Invitation for Bids (IFB)

Date: 14th March,2023

Project Name: CKE1135-NAIROBI WATER AND SANITATION PROJECT

IFB No: AWWDA/AFD/NWSP/W-02/2023

1. Athi Water Works Development Agency (AWWDA) has received funds from Agence Française de Développement ("AFD") towards the cost of CKE1135 – Nairobi Water and Sanitation Project. It is intended that parts of the proceeds of these funds will be applied to eligible payments under the contract for Construction Works for Kabete-Olesereni Pipeline, West and South Nairobi Water and Sewerage Project.
2. Athi Water Works Development Agency (AWWDA) now invites sealed Bids from eligible Bidders for the construction and completion of Construction Works for Kabete-Olesereni Pipeline, West and South Nairobi Water and Sewerage Project (“the Works”).
3. The Works include but not limited to:

• Construction of the Kabete-Olesereni Pipeline, DN 600 Ferrous (Steel or Ductile Iron) Pipeline, length 19.6 km
• Construction of Water Distribution Pipelines, HDPE and Ferrous (Steel or Ductile Iron Pipeline) size 63mm to 600mm diameter, total length 57 km in Kangemi, Dagoretti- Kinoo, Kawangware, Wilson Airport Area, Kabiria, Ngong Forest, Karen Plains and Kirigu areas, including approximately 560Nr Consumer Connections and approximately 10km of OD 20 - OD 32 Service Mains to facilitate the Connections.
• Construction of 1Nr Reinforced Concrete Water Storage Tank at Karen, capacity 5,500m3.
• Construction of Reticulation Sewers, OD 200 to OD 300 Double Wall Corrugated (DWC) Pipes, approximate total length 63 km in Dagoretti, Ngando, Riruta, Kawangware, Kangemi and Uthiru areas, including approximately 640Nr Consumer Connections and approximately 12km of OD160 – OD200 Tertiary Sewers to facilitate the Connections.
The construction period is twenty-four (24) months.
A Pre-bid meeting and Site Visit will take place on 28th March,2023 at 9.00 a.m. starting at Athi Water Plaza, Ground Floor Board Room along Muthaiga North Road.

4. Interested eligible Bidders may obtain further information from the address specified below and inspect the Bidding Documents during office hours from 08:00am to 05:00pm East African Time from Monday to Friday, except during lunch hour (1:00pm to 2:00pm), weekends and public holidays.
5. A complete set of Bidding Documents may be purchased by interested Bidders on the submission of a written application to the address below and upon payment of a non-refundable fee of Ksh. 1,000 (Kenya Shillings One Thousand Only) or equivalent in a freely convertible currency. The method of payment will be Cash or Banker’s Cheque. The Bidding Documents will be collected from the address given below upon production of a purchase receipt. Documents can also be downloaded from the AWWDA website: www.awwda.go.ke and www.tenders.go.ke, Bidders who download the bidding document from the website MUST forward their particulars immediately to procurement@awwda.go.ke, for records and any further clarifications and addenda.
6. The provisions in the Instructions to Bidders and in the General Conditions of Contract are the provisions of AFD's Standard Bidding Documents: Procurement of Works.
7. Bids must be delivered to the address given below on or before 12:00 pm East African Time on 10th May,2023 and must be accompanied by a Bid Security of Kshs. 5,000,000.00 (Kenya Shillings Five Million). Bids must be clearly marked ‘Construction Works for Kabete-Olesereni Pipeline, West and South Nairobi Water and Sewerage Project. Contract No. AWWDA/AFD/NWSP/W-02/2023’
8. Bids will be opened in the presence of Bidders’ representatives who choose to attend at 12:05 pm East African Time on 10th May,2023 at the address given below:
9. Qualification criteria are as follows:
(a) Interested firms must have been in existence and in construction business for over 5 years and will provide certified audited financial statements for the last 3 years.
(b) Participation as contractor, management contractor, or subcontractor, in at least two (2) contracts within the last five (5) years, each with a value of at least Kenyan Shillings 1,700,000,000.00 (Kenyan Shillings One Billion and Seven Hundred Million), that have been successfully and substantially completed and that are similar to the proposed Works.
(c) Experience in construction of Large Water Transmission Pipelines (diameter 600mm and above), construction of Water Reticulation Pipelines and Sewers (diameters 63mm to 600mm) and construction of Reinforced Concrete Water Retaining Structures (capacity 5,000m3 and above)
(d) Availability of cash-flow of KSHS 300,000,000.00 (Kenyan Shillings three hundred Million) or equivalent amount in freely convertible currency with a Minimum average annual turnover of KSHS 2,000,000,000.00 (Kenyan Shillings two billion) or equivalent amount in freely convertible currency over the last 3 years
(e) Experience of two (2) construction contracts in developing and emerging countries over the last 10 years in which major Environmental, Social, Health and Safety (ESHS) measures were carried out satisfactorily in compliance with international standards and in which the ESHS knowledge transfer to a local partner or the ESHS capacity building of the Employer’s country staff was carried out satisfactorily.
(f) Experience of two (2) contracts involving a presence in the country and completed within the last ten (10) years in an area with a similar security risk requiring the implementation of a security plan as defined by AFD procurement rules.
(g) Signed Statement of Integrity, Eligibility and Environmental and Social Responsibility
10. The address referred to above is:
Chief Executive Officer,
Athi Water Works Development Agency,
Athi Water Plaza,
Muthaiga North Road, Off Kiambu Road
P.O. BOX 45283-00100, Nairobi, Kenya.
Tel: 254-715 688272;
Email: info@awwda.go.ke





