring Entity to the Tenderer upon request by the Tenderer, but at the Tenderer’s cost. The Tenderer shall therefore be deemed to have allowed within his Contract Price for the provision of all Site utilities necessary to successfully install and test the Works.
In respect of the specified reliability and endurance testing on Site, the Procuring Entity shall make available free of charge such supplies of water and power from the sources stated herein. However the Tenderer will be expected to provide all other necessary equipment and labour to successfully complete the tests specified.
The Tenderer shall assume full responsibility for the design, manufacture, construction and testing of the structure, machinery, electrical installation and all other equipment of the Tug Boat to meet in a fully satisfactory manner the requirements for quality, performance, strength and stability as described in the Specification.
The Tenderer shall carry out all design and drawing work necessary for the construction and completion of the Tug Boat in all respects and all costs connected with design and drawing work shall be included in the Contract Price. No examination by the Procuring Entity of any document TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 71 of 185 SECTION III: TENDER DATA SHEET 72
submitted by the Tenderer nor approval expressed by the Procuring Entity or Authorized Representative in regard thereto, either with or without modification, shall absolve the Tenderer from any liability imposed upon him by any provision of the Contract Documents.
The program to be submitted shall be in the form of PERT or Linked Bar Charts indicating resources and interrelation of operations in sufficient detail to enable the Procuring Entity to monitor the progress of the release and approval of drawings, calculations, manufacture, erection for shipment, delivery, installation, testing and commissioning
The Tenderer shall observe at all times the Procuring Entity’s rules on security at the Site and access into the Port Area.
The Tenderer shall submit to the Procuring Entity for his approval two copies of all Tenderer’s Drawings as the Procuring Entity may require, together with any requested Supporting calculations. Any modifications thereto as the Procuring Entity may consider desirable shall be made and executed accordingly without entailing extra payment on account thereof. Two copies of all modified Tenderer’s drawings shall be re-Submitted for approval. One copy of each approved Tenderer’s Drawing shall be signed by the Procuring Entity and returned to the Tenderer where upon the Tenderer shall forward four copies of the approved Tenderer’s Drawing to the Procuring Entity for Distribution.
The drawings shall all be referenced with a unique Drawing Numbering System including as appropriate sequentially numbered and dated revision marks.
Inspection will not be undertaken by the Procuring Entity or its Authorized Representative unless the Tenderer has submitted to the Procuring Entity the copies of the approved Tenderer’s Drawings and shall have allowed fourteen day’s notice for copies of approved Tenderer’s Drawings, to have been transmitted to the Authorized Representative by the Procuring Entity.
The Tenderer shall indicate on the program the dates for submission to the Procuring Entity of the Tenderer’s Drawings. The Procuring Entity shall signify his approval or disapproval thereof. If he fails to do so within 14 days of receipt, they shall be deemed to be approved.
Approved Tenderer’s Drawings shall be signed or otherwise identified by the Procuring Entity. The Tenderer shall submit the following for the Procuring Entity’s approval:
• All working and fabrication drawings • Design calculations fully referenced to the Tenderer’s Drawings (please note that any computer output presented within the calculations must be fully annotated and referenced so that it is integral with the calculation set.) • orders for materials and components • samples and patterns • such other information as may be required by the Procuring Entity to approve the Tenderer’s proposals. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 72 of 185 SECTION III: TENDER DATA SHEET 73
The Defects Liability Period for the Tug Boat shall be a period of twenty four (24) months starting from the issue of the Taking Over Certificate for Tug Boat commissioned. At the end of this period, the Procuring Entity shall issue a Defects Liability Certificate, provided that all outstanding Defects identified during the Defects Liability Period have been satisfactorily remedied by the Tenderer. This will include removal of items found to be unreliable during the Defects Liability Period (i.e. significantly more replacements/ maintenance than the spares schedule indicates) and their replacement with more robust items. The Tug Boat shall be on full warranty from the date of its Taking Over until the issue of its Defects Liability Certificate. 11. 12.1 For Goods supplied from abroad: Upon shipment, the Supplier shall notify the Procuring Entity and the Insurance Company by facsimile or e-mail the full details of the shipment, including Contract number, description of Goods, quantity, the vessel, the bill of lading number and date, port of loading, date of shipment, port of discharge, etc. The Supplier shall mail the following documents to the Procuring Entity, with a copy to the Insurance Company:
(i.) One original plus four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;
(ii.) Original and four copies of the negotiable, clean, on- board bill of lading/airway bill/road consignment note marked “freight prepaid” and four copies of nonnegotiable bill of lading or equivalent;
(iii.) One original plus four copies of the packing list identifying contents of each package;
(iv.) Insurance certificate for comprehensive ;
(v.) Manufacturer’s or Supplier’s warranty certificate;
(vi.) Inspection certificate, issued by the nominated inspection agency, and the Supplier’s factory inspection report; and
(vii.) Certificate of country of origin issued by the chamber of commerce and industry or equivalent authority in the country of origin in duplicate.
The above documents shall be received by the Procuring Entity at least one week before arrival of the Goods at the port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses.
12. 12.3 For Goods from within Kenya:
Upon delivery of the Goods to the transporter, the Supplier shall notify the Procuring Entity and mail the following documents to the Procuring Entity: TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 73 of 185 SECTION III: TENDER DATA SHEET 74
(i.) One original plus four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;
(ii.) Delivery note, railway receipt, or truck receipt;
(iii.) Manufacturer’s or Supplier’s warranty certificate;
(iv.) Inspection certificate issued by the nominated inspection agency, and the Supplier’s factory inspection report; and
(v.) Certificate of country of origin issued by the Kenyan Chamber of Commerce, Industry and Agriculture or equivalent authority in the country of origin in duplicate.
The above documents shall be received by the Procuring Entity before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses.
Incidental Services (GCC Clause 13)
13. 13.1 Incidental services to be provided are:
[Selected services covered under GCC Clause 15 and/or other should be specified with the desired features. The price quoted in the Tender price or agreed with the selected Supplier shall be included in the Contract Price.]
Spare Parts (GCC Clause 14) 14. 14.1 Minimum period for supply of spare parts is: ......
Warranty (GCC Clause 15)
15. 15.2 GCC 15.2—In partial modification of the provisions, the warranty period shall be _____ hours of operation or _____ months from date of acceptance of the Goods or (_____) months from the date of shipment, whichever occurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guarantees specified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the Supplier shall, at its discretion, either:
(a) Make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests in accordance with CDS 9,
16. 15.4 & 15.5 The period for correction of defects in the warranty period is: 1 month
Payment (GCC Clause 16)
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17. 16.1 The procurement entity shall pay for manufacture, delivery and commissioning of the Tug Boat by way of advance of 20% of contract sum backed by an advance payment guarantee and a revolving letter of credit which shall revolve on amounts not exceeding 20% of contract sum for every payment.
Payment shall be made on meeting the following conditions/ milestones:
1) On Signing of Contract - 20% of the contract price against an approved advance payment Bank guarantee
2) The balance 80% via irrevocable letter of credit payable as follows: a. Upon delivery of all the main steel plates to the shipyard, Issuance of Purchase Orders of major components certified by Procuring - 20% of contract price b. Upon commencement of ship building activities (availability at the shipyard of the main structures and main mechanical parts certified by Procuring Entity Representatives) - 20% of contract price c. Evidence of shipping receipt of Test Certificates Factory Acceptance Tests, approved by the Procuring Entity Representative. Clean Bill of Lading shall be provided by the Tenderer, evidencing the shipment - 20% of contract price d. Upon issue of Taking Over Certificate by the Procuring Entity upon satisfactory commissioning at the Procuring Entity’s site - 10% of contract price e. Upon issue of Final Acceptance Certificate by the Procuring Entity upon carrying out of the Endurance Test during commissioning at the Procuring Entity’s site - 5% of contract price. f. Retention money on expiry of warranty period - 5% of contract price (The release of the 5% retention money can be replaced with a warranty bond covering the warranty period, issued by a reputable bank with operations in Kenya and approved by the Procuring Entity)
16.2 Applications for payment may be made to the Procuring Entity for interim payments when the project milestones set out are attained and for the amounts stipulated in the Schedule Each Certified payment shall be paid in United States Dollars only. 18. 16.3 Period for payment following a valid invoice: 30 days. Rate to be used for paying the Supplier’s interest on the late payment made by Procuring Entity shall be the Central Bank of Kenya rate.
Prices (GCC Clause 17)
19. 17.1 No price adjustment this is a fixed price contract
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Liquidated Damages (GCC Clause 23)
20. 23.1 Applicable rate: 0.1 per cent per day of undelivered materials/good’s value.
Maximum percentage of Contract Value for payments or deductions shall not exceed 10% (is equal to the performance security). For delay in completion the Percentage of Contract Value to be paid or deducted for each week of delay is 1% Maximum loss recoverable by the Procuring Entity is 25% 21 24.4 In the event of corrupt or fraudulent practice or any breach of the Integrity Declaration the Supplier shall be liable to pay to the Procuring Entity [insert number per cent [default 100%] of the Contract Price. 27 The place of arbitration shall be Kenya and shall be conducted in accordance with Kenyan Law.
Resolution of disputes shall be through arbitration. Appointment of an Arbitrator shall be in accordance with the provisions of the Arbitration Act Cap 49 of the Laws of Kenya
Procedure for Disputes (GCC Clause 28)
22. 28.1 The Adjudicator shall be [insert: Chairman Institute of Arbitrators of Kenya]
23. 28.2 Rate of the Adjudicator fees shall be [RULING RATE]
24. 28.3 Arbitration institution shall be [Institute of Arbitrators of Kenya]
Place for carrying out Arbitration [NAIROBI Kenya ]
25. 29.1 Appointing Authority for the Adjudicator [Chairman Institute of Arbitrators of Kenya]
Notices (GCC Clause 31)
26. 31.1 Procuring Entity’s address for notice purposes:
The Head of Procurement and Supplies Kenya Ports Authority P0 Box 95246 Code 80104 Mombasa, Kenya Tel.: +254 (0) 41 2113999/3600 Email: [email protected]
Supplier’s address for notice purposes:
Additional Clauses Bribery Any commission, advantage, gift, gratuity, reward or bribe given, promised or offered by or on behalf of the Tenderer or his agent or servant or any other person on his or their behalf to any officer, servant, representative or agent of the Procuring Entity or of the Procuring Entity or of the Procuring Entity’s
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Representative or to any person on their behalf or on behalf of any of them in relation to the obtaining or to the execution of this or of any other Contract with the Procuring Entity shall be in addition to any criminal liability which may be thereby incurred subject the Tenderer to the cancellation of this and all other Contracts which he may have entered into with the Procuring Entity and also to the payment to the Procuring Entity of any loss or damage resulting- from such cancellation. The Procuring Entity shall be entitled upon a certificate in writing of the Procuring Entity to deduct the amounts so certified from any monies otherwise due to the Tenderer under this or any other contract or to recover the said amounts as a debt due or partly the one and partly the other as the Procuring Entity shall deem advisable. Personal Liability Neither any member or officer, official or employee of the Government or the Procuring Entity nor the Procuring Entity, shall be in any way personally bound or liable for the acts or obligations of the Government or the Procuring Entity under the Contract, or answerable for any default or omission in the observance or performance of any of the acts, matters or things which are herein contained. Units of All dimensions and measurements shall be in Metric Units unless otherwise Dimensions approved by the Procuring Entity. Photographs of Progress photographs showing the progress of the Works during manufacture Work and erection and special photographs showing particular features of the Work, plant or other matters of interest shall be taken at a rate of one set per month. A complete set of photographs of the finished Tug Boat shall be taken. The photographs shall be in colour and not less than A4 size and three prints of every such photograph inscribed with its serial number, date when taken and a short title shall be furnished to the Procuring Entity. All negatives shall be numbered and shall become the property of the Procuring Entity when on completion of the Contract they shall be handed over by the Tenderer. All costs of such photographs shall be included in the Contract Price. Copies of Orders The Tenderer shall forward to the Procuring Entity, copies of all orders placed by the Tenderer for supply of materials, articles and items of fabricated or finished work. Sub-Tenderers also shall forward to the Procuring Entity through the Tenderer four copies of all sub orders placed by them in connection with the Contract. All these shall be forwarded without delay. Contract The Contract Documents supersede all documents memoranda, drawings, etc. Documents that may have been issued by the Procuring Entity or the Procuring Entity in Supersede all connection with the proposed Work previous to the date hereof. Previous Documents Labour In respect of the Works to be conducted by the Tenderer on Site, or elsewhere in Kenya, he will be expected to observe the procedures set out in the remainder of this Clause. Expatriate and So far as is practicable for his operations on Site the Tenderer shall employ only Kenyan Personnel Kenyan citizens. Only when specially qualified employees are not available in and Labour the Republic of Kenya may the Tenderer employ persons not normally resident TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 77 of 185 SECTION III: TENDER DATA SHEET 78
in Kenya. The entry and employment of such persons shall be governed by the relevant legislation of the Republic of Kenya. Work and The Tenderer shall comply with the laws and regulations of the Republic of Residence permits Kenya governing work permits and residence requirements. Recruitment The Tenderer shall not recruit nor attempt to recruit persons in the service of the Procuring Entity or the Procuring Entity. Repatriation The Tenderer shall be responsible for the return to the place where they were recruited or to their domicile of all persons recruited by him for the purposes of the Contract, including their dependents, and for their maintenance until such return. If the Tenderer shall fail to observe this condition the Procuring Entity may maintain and return the said persons and recover the cost thereof from the Tenderer. Accommodation The Tenderer shall be deemed to have included in his Tender for all necessary for Employees accommodation, transport allowances and services for his employees. All accommodation for personnel operating on Site provided by the Tenderer for his work-people shall conform to local practice and/or the requirements of a Medical Officer of Health appointed by the Procuring Entity Such accommodation shall be maintained in all respects in accordance with the requirements of that officer and of the Procuring Entity. Sanitation The Tenderer shall comply with the requirements of the appropriate sanitary authorities and shall provide and maintain efficient and sanitary latrine accommodation wherever required on the site. Accident The Tenderer shall at all times take adequate precautions for the safety of Prevention employees in the performance of this Contract and shall comply with the Procuring Entity’s instructions and all applicable provisions of the laws and regulations of the Republic of Kenya First Aid Facilities The Tenderer shall provide and maintain on the Site adequate and easily accessible first aid facilities for treatment of all personnel and work-people in case of accidents during the execution of the Works under the Contract and such equipment as may be required in any relevant Laws and regulations for the time being in force. The places where these items are kept shall be prominently marked. A sufficient number of the Tenderer’s employees shall be fully qualified in first aid so that a person so qualified is immediately available in case of accident at any time and at any place and the persons so designated shall be made known to all employees by the posting of their names and designation in a prominent position on the Site. Any order from the Procuring Entity as to extensions of or alterations to such first aid facilities or services shall be promptly carried out. The Tenderer shall provide, maintain and at all times carry a suitable first aid kit in each of his supervisory transport vehicles. Fire Prevention The Tenderer shall take all necessary precautions to prevent any damage due to and Fire Fighting fire. The precautions shall include but not be limited to the installation and maintenance of fire extinguishers in key positions in or near the buildings. Such arrangements shall be subject to the approval of the appropriate fire service
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officer. Compensation for The Tenderer shall in accordance with the laws and regulations in force from Injury time to time in the Republic of Kenya pay compensation for loss or damage suffered in consequence of any accident or injury to any workman or other person in the employment of the Tenderer of any Sub-Tenderer. Office The Tenderer shall provide office accommodation and services for use by the Accommodation Procuring Entity’s and Procuring Entity’s staff on Site as specified. for Engineer’s and Procuring Entity’s Staff Offices, Yards, The Tenderer shall make his own arrangements subject to the approval of the Stores etc. of appropriate authority for all local accommodation which he may require for Tenderer offices yards stores labour camps etc. all buildings and all services in connection therewith which are required for the efficient execution of the Works. The Tenderer shall pay proper regard to the prevention of obstruction and the avoidance of nuisance to the public and to residents. Rates of Wages (a). The Tenderer shall pay wages (including allowances) and shall observe hours and Labour of work and other conditions of employment not less favourable to his Conditions employees than those established by collective agreement or arbitration award in the trade or industry concerned. Such collective agreement or arbitration award may be nationwide or failing such it may apply only to the district where the Works is carried out. (b). Any difference or dispute arising as to what wages ought to be paid or what hours or other conditions of employment ought to be observed in accordance with the requirements of paragraph (a) of this Sub-Clause shall be dealt with in accordance with procedures in force in the Republic of Kenya for the settlement of labour disputes, including recourse to the Labour Disputes Court. (c). The Tenderer shall furnish the Procuring Entity with a copy of the existing collective agreement or arbitration award applicable to his employees as provided in paragraph (a) of this Sub-Clause. (d). The Tenderer shall keep proper wages books and time sheets showing the wages paid and the time worked by the employees in and about the execution of the Contract, and he shall be bound, whenever required, to produce such wages books and time sheets for the inspection of any person authorized by the Procuring Entity or the Ministry of Labour and Social Insurance. (e). No portion of the Works shall be done at the homes of the employees except in so far as work is so performed by practice or custom. (f). The Tenderer and his Sub-Tenderers shall recognize the freedom of their workpeople to be members of registered Trade Unions. (g). The Tenderer shall also from time to time furnish to the Procuring Entity or to the Ministry of Labour and Social Insurance such further detailed information and evidence as the Procuring Entity or Ministry may deem necessary in order to satisfy them that the conditions of this Clause have been complied with.
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(h). In the event of default being made in the payment of the wages of any employees employed on the Contract and if a claim therefore is notified to the Procuring Entity the latter may (but shall not be under any obligation) upon proof of such claim, arrange for the payment of the wages due out of the monies at any time payable to the Tenderer under the Contract and the amount so paid shall be deemed to be payment by the Tenderer. Notices to be Notices shall be posted in conspicuous places at the establishments and work Posted places concerned to inform the workers of the conditions of work provided by the Tenderer. Regulations and The Tenderer shall obey all police, health and municipal regulations and all other Site Discipline regulations which may from time to time require his observance and he shall instruct his agents, servants and other employees to obey such regulations; the Tenderer shall be responsible for keeping discipline of the Site. Register of The Tenderer shall keep on the Site a detailed register in the form required by the Employees Procuring Entity of all persons employed upon the Works, including Sub- Tenderers and their employees, containing the names, usual and temporary address, trade and rate of pay of each such person. The register shall be available for inspection by the Procuring Entity whenever required. Supply of Water The Tenderer shall, so far as is reasonably practicable, having regard to local conditions, provide on the Site, to the satisfaction of the Procuring Entity’s Representative, an adequate supply of drinking and other water for the use of the Tenderer’s staff and work-people. Alcoholic Liquor The Tenderer shall not, otherwise than in accordance with the Statutes, or Drugs Ordinances and Government Regulations or Orders for the time being in force, import, sell, give, barter or otherwise dispose of any alcoholic liquor, or drugs, or permit or suffer any such importation, sale, gift, barter or disposal by his Subcontractors, agents, or employees. Arms and The Tenderer shall not give, barter or otherwise dispose of to any person or Ammunition persons, any arms or ammunition of any kind or permit or suffer the same as aforesaid. Festivals and The Tenderer shall in all dealings with labour in his employment have due regard Religious Customs to all recognized festivals, days of rest and religious or other customs. Epidemics In the event of any outbreak of illness of an epidemic nature, the Tenderer shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same. Disorderly The Tenderer shall at all times take all reasonable precautions to prevent any Conduct etc. unlawful riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighbourhood of the Works against the same and shall not interfere with members of any authorized Police Force who shall have free and undisputed access at all times to any part of the Works in the performance of their duties.
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Observance by The Tenderer shall be responsible for observance by his Sub-Contractors in Sub-Tenderers Kenya of the provisions of this Clause. Taxation Except as may be provided otherwise the Tenderer and his staff shall be liable for payment of all taxes, fees, licenses, duties and the like in compliance with local or national laws or orders in Kenya from time to time in force and with amendments thereof that have been or may be enacted from time to time.
The Tenderer shall perform such duties in regard to the deduction of Income Tax as may be lawfully imposed by the Government of Kenya.
In respect of liability for payment of VAT and corporate taxes which the Tenderer may be requested to pay by the Kenyan taxation authorities, in respect of the Plant or Tenderer’s Equipment being imported to site, the Procuring Entity shall seek a waiver on behalf of the Tenderer and if necessary shall pay such of these amounts, as cannot be waived. This waiver will not apply to any Tenderer’s Equipment, Temporary Works or materials purchased in Kenya, nor any liability by the Tenderer for taxation or VAT outside of the Republic of Kenya. Consents, etc. by The Tenderer shall obtain and fill in all notices and forms required by the Authorities Authorities and shall obtain all consents where necessary for the various works being executed and shall a all fees in connection therewith Declaration The condonation by the Procuring Entity of any breach or breaches by the Against Waiver Tenderer or an authorised Sub-Tenderer of any of the stipulations and conditions contained in the Contract shall in no way prejudice, or effect or be construed as a waiver of the Procuring Entity’s rights, powers and remedies under the Contract in respect of any other breach or breaches aforesaid
The provisions in the General Conditions shall apply unless modified by Part II, Special Conditions
Read and acknowledged (MANDATORY REQUIREMENT)
Name:………………………………………………………………
Signed:…………………………………………………………….
Duly authorized to sign for and on behalf of (bidder)
……………………………………………………………………..
Dated this…………………day of …………………20………
Stamp/Seal
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SECTION VI: SCHEDULE OF REQUIREMENTS
(See B. Price Schedules for Goods and Related Services – Section VIII)
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SECTION VII: TECHNICAL SPECIFICATIONS
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TECHNICAL SPECIFICATIONS & REQUIREMENTS OF THE NEW AZIMUTH STERN DRIVE (ASD)
6.1 GENERAL
6.1.1 These specifications describe the basic requirements for equipment. Tenderers are requested to submit with their offers the detailed specifications, drawings, catalogues, etc. for the products they intend to supply.
6.1.2 Tenderers must indicate on the specifications sheets whether the Equipment offered comply with each specific requirement.
6.1.3 All the dimensions and capacities of the Equipment to be supplied shall not be less than those required in these specifications. Deviations from the basic requirements, if any, shall be explained in detail in writing with the offer, with supporting data such as calculation sheets, etc. The Authority reserves the right to reject the products, if such deviations shall be found critical to the use and operation of the products
6.1.4 Tenderers are requested to present information along with their offers as follows;- i. Shortest possible delivery period of each product ii. Information on proper representative and/or workshop for back-up service / repair and maintenance including their names and addresses
6.1.5 The tenderers shall give comprehensive information on every requirement. Technical specifications listed herein are limited guidelines; every item offered MUST be accompanied with a comprehensive description of its dimensions, safety features, functionality, types and/or brand names. Stating “shall provide” shall NOT be considered sufficient without proper detailed description
6.1.6 Scheduled Milestone visit by two Owners Representatives for production progress review meeting shall be as follows; a. Kick off meeting at site of construction and laying down of keel b. After full welding and installation of Major Equipment and systems piping c. During Sea Trials, Inclined tests, Ballard test, Equipment test runs
Note: This should be captured in the Gant chat for the project work plan for evaluation.
6.1.7 The Shipyard shall organise and facilitate training with the Tug just before shipment with the intention of allowing the operators to familiarise with the operational systems of the Tug before delivery. The 1st phase shall be done be done at the shipyard and 2nd phase to be and shall include the following. a. Five Master Harbour Tug – Operators and one senior pilot (6) b. Six Technicians made of Four Mechanical, Two Electricians and One Senior Engineer (7)
Note: Part of Training touching on operational issues should be done on board the vessel before delivery.
6.1.8 The Shipyard shall organise and facilitate specialised training by the OEM or equipped dealers of reasonable time and content for Engineers and Technicians who shall form the maintenance team after delivery. These specialised training should be for major equipment and systems as installed including CAT Training for the main engines, Cummings Training for the Gensets and
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Main Fire Fighting Engine, Rolls Royce for the Propulsion system, Monitoring, Control and Alarm systems, Hydraulics Systems, Pneumatic Systems, Electrical System as built etc… a. Specialised training shall comprise of Four Mechanical and Two electrical electronics technicians and one senior engineer (7) b. Specialized training for five tug masters and one pilot for bridge electronic equipment (note this is a tug that shall be readily available for outside portlimit salvage and regular calls to Lamu port) (6)
6.2.0 General description
The Berthing shall be a modern seagoing highly maneuverable twin Azimuth Stern Drive Tug for harbours and tropical coastal waters with capacity to undertake salvage works. It shall be environmentally friendly tug of modern design, built of high quality steel Lloyds Grade A with an optimal lay-out and maintainability of all install quality components, which results in a “low maintenance” tugboat. The should be capable of towing and pushing operations, with on-board Pollution fighting equipment, buoy handling and fire fighting. The propulsion system shall consist of two IMO Tier II compliant Caterpillar Marine Main engines, pneumatic started and box cooled, with two steerable rudder propeller units, mounted in the aft ship compartment.
6.2.1 Production and Delivery
Delivery period to be 14 to 18 months
The vessel shall be delivered to the Port of Mombasa complete with equipment warrant/running spares, special tools with AMOS Preventive Maintenance program and the Caterpillar Diagnostic software delivered with the annual activation key as specified in this document.
6.2.2 The Scope of Works Shall Include:- i. To prepare drawings and information including all plans required for Lloyd’s Classification Society for Approvals (Note that the Authority Fleet is 90% Lloyd Registered and is recommended for standardization) ii. To Build and Supply One (1) New Tug Boat for the Port of Mombasa. iii. To Deliver the New Tug Boat to the Port of Mombasa iv. To carry out Testing, commissioning and handing over the New Tug Boat together with back-up spares for regular maintenance for at least one year; v. To supply one lot of the listed special tools and lot of listed spare parts which should include complete overhaul kit of Main Engines and propulsion thrusters. vi. To carry out Training of operators and maintenance staff vii. To provide structured specialized training for most of the important equipment and machinery installed onboard the before delivery most preferable with the manufacturers. viii. To provide all necessary manuals in three (3) lots of copies and documentation required to operate and maintain and replicating the documentation on three CD – ROM disks. ix. To Provide Computer based Maintenance Programme. x. To deliver together with the Tug Boat , a Lap Top computer that can use KPA Wireless to transmit notifications to Shore based Maintenance office xi. To Provide Tug/ Equipment Warrant for the New Tug Boat xii. To Provide ALL As Built Drawings as listed in Clause 6.6 and shall be approved by class and owner’s representative.
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6.3.0 Functional Requirements
6.3.1 The tug shall be required to provide safe and reliable ship handling services
6.3.2 The tug shall be required to perform ship control functions (steering and braking) in the “indirect” mode at higher approach speeds of at least 12 knots, and should be suitably equipped for this function.
6.3.3 The tug shall be equipped to perform towing and salvage operations as required and depending upon the aft towing gear fitted.
6.4.0 Main particulars
6.4.1 Vessel Features
The Vessel should have the following features for operations in exposed waters: a. To ensure large freeboard and a more raised forecastle deck compared to the current KPA fleet for relatively dry working deck. b. To ensure large dynamic stability, deep skeg, bilge keels and relatively low wheelhouse position for low accelerations and increased comfort, safety and sea keeping performance. c. To ensure optimized fendering system for safe operations in offshore conditions. d. To ensure Vessel is equipped with a towing bitt, towing winch and towing hook and 5T SWL lifting crane (Effer, Heila or Palfinger) on the aft deck. e. To ensure the towing winch has sufficient rendering/recovery capacity.
6.4.2 Principal dimensions Length overall 32.0 – 33.0 m Beam overall 12.0 – 13.0m Depth at side 5.0 - 6.0 m
6.4.3 Tank capacities (Minimums)
Fuel oil (incl. header tanks) not less : 130.0 m3/109.0 ton (m) Fresh water not less than : 50.0 m3/ 50.0 ton (m) Sewage not less than : 5.0 m3/ 5.0 ton (m) Clean lubrication oil not less than : 7.5 m3/ 6.8 ton (m) Dirty lubrication oil not less than : 4.0 m3/ 3.6 ton (m) Sludge not less than : 2.0 m3/ 1.9 ton (m) Hydraulic oil not less than : 2.8 m3/ 2.5 ton (m) Bilge water not less than : 6.0 m3/ 6.0 ton (m) Foam not less than : 11.0 m3/ 12.6 ton (m) Dispersant not less than : 5.0 m3/ 4.1 ton (m)
6.4.4 Compliment Crew : 10 persons
6.4.5 Performance (Minimum) Bollard Pull ahead : 70 to 75 tons
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Bollard Pull astern : 65 to 70 tons Free running speed, ahead : 12.5 to 13.9 Knots Free Running speed astern : 11.0 to 12.0 Knots
6.4.6 General Lay-out
The Vessel shall feature a compact deckhouse on the main deck and a Wheel House on bridge deck, a spacious fore deck and a large aft deck. The main deck shall be flush with the raised forecastle. The deckhouse and below deck accommodation shall be designed to conform with the Maritime Labour Convention 2006 regulations to accommodate officers and crew for a total of up to 10 persons.
a. The hull shall be divided into five watertight compartments and at the sides all fuel tanks shall be separated from the hull. b. At the bow and the stern corners heavy cylindrical rubber fendering should be provided c. All round hull sides a rubber D-fender should be fitted in way to minimize rubber tear and damage to the shell plate. d. The aft transom should be further fitted with a special foam sausage fenders around. e. Bulwark shall be fitted all round the main/forecastle deck. f. A double plate skeg shall be fitted to optimize course stability both ahead and astern. g. A towing bitt shall be located on the aft and fore deck. h. On the fore deck a rendering/recovery towing winch shall be fitted. i. Whilst at aft deck, a capstan, towing hook, towing winch and a 10 Ton Lifting Crane shall be provided.
6.4.7 Classification
The Vessel shall be constructed according to Classification Rules and classed by Lloyd Register or equivalent Classification Society which has a local office in Kenya. o Class-HULL · MACH Escort Tug Unrestricted Navigation AUT UMS IWS
o Class-HULL · MACH Escort Tug Unrestricted Navigation AUT UMS IWS Fire Fighting
6.4.8 Mandatory Compliance to Regulations
The Vessel shall comply with the applicable rules of Class and IMO: a. International Load line Convention 1966. b. International Regulation for Prevention of Collisions at Sea, 1972. c. International Convention for measurement of tonnage of vessels, 1969. d. The intact stability complies with IMO resolution A749.18 or A469. e. IMO regulations A 468 (Noise levels) and ILO Recommendation 141 along with class noise level requirements as far as reasonable for this type of vessel. f. IMO-ISPS code as applicable for the type and size of vessel and Automatic Identification System (AIS). g. SOLAS 2005 o Chapter IV Radio communication o Chapter V Safety of navigation h. MARPOL 1973/1978 o Consolidate Edition, with all amendments in force at the time of keel laying o Annex I: Regulations for the Prevention of pollution by oil. o Annex IV: Regulations for the Prevention of pollution by sewage from ships.
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o Annex V: Regulations for the Prevention of pollution by garbage from ships. Garbage may be stored on board while at sea and discharges to shore o Annex VI: Regulation for air pollution prevention and NOx technical code. i. Maritime Labour Convention 2006
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6.4.9 Language and Units
a. All drawings, documents and equipment manuals MUST be in English language b. All Equipment and Machinery shall be provided with Nameplates and labels in English c. Only SI system of units shall be used for all instrumentation, notices and labels, machinery and fittings, identification and data
6.5.0 Trials and Tests;
Upon completion and delivery of vessel, the Builders shall provide Owner with two (2) bound copies and two (2) CD-ROMs of a Tests and Trials Report containing an organized record of all tests and trials data. These Tests and Trials shall include;
6.5.1 Dock Trials
Builders shall demonstrate the complete workability and correct functioning of the Vessel, its main engines and propulsion units, auxiliaries, generators, systems, Equipment, etc. and notify/issue trials schedule to the Owner. These dock tests shall be conducted in presence of representatives of Class and other Regular Authorities where applicable.
6.5.2 Inclining experiment
Builders upon completion of the Vessel shall carry out an inclining test under supervision of the Builder, Class or Regulatory Authority and the Owner, to ascertain the light ship weight and the location of the Centre of gravity. The Owner shall be issued with the inclining experiment report showing calculation of metacentric height and other related characteristics as required. Builder shall prepare Stability Booklet with at least five loading conditions, including a light ship condition and maximum loading condition. This Stability Booklet shall be submitted for approval to the Regulatory Authorities and finally delivered together with the Vessel.
6.5.3 Sea trials
A complete and detailed technical sea trial will take place before delivery in the presence of Owner. Speed and power runs should be carried out in relatively deep water and at the maximum power. Speed runs should be made at specified conditions. A report including the following trials should be issued to the Owner; a. Maneuvering trials b. Crash stop tests c. Main engines starting tests d. Anchor trials e. Test of deck and safety equipment f. Endurance test of propulsion installation g. Noise and vibration levels measurements are carried out during the sea trials.
6.5.4 Bollard pull test a. At the agreed time between Owner and Shipbuilder, a Bollard Pull trial test shall be conducted during which the bollard pull shall be measured with standard gauge properly calibrated and certified. b. Bollard pull test program should be performed in relatively deep and sheltered waters with sufficient free area at various engine revolutions per minute (rpm.) c. The Test should include both ahead and astern, at specified conditions as required by Class and a Bollard pull Certificate to be issued to Owner. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 89 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 90
6.6.0 Manuals and documentation
6.6.1 (a) Documents handed over at delivery
Upon completion of the Vessel, the Builder will deliver to the Owner two complete sets of the principal construction drawings, arrangement drawings, plans and documents in the English language both in soft and hard copies as follows: o General Arrangement Plan o Docking Plan o Engine Room Arrangement o Diagrams of all systems o Electric Power, Configuration and Distribution Diagrams as built o Propulsion Arrangement o General Construction Plan o Shell expansion drawing o Deck arrangements, including deck equipment o Safety Plan o Dock and sea trial test reports o Stability booklet o Tank tables for all tanks o Engine room log-book o Paint list and documentation o SOPEP manual o Paint inspection report o Inventory list o Significant roll angle report o As built drawings o Detailed list of all Equipment/components as fitted
6.6.1 (b) Charts and Publications The following Charts and publications should be supplied to owner at the time of delivery of the vessel;
(i) CHARTS AND PUBLICATIONS
BA CHART REQD TITLE OF CHART OR PLAN NUMBER 1 2694 1 GULF OR ADEN AND APPROACHES 2 2970 1 EASTERN APPROACHES TO THE GULF OF ADEN 3 100 1 RAAS CASEYR TO SUQUTRA 4 3784 1 RAS AL KALB TO RAS MARBAT 5 2895 1 OUTER APPROACHES TO PORT SALALAH 6 2896 1 PORT SALALAH AND APPROACHES 7 2969 2 CADALE(ITALA) TO RAAS XAAFUUN 8 2968 2 LAMU TO CADALE(ITALA) SEYCHELLES GROUP TO MADAGASCAR AND AGALEGA 716 1 9 ISLAND
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10 721 1 SOUTHERN APPROACHES TO THE SEYCHELLES GROUP 11 740 1 SEYCHELLES GROUP 12 722 1 PORT VICTORIA AND APPROACHES OUTER APPROACHES TO MOQDISHO AND MARKA 671 1 13 ANCHORAGE 14 3362 2 LAMU TO KISMAYO 15 2949 2 MTWAPA TO LAMU 16 3877 1 MOZAMBIQUE, CHANNEL-NOTHERN PART 17 238 2 PORTS IN KENYA, KILIFI AND MALINDI 18 3 1 CHARGOS ARCHIPELAGO 19 563 1 COMORES 20 616 5 APPROACHES TO MOMBASA 21 642 1 PORTS IN MOZAMBIQUE 22 644 1 BAIA DE MAPUTO 23 646 1 PORTO DE MAPUTO 24 647 1 PEMBA(PORTO AMELIA) 25 648 1 MAPUTO TO PORTO DE BARTOLEMEUDIAS 26 649 1 APPROACHES TO NACALA 27 650 1 QUELIMANE 28 661 1 APPROACHES TO KILWA KISIWANI HARBOUR 29 663 2 APPROACHES TO TANGA 30 665 2 APPROACHES TO ZANZIBAR 31 666 10 PORT MOMBASA 32 668 6 LAMU MANDA AND PATE BAYS 33 674 2 APPROACHES TO DAR ES SALAAM 34 677 1 MANANARA TO ILE AUX NATTES 35 678 1 ILE AUX NATTES TO TAMTAVE 36 681 1 LINDI BAY 37 684 1 MTWAPA AND MIKINDANI HARBOURS 38 687 1 KISWERE HARBOUR 39 688 1 TAMATAVE 40 690 1 CABO DELGADO TO MIKINDANI BAY 41 691 1 MTWAPA HARBOUR 42 692 1 RADE DE TULEAR 43 693 2 DAR ES SALAAM 44 701 1 APPROACHES TO BAIE DE BOMBETOKE 45 704 1 NOSI SHABA(NOSI BEROJA) TO MORAMBA BAY 46 706 1 ILES MITSIO TO BAIE D’AMPASINDAVA 47 711 1 MAURITIUS 48 712 1 LA REUNION TO MAURITIUS AND ILE TROMELIN 49 713 1 PORT LOUIS AND GRAND RIVIERENOIRE BAY 50 715 1 RODRIGUEZ ISLAND 51 717 1 SEYCHELLES GROUP TO NAZARETH BANK
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52 718 1 ISLANDS NORTH OF MADAGASCAR 53 724 1 ANCHORAGES IN THE SEYCHELLES 54 725 1 PLANS IN THE CHAGOS ARCHIPELAGO 55 726 1 EGMONT ISLANDS TO THREE BROTHERS 56 727 1 PEROS BANHOS TO BLENHEIM REEF 57 742 1 MAHE PRASLIN AND ADJACENT ISLANDS 58 759 1 BAIE D’ANTONGIL TO FARAFANGANA 59 760 1 BAIE D’AMPASILAVA TO MANANJARY 60 865 1 PLANS ON THE TANGANYIKA COAST 61 866 1 PLANS IN TANGANYIKA AND KENYA 62 920 1 DIEGO GARCIA 63 1002 1 DIEGO SUAREZ BAY TO ANDRANOAMBI BAY 64 1003 1 APPROACHES TO PORTO DA BEIRA 65 1032 1 NORTH MAFIA CHANNEL TO KILWA POINT 66 1052 1 APPROACHES TO KISMAYO 67 1064 1 PLANS ON THE NORTH EAST COAST OF MADAGASCAR 68 1116 1 BAIE DE DIEGO-SUAREZ 69 1120 2 VICTORIA NYANZA 70 1310 1 SOUTH WEST COAST OF PEMBA ISLANDS 71 1495 1 POINTE DES CHATEAUX TO PINTE DE LA REVIERE DU MAT 72 1497 1 LA REUNION 73 1810 1 MOZAMBIQUE CHANNEL 74 1812 1 WEST COAST OF PEMBA ISLAND 75 1881 1 CARCADOS CARAJOS SHOALS 76 2461 1 PLANS ON THE NORTH AND WEST COASTS OF MADAGASCAR 77 2741 1 ILE DE MAYOTTE 78 2756 1 ILE DE MAYOTTE- NORTHERN PART 79 2757 1 ILE DE MAYOTTE- EASTERN PART 80 2871 1 NOSI BE- SOUTHERN ANCHORAGES 81 2926 1 PORT DE MOZAMBIQUE TO PEMBA 82 2927 1 PEMBA TO MTWAPA 83 2929 1 MTWAPA TO MAFIA ISLANDS 84 2930 1 JESSER POINT TO BOA PAZ 85 2931 1 BAIE DE INHAMBANE TO CABO DE SAO SEBASTIAO 86 2932 1 CABO DE SAO SEBASTIAO TO BEIRA 87 2933 1 ILHA EPIDENDRON TO PORTO DE MOZAMBIQUE 88 2934 1 BEIRA TO RIO ZAMBEZE 89 2935 1 RIO ZAMBEZE TO ILHA EPIDENDRON 90 2939 1 BOA PAZ TO BEIRA DE INHAMBANE 91 2949 1 MTWAPA TO LAMU 92 3048 1 GRAND PORT 93 3211 2 ZANZIBAR HARBOUR 94 3252 2 VICTORIA NYANZA-NORTHERN PORTION TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 92 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 93
95 3255 2 VICTORIA NYANZA- NAKARANGA POINT TO DAGUSI 96 3256 2 VICTORIA NYANZA- PORT FLORENCE(KISUMU) 97 3300 1 MBASHE POINT TO MAPUTO 98 3310 1 MAFIA ISLAND TO PEMBA ISLAND 99 3361 1 PEMBA ISLAND TO LAMU 100 3665 2 VICTORIA NYANZA- SOUTHERN PORTION 101 3693 1 PLANS IN LAKE VICTORIA NYANZA 102 3855 1 CAP KIMBY TO MOROMBE 103 3868 1 CAP KIMBY TO CAP SAINT ANDRE 104 3871 1 BAIE DE BOMBETOKE TO CAP SAINT ANDRE 105 3872 1 NOSSI BE TO BAIE DE BOMBETOKE 106 3876 1 NOSSI BE TO BAIE DE ANTSIRANANA 107 3877 1 MOZAMBIQUE CHANNEL- NORTHERN PART 108 4172 1 TUGELA RIVER TO PONTA DO OURO 109 4173 1 APPROACHES TO RICHARDS BAY 110 4174 1 RICHARDS BAY HARBOUR 111 4170 1 APPROACHES TO DURBAN 112 4162 1 APPROACHES TO EAST LONDON 113 4158 1 PLANS IN ALGOA BAY 114 4156 1 CAPE ST. FRANCIS TO GREAT FISH POINT 115 4159 1 GREAT FISH POINT TO MBASHE POINT 116 3793 1 SHIXIN POINT TO PORT ST. JOHNS 117 4157 1 APPROACHES TO PORT ELIZABETH 118 2095 1 CAPE S. BLAIZE TO PORT S. JOHNS 119 4153 1 CAPE AGULHAS TO CAPE ST. BLAIZE 120 578 1 CAPE COLUMBINE TO CAPE SEAL 121 4154 1 MOSSEL BAY 122 632 1 HOLLANDSBIRD ISLAND TO CAPE COLUMBINE 123 643 1 DURBAN HARBOUR
(ii) ROUTEING CHARTS ( INDIAN OCEAN ROUTEING CHARTS- FOLIO 344E)
CHART NUMBER RQD 1 5126 (1) JANUARY 1 2 5126 (2) FEBRUARY 1 3 5126 (3) MARCH 1 4 5126 (4) APRIL 1 5 5126 (5) MAY 1 6 5126 (6) JUNE 1 7 5126 (7) JULY 1 8 5126 (8) AUGUST 1 9 5126 (9) SEPTEMBER 1 TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 93 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 94
10 5126 (10) OCTOBER 1 11 5126 (11) NOVEMBER 1 12 5126 (12) DECEMBER 1
(iii)
CHART RQD DESCRIPTION NO. 1 NP 131 1 CATALOGUE OF ADMIRALTY CHARTS & PUBLICATIONS 2 5006 1 THE WORLD – TIME ZONE CHART 3 5307 1 THE WORLD – MAIN OCEAN ROUTE POWER VESSELS 4 5310 1 THE WORLD – GENERAL SURFACE CURRENT DISTRIBUTION THE WORLD – LOADLINE REGULATIONS – ZONES, AREAS AND 1 5 D 6083 SEASONAL PERIODS (EDITIONS) METEOROLOGICAL WORKING CHART – INDIAN AND SOUTH WEST 1 6 B 6238 PACIFIC 7 B 6628 1 SOUTH ATLANTIC OCEAN AND INDIAN OCEAN 8 B 6961 1 INDIAN OCEAN METEOROLOGICAL CHART 9 B 6969 1 SOUTH INDIAN OCEAN METEOROLOGICAL CHART 10 B 6984 1 ARABIAN SEA – METEOROLOGICAL CHART MAGNETIC VARIATION 2005 AND ANNUAL RATES OF CHANGE – 1 11 5374 WORLD MAGNETIC VARIATION 2005 AND ANNUAL RATES OF CHANGE – 1 12 5385 INDIAN OCEAN 13 4070 1 INDIAN OCEAN – SOUTHERN PART, OCEAN CHART 14 4071 1 INDIAN OCEAN – NORTHERN PART, OCEAN CHART 15 4072 1 INDIAN OCEAN – WESTERN PART, OCEAN CHART 16 4073 1 INDIAN OCEAN – EASTERN PART, OCEAN CHART
(iv) PUBLICATIONS
ADMIRALTY LIST OF RADIO SIGNALS CHART RQD DESCRIPTION NO. 1 NP 281 (1) 1 VOLUME 1 – MARINE RADIO STATION, EUROPE, AFRICA AND ASIA 2 NP 282 1 VOLUME 2 – RADIO AIDS TO NAVIGATION 3 NP 283 (1) 1 VOLUME 3 – PART 1- MARINE SAFETY INFORMATION SERVICES 4 NP 284 1 VOLUME 4 – METEOROLOGICAL OBSERVATION STATIONS 5 NP 285 1 VOLUME 5 – GLOBAL MARINE DISTRESS AND SAFETY SYSTEM 6 NP 286 (3) 1 VOLUME 6 – PART 3- PILOT SERVICES, VESSEL TRAFFIC SERVICES AND PORT OPERATIONS, RED SEA AND AFRICA 7 NP 286 (4) 1 VOLUME 6 – PART 4- PILOT SERVICES, PORT OPERATIONS 8 NP 1 1 AFRICA PILOT VOL-1 (ADMIRALTY SAILING DIRECTIONS) 9 NP 2 1 AFRICA PILOT VOL.2 (ADMIRALTY SAILING DIRECTIONS) 10 NP 3 1 AFRICA PILOT VOL.3 11 NP 38 1 WEST COAST OF INDIA PILOT 12 NP 39 1 SOUTH INDIAN OCEAN PILOT 13 NP 63 1 PERSIAN GULF PILOT 14 NP 64 1 RED SEA AND GULF OF EDEN PILOT TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 94 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 95
15 NP 100 1 THE MARINER’S HAND BOOK 16 NP 136 1 OCEAN PASSAGES FOR THE WORLD 17 NP 203 1 VOLUME 3 – ADMIRALTY TIDE TABLE – INDIAN OCEAN 18 NP 77 1 VOLUME D – LIST OF LIGHTS – WEST OF INDIAN OCEAN, ARABIAN SEA 19 NP 78 1 VOLUME E – LIST OF LIGHTS RED SEA 20 NP 83 1 VOLUME K – LIST OF LIGHTS – INDIAN AND PACIFIC OCEAN 21 NP 100 1 THE MARINERS HAND BOOK – NINTH EDITION 2009 22 NP 136 1 OCEAN PASSAGES FOR THE WORLD – FIFTH EDITION 2004 23 NP 735 1 IALA MARITIME BUOYAGE SYSTEM – EDITION 6 2006 24 NP 5011 1 SYSMBOLS AND ABBREVIATIONS USED ON ADMIRALTY CHARTS – EDITION 4 2008 25 NP 247 (1) 1 ANNUAL SUMMARY OF ADMIRALTY NOTICES TO MARINERS
26 NP 247 (2) 1 AMMENDMENTS TO SAILING DIRECTIONS
27 NP 350 (2) 1 ADMIRALTY DISTANCE TABLES – INDIAN OCEAN
(v)
ATT ADMIRALTY TOTAL TIDE FOR AREAS:-
1 AREA 5 – RED SEA, THE GULF AND INDIAN OCEAN (NORTHERN PART) 1 AREA 10 – SOUTH ATLANTIC AND INDIAN OCEAN (SOUTHERN PART) ADLL ADMIRALTY DIGITAL LIST OF LIGHTS:- 1 AREA 5 – RED SEA, THE GULF AND INDIAN OCEAN (NORTHERN PART) 1 AREA 10 – SOUTH ATLANTIC AND INDIAN OCEAN (SOUTHERN PART) ADRS6 ADMIRALTY DIGITAL RADIO SIGNALS VOLUME:-
1 AREA 5 – RED SEA, THE GULF AND INDIAN OCEAN (NORTHERN PART) 1 AREA 10 – SOUTH ATLANTIC AND INDIAN OCEAN (SOUTHERN PART)
(vi)
PUBLICATION RQD DESCRIPTION 1 IMO- 650E 1 PROCEDURE FOR PORT STATE CONTROL 2 IB 904E 1 COLREGS, CONSOLIDATED EDITION 2003 3 I 116E 1 ISPS CODE- EDITON 2003 AND SOLAR AMENDMENTS 2002 4 I 910E 1 JOINT IMO/ IHO/ WMO MANUAL ON MARITIME SAFETY INFORMATION 5 IMO-520E 1 MARPOL 73/78 CONSOLIDATED EDITION 2002 6 CD-802 1 MARPOL 73/78 ON CD-ROM (VERSION 2.0) 7 ID 110E 1 SOLAS(CONSOLIDATED EDITION 2004) 8 I 155E 1 FIRE SAFETY SYSTEMS(FSS)CODE(2001EDITION) 9 IA 117E 1 INTERNATIONAL SAFETY MANAGEMENT CODE(ISM CODE) AND GUIDE LINES ON IMPLEMENTATION OF THE ISM CODE(2010 EDITION) 10 IE 200E 1 IMDG CODE(2004 EDITION OR LATEST EDITION) 11 IB 267E 1 RECOMMENDATIONS ON THE SAFE USE OF PESTICIDES IN SHIPS(1996 EDITION) 12 1288E 1 CODE OF SAFE PRACTICE FOR THE CARRIAGE OF CARGOES
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AND PERSONS BY OFFSHORE SUPPLY VESSELS(OSV CODE) (2000 EDITION) 13 IA 292E 1 CODE OF SAFE PRACTICES FOR CARGO STOWAGE AND SECURING(CSS CODE) 2003 EDITION 14 1298E 1 GUIDELINES FOR THE PREPARATION OF THE CARGO SECURING MANUAL(1997 EDITION) 15 1402E 1 INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEAS INCASE OF OIL POLLUTION CASUALITIES(INTERVENTION) 1969(1977 EDITION) 16 1410E 1 INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE(CLC 1969) (1977 EDITION) 17 1418E 1 OFFICIAL RECORDS OF THE INTERNATIONAL LEGAL CONFERENCE ON MARINE POLLUTION DAMAGE 1969(1973 EDITION) 18 1450E 1 INTERNATIONAL CONFERENCE ON SALVAGE 1989(1989 EDITION) 19 1490M(E/F/S) 1 BUNKER OIL POLLUTION DAMAGE CONVENTION 2001(2004 EDITION) 20 IB 520E 1 MARPOL 73/78(CONSOLIDATED EDITION 2002
21 1680E 1 ANTI FOULING SYSTEM(2001 EDITION) 22 IB 938E 1 STCW LATEST EDITION 23 1968E 1 GUIDELINES ON FATIGUE(2002 EDITION) 24 IB 960E 1 (IAMSAR) MANUAL VOL.1,2,3 WITH ALL AMENDMENTS 25 IC 982E 1 LIFE-SAVING APPLIANCES(2003 EDITION) 26 1987E 1 IMO STANDARD MARINE COMMUNICATIONS PHRASES(SMCP) 2002 EDITION 27 1994E 1 INTERNATIONAL CODE OF SIGNALS(1987 EDITION)
6.6.2 Certificates/statements
The following certificates/statements should be supplied to the Owner at the time of delivery of the Vessel: o Builder’s certificate o Classification certificates o International tonnage certificate o Loadline certificate o International oil pollution prevention certificate o International sewage pollution prevention certificate o International air pollution prevention certificate o Anchor and cable certificates o Certificates of navigation lights o GMDSS certificate o Compass deviation chart o Bollard pull certificate o Asbestos free certificate o Deratting certificate o Fresh water certificate o Inventory of hazardous materials certificate o Certificates of ALL major equipment o Piping Certificates
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6.6.3 Manuals
A set of manuals in English language should be delivered in four copies in both soft and hard copies
6.6.3.1 Displayed documents
Diagrams and Safety Plans should be fitted on board of the Vessel as should be as directed by Class. These plans should be copied on a convenient scale and should be plastic sheeted and framed. Safe Manning Certificate should be displayed A tank sounding board should be fitted in the engine room.
6.6.4 GMDSS Area
6.6.4.1 GMDSS area A1
The navigation and communication equipment should comply with the requirements of GMDSS for area A1 with complete NAVTEX coverage as applicable and shore based maintenance. The required books and manuals shall be stored on board.
6.6.4.2 GMDSS area A2
The navigation and communication equipment should comply with the requirements of GMDSS for area A2 with complete NAVTEX coverage as applicable and shore based maintenance. The required books and manuals shall be stored on board.
6.6.4.3 GMDSS area A3
The navigation and communication equipment should comply with the requirements of GMDSS for area A3 with complete NAVTEX coverage as applicable and shore based maintenance. The required books and manuals shall be stored on board.
6.6.5 MED approval All navigation and communication equipment shall be provided with an MED certificate.
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6.7.0 Hull and superstructure
6.7.1 General description
The Vessel should have a round bilge hull with a transom stern and a tapered bow. The transom corners should be well rounded. The hull should be made of steel plates (grade A), certified by Lloyd or equivalent Classification Society. The hull structures in the bow sections shall be adequately reinforced for sufficient support when pushing and towing of ships without damaging the tug.
6.7.1.1 Bulkheads
The Vessel should have specified number of bulkheads dividing the hull into five water tight compartments;
6.7.1.2 Welding
All welding will be performed in accordance with classification requirements. Non-destructive tests should be carried out on specific areas as required by Class.
6. 7. 2 Tank configuration
All tanks should be closed by bolted manhole covers and should have spring-loaded bronze drain plugs, sounding pipe with weighted self-closing cock, filling/de-aeration pipes.
6.7.2.1 Fuel oil tanks
Fuel tanks should be separated from the hull but form integral part of hull construction.
6.7.2.2 Fresh water tanks
Three stainless steel fresh water double bottom tanks should form an integral part of the hull construction.
6.7.2.3 Sewage tank
One steel sewage double bottom tank should form an integral part of the hull construction.
6.7.2.4 Lubrication oil tanks
At least two steel lubrication oil double bottom tanks should form an integral part of the hull Construction to be situated in the engine room.
6.7.2.5 Sludge tank
One steel sludge tank should form an integral part of the hull construction
6.7.2.6 Hydraulic oil tank
A non-integrated spare hydraulic oil tank for the steering gear should be fitted in the rudder propeller compartment and another non-integrated hydraulic oil tank for the deck equipment should be fitted in the engine room.
6.7.2.7 Bilge water tank
One steel double bottom bilge water tank should form an integral part of the hull construction TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 98 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 99
6.7.2.8 Foam Tank
One steel double bottom foam tank to be an integral part of the hull construction
6.7.2.9 Dispersant tank
One steel double bottom dispersant tank should form an integral part of the hull construction
6.7.3 Chain lockers
There should be two chain lockers able to house the full length of chain whose ends shall be fitted with quick release devices operated from deck.
6.7.4 Hull scantlings (Minimum sizes in mm)
6.7.4.1 Bottom plating : 12 6.7.4.2 Stern plating : 12 6.7.4.3 Side and bow plating : 12 6.7.4.4 Sheer-strake plating :15 6.7.4.5 Forecastle deck plating : 8 6.7.4.6 Aft deck plating : 8 6.7.4.7 Main deck plating inside superstructure : 8 6.7.4.8 Bridge deck plating : 6 6.7.4.9 Top deck plating : 8 6.7.4.10 Tank top plating : 8 6.7.4.11 Watertight bulkhead plating : 8 6.7.4.12 Bulwark plating : 8 6.7.4.13 Sea chest plating : 12 6.7.4.14 Side longitudinal flat bulb section : 120 x 7 6.7.4.15 Web frames every 3rd frame flat bulb section : 240 x 10 6.7.4.16 Deck longitudinal flat bulb section : 100 x 7 6.7.4.17 Frame spacing : not more than 550
6.7.5 Sea chests
Two sea chests should be integrated in the hull bottom construction in the engine room to house the box coolers for the cooling systems.
6.7.6 Anchor pockets/hawse pipes
The anchors should be stowed in pockets, flush with the hull line. The two hawse pipes to be made from steel pipe with the rims of hawse pipes and the upper edge protected with round bar provided with galvanized steel hawse pipe covers, secured with stainless steel chains.
6.7.7 Engine Seatings
The engine seatings should be sufficiently stiff to minimize hull vibrations exerted by the engines and to consist of longitudinal plate, each with a top plate of flat bar. The Main engines should be secured to the top plates of the seatings.
6.7.8 Bulwark
Builders to ensure that along the main deck and forecastle deck a bulwark of height 1.10 M minimum shall be provided with adequate freeing ports. The top of the bulwark should be
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protected and reinforced with a thick walled steel pipe. Two bulwark doors to be provided for, one at starboard and one at port.
6.7.9 Boarding facilities
On the inside of the bulwark a platform should be provided, fitted with removable handrails that can be fitted on top of the bulwark together with foldable gangways on both sides of the boat with safety nets. To be indicated in General arrangement drawing.
6.7.10 Skeg
A double-plate skeg to be fitted with 10 mm side plating and a 20 mm bottom plate. The Skeg should be strong enough for dry-docking and provided with docking plugs.
6.7.11 Bilge keels
Bilge keels should be fitted at each side of the vessel to improve the operability of the Vessel in exposed waters.
6.7.12 Mooring ports
Mooring ports should be fitted in the bulwark at both sides of the ship. The mooring ports should be made of cast steel.
6.7.13 Tow line guard posts
The Vessel should have two tow line guarding posts made from a pipe fitted in two holes in the top of the aft bulwark; and storage for the towing pins should be provided.
6.8.0 Superstructure
6.8.1 General description
The superstructure should display a compact deckhouse with stainless steel funnels at the aft with a raised Wheelhouse on top. The lay-out should give an unobstructed view in all directions (360°). The design should ensure that the Wheelhouse should not be easily damaged when coming alongside (i.e. heeling).
6.8.1.1 The Deck house should have; a. Two steel W/T access doors with deadlights on the sides and one at the aft main deck. b. Four windows at starboard c. Four windows at port side
6.8.1.2 The wheelhouse should have:
a. Eight sky windows with anti-glare b. Two steel W/T access doors with two fixed windows at each side c. Three large windows with anti-glare at the front d. Two large windows with anti-glare on each side e. Three large windows with anti-glare at the aft
6.8.2 Superstructure scantlings (mm) – minimums a. Side and aft plating : 6 b. Wheelhouse front : 6 c. Top / bridge deck plating : 6 d. Deckhouse front : 7 TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 100 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 101
e. Stiffeners flat bulb section sides : 80 x 6/ 100 x 7 f. Deck beams flat bulb section : 80 x 6 g. Web frames deckhouse : 200 x 10 h. Web frames wheelhouse : 160 x 8
6.8.3 Hatches, doors, windows, etc.
6.8.3.1 Hatches
All hatch covers should be watertight by means of gaskets with adjustable stainless hinges, and provided with grease nipples. All outside hatches and doors should be lockable with a sea water resistant pad lock from outside or inside.
The following hatches should be fitted: a. One flush hatch fitted with spring for easy handling on the aft deck for the rudder propeller room/engineers workshop. The hatch cover shall be hinged and be closed by toggles. The hatch should be fitted with a drain gutter draining at the lowest point. b. The Aft deck should be fitted with two flush engine room hatches (for removal of large components from the engine room) whose hatch covers shall be provided with lifting lugs and be lockable by bolts. c. There should be one rudder propeller room/engine room escape hatch on a raised coaming fitted at starboard side on the aft deck whose cover shall be hinged and be lockable by toggles. d. There should be one accommodation escape hatch on a raised coaming fitted at centerline on the fore deck with cover lockable by toggles. e. There should be one store escape hatch on a raised coaming fitted at starboard side on the fore deck closed by toggles. f. There should be one filling and de-aeration locker hatch on a raised coaming fitted at port side on the fore deck closed by toggles.
6.8.3.2 Mounting section AC Room
A welded mounting section to be provided in the bulkhead between AC room and engine room and should be easily accessible
6.8.3.3 Air duct covers
There should be two air inlet gratings for the ventilation of the engine room which can be closed with steel covers.
6.8.3.4 Control lockers fore/ aft deck
There should be fore and aft deck control lockers provided for winch control/ intercom/ emergency control valves with water tight hatches.
6.8.4 Manholes
The fore peak, the chain lockers and all tanks should be accessible via manholes which should be closed by watertight cover plates secured by stainless bolts.
6.8.5 Watertight and weather tight doors
All watertight w.t. steel doors should be fitted with hinges, grease nipples and bronze toggles, equally spaced along circumference.
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A steel weather-tight door ought to be installed on each side of the wheelhouse, fitted with hinges, two toggles and lock.
Also steel weather-tight door ought to be installed on each side of the deck house, fitted with hinges, two toggles and lock.
6.8.6 Windows
The window glass for all windows shall be double glazed with argon filled cavity and be of low emissivity (low-e), low solar gain and hard coated type, hard glass fitted in stainless steel high polished glass fixing rims.
All window glasses should be anti-glare designed
All windows should be tinted
6.8.6.1 Wheelhouse windows
The wheel house should have fixed windows with specified glass thickness appropriate for marine environment
6.8.6.2 Wheelhouse sky windows
There should be green tinted sky windows installed slantwise in the wheelhouse top deck, fitted in metal frames whose sizes should provide optimum view upwards.
6.8.6.3 Deckhouse windows
The deckhouse windows should be closed type, but in each space one opening window is to be fitted.
6.8.6.4 Window wipers wheelhouse
Dual speed, electrical parallel window wipers should be installed on each forward side window, on each front window and on each aft window with independent (individual) electric controls on the main console.
6.8.6.5 Window wash system
Window wash Bronze nozzles should be provided for every window with electric solenoids safely secured to prevent damages from washing water or weather.
6.8.7 Docking and drain plugs
Bronze hexagonal keyhole docking plugs should be fitted to all major tanks. The Tanks should also be clearly labelled.
6.8.8 Stairs, ladders, handrails and platforms
Stairs, ladders and climbing steps (Please specify type and areas of location) a. All exterior stairs should be made of steel with non-slip galvanized perforated steps. b. All Interior stairs should be made of steel with non-slip rubber step covers with provisions of easy location for safe landing in case of power failure. c. All ladders should be made of steel with non-slip steps d. All tanks should be provided with climbing steps and handgrips.
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e. There shall be foldable gangways both sides with safety nets for safe boarding and disembarking
6.8.9 Railings
6.8.9.1 Handrails
a. Provide storm rails of optimal standard size steel pipe wherever appropriate. Support storm rails from underside with welded brackets solid round. b. There shall be galvanized steel handrails, wherever appropriate, made of steel pipe welded at a height approximately 1.0 m with stanchions for adequate support to avoid vibrations. c. Polished stainless tubing shall make the storm rails to consoles and counters in wheel house
6.8.9.2 Engine room railings/protection covers
Where necessary, protection railing of steel pipe 1¼" should be fitted in the engine room and/or protection covers to be fitted e.g. for rotating parts.
6.8.9.3 Floor plates
The shall have non-slip aluminum floor plates in Engine spaces and the steering space. Floor plates should be fastened to bearers with stainless steel countersunk flat head machine screws.
6.8.10 Fenders
6.8.10.1 Cylindrical fenders bow
At the Bow: One cylindrical fenders Ø 1000 mm should be mounted on the fore ship between specified frames with specified vertical heavy duty rectangular (box) fender below forecastle deck level and the other on forecastle deck level.
Specially designed fenders for the bow shall be vertical fitted W or M type rubber fenders on the bow of the tug. They should be of very reasonable cost and great design versatility that enables it to fit nicely onto the Tugs bow contours.
The cylindrical fender on fore ship should be extended on each side of the vessel by a cylindrical fender Ø 700 mm to some reasonable length alongside and be secured by hoisting type slings with tapered ends and both the fenders should be fitted in fender channels to accommodate the slings thereby avoiding unnecessary wear and direct contact during operations.
The cylindrical special formed toughen fenders “sausage fenders” shall be of versatile design, simple to install / fit, with high resilience, durability and high abrasion performance. These fenders should be ozone aging and UV exposure resistance
6.8.10.2 Rubber fender at sides
Each side of the vessel should be fitted with a continuous D-type fender of size 300 x 300 mm, fitted inside fender channels secured by stainless bolts and nuts.
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6.8.10.3 Cylindrical fenders transom corners
The transom corners shall also be fitted with cylindrical fenders of outside diameter 600 mm fitted inside fender channels secured by stainless bolts and nuts.
6.8.10.4 Tyres fender lugs
On the fore ship lugs should be fitted for heavy fender tyres fitting.
6.8.11 Bollards and bitts
6.8.11.1 Bollards
Bollards with double legs should be fitted at fore ship, Single bollards at mid ship and double bollards to be fitted on both sides of the deck on the aft ship. The SWL should be welded on all bollards which must be safely fitted and positioned.
6.8.11.2 Towing bitt aft
A double pole towing bitt approved by Lloyd or equivalent Classification Society shall be integrated in the aft deck construction. The towing bitt shall be of certified steel fairlead type.
6.8.11.3 Towing bitt fore
A triple pole towing bitt approved by Lloyd or equivalent Classification Society should be integrated in the fore deck construction. The towing bitt should be of certified steel fairlead type.
6.8.11.4 Gobeye
On the aft deck a flush gobeye should be fitted on aft deck and the gobeye box is to be provided with ample drainage and an appropriate cover plate.
6.8.11.5 Towing beams
Local tow wire protection rails should be arranged in way of hatches and other obstructions. The protection rails of substantial steel tube construction should be used.
6.8.12 Mast
6.8.12.1 Fixed Mast.
Fixed mast to be fitted with navigational lights and antennae at the aft side of the wheel house top deck, any other attachments to be explained in your bid.
6.8.12.2 Safety system
The mast must be provided with safety system for safe access to the mast, and its full technical and safety description to be included in the bid.
6.8.13 Markings hull and superstructure
6.8.13.1 The following should form hull and superstructure markings a. Name of Vessel (full welded steel stencils), b. Port of registry, and TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 104 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 105
c. company emblem 6.8.13.2 Draught marks
As required by class, draught marks should be continuously welded to the designated plating on both sides of the bow and the stern, giving a defined spacing of the marks in mm.
6.8.13.3 Loadline marks
Both sides of the hull should bare a welded load line mark. Marks of 6 mm steel plate shall be continuously welded to the designated plating.
6.8.13.4 Nameplates
All filling, sounding and de-aeration pipes, valves, pumps, doors, ventilation hatches, tanks, goosenecks, etc. should be marked by nameplates made of material that is not easily wasted by weather (outside-open to sea), engine room and also in accommodation spaces. The name plates to be preferably of bronze material.
Sounding spring loaded sight-glass incorporated with scales in engine room on header tanks should be made of brass. Tank numbers and tank destination MUST be shown on nameplates which should be provided on or close to all sounding: - filling-, air/vent pipes and valves.
Warning and direction signs on engraved plates should be provided. As a minimum, the following should be provided o Engine room fire suppression system is preferable to be Pyrogen or equivalent, aerosol based suppression system. Aerosol release mechanism to be sited in the wheel house. o DANGER – UNIT MAY START AUTOMATICALLY” Warning sign on each Genset and Air Compressors o Warning signs where electrical panels are served by more than one electrical supply (e.g. transfer switch, shore connection panel etc.) o BILGE OVERBOARD VALVE – OPEN IN EMERGENCY ONLY’
6.8.13.5 Miscellaneous markings
Beat welds should mark the following: a. Loaded waterline (paint-line) b. Boundaries of tanks and w.t. bulkheads on hull and deck. c. Manholes, tank no’s and tank destination should be welded on top of and near each Manhole covers. d. Drain plugs, tank no’s and tank destination are welded next to drain plugs.
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6.9.0 Corrosion protection and deck covering
a. Full description of surface preparation, type of cleaning to be used and primer used, should have no deteriorating effect on subsequent welding work or fade with time and be of reputable high quality marine paint as recommended by Class. b. To provide detailed description of how the painting should be carried out before and after installation of engines, auxiliaries, etc. damaged paint work should be repainted in original colours and quality. c. To provide detailed Paint specifications based on “Marine Paint” indicating the quality, total thickness. The paint and paint application should be verified and certified by an inspector of paint manufacturer. d. To provide detailed specified thickness of each coat of the dry film thickness to be applied in number of layers as required by paint manufacturer and included in the offer. e. A detailed painting manual of the complete including the maintenance procedures, materials to use and further relevant recommendations and information, together with a basic maintenance package including paint and tools should be delivered by the yard. f. Special attention should be given to the description of Galvanized surfaces painting plan including surface preparation. g. Paint Schedule, listing all areas and compartments in the vessel, indicating the painting coatings, thickness and final color scheme should be listed in the tables below (Clause 6.9.1 tables)
6.9.1 Paint Coat thickness
The following specific areas shall have specific painting characteristics including number of primer coats, type of primer, number of paint coats and the ultimate thickness should be indicated under each subheading as in table below;
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.1 Hull outside, below load waterline Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.2 Keel cooling channels Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.3 Hull outside, above load waterline Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm)
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6.9.1.4 Area behind rubber fenders Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.5 Superstructure outside Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.6 Bollards, bitts, outside bulwark, stairs, railings, ladder outside, upper railing pipes, firefighting platform, MOB platform, deck equipment (except winches), top of funnels
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.7 Inside bulwark and mast Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.8 Winches and capstan (where applicable). Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm)
6.9.1.9 Weather decks Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
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6.9.1.10 Under wooden deck Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.11 Hull and superstructure inside
6.9.1.12 Accommodation and wheelhouse with paneling Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.13 Accommodation without paneling Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.14 Wheelhouse inside incl. wheelhouse door inside Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.15 Surfaces below deck level without paneling Thickness (μm) (Engine, Steering spaces)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.16 Floors and bottom below floor plates (engine, rudder propeller and steering gear room
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.17 Deck lockers, CO2 lockers, air intakes engine room Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
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6.9.1.18 Wet spaces (e.g. toilet, shower or bathroom) Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.19 Inside of funnels Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.20 Galvanized surfaces outside (handrails, etc.) Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.21 Steps, ladders and stairs inside (except top pipe of stairs) Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.22 Galvanized handrails inside accommodation incl. top pipe of stairs Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
Tanks inside Thickness (μm)
6.9.1.23 Forepeak, cofferdam accom. void and chain lockers:
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.24 Sludge tank, bilge water and sewage tank:
Description /and number of coat(s) of primer/ paint Thickness (μm
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6.9.1.25 Fresh water tanks:
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.26 Lubrication oil, hydraulic oil, fuel oil and all not mentioned tanks:
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.27 Foam tank Thickness (μm)
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.28 Dispersant tank
Description /and number of coat(s) of primer/ paint Thickness (μm
6.9.1.29 Miscellaneous treatment
a. Equipment in Machinery spaces The already painted equipment shall be cleaned, where necessary repaired (painting) and shall be painted in the colour system or of the machinery as it were.
b. Anchors and chain cables The chain cables shall be marked each chain length (27.3 m). Shackle of final cable length should be painted red.
c. Ship's name, draught marks and company emblem The markings should be painted in accordance with the paint system and colour Scheme of Kenya Ports Authority
d. Touch up equipment Paint and painter’s tools to touch up the painting when damaged during working activities should be delivered consisting of: o Approximately 72 litres of each paint, o White spirit approximately 144 litres
o Paintbrushes two dozens o Paint rollers two dozens
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6.9.2 Cathodic protection
The underwater parts of the hull should have cathodic zinc anode protection, sufficient for 5 years in tropical conditions of Mombasa, placed at significant positions. Anodes placed on the ship’s hull should have double plates for welding onto shell plate. Each rudder Kort Nozzle is to be provided with zinc anodes
6.9.3 Anti fouling system (active) o Inside the box cooler chests an anti-growth system should be fitted of the type Impressed Current Anti-fouling system (ICAF). o The system should be fitted with copper anodes sufficient for 3 years in tropical conditions o The copper oxide dosage should be achieved by anodic dissolution, which uses a rectifier installation; with currents flowing between the copper bars (anode) and steel construction (cathode). The ICAF system should be designed to operate at low current and voltage.
6.10. Machinery, Equipment, and Materials
a. The Tenderer shall submit a list of all major equipment and items intended to be installed in the vessel. (Mandatory) b. The Tenderer MUST maintain this equipment list throughout the construction period and submit to Owners Representative as part of production progress report during the milestone progress review meetings as stipulated in Clause 6.1.6 of this tender document. c. For all major equipment and machinery the tenderer shall provide technical datasheets describing performances, dimensions, and weight of all major items of equipment together with the bid for evaluation. d. The tenderer shall provide brochures of all major equipment intended to be installed onboard the tug together with the bid for evaluation. e. All machinery, valves, manifolds, etc., essential for vessel operations should be arranged in the machinery spaces in orderly and efficient manner and be indicate in the Drawings submitted with the bid for evaluation. f. Safe access to all machinery, equipment, and fittings should be provided g. All machinery and equipment should be provided with lifting arrangements. Thus the tenderer shall provide load rated, lifting arrangements over main machinery as follows; i. Over main engines, drive units, shafts, coupling, pumps, and auxiliary engines as required to safely lift each equipment; ii. Provide six eye (6) additional eye plates at suitable backing structure, and iii. Mark all lifting devices with SWL in (Kgs)
h. Guarantee (Mandatory) i. Tenderer to guarantee , its systems, and all components free of defects of material or workmanship for a period of two years (2 yrs.) after delivery and acceptance, subsequent to satisfactory completion of all tests and trials ii. In case of failure of any structure, system or components, the Tenderer will immediately take steps to rectify the fault with utmost dispatch. Detailed response plan to be included in the bid for evaluation.
6.10.1. Propulsion system
a. The design and lay-out of the propulsion installation should be in accordance to the Builder's standards and with the relevant rules of the classification society and should be such that permanent attendance in the engine room is not required. Proposed draft drawings to form part of bid.
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b. SB and PS propellers configuration and direction of rotation for maximum performance should be included in the proposed propulsion system description. c. All machinery shall be of first class marine type and the installation should be laid out for easy watch-keeping, accessibility for servicing and maintenance. d. Start and stop of main and auxiliary engines should be in the engine room with a provision of starting the Main engines from the bridge included, from the Switchboard (Control) room and local. The Auxiliary sets should have local starting mechanism and also be started from the Engine Control room and fitted with power management system.
6.10.1.2.1 Main Engines
a. The should be propelled by two Caterpillar Marine Diesel Engines – 3500 series over 2500 kw (3400 mhp) @ 1800 rpm, each of the latest IMO Tier II compliant, connected by a straight shaft line to a rudder propeller. For the shaft arrangement both torsional and lateral (bending) vibration analysis should be performed to avoid resonances in the working speed range. b. Propulsion Diagram, performance curves, dimensions & Engine rating to be provided for evaluation. c. Engine performance data sheet in relation to its bhp, engine revs, vessel speed, bollard pull ahead and bollard pull astern with draught should be attached herein. d. The Caterpillar Main Engines should have two air starting systems on each main engine, one being a back of the other. e. The engines should be water cooled by means of box coolers. f. The tenderer should provide the Caterpillar Type of Engines to be installed which shall give the required power and maneuverability. The engine characteristics and ratings should be included in the description. g. The main engines should be resiliently installed on top plates or engine brackets, which are welded on the longitudinal bottom girders. A flexible coupling should be installed between the engine and intermediate shaft.
6.10.1.3 Reduction Gear
i. Slipping Clutch A slipping Clutch coupling to be integrated in the thrusters and should be able to control the maneuverability by controlling the propeller speed. A safety measure should be such that below idle speed, the coupling should modulate and be fully engaged. ii. Appropriate alarms and instrumentation for the system must be provided.
6.10.1.4 Shaft Propeller
a. Straight line Shafting should consist of the following
i. One shaft ii. One bow teeth coupling iii. One bulkhead seal iv. Shaft bearings v. Flexible coupling
b. Rudder Propellers
Azimuth Stern Drive propellers should be fixed pitched propellers made from Bronze, manufactured by Rolls Royce (for standardization with the present ASD fleet)
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Steering pumps should be mechanically driven with spare V-Belts for Rolls Royce units fitted ready for use.
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6.10.1.5 Control System Propulsion
o The design and lay-out of the control and alarm system should contain the complete control of the propulsion installation and propeller units from the wheelhouse control panel.
o Local hand controls should be provided so that it is possible to operate essential machinery and steering gear with the wheel house control out of order or in failure mode with head set communication.
o All Consoles should be made of steel and all instrumentation should be marine type of proven brand, type and make.
6.10.1.5.1 Wheelhouse Control Station
o Main engine speed and slipping clutch should be electrically operated by remote control from the wheel house desk with one handle for each main engine incorporated in the steering control of Rolls Royce Make, and Combinatory type. A back up for the engine speed and steering motion should be installed on the wheelhouse console.
o Tenderer should include detailed description of the lay out and list the types of instrumentation and alarms to be provided on the console
o There should be two overhead consoles in the wheel house one between the Wheelhouse centre sky window and front window and one to be fitted between the wheel house centre sky window and aft window.
o All instrumentation and alarms with their description should be provided for evaluation
6.10.1.5.2 Controls and alarms in engine room / rudder propeller gear room
o The Main engines and all auxiliary engines should have local controls for operation purposes with full instrumentation and alarms fitted for monitoring purposes.
o All instrumentation and alarms with their description should be provided for evaluation
6.10.1.5.3 Alarms Propulsion Installation
o All alarms for propulsion installation should be individually presented in the engine room, switchboard (Control) room and in the wheel house. The tenderer to provide a list of all appropriate Alarms to be mounted for the system monitoring.
o Shut downs should be fitted and the list of these shut downs (stops) should be provided in the bid.
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Note: Accept push button should be installed to reset the acoustical alarm and to indicate acknowledgement
6.10.1.6 Steering Gear System
6.10.1.6.1 Steering Gear General
o Single hand control units should be fitted in the wheel house.
o Rudder propellers should be activated by hydraulic steering gear
o This single-hand control should allow combined actuation of steering and engine speed by one hand for each rudder propeller with a follow-up steering system.
6.10.1.6.2 Hydraulic Piping:
Seamless steel precision pipes are to be installed between each rudder propeller and steering pump with high pressure hydraulic hoses used where necessary. All pipes should be clearly marked, indicating direction and usage.
6.10.1.6.3 Emergency steering
An emergency steering should be provided so that incase the normal steering system fails, the steering can be switched to a non-follow-up system (24V) operated by means of pushbuttons in the wheelhouse dashboards. In addition, the rudder propellers should be operated locally in the rudder propeller room (non-follow up system).
6.10.1.6.4 Spare Hydraulic Tank
A spare hydraulic tank for the steering system should be fitted in the rudder propeller room
6.10.2 Primary Ship Systems
a. Pumps
Quality, Make of pumps, their suitability and their installation should be according to Class requirements
b. Piping.
The design and layout of piping system, the materials, installation and testing should comply with the relevant rules of Class and other Regulating Authorities and IMO requirements.
Pipes, Valves, Fittings, and associated equipment should be critically selected to be suitable for the working pressure to which they may be subjected in service and test to static pressure test 1.5 times working pressure for a minimum of 120 seconds. Unless otherwise stated, Quick Closing Valves (Spring –Loaded Shutoff Valves) should be fitted to all fuel oil and lube oil tanks.
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c. All pumps and/or equipment be provided with Shut-Off valves on suction and delivery
sides to isolate the system during maintenance
d. Systems design and layout drawings should be provided
e. Ample space should be provided in and around piping for servicing, disassembly, and
removal or equipment and components
f. Take-down joints should be provided to facilitate removal of equipment and piping for
effective and efficient maintenance and repair works.
6.10.3 Bilge, Ballast and Internal Fire Fighting System
6.10.3.1 Bilge System
i. There should be a bilge pumping system capable of pumping out each hull compartment in accordance with Class requirements. Each watertight compartment or bilge wells should have high level bilge alarms. All suction line ends, bronze or stainless steel strainer baskets should be fitted.
ii. The bilge water tank and the dirty oil tank should be able to discharge to shore through central deck connection through a removable discharge hose 20m.
iii. General service pumps suction connections on the sea water inlet and should be provided as the pressure side with Storz Valves in the engine room, at the main deck and at the forecastle deck for firefighting and or deck washing.
iv. The design should be such that the Pump and system can enable the bilge pump to serve as a backup to fire pump.
6.10.3.2 General Service / Fire Fighting / Bilges Pumps
There shall be three electrically driven centrifugal general service pumps of self-priming type installed in the engine room. The Impeller should be of bronze and both pumps should be standby for each other. Note: For standardization purposes, only Type Sterling AKHA 6101 of not less than 32M³/h is recommended.
6.10.3.3 Bilge Water Separator
Bilge water separator should be fitted to separate dirty bilge water from the bilge water tank. Extracted water with an oil content of max 15 ppm should be pumped overboard whilst the
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oil residue should be collected in the dirty oil tank. A ppm. monitor with alarm and Auto shut should be fitted. Note: For standardization purposes, only Type Facet of not less than 0.5M³/h should be installed.
6.10.3.4 Bilge water discharge
The bilge water tank should be discharged to shore through a central deck connection for sludge, dirty oil and bilge water by the dirty oil pump. A removable 20m hose pipe for discharge should be provided.
6.10.3.5 Fire Fighting Pumps
The general service pumps should be connected to the sea water inlet and act as firefighting pumps.
6.10.3.6 Deck Hydrant
Two deck hydrants with 2" Storz hose couplings should be connected to the sea water inlet via the general service pump.
6.10.3.7 Fire Hoses on Deck
Four fire hoses of 15.0 m length and equipped with three adjustable nozzles and four 2" Storz couplings should be stored in a box at the aft deck.
6.10.3.8 Engine Room Hydrant
Two engine room hydrants with 2" Storz hose couplings should be connected to the sea water inlet via the general service pump.
6.10.3.9 Fire Hose Engine Room
Four Hoses of 10M length, equipped with two nozzles and four 2’’ Storz couplings to be stored on reels in the engine room.
6.10.3.10 Emergency Fire Pump
A portable diesel driven fire-fighting pump (Angus or Hatz type or Johnson) with hose and nozzle, should be stored in a compartment in the weather deck. A 3M suction pipe should be fitted with a foot valve at the suction end.
Note: Portable Pump of capacity not less than 30 m³/hr. is recommended. This pump should be constructed with materials that withstand corrosion on deck and wasting away of the unit. The pump’s impeller should be made of Bronze material.
6.10.4 Fuel Oil System
The fuel oil system should be designed for both Main Engines and auxiliary engines. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 117 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 118
6.10.4.1 Fuel Oil Piping o The Fuel Oil bunker tanks and fuel oil service tank should be connected via valves to fuel transfer pump
o Fuel Oil Purifier should be installed to purify and transfer fuel oil from any one of the bunker tanks to the service tank.
o Fuel header pumps should be able to supply all fuel from service tanks to the header tanks.
o Each header tank should be equipped with Low Level Alarm-Switch, a gauge glass and drain with self-closing valve.
o The service tank should be fitted with a low level alarm and a high level alarm.
o All the bunker tanks to be fitted with high level alarm.
o There should be a provision that the fuel oil tank valves can be remotely quick closed from the main deck (emergency stopping).
6.10.4.2 An Electrical driven fuel Transfer Pump shall be fitted to transfer fuel between bunker tanks.
Note: For standardization purposes, Only Type STERLING AKHA 5101 of capacity not less than 20 m³/hr. shall be accepted.
6.10.4.3 Fuel Oil Purifier
The fuel oil purifier should be used to transfer the fuel from the bunker tanks to the service tank and in the process to purify the service tank itself (looped use of purifier).
Note: For standardization purposes, only Make Westfalia of capacity not less than 1740 ltr / hr. shall be accepted.
6.10.4.4 Fuel Header Pump
An Electrically driven header pump should be provided to transfer fuel oil from Service tank to the header tank. The header tank should be independent of service tank Note: For standardization purposes, only Make STERLING TYPE AOHA 3101 of capacity 4.5m³/hr. shall be accepted.
6.10.4.5 Water Separator
Duplex change-over fuel water separator (Make Separ, type SWK-2000) should be mounted in both PS and SB fuel oil lines between header tank and engines. Separ fuel water separators to be fitted with standard Separ Filter-Element (30 microns) with a low pressure alarm switch at 0.15 bar. An alarm for sensing presence of water should be provided.
6.10.4.6 Duplex Fuel Oil Filters
Duplex fuel oil filters should be incorporated in each main engine and generator engine lay- outs.
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6.10.5 Cooling water System
The cooling water system of main and auxiliary engines should be of the box cooling type. The box type heat exchangers should be fitted in sea chests, situated in the engine room and connected to fresh water cooling systems. The fresh water cooling for each engine should be closed system with cooling water pumps driven by the engines. The main engines should be fitted with separate high and low temperature circuits (HT-LT system).
6.10.5.1 Fresh water cooling circuit
The fresh water cooling systems should be of the closed type and pressure gauges installed in the lines. De-aeration plugs and drain valves to be fitted at suitable places in the fresh water cooling systems of each engine. For each diesel engine an expansion tank is installed.
6.10.5.2 Fresh Water Cooling Pumps
Fresh water cooling pumps to be incorporated in each engine lay-out.
6.10.5.3 Box Coolers
Separate box type heat exchangers should be installed in sea chests in the engine room for cooling the main and auxiliary engines. The chests should be opened for inspection on the Vessel's exterior. The heat exchangers should have adequate capacity for cooling the engines at 100% power rating with a seawater temperature of 35°C and a fouling allowance of 10%. Recommended make is: NRF or equivalent. A provision should be made for blow down of the cooler boxes with compressed air.
6.10.6 Fresh Water System
The fresh water tanks should be connected to pressure set which supplies fresh water to the taps in toilets, galley and engine room and to the window spray system. All steel piping should be galvanized. At the taps and/or other fixtures flexible hoses or copper piping should be used while valves should be of bronze. Dead ends of fresh water pipes will not be longer than 5 times the diameter of the considered pipe.
6.10.6.1 Fresh water pressure set
Fresh water for washing(i.e. washbasins ,showers, deck taps) and flushing(i.e. toilets) should be supplied by two (2) electrically driven flexible mounted pressure set consisting of a pressure tank of 110 litres with a centrifugal pump supplying each system(washing and flushing) . Note: For standardization purposes, only Make: STERLING, Type: HBK 111 / AOHA 3101 shall be acceptable.
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6.10.7 Sanitary Discharge
6.10.7.1 Sanitary / Flush System
The toilets should be flushed with fresh water, which is to be supplied by a two (2) fresh water pressure sets, through copper pipes. The drainage of washbasins, showers, toilets etc. should be via steel pipes to the sewage tank. This tank is provided with a high-level alarm-switch and a connection for flushing. The sewage from the sewage tank should be discharged overboard by the sewage treatment plant or to shore by the sewage pump through a 20 m hose.
6.10.7.2 Sewage pump One electrically driven sewage pump to be fitted with an automatic shut off to be provided by a time switch and a manual override. Note: For standardization purposes, only Sewage Pump Make Libellula, Type L1 – 3H of capacity not less than 6.6 m3/hr. shall be acceptable.
6.10.7.3 Sewage treatment plant A sewage treatment plant should be fitted on the lower deck. Note: For standardization purposes, only Make Hamann, Type Supermini+ for capacity of 12 persons shall be acceptable. The sewage treatment plant should be able to be flushed with sea water for cleaning purposes.
6.10.8 Filling, Sounding and De-aeration System
a. All fuel oil tanks should be fitted with a central filling and de-aeration system and fitted with an overflow tank alarm. Each fuel tank (except header tank) should be fitted with a sounding pipe. b. All sounding and filling pipes above deck, with screwed caps, should be of stainless steel and fitted with drip trays. c. The fuel oil and fresh water de-aeration pipes should be equipped with de-aeration caps with a (self) closing device. Fuel oil caps should be fitted with flame traps. d. All filling pipes should have lockable bronze caps, secured by stainless steel chains. e. The fore and aft peak should be provided with sounding and de-aeration pipes. All sounding pipes should have bottom strips and run to the bottom of their respective tanks. f. The filling and de-aeration fitted with flame traps for fuel oil, lubrication oil, dispersant, foam and the g. Discharge for dirty oil, sludge and bilge water should be situated in the central filling and de- aeration station starboard side in the deckhouse. h. The filling and de-aeration for fresh water and the discharge for sewage are i. Situated in the filling and de-aeration locker at port side on the forecastle deck.
6.10.8.1 F.O. tank / Fresh water measurement system In addition to the sounding pipes a tank content, measurement system should be fitted in the fresh water tank and all fuel oil tanks. The measurement should be based on a sensor system connected to the monitoring/alarm system. The tanks contents readings should be in the control room.
6.10.9 Lubrication Oil System
The clean lubrication oil tanks should be located in the engine room with steel filling and de- aeration pipe to the main deck and a sounding pipe in the engine room. The sumps of main and auxiliary engines should be able to be filled from these tanks. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 120 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 121
6.10.9.1 An electrically driven lubrication oil fill pump should be fitted, pumping oil from the clean Oil tank to fill in the main engines sumps. A 10 m hose should be provided. Note: For standardization purposes, only Pump type STERLING R 35/25 of capacity not less than 2.1 m³/hr. at 4 bar shall be acceptable.
6.10.9.2 Manual Pump
A manual pump with drip tray should be fitted in the engine room and connected to the smallest clean oil tank to fill the Auxiliary engine sumps with a can.
6.10.9.3 Dirty Lube Oil Pump
There should be a provision for emptying the main engines sumps into the dirty oil tank via an electrically driven pump, recommended is Magator Type L 125V-DBP (or equivalent) of capacity not less than 3.0 m³/hr. at 2 bar. A 10 m hose should be provided. The Auxiliary engine sumps should be emptied via their own built on manual pumps in to the dirty oil tank.
6.10.9.4 Sludge Pump
A dirty lubrication Oil pump should be used to empty the sludge tank, connected to deck for discharge to shore.
6.10.9.5 Lubrication Oil Coolers Lubrication Oil should be fresh water cooled, and the coolers be integrated in the engines lay out.
6.10.9.6 Pre-Lubrication Oil Pump
There should be an integrated electrically driven Pre-lubrication oil pump fitted on each main engine, with an automatic control and a provision of starting/stopping in manual mode.
6.10.10 Ventilation, Air-Conditioning and Heating System
6.10.10.1 Natural and Mechanical Ventilation System a. Forced ventilation should be provided for in; Wheelhouse, accommodation, engine room, rudder propeller room and stores with the Air velocity not exceeding 5 m/s at outlets and 3 m/s at inlets. b. Acceptable air velocities for Secondary ducts and main ducts shall be 12m/s and 15m/s respectively. c. Care should be exercised to ensure water does not stagnant in the ducts and the system to be sea water resistant.
6.10.10.2 Forced Ventilation Engine Room
Engine room should be supplied with fresh air for ventilation and air suppletion for the engines and air compressors by two electrically driven double speed ventilators of air capacity 20000 / 40000 m³/h of type SOLAR or equivalent.
6.10.10.3 Forced Ventilation Rudder propeller spaces
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The rudder propeller spaces should be supplied with fresh air by fitting two fans of capacity not less than 900 m³/hr. each
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6.10.10.4 Forced Ventilation Store on Lower Deck
The Stores on lower deck space should be supplied with fresh air by fitting one fan of capacity not less than 500 m³/hr.
6.10.10.5 Forced Ventilation Wheelhouse and Accommodation Spaces
The Wheelhouse and Accommodation Spaces should be sufficiently supplied with fresh air by fitting by forced ventilation which should supply fresh air through ducts to various compartments, and every fresh air outlet to be controllable locally.
6.10.10.6 Extractor Fans
a. There should be an extractor fan fitted in the sanitary spaces below main deck with capacity not less than 200 m3/hr. b. There should be an extractor fan fitted in the sanitary spaces main deck with capacity not less than 100 m3/hr. c. There should be an extractor fan fitted in the dry store space below with capacity not less than 100 m3/hr. d. There should be an extractor fan fitted in the galley spaces with capacity not less than 300 m3/hr.
6.10.10.8 Air Conditioning System for Wheel house and accommodation a. The Wheelhouse and accommodation spaces should be sufficiently and reliable supplied with conditioned air to comfortable working environment with dedicated spaces thermostat. Care should be taken to ensure that; the Cooling Compressor, the Central fan and the Condenser requiring maintenance is easily accessible.
b. Separate air conditioning unit should be fitted in the Main Switchboard Room (Control Room), consisting of a water cooled self-contained unit fitted in the engine room with air ducts to the Control Room
c. A closed fresh water cooling system connected to a cooler box should be installed to provide cooling of the condensers of the air conditioning system
6.10.11 Exhaust System
6.10.11.1 Exhaust Piping
Exhaust should be made from steel pipes insulated with heat resistant material with stainless steel compensator fitted between exhaust manifolds and exhaust pipings.
6.10.11.2 Exhaust Silencers
Exhaust silencers for the main engines and auxiliary engines should have a total capacity of not more than 45dBA with the exhaust pipes insulated with minimum 50mm heat resistant material
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6.10.11.3 Spark Arresters
The exhaust silencers should be provided with spark arrestors of a type suitable for LNG terminals
6.11.0 Electrical Installation
General description o The design and lay-out of the electric system, the materials, installation and testing should be in accordance to Class and I.E.C. requirements. o All electric cables and materials should be for marine application and adequately protected against corrosion and in accordance with requirements for safe and efficient operation of the equipments. o All external material and fittings should be weatherproof marine quality. o Clearly marking and labelling should be provided for all cables, sockets, switchgear, distribution boxes, etc. showing voltages, functions, etc. o Megger tests should be carried out on all electric circuits and report prepared to be handed in at delivery of the tug.
All Electric motors onboard should comply with I.E.C. standards and for the supply to the electric consumers and installations the following networks ought to be provided; i. A bipolar battery network, nominal voltage 24 V for ship consumer’s network. ii. A bipolar battery network, nominal voltage 24 V for starting network. iii. A bipolar battery network, nominal voltage 24 V for emergency network. iv. A bipolar battery network, nominal voltage 24 V for radio network. v. A lighting network, nominal voltage 240 V, 50 Hz, connected between phases and neutral of the power network. vi. A power network, nominal voltage 240/415 V, 50 Hz 3 phases with neutral. vii. Neutral earthed at one point in the main switchboard.
NOTE: all lightings shall be L.E.D Type
6.11.1 Power generating system
6.11.1.1Transformer / rectifier
A transformer / rectifier 415 V A.C. to 24 V D.C. should be fitted, for normal supply to ships consumers network and connected in parallel with the ships consumers battery set, which should be charged by a battery charger.
The voltage of the battery charger should be lower than the voltage supplied by the transformer / rectifier.
In the event of a blackout in the power network, the ships consumers battery set must automatically supply the ships consumers network (back-up supply). Alarm should be indicating the change-over to battery supply.
6.11.1.2 Battery set 24 V - ships consumers network
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There should be Four batteries, 12 V 200 Ah each, combined to one battery bank, 24 V 400 Ah, for back-up supply of the ships consumers network with Low voltage alarm fitted.
6.11.1.3 Battery set 24 V - starting network
There should be Four batteries, 12 V 200 Ah each, combined to one battery bank, 24 V 400 Ah, to feed the network for starting the main and auxiliary fitted with a Low voltage alarm.
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6.11.1.4 Battery set 24 V - emergency network
There should be one battery bank, 24V D.C. for the emergency network fitted with Low voltage alarm.
6.11.1.5 Battery set 24 V - radio network
There should be one battery bank, 24V D.C. for the radio network fitted with Low Voltage alarm.
6.11.1.6 Battery charging
There should be one battery charger for every battery set.
6.11.1.7 Generator sets
There should be three generator sets; two main Generators and a Harbour Generator. Each consisting of a generator with a built in auto voltage regulator driven by Cummins marine diesel engine installed in the engine room, with the engine being compressed air started and stopped from a control panel mounted on the engine, from the main switchboard room (control room).
The three Generators should be individually controlled from a centralized Power Management System
a) The generator sets should be fitted with: o A cooling water temperature indicator o A lubrication oil pressure indicator o A running indication light o A running hour counter
b) There should be Alarm lights for: o Lubrication oil pressure low o Lubrication oil temperature high o Cooling water temperature high o Cooling water level low o HT cooling water pump diff. pressure low o Fuel oil pressure low o Level fuel oil drain tank high
c) The generator set should automatically stop at: o Cooling water temperature high (2nd stage) o Lubrication oil pressure low (2nd stage) o Over speed
d) The generator sets should be fitted with auto start system. In case of failure of a set, the stand-by set should automatically start and take over.
6.11.1.8 (i) Two Main generator sets & One Harbor Generator o Engines make Cummins Marine Diesel Engine. o Generators make recommended is Newage or equivalent. o Capacity 125 kVA
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o Voltage 240/415 V o Phase(s) 3 o Frequency 50 Hz o Crank case de-aeration integrated o Anti-condensation heating built in o Number installed 3
Note: The generator sets should be suitable for parallel operation for take-over purpose.
6.11.1.9 Shore power supply connection
There should be a 125 Amp. Shore connection being part of the main switchboard. Socket outlets with male contacts to be arranged in a locker at each side of the deckhouse and delivered with a Shore power supply connection cable of 50 M with a 3 phase female plug (shipside) and a male plug (shore side). An extra female plug should be delivered for adaptation to the shore system.
A provision should be provided to be able to connect through shore power connection from one tug to the other
The shore power supply connection should provide power for: o Impressed Current Anti-Fouling system o Fresh water pressure set o Fresh water heater o 60% of the lighting o Ventilation / air-conditioning / heating installation o One engine room fan o One general service pump o Rectifiers o Anti-condensation heating generator sets o Battery chargers o Galley equipment o Laundry equipment
6.11.2.0 Cables and wiring
6.11.2.1 Cables
All Electric cables should be stranded conductor type. Cables for signaling and communication with a voltage less than 100 V should have a minimum cross-section of 0.75 mm². Other cables to have a minimum cross-section of at least 1.5 mm².
Cables for electronic equipment with earth-screen should be used and be adequately separated from the high voltage cables.
Fire resistant cable should be used for: o Fixed firefighting system o Towing hook quick release system o Emergency release towing winch fore o Emergency release towing winch aft
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6.11.2.2 24V network The 24V installation should be for bi-polar and insulated from earth for the following networks: o One for supplying ships consumers’ network. o One for supplying starting network. o One for supplying emergency network. o One for supplying radio network.
6.11.2.3 240V network
A lighting network, nominal voltage 240 V - 50 Hz 1-phase
6.11.2.4 230/400V network
A power network, nominal voltage 240/415 V - 50 Hz 3-phases
6.11.3. Switchboards a. All materials and constructions should be shock proof, suitable for tropical conditions, and according to Classification requirements b. Busbars should be of hard drawn high conductivity copper of adequate cross section to support the maximum load. Busbars should be provided along the entire length of the switchboard on convenient location. c. In front of the main switchboard, in the switchboard room as well as in the technical space under the wheelhouse, a rubber matt (carbon free) should be laid. d. All live parts should be covered to prevent contact when switchboard doors with door positioners are opened. Outside the switchboard insulated handrails should be fitted.
6.11.3.1 Starter boxes and switchboards 240/415V a. Switchboards should be closed type, fitted with control lights. b. Motors out of sight of the operator should be provided with an isolating safety switch near the motor. c. Overload protection switches should be of the thermal triple pole type with temperature compensation and hand-reset. d. The maximum voltage of pilot circuits should be 240 Volts. Essential pilot circuits should be protected separately. e. Fuel oil pumps, lubrication oil pumps, hydraulic pumps, engine room ventilators should be connected to the emergency stop near the entrance of the engine room and the control of the fixed firefighting installation. f. The Ventilation system of the wheelhouse and accommodation should be connected to the emergency stop in the wheelhouse.
6.11.3.2 Measuring instruments
Meters in the switchboard should be provided with red marks at nominal limits. Ampere meters should be fitted for motors consuming 10 KW or more.
6.11.3.3 Switchboard 24 V wheelhouse
The 24V switchboard should be installed in the technical space below the wheelhouse and provided with: a. Supply connections: o Main supply from switchboard 24 V ship consumers network o Emergency supply from emergency battery set
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b. There should be combined switches/automatic circuit breakers for the following outgoing circuits: i. Navigation lights (emergency supply from the emergency network): o . Sidelights o . Masthead light o . Stern light o . 2nd Masthead light o . 3rd Masthead light
ii. Towing light (emergency supply from the emergency network) iii. Anchor light (emergency supply from the emergency network) iv. R.I.M. /N.U.C. lights (emergency supply from the emergency network) v. Window wipers vi. Window wash system vii. General alarm (emergency supply from the emergency network) viii. Emergency lighting accommodation (emergency supply from the emergency network) ix. Emergency lighting wheelhouse (emergency supply from the emergency network) x. Emergency lighting engine room / rudder propeller room / workshop / store (emergency supply from the emergency network) xi. Emergency lights life rafts (emergency supply from the emergency network) xii. Fixed firefighting system (emergency supply from the emergency network) xiii. Chart table lamp (emergency supply from the emergency network) xiv. Dashboard lighting xv. Line pull measurement towing winch forward o Line pull measurement towing winch aft o Remote control firefighting monitors o Signal lamp
xvi. Horn (emergency supply from the emergency network) xvii. Radar (emergency supply from the emergency network) xviii. Speed log xix. Autopilot with interface to magnetic compass xx. GPS (also 230 V supply from switchboard room) (emergency supply from the emergency network or radio network) xxi. Echo-sounder xxii. Intercom (emergency supply from the emergency network) xxiii. CCTV (also 230 V supply from switchboard room) xxiv. VHF (2) (also 230 V supply from switchboard room) (emergency supply from the emergency network or radio network) o SSB (also 230 V supply from switchboard room) (emergency supply from the radio network) o Inmarsat (2) (also 230 V supply from switchboard room) (emergency supply from the emergency network or radio network) xxv. AIS xxvi. 2 Spare switches
6.11.3.4 Switchboards 24 V main switchboard room (Control Room)
The following 24 V switchboards should be found in the Main switchboard room; a. Switchboard 24 V starting network: TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 129 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 130
o Volt meter and ampere meter of the battery set supplying the starting network o Earth fault detection of the starting network battery, transmitted to the alarm system. o All relevant shunts. o All relevant fuses. o Voltage protection relays. o Battery change-over facility.
b. Supply connections: o Main supply from starting battery set o Emergency supply from consumer battery set
c. Circuit breakers for the following outgoing circuits: o Starting motor port side main engine o Starting motor starboard main engine o Starting motor port side generator set o Starting motor starboard generator set o Starting motor fifi set
d. Switchboard 24 V ship consumers network o Volt meter and ampere meter of the battery set supplying the consumers network o Earth fault detection of the consumers network battery, transmitted to the alarm system. o All relevant shunts. o All relevant fuses. o Voltage protection relays.
e. Supply connections: o Main supply from transformer/rectifier o Emergency supply from consumer battery set
f. Circuit breakers for the following outgoing circuits: o Switchboard 24 V wheelhouse o Port side main engine o Starboard main engine o Port side rudder propeller o Starboard rudder propeller o Port side generator set o Starboard generator set o Fifi set o Alarm system o Hydraulic system o 2 Spare switches
g. Switchboard 24 V ship emergency network o Volt meter and ampere meter of the battery set supplying the emergency network o Earth fault detection of the emergency network battery, transmitted to the alarm system. o All relevant shunts. o All relevant fuses. o Voltage protection relays.
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h. Supply connections: o Main supply from transformer/rectifier o Emergency supply from emergency battery set
i. Circuit-breakers for the following outgoing circuits: o Switchboard 24 V wheelhouse o Port side main engine o Starboard main engine o Port side rudder propeller o Starboard rudder propeller o Port side generator set o Starboard generator set o Fifi set o Alarm system o Hydraulic system o 2 Spare switches
6.11.3.5 Switchboard 240 V wheelhouse
The 240 V switchboard should be fitted in the technical space below the wheelhouse and be provided with the following:
a. Supply connections: - Main supply from switchboard 230/400 V main switchboard room b. Circuit breakers for the following outgoing circuits: o Re-heaters wheelhouse (duct type) o Emergency network battery charger o Fire detection system o Lighting corridors o Searchlights o Deck lighting o Central aerial system o Wheelhouse lighting / sockets o Floodlights o Battery charger radio network o Battery charger helmsman seat o Charging units hand-held VHF o 2 Spare groups single phase 230 V
6.11.3.6 Switchboard 240/415 V main switchboard room
The main switchboard should be located in the main switchboard room (Control Room). A busbar separator should be installed between two sections of the main switchboard and the power supply of both generators and consumers should be divided over both sections.
a. The switchboard should be provided for every installed generator with: o A four pole motor driven generator circuit breaker with thermal overload, magnetic short circuit protection, no voltage coil and protected against undesired switching. o Selector switch manual / off / stand-by (signal lamp stand-by) o Pushbutton breaker on with signal lamp o Pushbutton breaker off/reset with signal lamp TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 131 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 132
o Signal lamp breaker tripped o Pushbutton start generator with signal lamp o Pushbutton stop generator with signal lamp o A voltmeter with selector switch for measuring between phases and between phases and neutral. o A frequency meter. o Three ampere meters with current transformers. o Kilowatt meter. o All relevant relays. o All relevant fuses.
b. The switchboard is provided for the shore connection with: o A four pole motor driven generator circuit breaker with thermal overload, magnetic short circuit protection, no voltage coil and protected against undesired switching. o Automatic phase change over o Pushbutton breaker on with signal lamp o Pushbutton breaker off/reset with signal lamp o Signal lamp power available o A voltmeter with selector switch for measuring between phases and between phases and neutral o An ampere meter with current transformers and selector switch for measuring each phase.
c. The system should also provide start equipment for individual items including; o A 3-pole circuit-breaker o A contactor o A thermal relay o A start and stop push button or a hand/auto-switch for automatic equipment o A running light with short circuit protection for essential services
d. Control positions: o M = main switchboard room o R = Remote control cabinet o L = Local o I = Integrated in starter box equipment o W = wheelhouse o WS = Work switch
e. The following Consumers should have circuit breakers in the main switchboard 415V: o Bilge/general service pump 1 o Bilge/general service pump 2 o Bilge/general service pump 3 o Bilge water separator o Transfer pump for fuel oil o Pump for fuel oil header tanks o Fuel oil purifier I o Freshwater pressure set o Freshwater heater o Sewage pump
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o Clean lub. oil pump o Dirty oil pump o Pre-lubricating oil pumps main engines (separate starter box on engine) o Engine room fans M/R o Ventilation rudder propeller room o Ventilation store lower deck o Ventilation CO2 locker o Ventilation wheelhouse and accommodation (separate starter/control box in switchboard room) o AC compressor with running hours counter (separate starter/control box in switchboard room) o Cooling water pump AC system o Heating wheelhouse and accommodation (separate starter/control box in switchboard room) o Additional heating engine room o Transformer/rectifier o Capstan o Auxiliary hydraulic oil pump o Cooling water pump hydraulic system o Dispersant pump o Deck connection (salvage pump) o Cooker o 2 Spare groups triple phase 400 V
f. The Following consumers should have circuit breakers in the main switchboard 230 V, A circuit breaker should be automatic switch with thermal overload protection and short circuit protection. o Supply 230 V switchboard wheelhouse o Impressed Current Anti-fouling system o Sewage treatment plant o Extractor fan sanitary spaces
o Extractor fan galley o Extractor fan dry store o Additional heating accommodation o Anti-condense heating generators o Battery charger ship consumers network o Battery charger starting network o Battery charger emergency network o Battery charger radio network o Lighting engine room / rudder propeller room / engineers workshop o Lighting store / laundry lower deck o Lighting accommodation below main deck o Lighting accommodation main deck (3 groups) o Sockets engine room / rudder propeller room / workshop / store o Sockets lower deck o Sockets below main deck o Sockets main deck o Combined refrigerator / freezer o Combined microwave / oven o Freezers o Washing machine o Dryer TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 133 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 134
o 2 Spare groups single phase 230 V
6.11.4 Alarm system
An integrated control system should be fitted for central control and display of information
Note: For standardization purposes, only Make Praxis Automation of type Mega- Guard shall be accepted a. The alarm system should consist of not less than the following main systems: o Alarm, monitoring and control system o Extension alarm system o Conning screen
b. The following workstations should be fitted: o Main switchboard workstation o Remote control cabinet workstation on main deck o Two workstations in the wheelhouse
c. Each workstation should consist of: o Display (17’’ touchscreen on bridge, normal 17’’ screen elsewhere) o Keypad o Trackball d. The following panels should be fitted: o Engine room attended/unattended panel near E.R. entrance o CE cabin and mess room panels o Central filling station panel
6.11.4.1 Alarm, monitoring & control system
The alarm system should comprise of a number of alarms for the propulsion installation and other functions. The alarms (except for the auxiliary engines) should be individually presented in the main switchboard and in the wheelhouse. The alarms for the auxiliary engines should be presented as group alarms.
a. Main switchboard
There should be the intelligent I/O modules in the engine room cabinet. Each I/O channel should be equipped with LED alarm or status indicator and channel identification text window.
b. Central filling station panel
There should be a small alarm panel with bunker alarm (fuel oil overflow tank level) in the central filling station
c. Type of Alarms
Not less than the following alarms should be included in the alarm, monitoring & control system:
o Propulsion alarms of main engines and rudder propeller units (see 214) o Group alarm generator set 1 TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 134 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 135
o Group alarm generator set 2 o Group alarm fire fighting set o General bilge alarms o High level bilge water tank o Low level fuel oil header tank PS o Low lever fuel oil header tank SB o High water level fuel water separator PS main fuel oil line o High water level fuel water separator SB main fuel oil line o Low level fuel oil service tank o High level fuel oil service tank o Water detection fuel oil service tank o High level sewage tank o High level dirty oil tank o High level sludge tank o Alarm transformer/rectifier o Low voltage alarm for each battery set (from battery chargers) o Hydraulic alarms
d. Controls
The following controls are included:
o Main engines start / stop o Main engine control in engine room or bridge control selection o General service pumps start / stop o Bilge water pump start / stop o Fuel oil header pump start / stop o Fuel oil transfer pump start / stop (control only on main switchboard) o Clean oil pump start / stop (control only on main switchboard) o Cooling water pump hydraulic system start / stop o Sewage pump start / stop (control only on main switchboard) o Ventilators start / stop o Air conditioning system compressor start / stop o Air conditioning system cooling water pump start / stop o Generators start / stop o Generator breakers in / out o Generator stand-by switch o Generator anti-condensation heating on / off o Exterior lighting o Electrically driven hydraulic pumps start / stop
6.11.4.2 Extension alarm system
An extension alarm system as per Class requirements for an unmanned machinery space shall be fitted.
a. Bridge:
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The bridge control station should be integrated in the Alarm, monitoring & control system. A dedicated Extension Alarm System screen should display: o On duty selection o Attended / unattended machinery space selection o Engineer calling o Engine room patrol timer
b. CE cabin and mess-room panels
The panel should consist of a 4-line, 40 characters display to indicate all alarms and should be provided with o Menu scroll buttons o Stop horn and acknowledge buttons. o On duty indication light o 8 separate engine room group alarm lamp indicators o Fire alarm indicator o System on o Engine room and bridge call buttons o Dimming function
c. Engine room
Near the engine room entrance a panel should be fitted for selection of engine room status (attended/unattended) and a patrol timer reset button.
6.11.4.3 Conning screen
The Conning system should be able to selectively convey the following information on screen on the workstations: o Indication pre-lubrication oil pumps main engines running. o Indication auxiliaries running. o Indication open/close of watertight hatches and doors. o Controls and display for direction finding and course keeping equipment. o Digital repeater GPS navigator. o Digital repeater echo sounder. o Display for Wind direction & Speed
6.11.4.4 General alarm
Control panel in the wheelhouse should be fitted with buttons to activate a number of alarm signals which can be heard all over the ship, able to give a continuous or intermitted signal. a. Alarm bells to be installed at: o Accommodation main deck o Passage below main deck o Fore and aft deck b. A siren and flashing light is installed in the engine room. c. A siren is installed in the rudder propeller room.
6.11.4.5 Fire detection installation (Recommended Make is Praxis of Type Pro-series)
A fire/smoke detection installation should be installed consisting of the following: o Central alarm panel with an acoustical alarm and external pot. free alarm contact output. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 136 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 137
o Heat detectors and smoke detector(s) in machinery spaces o Heat detector in the galley o Smoke detector(s) in accommodation spaces o Smoke detector(s) in corridors o Heat detector in technical space under the wheelhouse o Call point(s)
6.11.4.6 Bilge alarm
There should be an audible and visible alarm provided in wheelhouse and engine room, indicating high bilge-water levels in the engine room, rudder propeller room and cofferdam accommodation.
6.11.4.7 Engine room alarms in accommodation
There should be an audible and visible alarm provided in the chief engineer's cabin and mess room. The alarm unit should be provided with a reset button for acceptance.
6.11.4.8 Watertight door open/close indication
There should be an open/close door indication integrated in the conning screen for watertight doors in engine room and rudder propeller.
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6.11.4.9 Watertight hatches open/close indication
There should be an open/close door indication integrated in the conning screen for watertight escape hatches on the main deck. . 6.11.4.10 Tank sounding system
Tank levels of tanks should be indicated on the Praxis Mega-guard
6.11.4.11 Bridge Navigational Watch Alarm System (BNWAS)
A Bridge Navigational Watch Alarm System should be fitted, according to the IMO and Class requirements. A panel should be fitted in the bridge with an adjustable timer and reset function. If the timer is not reset in the selected interval, a light on the panel should be activated. When the panel has not been reset 15 seconds after the light, a buzzer in the panel should go off. When 15 seconds later the system is still not reset, the General Alarm system should be activated.
6.11.5. Lighting.
All lightings should be L.E.D type a. The lighting system for should be divided into a 240 V lighting and a 24 V emergency lighting. b. The interior should be adequately lighted with marine-type lamps. c. All exterior lamps should be waterproof and sea water resistant marine-type lamps. d. The lighting per compartment should be connected to two different supplies. e. A number of spare bulbs should be provided for the interior, exterior and emergency lighting.
6.11.5.1 Emergency lighting 24 V D.C. a. Battery emergency lighting should be installed near essential equipment, along the path to this equipment and near exits. b. Emergency lighting should not be part of the normal lighting and should only light up in case of a black-out of the normal lighting system. c. Emergency lighting should fitted in main compartments; Engine Room, Switchboard room, Rudder Propeller room and in all escape routes and near escape hatches and doors. d. The emergency lights should be integrated in the normal lamp units.
6.11.5.2 Interior lighting 240 V A.C.
Not less than the following should be fitted:
a. Engine room: o 16 fluorescent lamp units 2 x 18 W (one at the entrance), resiliently mounted with switch near the main entrance. o 2 double sockets 240 V/16 A (IP 44) o In each FL unit near main exit(s), a 25 W lamp for emergency lighting is fitted
b. Rudder propeller room / engineers workshop: o 6 fluorescent lamp units 2 x 18 W, resiliently mounted, with switch near entrance
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o 1 socket 240 V/16 A (IP 44) o 1 socket 415 V/16 A (IP67) o 3 lamps 25 W for emergency lighting (in FL unit) (2x near emergency steering system rudder propeller, 1x near the exit)
c. Main switchboard room: o 2 fluorescent lamp units 2 x 18 W with switch near the entrance o 1 double socket 240 V/10 A (IP 44) o 1 lamp 25 W for emergency lighting (in FL unit)
d. Dry store / AC room:
o 1 fluorescent lamp unit 2 x 18 W with switch near the entrance
e. Technical space under the wheelhouse: o 1 bull eye 40 W with a switch near the entrance
f. Deck store: o Bull eye 40 W with a watertight switch near the entrance. o One socket 415 V/16 A o One double socket 240 V/16 A
g. In each cabin: o 1 fluorescent lamp unit 2 x 18 W with switch near the entrance o 1 bed-reading lamp with switch above each berth o 1 desk lamp o 1 wall lamp (only for captain’s and chief engineer’s cabin) o 2 double sockets 240 V/10 A (IP 44) o 1 double socket for additional heating
h. Corridor main deck: o 3 fluorescent lamp unit 2 x 18 W with switch o 3 ceiling lamp 25 W for emergency lighting (in F.L.-unit)
i. Corridor below main deck: o 2 fluorescent lamp unit 2 x 18 W with switch o 2 ceiling lamp 25 W for emergency lighting (in F.L.-unit)
j. Laundry / sewage treatment room / store lower deck: o 1 fluorescent lamp unit 2 x 18 W with switch o 1 ceiling lamp 25 W for emergency lighting (in F.L.-unit) near main exit
k. In each sanitary space: o 1 ceiling lamp 60 W with watertight switch near the entrance o 1 combined 15 W fluorescent lamp and shaving socket with isolating transformer above wash basin
l. Galley: o 2 fluorescent lamp units 2 x 18 W with a switch near the entrance o 1 lamp in extractor unit above working range o 2 double sockets 240 V/16 A (IP 44)
m. Messroom: o 2 fluorescent lamp units 2 x 18 W with a switch near the entrance TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 139 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 140
o 2 double sockets 240 V/10 A (IP 44) o 2 wall lamps
n. Wheelhouse:
o 2 fluorescent lamp units 2 x 18 W with a switch on the switchboard. o 1 ceiling lamp 40 W, coloured type, near stairway with dimmer and two-way switch on top and on bottom of stairway. o 1 ceiling lamp 25 W for emergency lighting (in FL unit) with separate switch. o 1 chart table lamp 40 W with dimmer. o 1 desk lamp 15 W for emergency light near the radio equipment. o 2 double sockets. 240 V/10 A (IP 44) o 1 double socket for signal lamp 24 V
6.11.5.3 Exterior lighting 240 V D.C.
Not less than the following lights should be fitted in the designated spaces listed below;
a. On aft deck o 2 Halogen floodlights 500 W with switch in the wheelhouse. o 1 Fluorescent lamp unit 2 x 18W with switch against deckhouse. o 1 Bronze bulleye 40 W with watertight switch against deckhouse. b. On fore deck o 2 Halogen wheelhouse front centerline floodlights 500 W with dimmer switch in the wheelhouse. o 2 Halogen wheelhouse front side floodlights 500 W with dimmer switch in the wheelhouse. o 1 Bronze bulleye 40 W with switch in the wheelhouse.
c. Deckhouse sides o 2 Bronze bulleyes 40 W on each side.
d. Bridge deck o 2 Bulleyes 40 W near wheelhouse doors. o 2 Emergency floodlights 150 W (24 V) near life rafts on bridge deck at starboard and port connected to a switch on the bridge deck.
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6.12 DECK EQUIPMENT
6.12.1 Anchor equipment a. The anchor equipment and installation should be in accordance with the Classification society’s regulations. b. Two High Holding Power Anchors, type Pool or equivalent should be provided c. Anchors should be stowed in anchor pockets flush with the hull. d. Each anchor to be provided with a chain cable e. Cable lifters integral with hawser winch should be provided f. Each chain runs via the winch to a separate chain locker below the fore deck. The anchor and chain cable should be of hot dip galvanized material. g. The end of each chain should be connected to the by means of a quick release device. h. For securing the anchors at sea, a turn buckle for tightening each chain with anchor should be provided.
6.12.1.1 Anchor with chain (Class Unrestricted Service)
The following should be the specifications of the Anchor and chain; o Approximate weight: 495 kg o Chain length: 165 m o Chain diameter : 22 mm (stud-link) o Quality : U2 / Q2 (Class) o Number onboard : 2 o Each connection to anchors should be a four link adapter piece and consists of: Kenter joining shackle-swivel-Kenter joining shackle and D-end shackle.
6.12.1.2 Anchor/towing winch a. A Heavy duty double drum hydraulic anchor/towing winch should be fitted on the forecastle deck. b. One drum should be for regular towing duties. c. The other drum should be fitted with an identical line for be stand-by in case of emergencies. d. The winch should be driven by a two speed Staffa hydraulic motor (Tenderer to give detailed description of the Winch to be offered; brake holding force, pull speed 1 and pull speed 2, shield diameter etc. and describe the functionability of the said Winch). e. The wire should run from the top of the winch. f. Hauling speed anchor : Not less than 10 m/min
6.12.1.3 Line pull and line length measurement system anchor/towing winch
i. The following sensors should be provided: a. A pulse counter to determine actual length of outstanding wire and actual working layer should be fitted on each drum of the fore winch. b. A load pen should be fitted to determine the actual force in the towing wire when the brake is engaged and the clutch is disengaged. c. A winch control panel should be fitted in the wheelhouse with the following settings/indications: o Indication of the actual length of the outstanding wire o Indication of the actual force in the outstanding wire o Setting of the maximum force in the outstanding wire
ii. Line Measurement system o The pre-set value for the maximum force in the outstanding wire should automatically be the maximum force of the band brake. TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 141 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 142
o The setting for the maximum force in the outstanding wire should be changed continuously during operation. o If the actual force in the outstanding wire is below the set maximum force the band brake should hold the drum and the wire length should be kept automatically. o If the actual force in the outstanding wire is above the set maximum force the drum should slip in the band brake and wire should be payed out. o When the actual force in the wire is low enough the wire should be able to be pulled in. o When the actual length of the outstanding wire is too long an alarm should be activated in the wheelhouse by a lamp and a buzzer. o The band brake should automatically engage at the end of the 2nd layer to prevent loss of the towing wire.
6.12.1.4 Control system anchor/towing winch
The bridge front station situated in the wheelhouse deck should be the designate main station for controlling the towing winch and have a manual local lever control near the unit.
Additionally foot pedals should be fitted for the forward towing winch control. The winch should also be locally controlled with a wireless control panel. The selection buttons for remote control and local control should be in the main station.
6.12.2 Mooring system
6.12.2.1 Mooring lines
A set of Four (4) Polypropylene mooring lines of length 55 m each and diameter 40 mm of minimum breaking strength of 19.tons should be delivered together with the .
6.12.2.2 Capstan 5 T On the aft deck an electric (240/415 V) capstan with two rotation directions should be installed of minimum speed: 15 m/min and capacity of 5 ton.
6.12.2.3 Guiding pin
A towline guiding pin fitted in a hole at the top of the bulwark in line with the warping head of the fore winch should be provided
6.12.3 Hoisting equipment
6.12.3.1 Deck Crane
Deck crane preferable an Effer, Heila or Palfinger Marine Crane of minimum capacity 3T Kg should be installed
6.12.3.2 Winch on crane
The Marine hydraulic hoisting winch should be installed on the deck crane with SWL of 3 T
6.12.4 Towing equipment
6.12.4.1 Towing winch fore
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On the forecastle deck a heavy duty double drum hydraulic anchor/towing winch should be installed where one drum should be for regular towing duties.
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6.12.4.2 Towing winch aft
On the aft deck, between the towing bitt and the deckhouse, a heavy duty hydraulic towing winch driven by a two speed Staffa hydraulic motor should be installed with the following minimum characteristics;
Minimum Speed 1 : 38.0 ton up to 12.0 m /min on second layer Speed 2 : reduced pull up to 38.0 m /min on second layer Brake holding force : 200 ton on 2nd layer Drum length : 1275 mm Wire drum diameter : 900 mm. Shield diameter : 2050 mm, sufficient for storing a stretcher. Wire capacity : 750 m - for steel wire up to diameter 54 mm
The following should be provided o The wire runs from the bottom side of the winch. o Al the grease nipples should be the standard flat head type. o Grease lines should fitted with improved accessibility of the grease nipples. o All bolts should be galvanized and all hinges and turning points fitted with stainless steel pins. o A spooling device should be installed. o The guide rollers should be hardened with one guide roller being foldable for removing wire from spooling device. o During towing the spooling device should be disengaged.
6.12.4.3 Control system towing winch aft
The bridge front station situated in the wheelhouse desk should be the designate the main station for controlling the towing winch and have a manual local lever control near the unit.
Additionally foot pedals should be fitted for the forward towing winch control. The winch should also be locally controlled with a wireless control panel. The selection buttons for remote control and local control should be in the main station.
6.12.4.4 Towing hook aft - SWL 1000 Kn/100.0 ton
A Class approved towing hook, preferable a disc type or equivalent with a hydraulic quick release device, which can be operated from inside the wheelhouse and from the main deck near the hook should be mounted on the aft deck with safe working load: 1000 kN/100.0 ton.
6.12.4.5 Tow line fore (in combination with the anchor-towing winch)
The fore winch should be fitted with the following rope system: o One full friction layer directly on the drum made of 30 mm diameter rope, Euroflex (or equal). o 130 meter tow rope, Euroflex of 96 mm diameter. o 20 meter forerunner, consisting of 96 mm diameter rope, Euroflex (or equal), with braided protective cover.
The interconnections of the different ropes should be made by means of “cow- hitch” connecting of the spliced eyes of breaking strength: approx. 220 ton.
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6.12.4.6 Tow line aft
A tow line of 750 m steel wire diameter 54 mm (6x36 ws + st) should be fitted on the aft towing winch with a breaking strength of: approx. 200 ton
6.13.0 Lifesaving and fire protection
Lifesaving appliances and fire control equipment should be in accordance with the regulations of Class and national authorities for a vessel of this class. The equipment should be of approved type. The required equipment should be properly fitted on convenient locations on board the tug including the required plans (to be plastic sealed) like Safety Plan, etc. The safety plans for outside should be fitted in storage tubes.
6.13.1 Portable CO2 fire extinguishers
A portable CO2 fire extinguisher (5 kg) should be fitted in the wheelhouse, the galley, the engine room, the main switchboard room and on the lower deck.
6.13.2 Portable dry powder extinguishers
Portable dry powder extinguishers (6 kg) should be fitted in the engine room (two), the passage deckhouse (one), and the passage accommodation below deck (one).
6.13.3 Spare fillings
Spare fillings for the portable fire extinguishers should be provided.
6.13.4 Fireman’s outfit
Two fireman’s outfits should be supplied and stowed onboard each of which consisting of: o One complete fireman’s outfit o One self-contained breathing apparatus o One compressed air cylinder, completed with spare bottle o One fire axe o One safety lamp
6.13.5 Firemen’s outfit (Lloyd’s Register Fi-Fi 1 notation)
Four additional firemen’s outfits complete with breathing apparatus should be supplied and a breathing air compressor of adequate capacity should also be provided.
6.13.6 Fire blanket
One fire blanket should be stored in the galley.
6.13.7 Lifebuoys
Six lifebuoys, two with smoke/lights and two with floating lines, should be stored in frames at appropriate places.
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6.13.8 Life jackets
Fifteen inflatable life jackets with lights should be provided.
6.13.9 Life rafts
Two inflatable life rafts on ejector racks are provided at easy accessible and protected places. Instruction for use of life raft should also be provided.
The rafts should be fitted with a hydrostatic release of; o Make : RFD or Classification Society approved o Capacity: 10 persons each.
6.13.10 First-aid equipment
Two first-aid kits according to Classification Society should be provided.
6.13.11 Workboat
One four-meter inflatable workboat should be fitted with 25 hp outboard engine being able to be handled with a davit.
6.13.12 Rescue Boat
One four-meter inflatable rescue boat should be fitted with 25 hp outboard engine. An engine flusher should be provided to help keep salt, grime, silt and sludge off the internal parts of the outboard engine.
6.13.13 Life net
A Markus life net should be stored on board.
6.13.14 Immersion suits
Ten immersion suits with buoyancy and light should be provided.
6.13.15 Flare signals
Twelve hand held flares and four rocket parachute type in waterproof package should be provided.
6.13.16 Line throwing appliance
Four single shot line throwing appliances shall be supplied and stored. Make Comet or Classification Society approved. .
6.13.17 Miscellaneous safety items
The should be fitted out with the following items: o Emergency stops for E.R. fans, fuel pumps and engines o Remotely operated valves for fuel tanks o Fire dampers, where required o Remote start/stop for general service pump o International shore connection for the internal Fi-Fi system
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6.14. Auxiliary systems
6.14.1 Hydraulics
One hydraulic system should be installed for power supply of the deck equipment consisting of: i. Independent electrical driven hydraulic pumps to power the towing winches. ii. One electrically driven hydraulic pump to power towing winch brakes and clutches and the towing hook quick release non-simultaneously. iii. Hydraulic oil circulation tank with the required fittings and piping and hydraulic filters incorporated in each system.
a. Hydraulic piping i. Seamless steel precision pipes to be fitted between the hydraulic equipment and pumps. ii. High-pressure hydraulic hoses to be used where necessary. iii. Pipes above deck up to and including a diameter of 25 mm should be made of stainless steel and should be fitted with screwed galvanized steel couplings. iv. Larger pipes above deck should be made of steel and be fitted with screwed galvanized steel couplings or forged steel welded flanges. v. Outside couplings and flanges should be wrapped with Denso-tape. vi. Piping should be sized to avoid high pressure peaks with manageable lengths between the joints for maintenance purposes.
b. Main engine driven hydraulic pumps
There should be independent electrical driven hydraulic pumps to power the towing winches for non-simultaneous powering of the winches and each pump should have the following characteristics i. Appropriate Design pressure drop ii. Sensing pump with variable displacement. iii. Load sensing pump with variable displacement. iv. Each pump should have minimum capacity for 25% of the total required power for the largest consumer at increased idle speed of the main engine. v. In the pressure line of each pump a non-return valve and an adjustable safety valve should be fitted whilst the discharge line runs to the circulation tank.
c. Electrically driven hydraulic pumps
There should be one electrically driven hydraulic pump installed on top of the hydraulic oil circulation tank for powering of the towing winch brakes and clutches and the towing hook quick release non-simultaneously with the following characteristics:
i. Appropriate Design pressure drop. ii. Constant pressure pumps with fixed displacement. iii. The pump has sufficient capacity to deliver the total required power for the largest consumer. iv. In the pressure line of each pump a non-return valve and an adjustable safety valve should be fitted and the discharge line to run to the circulation tank.
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d. Hydraulic oil circulation tank
The hydraulic oil circulation tank should be designed for a maximum temperature of 65°C. An oil cooler should be installed to control the temperature of the hydraulic oil in the system.
The tank shall be fitted with provision for hand hole for inspection, cleaning, filling with filter and level indicators and alarms.
e. Hydraulic oil cooling system
Each hydraulic system should be provided with a separate low temperature cooling system which shall double up in cooling the hydraulic oil.
An electrical pump should be provided, recommended of Make Sterling, Type ZLKD, with minimum capacity approx.10 m3/hr., which will start/stop automatically.
f. Commissioning hydraulic systems
After finishing the fitting of the system, the complete system (including the filters). Should be prepared, tested, pressure tested and commissioned to general accepted standards.
g. Alarms hydraulic systems
The alarms for the hydraulic installation should be individually presented in the Main Switchboard room and in the wheelhouse.
6.14.2 Oil pollution control
There should be a pollution control unit mounted on the with the following:
6.14.2.1 Dispersant pump and booms
A removable dispersant spray boom should be fitted at each side of the Vessel, installed with an electrically driven twin pump for sea water and dispersant mixing of minimum capacity of 9 liters and up to 82 litres seawater / minute.
The spray gear should include and not limited to the following; o Pump unit o Sets of Suction and delivery hoses o Galvanized steel dispersant spray booms o Sets of Spray nozzles and adapters (90 fan) o Stainless steel wire and stainless steel shackles
6.14.2.2 Oil Containment Boom mounted on hydraulic driven reel
OIL CONTAINMENT BOOM DEPLOYMENT
To comprise of:- a. A continuous cylindrical inflatable boom with high tensile strength and excellent sea- keeping abilities. When deflated lies flat allowing for storage on reel with minimal volume. b. One heavy duty reel, hydraulically powered for deployment, recovery and storage of the boom. Fitted with four corners for securing on deck using conventional twist locks
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and supplied with heavy duty PVC weather cover and fork channels. Reel to have chain drive to dog coupling also and handbrake. Double stage planetary gearing by rotary lobe hydraulic motor. c. Two light weight single cylinder, four stroke air-cooled diesel engine boom inflators complete with valve adaptors. Centrifugal air fan type d. 2 sets of two towing / mooring bridles and anchors to facilitate anchoring and sweeping at sea.
Details of the Oil Containment Boom System are as follows:-
Type : Offshore curtain boom Total length : 500 m Freeboard : 520mm Draught : 720mm Overall height : 1240mm Section length : 50m Weight per metre incl. chain : 12kg Buoyancy to weight ratio : 11.1 Max. pressure in buoyancy chamber : 15kPA Burst pressure of buoyancy chamber : 80Kpa Operational temperature deg Celsius : -20 to 70 Storage temperature deg Celsius : -40 to 70 Connectors : Patented marine grade stainless steel hinge Tension member : Galvanized mild steel long link ballast chains in a double thickness skirt pocket Inflation and Deflation valves : High capacity low profile spring loaded with secure quick-fit bayonet type connections, screw cap and sealing covers designed specifically for marine use Operational pressure : 0.02 bar Tear resistance of eyelets : 14kN Tensile strength chain : 200Kn Tensile strength fabric : (ISO 283) N/mm 250 Wear resistance of surface : mm cubic 150 (DIN 53516) Efficient in waves up to : 3.5m Colour : orange Material : Substrate compound of synthetic rubber with a (CSM) Hypalon external layer
NOTE: o The reel and hydraulic motors to be driven from the vessels’ main hydraulic system. o Attachments such as eyelets, and brackets should be made from stainless steel, AISI 316. o Internal fiberglass rods secured with stainless steel brackets ensure optimum skirt profile.
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6.15 External Fire-fighting, Emergency Portable Firefighting Pump and Salvage system
6.15.1 External firefighting system 1200 m3/hr.
In the Engine room, there shall be a fire fighting set consisting of a fire fighting pump driven by an independent Caterpillar Marine diesel engine which should be electrically started and stopped from a control panel mounted on the engine combined with a foam mixer. Be able to be started locally. o Diesel engine : Cummins Marine Diesel Engine o Pump : Of Bronze Propeller, with rust/corrosion resistant Housing material o Capacity : 1200m³/hr. o Working pressure : 10.5 bar
6.15.1.1 Monitors
There should be two monitors make Albach type APF7, fitted on the monkey island, together covering a large horizontal arc. The monitors are to be fed by the firefighting pump situated in the engine room. The monitors should be equipped with a jet/spray nozzle suitable for water and for water/foam and be remote controlled from wheelhouse as well as locally controlled.
Monitor of Capacity water : 1200 m³/hr. each at 120 meter jet length Capacity foam : 300 m³/hr. each
6.15.1.2 Foam equipment
A foam mixing system should be fitted with two in-line type foam inductors. The protein type foam should be able to mix to a maximum percentage of 6%.
6.15.1.3 Flushing lines
There should be a provision to flush through with fresh water, the firefighting piping & monitors can be flushed after use.
6.15.1.4 Firefighting connections
On each side of the fore deck 4 firefighting connections are to be fitted.
6.15.1.5 Fixed Internal Fire Fighting System
Engine room fire suppression system is preferable to be Pyrogen or equivalent, aerosol based suppression system.
Aerosol release mechanism to be sited in the wheel house.
6.15.2 Emergency Portable Firefighting (Clause 6.10.3.10)
An independent diesel driven fire-fighting pump with hose and nozzle, should be installed in the engine room. The air-cooled diesel engine ought to be manually started and complete with built-on fuel tank.
Note: For standardization purposes, Only Make: Angus/Hatz/Johnson of capacity not less than 30 m³/hr. is recommended. This pump should be constructed with materials that withstand corrosion on deck and wasting away of the unit. The pump’s impeller should be made of Bronze material.
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6.15.3 Submersible pump (portable)
There should be a three phase electrical driven submersible salvage pump on board, recommended Make is: Graco, Grindex or equivalent with minimum capacity of 30m³/hr. at 12M head.
The Submersible pump set should be delivered complete with a minimum 20 meter pressure hoses with all necessary fittings and the discharge gun and 30 meter electrical cable. The electrical connection (plugging) should be compatible with external power supply
6.15.4 Oil Transfer Gear pump (portable)
There should be a three phase electrical driven Oil Transfer Portable Gear Pump on board. The Gear Pump –Motor assembly should be a single unit mounted on a movable platform. The Gear pump set should be delivered complete with a minimum 20 meter pressure hoses for suction and discharge with a 30 meter electrical cable.
The electrical connection (plugging) should be compatible with external power supply
6.15.5 Oil Flow metre
An appropriate flow meter for the Gear oil Pump above should be provided
6.16.0 Joinery and arrangement of service/living spaces
The Vessel should comfortably accommodate 10 persons. The lay-out to conform with the Maritime Labour Convention 2006 regulations and subsequent annexes; and to be shown on the relevant General Arrangement Plan. a. Table tops are made of hard plastic covered waterproof marine plywood. b. Berths are to be provided with a 20 cm box spring mattress. c. Berths are to be 2200 x 900 mm. d. Aluminium handrails to be fitted where necessary. e. The locks should be of the master key type and the vessel to be delivered with three master keys. f. There should be a central digital aerial system for radio and TV installed with an aerial socket outlet in the mess and in each cabin. g. There are to be a minimum of two power supply sockets in all cabins to allow for appliances connection h. For every outside door a doormat should be provided. i. The Standing height in accommodation should be approx. 2.20 M j. The Door height in accommodation should be approx. 2.10 M
6.16.1 Acoustical insulation
Vessel design shall ensure that satisfactory measures are taken to maintain low noise levels onboard.
Special emphasis should be given to the following areas and their designed maximum allowable noise levels according to the Shipyard (Tenderer) prognosis to be availed in the tender bid in the table format below;
NO. AREA OF CONSIDERATION DESIGN NOISE LEVELS 01 The Wheelhouse 02 The Captain’s cabin TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 151 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 152
03 The Chief Engineer’s cabin 04 The Galley 05 The Mess Room 06 Cabins below main deck PS/SB forward 07 Cabins below main deck PS/SB aft 08 Main switchboard room (Control Room) 09 Engine room
Accuracy of the calculations allowable tolerance should be +/- 3 dB (A) based on free sailing condition at full throttle
6.16.2 Joinery
6.16.2.1 All joinery work should be in accordance with normal Builders' standards as approved by class.
6.16.2.2 For lining, non-steel partition bulkheads, ceilings hard plastic coated (on both sides) marine plywood panels should be fastened with screws and finished with Omega wall joints and Aluminium profiles.
6.16.2.3 Furniture should be of hard plastic coated in the colour light grey. Non-Combustible and/or fire retardant materials only should be used where required.
6.16.2.4 Appropriate thickness of lining and of ceilings should be given and the wheelhouse should be fitted with an acoustic ceiling of Dampa type or equivalent.
6.16.2.5 Partition bulkheads between cabins should be double panelled for sound insulation.
6.16.2.6 Interior doors should be of the B-15 type with all Door frames made of steel.
6.16.2.7 All Door-locks, -handles, -hooks, clamps, should be made of chrome- plated brass or stainless steel.
6.16.3 Floors
6.16.3.1 Floors engine room and rudder propeller room o Chequered Aluminium floor plates should be fitted in the engine and rudder propeller rooms fastened to frames by stainless steel screws. o The plates are to be mounted on angle section frames in such a way that all equipment can be reached for operation and maintenance. o In the rope store and on the engine room tank top anti-slip deck paint should be applied.
6.16.3.2 Floors wheelhouse and accommodation o The floors in the switchboard room, alleyways, mess room and wheelhouse should be of the composite synthetic type, colour red brown. o The basic floors in the accommodation should be of the floating type, and no direct contact is to be made between the floors and the steel structure. o The cabins should have linoleum laid over the Bolidt or equivalent floor, colour red brown.
6.16.3.3 Floor galley and sanitary spaces o In the galley and sanitary spaces a non-floating Bolidt or equivalent type floor is to be fitted; colour light grey. o The floor should extend 10 cm up to the side walls.
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6.16.4 Walls
6.16.4.1 Walls wheelhouse o The wheelhouse walls (up to the windows) should be insulated with mineral wool. The walls are to be panelled up to the windows, anthracite coloured. o The dashboard casings should be made of steel, dashboard tops to be coloured black. o The steel structure around the windows should be painted grey (Satin). Handrails to be fitted as appropriate for safety.
6.16.4.2 Walls accommodation o The accommodation sides and partition bulkheads are to be completely panelled with hard plastic coated marine plywood panels; coloured frosted or light grey. o Walls and decks exposed to the sun should have thermal insulation of mineral wool between the plating and lining or ceiling.
6.16.4.3 Walls sanitary spaces o The sanitary spaces should have panelled ceiling and painted steel sides
6.16.4.4 Ceiling wheelhouse o Ceiling should be Dampa type or equivalent system, anthracite coloured and to be insulated with mineral wool.
6.16.4.5 Ceiling accommodation o The accommodation ceilings should be made of hard plastic coated marine plywood panels coloured white with sound absorbing ceilings.
6.16.5 Insulation
Reduction of noise levels onboard the Tug should be prioritized, hence appropriate insulation fittings should be provided for the following spaces; a. Engine room deckhead and bulkheads b. Exposed shell accommodation sides c. Deckhouse sides behind linings. d. Floating floor in accommodation
6.16.6 Furniture o Seats should be made of hard plastic coated marine plywood panels of minimum thickness 20 mm and upholstered with black coloured heavy duty leather with storage facilities underneath the Seats. o Chairs should be fitted with armrests and be provided with securing facilities for sailing in sea conditions. o Chairs should be marine type with chromium plated steel frames and with heavy duty black leather.
6.16.7 Arrangement wheelhouse
6.16.7.1 Control consoles
The control consoles should be made of steel
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6.16.7.2 Helmsman seat
There should be one helmsman seat, ergonomically designed cabin controlled adjustable to meet Operators body profile of the Dynamic 07, Brieda Seat type in accordance with the European standards: EN 1005-3/4/5.
6.16.7.3 Seats
One person each seats, covered in blue leather shall be installed in the Starboard and portside in the wheelhouse.
6.16.7.4 Chart table
A chart table with lamp should be installed at the wheelhouse.
6.16.7.5 Time clock A quartz marine clock Ø 4" chrome plated with silence periods should be fitted at the Wheelhouse, Engine Room and Mess Room.
6.16.7.6 Binoculars
A pair of prismatic binoculars (7x50), of recommended Make, Steiner Skipper should be provided in a binocular box.
6.16.7.7 Dustbin
There should be a dustbin with a shutting top in the wheelhouse
6.16.7.8 Roller curtains o All sky windows should be fitted with roller type curtains. Roller curtains should be operated from bottom to top for maximum coverage. o All wheelhouse windows should be fitted with roller type curtains. Roller curtains should be operated from bottom to top for maximum coverage.
6.16.7.9 Inclinometer
In the wheelhouse, Inclinometers for trim and heel should be mounted.
6.16.8 Arrangement living quarters
A complete inventory including bed sheets, pillows and covers, Duvets and towels should be provided for 10 persons.
6.16.8.1 Arrangement cabins above main deck
a. One captain's cabin with wet unit to be provided with: o One bunk with one drawer with lock o One writing table with locker and with chair. o Two clothing lockers with key locks, one with dressing rod and top shelve, one with shelves only o Wash basin with taps (hot and cold water, one handle control) o One seat o One bookshelf o One double clothes hook TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 154 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 155
o One dustbin o One safe o Curtains for windows o Notice board o One quartz marine clock Ø 4" chrome plated, make; Schatz.
b. One chief engineer's cabin with wet unit to be provided with: o One bunk with one drawer with lock o One writing table with locker and with chair. o Two clothing lockers with key locks, one with dressing rod and top shelve, one o with shelves only o Wash basin with taps (hot and cold water, one handle control) o One seat o One bookshelf o One double clothes hook o One dustbin o Curtains for windows o Notice board o One quartz marine clock Ø 4" chrome plated, make; Schatz.
6.16.8.2. Arrangement cabins below main deck
a. Two X Double Bunk crew cabin with wet unit to be provided with: o One bunk for each person, lower bunk with two drawers with locks o One writing table with chair o Two clothing lockers with key locks (one for each crew) o Wash basin with taps (hot and cold water, one handle control) o One bookshelf o One double clothes hook o One dustbin o Curtains for bunks
b. One X Four Bunk crew cabin to be provided with: o One bunk for each person, lower bunks with two drawers with locks o One writing table with chair o Four clothing lockers with key locks (one for each crew) o Wash basin with taps (hot and cold water, one handle control) o One bookshelf o One double clothes hook o One dustbin o Curtains for bunks c. A separate wet unit fitted with two showers and two toilets should be provided
6.16.8.3 Arrangement galley and mess rooms
There should be a Mess/Day-room supplied with anti-slip placemats with two dining tables with corner seats and chairs for 10 persons. A complete mess/galley inventory including dishes, cups, pans, etc. should be provided for the crew; and should be fitted with; o Glass locker o Book shelf o Notice board o ER alarm TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 155 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 156
o VHF remote handset with loudspeaker o TV 24 Inches digital flat screen o Radio/DVD player, car type, with two loudspeakers flush mounted in the ceiling o One dustbin, capacity 40 litres o One quartz marine clock Ø 4" chrome plated. o Electric kettle, capacity 2 litres o Toaster, double slice o Coffee Maker
Galley o One stainless steel worktop, with cupboards underneath and small wall type o lockers. The worktop has a stainless steel sink with water tap hot and cold and o One stainless steel combined refrigerator/freezer of the compressor type of 224/89 net litres., with key locks o One marine type electric cooker with 4 hotplates and pan fittings o One combined microwave / oven o Stainless steel sheeting around cooker o One spice rack o One dustbin, capacity 40 litres o One dozen of mugs + mugs rack
The floor of the galley should be provided with a drain with siphon. The galley door should have an electro-magnetic open position lock with local control. Lock should also be connected to fire detection installation.
6.16.8.4 Laundry room
There should be a laundry room on lower deck provided with a washing machine and dryer with its own store equipped with whitewood shelves and a wash basin with taps (hot and cold water, one handle control).
6.16.8.5 Crew sanitary spaces
a. All sanitary units (toilets, showers, etc.) should have a drain to the sewage treatment plant and each sanitary space should be equipped with: o Toilet with fresh water flush o Shower with thermostatic controlled taps o Coat hooks o Drains with siphons in the floor b. There should also be one sanitary space below main deck which should be provided with a wash basin with taps. (hot and cold water, one handle control). And above each wash basin a mirror locker should be fitted and near each washbasin a soap dispenser and drinking glass with bracket are to be fitted. c. Each shower space is to be fitted with hand-grip and wire model soap dish. d. On the right side of each toilet on board, a hand held bidet shower with a flexible hose should be fitted
6.16.9 Arrangement store and boatswain equipment
6.16.9.1 Dry store
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The dry store below main deck should be equipped with racks at the side walls and two freezers.
6.16.9.2 Store
The store on the lower deck should be equipped with two separate and lockable compartments fitted with wooden shelves as follows: o A Deck equipment stores for spare ropes that can be transferred from lower deck to main deck through the escape hatch. o Engineers Stores for spares and materials.
6.16.9.3 Boatswain equipment o 2 Rubber bucket with line o 12 Broom deck brush o 12 tins Wash-leather o 12 Sponge o 2 Boat hook 4 meter
6.16.9.4 Basic cleaning set
Basic cleaning set should consist of; o 8 pc Adhesive tape, Marine air tape, W=50 mm, L=50 m (duct tape)
o 8 pc Insulation foam, PU, B3, can 700 ml, with hose, CFK-free o 8 pc Copper/brass polish, Tube 150 gr. also for Stainless Steel. o 20 m. Garden hose, D=1/2", with crosslink synthetic wire o 12 pc Hose connection set for garden hose D=1/2" o 2 roll Anti-skid mat, Slipstop 3.66 x 0.30 m² o 4 pc Carpet sweeper, W=24.5 cm, fibre medium, with stick L=1.7 m. o 12 pc Floor mop o 12 pc Metal cleaner, Muscle Steelfix o 4 pc Plastic cleaner, Valma Plasticolor o 2 pc Wood cleaner, Pledge cleaning foam o 10 L. Rust remover, HC-Roka o 12 pc Brush 1", round tip o 12 pc Brush 1 ½ ", round tip o 10 pc Foam paint roller, Spare roll for painting o 25 litres. wash & shine o 24 litres. Antical/lime scale remover
6.16.10 Engine room workshop and tools a. Standard tools and inventory o Standard tool set as supplied by the engine manufacturer(s) o 4 Grease gun with a set of required heads o 4 Grease gun for towing hook o 2 x Key for flush hatch o 2 x Key for docking plugs o 2 x Key for shore connections o 4 Sounding tapes, two for fresh water and two for other liquids o 4 x Cleaning brush for condenser o 2 Battery water filling bottle o 12 Spare Padlock o 2 x Test set for ELC cooling fluid
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o 1 Set of spare bulbs (interior lighting)
b. Supplementary and special tools o Basic Cummins tool kit o 1 Bulkhead mounted tool cabinet, S1400GM Gedore o 1 Ring spanner set 9 pcs 6/32 o 1 Open end spanner set 12 pcs 6/30&32 o 1 Socket set 24 pcs 10/32 o 1 Socket driver set 6pcs 5.5/10 o 1 Wrench set allenhead 8 pcs 3-14 mm o 1 Adjustable wrench 25*205, Bahco o 1 Adjustable wrench 53*455, Gedore o 1 Wrench adjustable for pipes, 227-4 Gedore o 1 Crow bar (wrecking) 18*50 mm, 611 Muller o 1 Gedore grip wrench - 137/10” o 1 Combination pliers o 1 Screwdriver set 7 pcs o 1 Chisel and punch set 6 pcs o 1 Key file set 6 pcs o 1 Feeler gauge set 0.05-1 mm, 720-20M Gedore o 1 File half-round 8” coarse 200 mm, 210 Sandvik o 1 File half-round 8” smooth 200 mm, 210 Sandvik o 1 File set 3 pcs o 2 Handles for file L=140 mm o 2 Hammers, 1*0.5kg and 1* 1 kg, 4E Habero o 2 Screwdrivers isolated, 1*3 mm and 1*4 mm, Gedore o 1 Multimeter handheld with LCD display, Y 122 F 32 o 1 Hammer, with removable plastic heads, 224E-32 Habero o 1 Gasket remover up to 8 mm L=160 mm o 1 Wire brush, 3 rows, 30 mm, 803 o 1 Hack saw with one spare blade
o 1 Universal hand saw o 1 Scraper triangular L=150 o 2 Pliers flat long nose, 144-7” & 145-10” o 1 Pliers diagonal cutting, Gedore 8530 R9 o 1 Adjustable wrench, 175-3 Gedore o 1 Wrench set allenhead AF 10pcs - 1/16” - 1/2” o 1 Feeler gauge set AF, 702-13A Gedore o 1 Socket driver set AF 25 pcs, 5/16”-1.1/4”, D 19 TAU-10 Gedore o 1 Spanner set AF 14 pcs, 5/16”-1.1/4”, 1B-014A Gedore
c. Hoisting gear o Three hand-operated chain blocks of 5, 3 and 1 tons capacity should be provided. o Above each main engine and the Auxiliaries, steel hoisting rods should be fitted.
d. Deck tools o 1 Crow bar 50 cm. o 1 Hand hammer, 1000 gr. o 4 Screwdrivers: 4, 5.5, 6.5 and 8 mm. o 2 Shackles, Greenpin D-type 1.5 ton.
e. Engineers workshop / store TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 158 of 185 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 159
The engineer’s workshop / store should be provided with: o A workbench with 6" engineers vice, o One grinding machine make; Creussen, and tools storage racks
f. Others
Watertight Bisonyl covers should be provided for: o Compass o Searchlight o Horn o Fresh water de-aerators o Fifi monitors
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6.17.0 Nautical, navigation and communication equipment
6.17.1 Navigation lights
The navigation lights should be switched and signaled in the wheelhouse on a control panel. When an indication light is defective the circuit to the navigation light should not be interrupted and a buzzer should fitted to indicate broken circuit. Normal supply of these lights from the 24 V ships consumer’s network. In the event of a blackout in the normal supply, the emergency network should be able to automatically supply the navigation lights (emergency supply).
Lights on the wheelhouse control desk should indicate normal/emergency supply. There should be; o 2 Side lights (red and green) fitted at the sides of the railing on the bridge deck. o A stern light (white) is to be fitted in the mast o 3 Masthead lights (white) are to be fitted in the mast o A towing light (yellow) is to be fitted in the mast o An anchor light (white) is to be fitted in the mast o 3 R.I.M. (restricted in maneuvering) lights (red, white, red) are fitted in the mast, lights can also be used as N.U.C. (not under command) lights (red, red). It is recommended that the Navigation Lights be double type
6.17.2 Optical signaling equipment and searchlight
6.17.2.1 Searchlight
Two complete searchlights assemblies should be mounted on the wheelhouse top deck, one fore and aft. The searchlights should be electrically remote controlled from the wheelhouse with the following characteristics o Output : 1000 W o Power supply : 240 V o Make : Seematz searchlights or equivalent
o Joystick control mechanism
6.17.2.2 Floodlights (Lloyd’s Register Fi-Fi 1 notation) Two Floodlights will be mounted on the wheelhouse top deck, one fore and aft. The Floodlights should be electrically remote controlled from the wheelhouse with the following characteristics o Output : 500 W Xenon o Power supply : 240 V o Make : Seematz flood lights or equivalent
6.17.3 Signals and flags
6.17.3.1 Signal flags
A set of signal flags should be stored in a bag in the wheelhouse provided with a signal flag code chart
6.17.3.2 Signal lamp
A signal lamp should be stored in the wheelhouse.
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6.17.3.3 Day signals
Three black balls and one diamond should be provided.
6.17.3.4 Horn
A magnet type horn (whistle above 130 dB) should be fitted on the wheelhouse top deck of a proven Make and type. A push button should be installed in the wheelhouse dashboard.
6.17.3.5 Ship’s bell
A ship’s bell (12” diameter) should be fitted.
6.17.3.6 National and Ship Builders flags
Two national flags and Two Shipbuilders’ flags should be provided.
6.17.4 Nautical and bridge systems
A radar system with chart overlay should be installed with a colour display unit with 19” LCD Screen and its Key Board Control unit to be integrated in the dashboard. Recommended Make should be; o Make : JRC o Type : JMA-5212-4BB The GPS navigator and the echo sounder should be connected to the radar for on screen display.
6.17.4.1 GPS navigator
GPS navigator to be installed should be of Make: Furuno and Type: GP-150
6.17.4.2 Sextant
A sextant should be stored in the wheelhouse.
6.17.4.3 Magnetic compass - Kotter type
A magnetic compass should be installed and located on a stainless steel foundation on the wheelhouse top. Recommended Make should be: Cassens & Plath, Type: Kotter and a Netcam digital repeater to be fitted in the wheelhouse.
6.17.4.5 Autopilot
An autopilot should be installed, recommended Make is: Robertson, Type: AP- 50 or equivalent. The autopilot should be connected to the magnetic compass and able to steer one or both of the azimuth thrusters.
6.17.4.6 Echo sounder
An echo sounder of LCD type fed by the 24 V board installation should be fitted onboard, and the Make should be: Furuno, Type: LS-6100. The transducer should be installed at an appropriate place in the hull.
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6.17.4.7 Speed log
A Doppler speed log should be fitted, according new Solas section V. The Make should be Furuno and the Type be: DS-80
6.17.4.8 ECDIS
Electronic Chart Display Information System (ECDIS) should be fitted. The make should be NavMaster 800 series.
6.18 Communication
6.18.1 Internal Communication
a. Intercom
An intercom system should be installed onboard that has a “call all” button which provides public address function. The Working stations to be established should include: o Master station in wheelhouse o Engine room/rudder propeller room with headset and rotating lamp o Crew accommodation below forecastle deck o Fore deck with call possibility to master station o Aft deck with call possibility to master station o Galley o Mess/day-room o Chief engineer's cabin o Captain's cabin o Main switchboard room o Stations on fore and aft deck are closed watertight stations. b. CCTV
There should be a closed circuit television system (CCTV) provided with a 10” monitor in both the wheelhouse and the Main Switch Board room. The system shall cover the engine room area (1camera), rudder room, and aft deck
6.18.2 External communication
6.18.2.1 VHF radiotelephones o Two VHF radiotelephones make S.P. Radio – type “Sailor” Compact 6222, 25 W, o with all international channels should be fitted onboard. o VHF 1, to be provided with one VHF antenna and one DSC antenna in the mast. The DSC antenna should provide DSC and DSC watch receiver (Ch. 70) functionality. o VHF 2, to be provided with one VHF antenna in the mast (only VHF functionality), with loudspeaker with tele-microphone in the mess room and connected to the intercom system. o A repeater should be fitted in the captain’s and engineer’s cabin. o Both VHF’s are to be provided with one man control, consisting of control switch/gooseneck microphone.
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6.18.2.2 VHF hand-held transceivers
Two VHF hand-held transceivers should be provided of Make: Jotron and Type: TRON TR-20
6.18.2.3 SSB radio telephone Note: required for area A2 o An SSB/AM radio telephone with a maximum output power of 150 W and 200 selectable channels should be installed onboard. The Make should be Furuno Type : FS-1570 o In receiving mode the frequencies should be such that they can be scanned. The antenna should be mounted on the wheelhouse top deck or in the mast. The SSB radio telephone should be equipped with a watch receiver (2187.5 KHz) and integrated DSC unit (GMDSS). o SSB antenna should be fitted on the base plate of the mast and to be 6M length.
6.18.2.4 Inmarsat system
Note: required for area A2 without Navtex coverage and area A3 o One Inmarsat C system according GMDSS requirements should be fitted in the wheelhouse. The Make should be Furuno, Type: Felcom 18. o The Inmarsat C system should be fitted with LCD type display and separate keyboard and a printer fitted in the wheelhouse. o Long Range Identification and Tracking (LRIT) system is to be integrated onboard.
6.18.2.5 Spare Inmarsat system
Note: required for area A3 o One spare Inmarsat C system, according GMDSS requirements should be fitted. The Make should be Furuno, Type : Felcom 18 o The Inmarsat C system should be fitted with LCD type display and separate keyboard fitted in the Captain’s cabin.
6.18.2.6 NAVTEX
One Navtex receiver should be installed with capacity to store up to 64 message identifications, selection of stations, etc. Make should be Furuno, Type NX-700
6.18.2.7 AIS system
An automatic identification system should be fitted, connected to GPS and VHF. Within VHF- range the position, course, speed, navigational status etc. of surrounding vessels being displayable on the AIS. Make should be Furuno, Type FA150
6.18.2.8 EPIRB
A single EPIRB, make Jotron, type TRON-40s, operating on 121, 5 and 406 MHz, complete with lithium battery, antenna unit, test facilities and manual, a Float free bracket FB-4 with hydrostatic release should be installed.
6.18.2.9 SART
One complete "search and rescue radar transponder" make Jotron, type TRONSART20, operating on 9 GHz, is to be fitted.
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6.18.3 Infotainment system
6.18.3.1 Internet system An internet/television antenna system should be fitted. Sockets to be provided in the wheelhouse, mess room and all cabins.
Two Toshiba or HP Lap tops should be delivered together with the tug these shall be used by the Captain and Chief Engineer for other KPA Work Systems
6.18.3.2 Computer network a. Computer network is to be installed based on Ethernet technology with RJ45 plugs in the following spaces: o Wheelhouse o Switchboard room o Mess room o Captain’s cabin o Chief Engineer’s cabin o Crew cabins
b. High quality Ethernet cables should be used and a triple band wireless voice data gateway to be provided. c. An external antenna type GSM HSDPA should be installed in the navigation mast, of make Comrod, type AC15-P or equivalent. d. The system should be able to be activated using the local service providers in Kenya. e. A combined TV aerials system for digital TV sets should be provided in the mess room.
6.18.4 Meteorological equipment
There should be an aneroid barometer Ø 4" onboard mounted in the wheelhouse.
The Anemometer to be of Make Windsonic OMC 115 for ultra-sonic wind speed and wind direction measurement, or equivalent to be installed, with a sensor fitted on top deck
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Schedule of Requirements for recommended 2 years (warranty period) TUG spares
No Item Description Quantity 1 Main Engine fuel filters 8 sets 2 Main Engine Lubricating oil filters 8 sets 3 Auxiliary Engines Fuel filters 12 sets 4 Auxiliary Engines Lubricating oil filters 12 sets 5 Auxiliary Engines air filter element 9 sets 6 Main Engines air filter elements-include soot filters 12 sets 7 Air compressors air filter element 6 sets 8 Air compressors lube oil filters 6 sets 9 Main Engines air soot filters 8sets 10 Fuel water separator(sepa filter) 8 sets 11 Air compressor suction valves 8 sets 12 Air compressor discharge valves 8 sets 13 Fuel oil Purifier overhaul kit 2 sets 14 Fuel oil purifier O-rings, bowl set and bearings 2 sets 15 Pumps seal set 2 sets 16 Pumps couplings with rubber dampers 4 sets 17 Gasket kit 2 sets 18 Lighting fittings 1 sets 19 Thermostatic temperature sensing gun 2 pcs 20 Portable pressure indicating gauges (0-20 bars) (0-40 bars) & 2 pcs each (0-60 bars) 21 Portable VHF Radio 2 sets 22 Portable VHF Radio Spare Batteries 4 pcs 23 VHF Radio Antenna 1 pc 24 HF Radio Antenna 1 pc 25 SAT C Antenna 1 pc 26 DSC Antenna 1 pc 27 Life Raft 1 pc 28 Pressurized Cleaning Machine 1 pc 29 MOB Smoke/Light Marker 2 pcs 30 Intercom Head Phones 2 pcs 31 Electric Chipping Machine 2 pcs 32 Twisted Cup Wire Brush for Chipping Machine 10 pcs 33 3T “D” Shackles 20 pcs 34 4T “D” Shackles 20 pcs 35 5T “D” Shackles 20 pcs
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SECTION VIII: TENDER FORMS
TENDER NO. KPA/050/2016-17/ME - SUPPLY AND COMMISSIONING OF 1NO. TUG BOAT Page 166 of 185 A. Form of Tender Tender No: Date: To: Sir/Madam: Having examined the Tender documents including Addenda Nos. [insert addenda numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply, deliver and commission 1No. Tug Boat in conformity with the said Tender documents for the sum of ______[total Tender amount in words and figures] or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender.
We undertake, if our Tender is accepted, to deliver the Goods in accordance with the delivery schedule specified in the Schedule of Requirements.
If our Tender is accepted, we undertake to provide a performance security in the form, in the amounts, and within the times specified in the Tender documents.
We agree to abide by this Tender for the Tender validity period specified in Clause 18.1 of the Tender Data Sheet, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
We are not participating, as Tenderers, in more than one Tender in this Tendering process.
Our firm, its affiliates or subsidiaries – including any subcontractors or suppliers for any part of the contract – has not been declared ineligible by the Government of Kenya under Kenyan laws.
Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us.
We understand that you are not bound to accept the lowest or any Tender you may receive.
We certify/confirm that we comply with the eligibility requirements as per ITT Clause 3 of the Tender documents
Dated this ______day of ______20______. (Name) ______[signature] [in the capacity of] Duly authorized to sign Tender for and on behalf of ______
SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 168
B. Price Schedules for Goods and Related Services (use as format)
Name of Tenderer ………………………. IFB Number ……………. Page ……… of ……………
Item Description Unit Qty Unit price Total Price Delivery CIF CIF Offered Mombasa Mombasa -weeks 1 New 75T Tug Boat with all Each 1 requirements as per the technical specifications 2 Cost of spares to be used Lot during 24 months warranty period 3 Priced list of special tools Lot 4 Cost of Familiarization Au training of six (6) in the country of Shipbuilding just before delivery 5 Cost of Specialized training of Au six (6) in the country of Shipbuilding just before delivery 6 Cost of deviations from Lot specifications if any 7 Optional extras (if any)
Name ………………………………………in the capacity of ………………………………………
Signature of Tenderer……………………………………………………………………………………
Duly authorized to sign the Tender for and on behalf of ……………………………………………………………………………
Dated on ……………………………………. day of …………………………………. 20 …………………………………….
Note: In case of discrepancy between unit price and total, the unit price shall prevail.
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Confidential Business Questionnaire
1. Individual 1.1 Legal status of Tenderer: [attach copies of statutory registration Tenderers or documents] Individual Members of Place of registration: [insert] Joint Ventures Principal place of business: [insert Detailed Physical address, Building, street town country Telephone , fax, email and website]
Power of attorney of signatory of Tender: [attach]
Other official contact person(s) –
indicate telephone and email addresses
1.2 Total annual volume of Services performed in (three-3) years, in the internationally traded currency specified in the Tender Data Sheet: [USD]
1.3 Services performed as prime Supplier on the provision of Services of a similar nature and volume over the last (Five) years. The values should be indicated in the same currency used for Item 1.2 above. Also list details of work under way or committed, including expected completion date.
Project name and Name of Procuring Type of Services Value of Contract country Entity and contact provided and year of person completion
(a)
(b)
1.5 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data. Refer also to Clause 14.4(d) of the Instructions to Tenderers.
Position Name Years of experience Years of experience (general) in proposed position
(a)
(b)
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1.6 Proposed subcontracts and firms involved. Refer to Clause 23 of General Conditions of Contract.
Sections of the Value of Subcontractor Experience in providing Services Subcontract (name and address) similar Services
(a)
(b)
1.7 Financial reports for the last (3) years: balance sheets, profit and loss statements, auditors’ reports, etc. List below and attach copies.
1.8 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attach copies of support documents. We certify/confirm that we comply with eligibility requirements as per ITT Clause 3 of the Tender documents.
1.9 Name, address, and telephone, telex, and facsimile numbers of banks that may provide references if contacted by the Procuring Entity.
1.10 Information regarding any litigation, current or within the last 10) years, in which the Tenderer is or has been involved.
Other party(ies) Cause of dispute Details of litigation Amount award involved
(a)
(b)
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1.11 Information regarding Occupation Health and Safety Policy and Safety Records of the Tenderer.
1.12 Statement of compliance with the requirements of Clause 3.4 of the Instructions to Tenderers.
1.13 Proposed Program (service work method and schedule). Descriptions, drawings, and charts, as necessary, to comply with the requirements of the Tender documents.
We, the undersigned declare that
(a) The information contained in and attached to this form is true and accurate as of the date of Tender submission
Authorized Signature: ______
Name and Title of Signatory: ______
Name of Tenderer:
Address:
Company Stamp/ seal ______
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DECLARATION FORM (MANDATORY REQUIREMENT)
Date
To
The tenderer i.e. (name and address) declare the following:
a) Has not been debarred from participating in public procurement.
b) Has not been involved in and will not be involved in corrupt and fraudulent practices regarding public procurement.
Title Signature Date
(To be signed by authorized representative and officially stamped)
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C. Integrity Declaration
UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT AND COMPLIANCE PROGRAMME
1. Each Tenderer must submit a statement, as part of the Tender documents, in the given format which must be signed personally by the Chief Executive Officer or other appropriate senior corporate officer of the Tendering company and, where relevant, of its subsidiary in the Kenya. If a Tender is submitted by a subsidiary, a statement to this effect will also be required of the parent company, signed by its Chief Executive Officer or other appropriate senior corporate officer.
2. Tenderers will also be required to submit similar No-bribery commitments from their subcontractors and consortium partners; the Tenderer may cover the subcontractors and consortium partners in its own statement, provided the Tenderer assumes full responsibility.
3. a) Payment to agents and other third parties shall be limited to appropriate compensation for legitimate services. b) Each Tenderer will make full disclosure in the Tender documentation of the beneficiaries and amounts of all payments made, or intended to be made, to agents or other third parties (including political parties or electoral candidates) relating to the Tender and, if successful, the implementation of the contract. c) The successful Tenderer will also make full disclosure [quarterly or semi- annually] of all payments to agents and other third parties during the execution of the contract. d) Upon completion of the performance of the contract, the successful Tenderer will formally certify that no bribes or other illicit commissions have been paid. The final accounting shall include brief details of the goods and services provided that they are sufficient to establish the legitimacy of the payments made. e) Statements required according to subparagraphs (b) and (d) of this paragraph will have to be certified by the company's Chief Executive Officer, or other appropriate senior corporate officer. 4. Tenders which do not conform to these requirements shall not be considered.
5. If the successful Tenderer fails to comply with its No-bribery commitment, significant sanctions will apply. The sanctions may include all or any of the following:
a) Cancellation of the contract;
b) Liability for damages to the procuring entity and/or the unsuccessful competitors in the tendering process.
6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery Policy/Code of Conduct, if any, and of their general or project-specific Compliance Program.
7. The Government of Kenya has made special arrangements for adequate oversight of the procurement process and the execution of the contract, and has invited civil society and other competent Government Departments to participate in the oversight. Those charged with the oversight responsibility will have full access to all documentation submitted by Tenderers for this contract, and to which in turn all Tenderers and other parties involved or affected by the project shall have full access (provided, however, that no proprietary information concerning a Tenderer may be disclosed to another Tenderer or to the public).
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ANTI-CORRUPTION DECLARATION COMMITMENT/ PLEDGE
(Sections39, 40,41,42,43 & of the PPD Act, 2005)
I/We/Messrs……………………………………………………………………………. of Street, Building, P O Box……………………………………………………………
…………………………………………………………………………………………..
Contact/Phone/E mail………………………………………………………………….. declare that Public Procurement is based on a free and fair competitive Tendering process which should not be open to abuse.
I/We ..………………………………………………………………………………….. declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any public officer, their relations or business associates, in connection with
Tender name……………………………………………………………..
Tender No ………………………..………………………………………………. for or in the subsequent performance of the contract if I/We am/are successful.
Authorized Signature......
Name and Title of Signatory……………………………………………………………
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D. Letter of notification to Unsuccessful Bidders
Dear Sir
This is to inform you in accordance with Section 67 of the Public Procurement and Disposal Act 2005 that your offer in relation to [tender name and number] has been determined to be unsuccessful upon evaluation. We intend to make a contract with [name of successful tenderer] for [amount]. Your tender security / tender security declaration will be discharged.
Thank you for your participation in the tendering process.
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E. Letter of Acceptance
[Letterhead paper of the Procuring Entity ]
[Date] Letter of Acceptance
To: [name and address of the Service provider]
This is to notify you that your Tender dated [date] for execution of the [name of the Contract and identification number, as given in the Contract data sheet] for the Contract Price of the equivalent of [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers is hereby accepted by us and it is our intention to proceed to make a written contract in accordance with the terms of section 68 of the Public Procurement and Disposal Act 2005 after the 14 day period of notification has expired. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter.
Note: Insert one of the 3 options for the second paragraph. The first option should be used if the Bidder has not objected the name proposed for Adjudicator. The second option if the Bidder has objected the proposed Adjudicator and proposed a name for a substitute, who was accepted by the Procuring Entity. And the third option if the Bidder has objected the proposed Adjudicator and proposed a name for a substitute, who was not accepted by the Procuring Entity.
We confirm that [insert name proposed by Procuring Entity in the Tender Data Sheet], or
We accept that [name proposed by Tenderer] be appointed as the Adjudicator or
We do not accept that [name proposed by Tenderer] be appointed as adjudicator, and by sending a copy of this letter of acceptance to [insert the name of the Appointing Authority], we are hereby requesting [name], the Appointing Authority, to appoint the Adjudicator in accordance with Clause 44.1 of the Instructions to Tenderers.
You may proceed with the said Contract in accordance with the Contract documents once the written contract has been signed.
Please return the attached Contract duly signed
Authorized Signature:______
Name and Title of Signatory:______
Name of Agency:______
Attachment: Contract:
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F. Form of Contract
THIS AGREEMENT made the _____ day of ______20_____ between [name and address of PE] of Kenya (hereinafter called “the Purchaser”) of the one part and [name of Tenderer] of [city and country of Tenderer] (hereinafter called “the Supplier”) of the other part:
WHEREAS the Purchaser invited Tenders for certain goods and ancillary services, viz., [brief description of goods and services] and has accepted a Tender by the Supplier for the supply of those goods and services in the sum of [contract price in words and figures] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:
(a) The Tender Form and the Price Schedule submitted by the Tenderer; (b) The Schedule of Requirements; (c) The Technical Specifications; (d) The General Conditions of Contract; (e) The Contract Data Sheet; and (f) The Purchaser’s Notification of Award.
3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the Laws of Kenya the day and year first above written.
Signed, sealed, delivered by ______the ______(for the Purchaser)
Witness to the signatures of the Purchaser:______Signed, sealed, delivered by ______the ______(for the Supplier)
Witness to the signatures of the supplier: ______
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SECTION IX: FORMS OF SECURITY
178 TENDER NO. KPA/050/2016-17/MO - SUPPLY & COMMISSIONING OF 1NO. NEW TUG BOAT A. Tender Security (MANDATORY REQUIREMENT)
Bank letterhead
Whereas ………………………………………. [name of the tenderer] (hereinafter called “the tenderer”) has submitted its tender dated …………. [date of submission of tender] for the supply, installation and commissioning of ……………………[name and/or description of the equipment] (hereinafter called “the Tender”) ……………………………………….. KNOW ALL PEOPLE by these presents that WE ……………………… of ………………………. having our registered office at ………………… (hereinafter called “the Bank/Insurance Company”), are bound unto …………….. [name of Procuring entity} (hereinafter called “the Procuring Entity”) in the sum of …………………….. for which payment well and truly to be made to the said Procuring Entity, the Bank/Insurance Company binds itself, its successors, and assigns by these presents.
Sealed with the Common Seal of the said Bank/Insurance Company this day of 20 .
THE CONDITIONS of this obligation are:- 1. If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer on the Tender Form; or 2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring entity during the period of tender validity: fails or refuses to execute the Contract Form, if required; or fails or refuses to furnish the performance security in accordance with the Instructions to tenderers;
We undertake to pay to the Procuring entity up to the above amount upon receipt of its first written demand, without the Procuring entity having to substantiate its demand, provided that in its demand the Procuring entity will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.
This tender guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Bank not later than the above date.
[signature of the Bank/Insurance Company]______[seal]
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B. Performance Bank Guarantee [Unconditional]
To …………………………………………. [name of Procuring entity]
WHEREAS …………………………………… [name of tenderer] (hereinafter called “the tenderer”) has undertaken , in pursuance of Contract No. [reference number of the contract] dated 20 to supply ……………………………………………… [description of goods] (hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall furnish you with a Bank guarantee by a reputable Bank for the sum specified therein as security for compliance with the Tenderer’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the tenderer a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the tenderer, up to a total of ………………………. [amount of the guarantee in words and figure] and we undertake to pay you, upon your first written demand declaring the tenderer to be in default under the Contract and without cavil or argument, any sum or sums within the limits of …………………….. [amount of guarantee] as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the day of 20
Signed and seal of the Guarantors
[name of Bank ]
[address]
[date]
180 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 181
C. Bank Guarantee for Advance Payment
To ……………………………… [name of Procuring entity]
[name of tender] …………………..
Gentlemen and/or Ladies:
In accordance with the payment provision included in the Contract Data Sheet, which amends the General Conditions of Contract to provide for advance payment, …………………………………………………. [name and address of tenderer](hereinafter called “the tenderer”) shall deposit with the Procuring entity a Bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of …… …………………. [amount of guarantee in figures and words].
We, the ……………………………. [Bank ], as instructed by the tenderer, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Procuring entity on its first demand without whatsoever right of objection on our part and without its first claim to the tenderer, in the amount not exceeding …………………… [amount of guarantee in figures and words]
We further agree that no change or addition to or other modification of the terms of the Contract to be performed there-under or of any of the Contract documents which may be made between the Procuring entity and the tenderer, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification.
This guarantee shall remain valid in full effect from the date of the advance payment received by the tenderer under the Contract until ………… [date].
Yours truly,
Signature and seal of the Guarantors
[name of Bank]
[address]
[date]
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D. Manufacturer’s Authorization Form (Not Applicable)
To: [name of the Purchaser]
WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of, and have the rights to manufacture, [name and/or description of the goods] having factories at [address of factory] do hereby authorize [name and address of Agent] to submit a Tender, and subsequently negotiate and sign the Contract with you against IFB No. [reference of the Invitation to Tender] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per Clause 17 of the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Tenders.
______[signature for and on behalf of Manufacturer]
Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent and having the power of attorney to bind the Manufacturer. It should be included by the Tenderer in its Tender.
182 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 183
SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD
183 FORM RB 1 REPUBLIC OF KENYA PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN ……………………………………………………….APPLICANT AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated the…day of ………….20……….in the matter of Tender No………..…of …………..20… REQUEST FOR REVIEW I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board to review the whole/part of the above mentioned decision on the following grounds , namely:- 1. 2. etc. By this memorandum, the Applicant requests the Board for an order/orders that: - 1. 2. etc SIGNED ………………. (Applicant) Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of ………....20….……… SIGNED Board Secretary
184 SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD 185
185