Appendix 3 to Bid Statement of Integrity, Eligibility and Environmental and Social Responsibility- MANDATORY

Construction Works for Kabete-Olesereni Pipeline, West and South Nairobi Water and Sewerage Project (the "Contract")

To: The Chief Executive Officer, Athi Water Works Development Agency, P.O. Box 45283 - 00100, Nairobi, Kenya (the “Contracting Authority”)

1. We recognise and accept that Agence Française de Développement (“AFD”) only finances projects of the Contracting Authority subject to its own conditions which are set out in the Financing Agreement which benefits directly or indirectly to the Contracting Authority. As a matter of consequence, no legal relationship exists between AFD and our company, our joint venture or our suppliers, contractors, subcontractors, consultants or subconsultants. The Contracting Authority retains exclusive responsibility for the preparation and implementation of the procurement process and performance of the contract. The Contracting Authority means the Purchaser, the Employer, the Client, as the case may be, for the procurement of goods, works, plants, consulting services or non-consulting services.
2. We hereby certify that neither we nor any other member of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants are in any of the following situations:
2.1 Being bankrupt, wound up or ceasing our activities, having our activities administered by the courts, having entered into receivership, reorganisation or being in any analogous situation arising from any similar procedure;
2.2 Having been:
a) convicted, within the past five years by a court decision, which has the force of res judicata in the country where the Contract is implemented, of fraud, corruption or of any other offense committed during a procurement process or performance of a contract (in the event of such conviction, you may attach to this Statement of Integrity supporting information showing that this conviction is not relevant in the context of this Contract);
b) subject to an administrative sanction within the past five years by the European Union or by the competent authorities of the country where we are constituted, for fraud, corruption or for any other offense committed during a procurement process or performance of a contract (in the event of such sanction, you may attach to this Statement of Integrity supporting information showing that this sanction is not relevant in the context of this Contract);
c) convicted, within the past five years by a court decision, which has the force of res judicata, of fraud, corruption or of any other offense committed during the procurement process or performance of an AFD-financed contract;
2.3 Being listed for financial sanctions by the United Nations, the European Union and/or France for the purposes of fight-against-terrorist financing or threat to international peace and security;
2.4 Having been subject within the past five years to a contract termination fully settled against us for significant or persistent failure to comply with our contractual obligations during contract performance, unless this termination was challenged and dispute resolution is still pending or has not confirmed a full settlement against us;
2.5 Not having fulfilled our fiscal obligations regarding payments of taxes in accordance with the legal provisions of either the country where we are constituted or the Contracting Authority’s country;

2.6 Being subject to an exclusion decision of the World Bank and being listed on the website http://www.worldbank.org/debarr (in the event of such exclusion, you may attach to this Statement of Integrity supporting information showing that this exclusion is not relevant in the context of this Contract);
2.7 Having created false documents or committed misrepresentation in documentation requested by the Contracting Authority as part of the procurement process of this Contract.
3. We hereby certify that neither we, nor any of the members of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants are in any of the following situations of conflict of interest:
3.1 Being an affiliate controlled by the Contracting Authority or a shareholder controlling the Contracting Authority, unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3.2 Having a business or family relationship with a Contracting Authority’s staff involved in the procurement process or the supervision of the resulting Contract, unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3.3 Being controlled by or controlling another bidder or consultant, or being under common control with another bidder or consultant, or receiving from or granting subsidies directly or indirectly to another bidder or consultant, having the same legal representative as another bidder or consultant, maintaining direct or indirect contacts with another bidder or consultant which allows us to have or give access to information contained in the respective applications, bids or proposals, influencing them or influencing decisions of the Contracting Authority;
3.4 Being engaged in a consulting services activity, which, by its nature, may be in conflict with the assignments that we would carry out for the Contracting Authority;
3.5 In the case of procurement of goods, works or plants:
a) Having prepared or having been associated with a consultant who prepared specifications, drawings, calculations and other documentation to be used in the procurement process of this Contract;
b) Having been recruited (or being proposed to be recruited) ourselves or any of our affiliates, to carry out works supervision or inspection for this Contract.
4. If we are a state-owned entity, and to compete in a procurement process, we certify that we have legal and financial autonomy and that we operate under commercial laws and regulations.
5. We undertake to bring to the attention of the Contracting Authority, which will inform AFD, any change in situation with regard to points 2 to 4 here above.
6. In the context of the procurement process and performance of the corresponding contract:
6.1 We have not and we will not engage in any dishonest conduct (act or omission) deliberately indented to deceive others, to intentionally conceal items, to violate or vitiate someone’s consent, to make them circumvent legal or regulatory requirements and/or to violate their internal rules in order to obtain illegitimate profit;
6.2 We have not and we will not engage in any dishonest conduct (act or omission) contrary to our legal or regulatory obligations or our internal rules in order to obtain illegitimate profit;
6.3 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly to (i) any Person who holds a legislative, executive, administrative or judicial mandate within the State of the Contracting Authority regardless of whether that Person was nominated or elected, regardless of the permanent or temporary, paid or unpaid nature of the position and regardless of the hierarchical level the Person occupies, (ii) any other Person who performs a public function, including for a State institution or a State owned company, or who provides a public service, or (iii) any other person defined as a Public Officer by the national laws of the Contracting Authority’s country, an undue advantage of any kind, for himself or for another Person or entity, for such Public Officer to act or refrain from acting in his official capacity;
6.4 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly to any Person who occupies an executive position in a private sector entity or works for such an entity, regardless of the nature of his/her capacity, any undue advantage of any kind, for himself or another Person or entity for such Person to perform or refrain from performing any act in breach of its legal, contractual or professional obligations;
6.5 We have not and we will not engage in any practice likely to influence the contract award process to the detriment of the Contracting Authority and, in particular, in any anti competitive practice having for object or for effect to prevent, restrict or distort competition, namely by limiting access to the market or the free exercise of competition by other undertakings;
6.6 Neither we nor any of the members of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants shall acquire or supply any equipment nor operate in any sectors under an embargo of the United Nations, the European Union or France;
6.7 We commit ourselves to comply with and ensure that all of our suppliers, contractors, subcontractors, consultants or subconsultants comply with international environmental and labour standards, consistent with laws and regulations applicable in the country of implementation of the Contract, including the fundamental conventions of the International Labour Organisation (ILO) and international environmental treaties. Moreover, we shall implement environmental and social risks mitigation measures when specified in the environmental and social commitment plan (ESCP) provided by the Contracting Authority.
7. We, as well as members of our joint venture and our suppliers, contractors, subcontractors, consultants or subconsultants authorise AFD to inspect accounts, records and other documents relating to the procurement process and performance of the contract and to have them audited by auditors appointed by AFD.

Name: In the capacity of:
Duly empowered to sign in the name and on behalf of :
Signature:
Dated: