Volume A1 Instructions to Tender - NamPower · the Tenderer takes note of the NEEEP requirements and scoring criteria. 1.3 Objective of this document Namibia Power Corporation (Pty)

NPWR/2015/02

TENDER FOR SUPPLY OF LED BULBS REQUIRED

FOR THE NAMPOWER 1mLED CAMPAIGN

Volume A1

Instructions to Tender

COPYRIGHT © NAMPOWER (PTY) Ltd

ALL RIGHTS RESERVED, NO PART OF THIS WORK MAY BE MODIFIED OR REPRODUCED OR

COPIES IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING

PHOTOCOPYING, RECORDING, TAPING OR INFORMATION AND RETRIEVAL SYSTEM, OR USED

FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN

PERMISSION OF NAMPOWER (PTY) LIMITED

This page is intentionally left blank.

1MLED CAMPAIGN

TENDER DOCUMENT FOR LED BULBS

NAMPOWER Volume A1, Page i

CONTENTS

1 INTRODUCTION ................................................................................................................. 2

1.1 BACKGROUND TO THE DEMAND SIDE MANAGEMENT PROJECT ................................................... 2

1.2 OVERVIEW OF THE 1MLED CAMPAIGN ..................................................................................... 2

1.3 OBJECTIVE OF THIS DOCUMENT ............................................................................................... 3

1.4 DEFINITIONS AND INTERPRETATION .......................................................................................... 3

1.5 TENDER PROCESS ................................................................................................................. 7

1.6 ELIGIBILITY OF TENDERER AND ETHICAL PRACTISE ................................................................... 8

1.7 CONTRACT LIABILITY .............................................................................................................. 9

1.8 COST OF TENDERING ............................................................................................................ 10

1.9 TIMELINE FOR THE TENDER PROCESS .................................................................................... 10

1.10 COMMUNICATION DURING TENDERING PROCESS ..................................................................... 10

1.11 STRUCTURE OF THIS DOCUMENT ........................................................................................... 11

2 THE TENDER DOCUMENTS ............................................................................................ 13

2.1 CONTENT OF TENDER DOCUMENTS ....................................................................................... 13

2.2 CLARIFICATION OF TENDER DOCUMENTS ............................................................................... 14

2.3 AMENDMENT OF TENDER DOCUMENTS ................................................................................... 15

3 PREPARATION OF THE TENDER SUBMISSION ............................................................ 17

3.1 LANGUAGE OF TENDER ......................................................................................................... 17

3.2 FINALISATION OF TENDER SUBMISSION .................................................................................. 17

3.3 CONTENTS OF TENDER SUBMISSION ...................................................................................... 17

3.4 DELIVERY AND DELIVERY TIME .............................................................................................. 19

3.5 CORPORATE AND ADMINISTRATIVE INFORMATION .................................................................... 19

3.6 JOINT VENTURE AND CONSORTIUM REQUIREMENTS ................................................................ 21

3.7 NEEEP REQUIREMENTS ....................................................................................................... 22

3.8 TENDER PRICES AND CURRENCIES ........................................................................................ 22

3.9 DEVIATIONS AND MODIFICATIONS .......................................................................................... 23

3.10 SUBMISSION OF COMPLETED TENDER .................................................................................... 24

3.11 TENDER VALIDITY PERIOD ..................................................................................................... 26

3.12 TENDER BOND ..................................................................................................................... 26

4 TENDER OPENING AND TENDER EVALUATION .......................................................... 29

4.1 TENDER OPENING ................................................................................................................ 29

4.2 CONFIDENTIALITY OF EVALUATION AND EFFORTS TO INFLUENCE .............................................. 29

4.3 CLARIFICATION OF TENDER SUBMISSION ................................................................................ 29

4.4 DETERMINATION OF RESPONSIVENESS OF TENDER ................................................................. 30

4.5 CORRECTION OF ERRORS ..................................................................................................... 30

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NAMPOWER Volume A1, Page ii

4.6 LEGAL EVALUATION OF TENDER ............................................................................................ 30

4.7 EVALUATION OF TECHNICAL PROPOSAL .................................................................................. 31

4.8 EVALUATION OF FINANCIAL PROPOSAL AND NEEEP INFORMATION ........................................... 32

4.9 FINAL SCORE OF THE TENDER SUBMISSION ............................................................................ 35

4.10 DISCUSSIONS WITH SHORTLISTED TENDERERS ....................................................................... 36

4.11 NAMPOWER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL TENDERS ......................................... 36

4.12 NOTIFICATION OF AWARD ...................................................................................................... 36

4.13 SIGNING THE CONTRACT AGREEMENT ................................................................................... 37

4.14 PERFORMANCE BOND ........................................................................................................... 37

5 LEGISLATION ................................................................................................................... 39

5.1 COMPLIANCE WITH LAWS, REGULATIONS, LICENCES AND PERMITS........................................... 39

LIST OF TABLES

Table 1: Timeline for Tender Process .................................................................................... 10

Table 2: NEEEP score table ................................................................................................... 33

1mLED Campaign

Tender Document For LED Bulbs

NAMPOWER Volume A1, Page 1 of 39

SECTION 1

INTRODUCTION

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1 INTRODUCTION

1.1 Background to the Demand Side Management Project

The supply and demand scenario in Namibia shows a trend of significant power supply

shortage in the foreseeable future, due to the increase in the demand and limited generating

capacity. The situation has thus prompted NamPower to implement various solutions under

its Short-Term Critical Supply (STCS) Project to address the shortage of electricity. One of

these projects is the NamPower Demand Side Management (DSM) Project, which aims to

reduce demand on the NamPower network during peak times and cost effectively address

the electricity supply constraints. NamPower’s DSM Project includes four separate DSM

campaigns:

1. The one million light emitting diode bulbs campaign (1mLED Campaign);

2. The twenty thousand solar water heater campaign (20kSWH Campaign);

3. The Virtual Power Station and Demand Reduction campaign (VPS&DR

Campaign); and

4. The Public Awareness and Information campaign (PAI Campaign) that supports

the implementation of the first three campaigns.

The information presented in this document pertains to the 1mLED Campaign.

1.2 Overview of the 1mLED Campaign

The objective of the 1mLED Campaign is to replace one million incandescent bulbs in the

residential sector by light emitting diode (LED) bulbs. The LED bulbs will be distributed and

installed free of charge in the houses of the Beneficiaries. The 1mLED Campaign focuses

on the replacement of those incandescent bulbs used in the domestic sector which are likely

to be switched on during peak demand times by LED bulbs.

The concept behind the implementation of the campaign is to use local installation teams

which are managed by LED champions, and replace incandescent bulbs with LED bulbs

using a door-to-door approach in each location. The implementation of the campaign is

planned to commence in mid-2015 and to be completed within 18 to 24 months.

The implementation of the 1mLED Campaign will be implemented in a phased approach;

starting with the Pilot Phase (and if successful and approved by the NamPower Board)

continuing to the Maxi Phase.

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The Pilot Phase of the 1mLED Campaign and the associated procurement of 100,000 bulbs

have been approved by the NamPower Board. There is however a hold point between the

Pilot Phase and the Maxi Phase and only once the Maxi Phase has been approved by the

NamPower Board will the remaining 900,000 bulbs be procured.

The implementation of the 1mLED Campaign compromises the following two tenders:

(a) This Tender for “Supply of LED bulbs required for the NamPower 1mLED

Campaign” which involves the procurement of the LED bulbs and

(b) A second tender “Procurement of LED champions required for the NamPower

1mLED Campaign” which involves the procurement of services required to

install the LED bulbs.

Each phase of the campaign will be individually monitored and verified to ensure that the

demand and energy savings as a result of the campaign are accurately accounted for.

Any company (local or international) may submit a Tender, provided that all aspects of the

Tender Submission comply with the Tender Documents (Volumes A, B, C and D) and that

the Tenderer takes note of the NEEEP requirements and scoring criteria.

1.3 Objective of this document

Namibia Power Corporation (Pty) Ltd., the electricity utility of the Republic of Namibia

(hereafter referred to as ‘NamPower’), invites Tenders for the supply of light emitting diode

(LED) light bulbs according to the requirements stipulated in these Tender Documents.

1.4 Definitions and Interpretation

Capitalised words and expressions used in these Instructions to Tenderers shall have the

following meanings:

"1mLED Campaign" means the DSM Campaign aimed at replacing one million critical

domestic incandescent bulbs which are likely to be switched on during peak times with Light

Emitting Diodes (LED) bulbs;

“Beneficiary” means the individual who benefits from having LED bulbs installed in his /her

house;

"Clarification Request Deadline" shall mean 12h00 on the date falling fourteen (14) days

prior to the Tender Closing Date;

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"Contract" means the Contract Agreement and any further documents (if any) which are

listed in the Contract Agreement;

"Contract Agreement" means the contract agreement signed by the LED Supplier and

NamPower on award of the Contract and which is in accordance with Volume C Returnable

Form C10.

“Contract Price” means the agreed, contractual amount for the supply of LED bulbs required

for the 1mLED Campaign, as per the Specification. The Contract Price includes all

disbursements, warranties, securities, insurance, transportation, storage, duties and taxes

but exclusive of Value Added Tax (VAT) for the Goods and Services as agreed between

NamPower and the LED Supplier at the signing of the Contract Agreement;

“DSM Campaign” means one of the specific DSM initiatives (i.e. 1mLED Campaign) under

the DSM Project;

“DSM Project” means the Demand Side Management Project which aims to reduce

electricity demand during peak demand times;

“Full Contract Price” means the agreed Contract Price for the supply of the LED bulbs

required during the Pilot and Maxi Phase, if approved (i.e. the sum of the Pilot Contract Price

and the Maxi Contract Price), as per the Specification;

"Instructions to Tenderers" means this section of the Tender Documents;

“Goods and Services” means the work necessary to provide the goods and services for the

supply of LED bulbs required for the NamPower 1mLED Campaign;

“LED” means light emitting diode bulb;

"LED Specification" or "Specification” means the specification for LED bulbs including the

Goods Information and Supply Requirements as provided in Volume B1;

“LED Supplier” means the entity appointed by NamPower who will be responsible for the

delivery of bulbs according to the LED Specification provided in Volume B1;

“Maxi Contract Price” means the agreed Contract Price for the supply of the LED bulbs

required during the Maxi Phase, as per the Specification;

“Maxi Phase” means the replacement of the remainder of the 1 000 000 incandescent bulbs

(i.e. 900 000) with LED bulbs;

"NamPower" means Namibia Power Corporation (Pty) Ltd;

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“NEEEP” means the NamPower Equitable Economic Empowerment Policy which was

accepted and agreed by the NamPower Board of Directors;

"NamPower Tender and Procurement Policy" means the NamPower Tender and

Procurement Policy dated 1 December 2011, which is available on NamPower's website

(www.nampower.com.na);

“Order Value” means the complete costs for the LED bulbs which are provided in a specific

shipment and where the sum of the order values equals the Full Contract Price;

"Performance Bond" means a bank guarantee which is in the appropriate form set forth in

Volume C Returnable Form C11 and complies with the requirements in the Specification for

LED bulbs provided in Volume B1;

“Pilot Contract Price” means the Contract Price for the supply of the LED bulbs required

during the Pilot Phase, as per the Specification;

”Pilot Phase” means the replacement of 100,000 incandescent bulbs with LED bulbs. If

approved by the NamPower Board and depending on the outcome achieved in the Pilot

Phase, the 1mLED Campaign will continue to the Maxi Phase;

“Price Schedules” means the schedules completed by the Tenderer for the supply of the

LED bulbs required for the NamPower 1mLED Campaign as per the Specification;

"Returnable Forms" means all forms set out in the Returnable Forms on Tender

Submission in Volume C;

“Specification” means the specification for LED bulbs contained in Volume B1 comprising

the Goods Information and Supply Requirements for the 1mLED Campaign;

“Tender” or “Tender Submission” means the response submitted by the Tenderer to

these Tender Documents and which comprises a technical proposal and financial proposal;

“Tenderer(s)” means the respondent(s) who register on the NamPower Website and then

submit a response to these Tender Documents;

"Tender Bond" means a bank guarantee which is in the appropriate form set forth in Volume

C Returnable Form C12 and which complies with the requirements of section 3.12 of the

Instruction to Tenderers;

"Tender Closing Date" means the deadline for submission of Tender set forth in section 1.9

of the Instruction to Tenderers;

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"Tender Documents" means these tender documents comprising those parts set out in

section 2.1 of the Instruction to Tenderers;

"Tender Opening Ceremony" means the opening ceremony of each Tender, as described

in section 4.1 of the Instruction to Tenderers;

“Tender Process” means the clarification, amendment, submission, evaluation, negotiation

and award process (see section 1.5) which is followed until the successful Tenderer is

appointed as the Supplier(s) of LED bulbs for the 1mLED Campaign;

"Tender Validity Period" means the period as set forth in section 3.11 of the Instruction to

Tenderers for which the tender is valid;

“Warranty Claim(s)”or “Defect(s)” means that the LED bulb is defective and does not

perform according to Specification; and

“Warranty Period“ or “defect period” means the period in which the Beneficiary may return a

defective bulb to the LED Supplier or local LED distributor.

Where:

(a) any reference to a day(s) means a calendar day(s);

(b) words importing any one gender shall include the other gender;

(c) the singular shall include the plural and vice versa;

(d) a reference to natural persons shall include a business entity (corporate or

unincorporated) and vice versa;

(e) the headings have been inserted for convenience only and shall not be used for

nor assist or affect its interpretation;

(f) if anything in a definition is a substantive provision conferring rights or imposing

obligations on anyone, effect shall be given to it as if it were a substantive

provision in the body of this Agreement;

(g) references to materials, information, data and other records shall be to

materials, information, data and other records whether stored in electronic,

written or other form;

(h) capitalised terms used in these Instructions to Tenderers which are not defined

above shall have the meanings given to them in the Contract. References to a

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section are to a section of these Instructions to Tenderers, unless stated

otherwise; and

(i) any reference to a statute (whether or not specifically named herein) shall

include any amendment, re-enactment or replacement thereof for the time being

in force and shall include all instruments, orders, plans, regulations, bye-laws,

permissions and directions for the time being made, issued or given thereunder

or deriving validity therefrom.

1.5 Tender Process

The supply of LED bulbs as described in these Tender Documents will be procured in

accordance with the laws of Namibia, the NamPower Tender and Procurement Policy and

the NamPower Equitable Economic Empowerment Policy.

The Tender Process will involve a single envelope process where the technical and financial

proposals will be submitted simultaneously as part of one Tender Submission. During the

first stage of the evaluation process, the Tender Submissions will be tested for

responsiveness and the adequacy of the information submitted for evaluation is reviewed.

The second stage comprises the detailed evaluation of the Tender Submissions which were

found to be responsive in the first stage.

NamPower, at its sole discretion, may enter into negotiations with any of the Tenderers.

Following such negotiations the Contract may be awarded.

The supply of LED bulbs required for the NamPower 1mLED Campaign as per the

Specification; will be procured based on the NEC Supply Contract: April 2013.

The successful Tenderer(s) (one or several) will be appointed to supply the LED bulbs for the

Pilot Phase of the DSM Project and if the project is approved by the NamPower Board, the

contract will be extended to include the supply of LED bulbs for the Maxi Phase.

NamPower reserves the right to change the quantity of LED bulbs procured at any stage of

the 1mLED Campaign. In the event that the NamPower decides to terminate the 1mLED

Campaign at any stage, or to change the quantity of LED bulbs; NamPower, its officers

and/or employees shall not be liable for any loss to the successful Tenderer(s) due to

termination or reduction in installations for the 1mLED Campaign.

NamPower hereby confirms that any company can tender for both ”Procurement of LED

champions required for the NamPower 1mLED Campaign” as well as the “Supply of LED

bulbs required for the NamPower 1mLED campaign”.

1MLED CAMPAIGN



1.6 Eligibility of Tenderer and Ethical Practise

The Tenderer must not have been barred for any reason from tendering either in Namibia, or

in the country of origin or elsewhere.

Unless approved in advance by NamPower in writing, Tenderers shall not be associated, or

have been associated in the past, directly or indirectly, with any firm or any affiliates of any

firm that has been engaged by NamPower to provide consulting services for the preparation

of the LED Specification, and other documents to be used for the procurement of the LED

Bulbs.

Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.

Tenderers (if a joint venture, any of its members) who may be affected by a conflict of

interest shall attach to its Tender Submission a notification to NamPower with the details of

the conflict of interest. This includes any relationship between the Tenderer and a NamPower

employee/contracted staff member, it being business relations, directorships, family relations,

etc.

Should at any time after the Tender Submission, the Tenderer become aware of a conflict of

interest that was not in existence or known to the Tenderer prior to the Tender Submission,

the Tenderer shall notify NamPower without delay with the details of the conflict of interest.

Any Tenderers found to be benefiting from privileged and/or inside information that makes it

possible to have an unfair advantage over other Tenderers will be disqualified from the

Tender Process.

NamPower requires that Tenderers and suppliers/contractors observe the highest standard

of ethics during the procurement and execution of the Contract respectively.

In pursuance of this policy, NamPower:

(c) will reject a submission for award if it determines that the Tenderer

recommended for award has engaged in corrupt or fraudulent practices in

competing for the contract in question;

(d) will declare a firm ineligible, either indefinitely or for a stated period of time, to

be awarded a contract if it at any time determines that the firm has engaged in

corrupt or fraudulent practices in competing for, or in executing, a contract.

For the purposes of this provision:

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(a) “Corrupt Practice” means the offering, giving or promising of any improper

advantage to influence the action of a Public Official, or the threatening of injury

to his person, employment, property, rights or reputation, in connection with any

Tender Process or in the execution of any contract in order that any person may

obtain or retain business improperly or obtain any other improper advantage in

the conduct of business.

(b) “Fraudulent Practice” means a dishonest statement or act of concealment which

is intended to, or tends to, influence improperly the Tender Process or the

execution of a contract to the detriment of NamPower, or is designed to

establish tender prices at non-competitive levels and to deprive the NamPower

of the benefits of fair and open competition, and includes collusive practices

(whether before or after tender submission) among tenderers or between a

tenderer and a consultant or a representative of the NamPower.

(c) “Public Official” means any person holding a legislative, administrative,

managerial, political or judicial post in any country, or exercising any public

function in any country; or a director or employee of a public authority or of a

legal person controlled by a public authority of any country; or a director or

official of a public international organisation.

(d) “Prohibited Practice“ means an act that is a Corrupt Practice or a Fraudulent

Practice.

The Tenderer must submit a covenant of integrity, on its company letterhead and according

to the form of covenant of integrity set forth in Volume C Returnable Form C5.

Tenderers shall be aware of the provisions on corrupt and fraudulent practise as stated in the

Tender Documents.

Information relating to evaluation of Tender Submissions shall not be disclosed to the

Tenderers who submitted Tender Submissions or to any other persons not officially

concerned with the Tender Process.

1.7 Contract Liability

If the Tenderer has identified an intention to form a joint and several contractual relationship

with a third party for the purpose of its Tender, then the Tender must be submitted as a joint

tender. The Tender Submission and Returnable Forms must be signed by all parties to the

1MLED CAMPAIGN



consortium or joint venture or by a signatory with valid powers of attorney to sign on behalf of

such parties. All parties to a consortium or joint tender shall be jointly and severally liable for

the Tender. Failure to comply with this requirement may, at NamPower’s sole discretion,

result in the rejection of the Tender.

1.8 Cost of Tendering

The Tenderer shall bear all costs associated with the preparation of its Tender Submission,

attending clarification or negotiation meetings, and the drafting and execution of the Contract

(if successful). NamPower shall in no case be responsible or liable for these costs,

regardless of the conduct or outcome of the tender and/or negotiation process.

1.9 Timeline for the Tender Process

The following table provides the anticipated timeline for the Tender process:

Table 1: Timeline for Tender Process

ACTIVITY DATE

Tender published in the market 20 January 2015

Non-compulsory Tender clarification meeting 5 February 2015 at

10h00 at Hotel Safari

Conference Centre.

Deadline for Clarification Requests Tender Closing Date

minus 14 days

Deadline for Amendments to Tender Documents Tender Closing Date

minus 7 days

Tender Closing Date 6 March 2015

1.10 Communication during Tendering Process

Any Tenderer who wishes to contact NamPower on any matter related to this Tender at any

stage of the Tender Process, should do so in writing through the Tender Administrator. All

communication to NamPower will be by email and addressed to:

The Tender Administrator

Email address: [email protected]

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NamPower will not be bound by any statement, written or verbal made by any person other

than the Tender Administrator stated in this section. The Tender Administrator is the only

person authorised to make representations or explanations regarding this document.

The heading/ subject of the email for all enquiries pertaining to this procurement process

shall be addressed as follows:

NPWR/2015/02: TENDER FOR SUPPLY OF LED BULBS REQUIRED FOR THE

NAMPOWER 1mLED CAMPAIGN

1.11 Structure of this Document

The remainder of this document is structured as follows:

Section 2: The Tender Documents

Section 3: Preparation of the Tender Submission

Section 4: Tender Opening and Tender Evaluation

Section 5: Legislation

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SECTION 2

THE TENDER DOCUMENTS

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2 THE TENDER DOCUMENTS

2.1 Content of Tender Documents

The scope of supply, tendering procedures, contract terms and technical requirements are

prescribed in the Tender Documents. The Tender Documents include the following:

1 Volume A:

Volume A1 - Instructions to Tender

Volume A2 – Contract Data and Amendments to the NEC Supply Contract

2 Volume B:

Volume B1 - Specification for LED Bulbs (comprising the Goods

Information and Supply Requirements)

3 Volume C:

Returnable Form C1 General and Specific Company Information

Returnable Form C2 Form of Letter of Tender

Returnable form C3 Minimum Responsiveness criteria

Returnable Form C4 Form of Special Power of Attorney

Returnable Form C5 Form of Covenant of Integrity

Returnable Form C6 Letter of Good Standing from the Receiver of

Revenue

Returnable Form C7 Letter of Good Standing from Social Security

Commission

Returnable Form C8 Letter of Good Standing from the Employment

Equity Commission

Returnable Form C9 Reference Projects

Returnable Form C10 Form of Contract Agreement

Returnable Form C11 Form of Performance Bond

Returnable Form C12 Form of Tender Bond

Returnable Form C13 Datasheet for LED Bulbs

Returnable Form C14 Technical, Legal and Commercial Deviations

Returnable Form C15 Check list for Corporate and Administrative

Information

Returnable Form C16 The Programme

Returnable Form C17 Supplier Data

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4 Volume D:

Returnable Form D1 Price Schedules

Returnable Form D2 NEEEP information

Returnable Form D3 Check list for NEEEP Information

The Tenderer is expected to examine all instructions, forms, terms of reference,

specifications and other information in the Tender Documents. Failure to furnish all

information required by the Tender Documents or submission of a tender not substantially

responsive to the Tender Documents in every respect will be at the Tenderer’s risk and may,

at NamPower’s sole discretion, result in rejection of the Tender Submission.

In the event that there is no information to provide on the Returnable Form (i.e. no deviations

or reference projects), the Tenderer is still expected to submit the Returnable Forms

indicating on the form why it is not completed (i.e. “no deviations” or “no reference projects”)

2.2 Clarification of Tender Documents

A non-compulsory Tender clarification meeting will be held at the date and time indicated in

section 1.9. The purpose of the Tender clarification meeting is for NamPower to discuss and

clarify how the Tender Documents and forms must be interpreted and completed. It will be

preferable that all attendees have downloaded the Tender Documents and have familiarized

themselves with the requirements set forth in the Tender Documents prior to the meeting.

NamPower will also address any queries or issues that a potential Tenderer might have on

the Tender documents. No prior registration is required for the Tender clarification meeting.

The Tenderer may request a clarification(s) on the Tender Documents from NamPower. All

clarifications shall be sent by email to the address provided in section 1.10.

NamPower will respond to all clarification requests received from the registered Tenderers

prior to the Clarification Request Deadline. All clarification requests and responses will be

posted on NamPower’s website and emailed to the Tenderers who are registered at the date

that the clarification was issued. It remains the responsibility of the Tenderer to frequently

check for and download from the NamPower website new clarifications issued. Tenderers

that register after the issuance of clarifications need to download the clarifications issued

when downloading the Tender Documents. Clarifications to the Tender Documents made

pursuant to this section 2.2 shall be binding on the Tenderers and it will be assumed that the

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information contained therein shall have been taken into account by the Tenderer in its

Tender Submission.

2.3 Amendment of Tender Documents

At any time up to seven (7) days prior to the deadline for submission of Tenders, NamPower

may, for any reason, whether at its own initiative, or in response to a clarification requested

by a prospective Tenderer, amend the Tender Documents.

Any amendments will be posted on NamPower’s website and emailed to the registered

Tenderers who are registered at the date of amendment being issued. It remains the

responsibility of the Tenderers to frequently check and download any amendments which

have been issued to the Tender Documents from the NamPower website. Tenderers that

register after the issuance of amendments need to download the amendments issued when

downloading the Tender Documents.

Amendments to the Tender Documents made pursuant to this section 2.3 shall be binding on

the Tenderers and it will be assumed that the information contained therein shall have been

taken into account by the Tenderer in its Tender Submission.

NamPower may, at its sole discretion, extend the deadline for the submission of Tenders, in

which case, NamPower will notify all registered Tenderers in writing by email of the extended

deadline and the details thereof will be posted on NamPower’s website.

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SECTION 3

PREPARATION OF THE TENDER SUBMISSION

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3 PREPARATION OF THE TENDER SUBMISSION

3.1 Language of Tender

The Tender Submission and all correspondence and documents relating to the Tender

exchanged between the Tenderer and NamPower shall be written in the English language.

3.2 Finalisation of Tender Submission

The original Tender Submission shall be prepared in indelible ink. It shall contain no

interlineations or overwriting, except as necessary to correct errors made by the company

itself. Any such corrections must be initialled by the persons or person who sign(s) the

Tender Submission.

An authorized representative of the Tenderer shall initial all pages of the Tender Submission.

The representative’s authorization is confirmed by a special power of attorney as set out in

Volume C Returnable Form C4.

For each Tender Submission, the Tenderer shall prepare and submit one (1) original

hardcopy and one (1) electronic (on a virus free USB drive) copy. If there is any discrepancy

between the electronic copy of the Tender Submission and the hard copy, the hard copy

shall govern.

The Tender Submission provided on the electronic media shall be in PDF format and shall be

provided as a single file for the technical proposal and a single file for the financial proposal.

Brochures shall not be included in the electronic (on USB drive) submission.

The original hardcopy of the Tender Submission shall be properly bound and submitted in a

sealed package.

3.3 Contents of Tender Submission

The different sections of the Tender Submission shall be clearly segregated with section

dividers and bound in ring bound files, lever arch files, books or similar.

The Tenderer must take particular care when completing all forms, so that its submission

may be correctly evaluated. Failure to observe detail or accuracy, or to satisfactorily

complete the forms or provide all necessary information may lead to rejection of the

submission. NamPower may, at its sole discretion, take the level of completeness of such

forms into consideration when scoring and ranking the Tenders. The Tenderer as part of its

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Tender Submission shall sign and submit the form of letter of tender as set out in Volume C

Returnable Form C2.

The Tender Submission shall as a minimum include the following documents and shall be

submitted under the following filing structure:

1 To be submitted as part of the Technical proposal

C1- General and Specific Company Information ( See Returnable Form

C1) – with all documentation required under this Returnable Form to be

included in C1, if not already included elsewhere.

C2 - Letter of Tender (see Returnable Form C2)

C3 - Minimum Responsiveness Criteria (see Returnable Form C3)

C4 - Special Power of Attorney (see Returnable Form C4)

C5 - Covenant of Integrity (see Returnable Form C5)

C6 - Letter of Good Standing from the Receiver of Revenue (see

Returnable Form C6)

C7 - Letter of Good Standing from Social Security Commission (see

Returnable Form C7)

C8 - Letter of Good Standing from the Employment Equity Commission

(see Returnable Form C8)C9 - Reference Projects (see Returnable Form

C9)

C10 – Form of Contract Agreement (see Returnable Form C10) - initialed

on each page

C11 – Form of Performance Bond (see Returnable Form C11) – initialed

on each page

C12 - Tender Bond (See Returnable Form C12)

C13 - Datasheet for LED Bulbs (See Returnable Form C13) – provided for

each LED bulb submitted under this Tender

C14 - Technical, Legal and Commercial Deviations (see Returnable Form

C14)

C15 - Check list for Corporate and Administrative Information (See

Returnable Form C15)

C16 - The Programme (see Returnable Form C16)

C17 – Supplier Data (see Returnable Form C17) - initialed on each page

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2 To be submitted as part of the Financial proposal

D1 - Price Schedules (See Returnable Form D1)

D2 - NEEEP Information (See Returnable Form D2) - with all

documentation required under this Returnable Form to be included in D2,

if not already included elsewhere.

D3 - Check list for NEEEP Information (See Returnable Form D3)

The title page of each Returnable Form clearly indicates how and when each Returnable

Form must be completed. Omission to submit the Returnable Forms to an acceptable

standard of completeness, consistency and detail may, at NamPower's sole discretion, lead

to disqualification of the Tender.

3.4 Delivery and Delivery Time

The programme for the supply of the Goods and Services shall be provided by the Tenderer

according to the minimum activities listed in Volume C Returnable Form C16.

The requirements for the delivery of the LED bulbs are provided in the Specification.

3.5 Corporate and Administrative Information

The Tenderer shall provide in the Tender Submission an organisational chart showing the

Tenderer’s overall organisation and an explanation of the Tenderer’s financial relationship

with any company, whether or not affiliated with the Tenderer, who will participate in the

supply of LED bulbs. If the Tenderer is a consortium or joint venture, the organisational chart

shall indicate the relationship and interaction of all consortium or joint venture members, and

include a description of services to be provided by each company. If the Tenderer is a

subsidiary of the company manufacturing the LED bulbs or is an agent to the company

manufacturing the LED bulbs; NamPower may, at its sole discretion, require a Parent

Company Guarantee from the LED manufacturer. The organisational chart shall also

indicate the managerial positions within the company. Each managerial position shall clearly

indicate the title of position, the name of the incumbent and the contact details of the

incumbent.

In the case of a consortium or joint venture, the Tenderer will identify which member of the

consortium or joint venture will be the leader and the primary point of contact for NamPower.

The Tenderer shall provide in the Tender Submission the special power of attorney (as set

out in Volume C Returnable Form C4) duly executed, authorising a person(s) to represent

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and bind the Tenderer and, in the event that the Tenderer is a consortium or joint venture,

each member of the consortium or joint venture.

The Tenderer shall include in its Tender Submission a covenant of integrity as set forth in

Volume C Returnable Form C5 and on its company letterhead. In the event that the

Tenderer is a consortium or joint venture, each of the consortium or joint venture members

shall provide a covenant of integrity.

A certified executed copy of the consortium or joint venture agreement shall be included in

the Tender Submission. Such agreement shall be according to the requirements of section

3.6.

The Tenderer shall provide in the Tender Submission, the financial statements for the last

three years for the Tenderer or, in the event that the Tenderer is a consortium or joint

venture, each of the consortium or joint venture members. If the Tenderer is a publicly listed

company, the Tenderer shall indicate in the Tender Submission the relevant stock

exchange(s) on which the Tenderer is listed and shall provide in its Tender a copy of each

annual statement and other material filings which have been submitted to the relevant

exchange in the past thirty-six (36) months.

In addition, the Tenderer or in the event that the Tenderer is a consortium or joint venture,

each of the consortium or joint venture members, shall provide:

(i) letter of good standing from Receiver of Revenue in the Republic of Namibia (for

Tenderers incorporated in or which are registered foreign business entities in the

Republic of Namibia). Alternatively, the Tenderer's shall submit a letter from the

government of the country of origin. See Volume C Returnable Form C6;

(ii) letter of good standing from the Social Security Commission (for Tenderers

incorporated in or which are registered foreign business entities in the Republic of

Namibia). See Volume C Returnable Form C7;

(iii) letter of compliance from the Employment Equity Commission (for Tenderers

incorporated in or which are registered foreign business entities in the Republic of

Namibia). See Volume C Returnable Form C8.

The Tenderer shall provide a distribution plan for the provision of local LED distributors which

details the roles, responsibilities and functions of the local LED distributors as specified in the

Specification provided in Volume B1.

In the event that the Tenderer is not the LED bulb manufacturer(s) or in the case that the

Tenderer is not in a joint venture with the LED bulb manufacturer(s); the Tenderer will need

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to provide evidence of the relationship between itself and the LED bulb manufacturer in order

to meet the requirements stipulated in Volume B1. This relationship must be sufficiently

defined and detailed in order to ensure successful implementation of the Tender. Therefore,

an agreement between the Tenderer and the LED bulb manufacturer(s) would be required

and should be submitted with the Tender Submission.

The Tenderer shall also submit general and specific company information as set out in

Volume C Returnable Form C1.

The Tenderer shall ensure that all documentation required for Corporate and Administrative

Information is submitted together with according to Volume C Returnable Form C1, if not

already included elsewhere.

The Tenderer shall complete and submit together with the Tender Submission Volume C

Returnable Form C15 to ensure that all Corporate and Administrative Information has been

submitted.

NamPower hereby confirms that Tenderers need not be incorporated in the Republic of

Namibia, or be registered foreign business entities in the Republic of Namibia, in order to

participate in this Tender. However, the Tenderer shall take note of the NEEEP Content and

scoring thereof as part of the evaluation.

3.6 Joint Venture and Consortium Requirements

If the Tenderer is an association constituting a joint venture or consortium or other

unincorporated grouping of two or more legal entities (here called a joint venture) the

following shall apply:

(i) Both the technical and financial proposals shall be signed by all members of the

joint venture or consortium or unincorporated grouping of two or more legal

entities.

(ii) A joint venture or consortium agreement, signed by each member, shall be

submitted together with Volume C Returnable Form C1 and shall include:

a) a definition of the roles and responsibilities of each member of the joint

venture,

b) the ownership and management structure and the percentage shareholding

of each member in the joint venture,

c) a statement that the members of the joint venture or consortium etc. will

undertake, jointly and severally, the obligations of the joint venture under

the contract if awarded,

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d) a statement that the members of the joint venture or consortium etc. shall

appoint and authorise the lead member (to be named) with authority to bind

the joint venture, and to act on its behalf in all matters in connection with or

arising out of this procurement process,

e) a statement that the composition or constitution of the joint venture or

consortium etc. shall not be altered without prior written consent by

NamPower and,

f) a statement that, for the purposes of the supply of LED bulbs, the joint

venture or consortium etc. shall act as and be considered a single entity

and in particular shall have a joint bank account in its name, submit joint

advance payment guarantees, joint invoices, and joint reports, and shall

establish common quality assurance for the supply of the Goods and

Services.

3.7 NEEEP requirements

The NEEEP information for each Tender Submission shall be evaluated according to the

NamPower Equitable Economic Empowerment Policy. The Tenderer shall provide the

NEEEP information as set out in Volume D Returnable Form D2. The Tenderer shall

complete Volume D Returnable Form D3 Check list for NEEEP Information to ensure that

all NEEEP information has been submitted.

The Tenderer shall ensure that all documentation required for NEEEP Information is

submitted together with Volume C Returnable Form D2.

3.8 Tender Prices and Currencies

The Contract for the supply of LED bulbs is a rate based contract where the successful

Tenderer will be reimbursed per LED bulb supplied. Tenderers are requested to provide the

minimum and maximum consignment size for which the above mentioned rates are

applicable.

Tenderers shall include in the rates for the entire supply on a “single responsibility” basis

such that the Contract Price covers all obligations mentioned in or to be reasonably inferred

from the Specification for LED Bulbs (see Volume B1) and the Tender Documents in respect

of the Goods and Services. The Tender shall quote according to the Price Schedules

provided in Volume D Returnable Form C1.

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If a Tenderer wishes to make a deviation, such deviation shall be listed as a commercial

deviation in Volume C Returnable Form C14. The Tenderer shall also provide the

reduction or additional price, if any, for the respective deviation(s).

All prices shall be quoted in Euro (€), US Dollars (USD), Namibian Dollars (NAD) or South

Africa Rand (ZAR). The quoted prices shall be fixed during the Tenderer’s performance of

the Contract and shall not be subject to variation or escalation on any account. A Tender

Submission which includes for price adjustment or escalation may, at NamPower’s sole

discretion, be rejected.

The prices which are quoted shall be inclusive of all disbursements, warranties, securities,

insurance, transportation, storage, duties and taxes but exclusive of Value Added Tax (VAT).

For the purpose of evaluation, the exchange rate(s) as published by Oanda

(http://www.oanda.com/currency/converter) on the Closing Date shall be used.

The Tenderer shall include a fee for NamPower to use the container in Volume D

Returnable Form D1 as a separate line item. The container costs will be calculated from

the day the Goods becomes NamPower’s property until the day the LED Supplier is notified

that the container can be removed from NamPower’s premises. The costs for the container

will be calculated on a pro-rata, monthly basis.

The Tenderer shall include the insurance costs for each container in the Volume D

Returnable Form D1 as a separate line item. Details of the insurance costs are provided in

Volume A2 as well as the NEC Supply Contract.

3.9 Deviations and Modifications

The Tenderer shall provide a Tender Submission which is in accordance with these Tender

Documents, inclusive of all options called for therein, apart from any deviations which the

Tenderer considers to be unavoidable in order to provide the Goods and Services with

complete confidence.

Tenders shall not materially deviate from the principal requirements of the Tender

Documents. A material deviation is one which substantially affects the price, scope, quality,

completion or timing of the delivery of the Goods and Services to be undertaken by the

Tenderer under the Contract, or which limits in any substantial way, NamPower’s rights or

the Tenderer's obligations under the Contract. NamPower may, in its sole discretion, reject

any Tender Submission containing material deviations from the principal requirements of the

Specification.

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As far as possible, the Tenderer should offer its standard product(s) for scope of supply

described in the Tender Documents. Where the Tender Submission deviates from the

Tender Documents, these deviations shall be listed with an explanation stating why

compliance with the Tender Documents including the Specification and/or codes and

standards is not offered and how this benefits NamPower. Where codes and standards

being offered by a Tenderer are not to the requirements of the Specification, the Tenderer

shall provide the necessary documentary evidence to prove that the proposed codes and

standards are

(i) equivalent to those required by the Specification;

(ii) internationally recognized and used;

(iii) provided in legible English as a deviation to the Tender, together with a

comparison of the Specification code/standard and the proposed alternative. The

Tenderer may also propose alternative improved performance parameters.

All deviations shall be provided in Volume C Returnable Form C14 for Technical, Legal and

Commercial Deviations.

The Tenderer is at liberty to annex extra details and conditions as it may consider desirable,

provided that it draws attention to these extra details and conditions in its covering letter.

Likewise, if the Tenderer has any doubt to the meaning of any portion of the Tender

Documents which it was unable to resolve through the clarification process described in

section 2.2 prior to finalising its Tender; it shall set out the interpretation on which it relies in

its covering letter.

It shall be taken that the Tenderer warrants it’s Goods according to the requirements

provided in these Tender Documents apart from any deviations it records in the Technical,

Legal and Commercial Deviations list under Volume C Returnable Form C14.

NamPower may, in its sole discretion, admit or reject deviations when assessing Tenders.

3.10 Submission of Completed Tender

The Tender shall be delivered on or before the Tender Closing Date stated in section 1.9.

The Tender Submission shall be submitted to NamPower's Tender Administrator at the

following address:

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The Tender box in the entrance foyer

NamPower Centre

15 Luther Street

Windhoek

Namibia

In case of large parcels, the tender documents must be hand-delivered to:

The Tender Administrator

Ms Mwale Sampati

NamPower Centre

15 Luther Street

3rd Floor, Room No F3.23

Windhoek

NamPower will not accept any faxed or e-mailed submissions. NamPower does not accept

responsibility for couriered or hand-delivered Tender Submissions that arrive late. As a rule,

late Tenders will not be accepted by NamPower.

Any Tender Submission received by NamPower that does not conform to all of the above

conditions may, at the sole discretion of NamPower, be rejected.

The Tenderer shall seal the Tender in envelopes/boxes, and each envelope/box shall be

labelled as follows:

NPWR/2015/02 “Supply of LED Bulbs required for the NamPower 1mLED

Campaign”

All envelopes/boxes shall also clearly state the name and address of the Tenderer (and in

the event that the Tenderer is a consortium or joint venture, the name of each member of the

consortium or joint venture and the address of the members) so that the Tender can be

returned unopened in case it is declared “late”.

If the envelopes/boxes are not sealed and marked as required by this section 3.10,

NamPower will assume no responsibility for the Tender’s misplacement or premature

opening.

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The Tenderer is fully responsible for the safe and timely delivery of the Tender.

NamPower reserves the right to extend the Tender Closing Date for receipt of the Tender

Submissions by giving notice in writing (emailed) to the Tenderers at least seven (7) days

prior to the Tender Closing Date.

3.11 Tender Validity Period

To allow sufficient time for evaluation of the Tender Submissions and pre-contract

negotiations, Tenders shall have a validity period of at least three (3) calendar months from

the Tender Closing Date (the "Tender Validity Period"). The Tender amount shall remain

valid during the Tender Validity Period.

Prior to the expiry of the Tender Validity Period, NamPower may by written notice request the

Tenderer(s) to extend the Tender Validity Period. The Tenderer may either accept or refuse

the request, but in accepting the request shall not modify its Tender other than by extending

its validity. Should the Tenderer accept NamPower's request it shall extend the term of its

Tender Bond to cover, in full, the agreed revised Tender Validity Period.

3.12 Tender Bond

Included with the Tender Submission, each Tenderer shall provide to NamPower a single

Tender Bond for an amount equal to NAD 200,000 (two hundred thousand Namibian dollars)

The Tender Bond shall be:

(a) issued in English;

(b) an unconditional and irrevocable bank guarantee in material compliance with

the Form of Tender Bond set out in Volume C Returnable Form C12;

(c) lodged with NamPower on or before the Tender Closing Date (in the event of

failure to provide such Tender Bond within the time allowed, NamPower at its

sole discretion may terminate such Tenderer's right to participate in the tender

process);

(d) issued by a commercial bank registered in Namibia and from its main operating

premises in Windhoek, Namibia, or by a first class international bank with a

branch or agency bank in Windhoek, Namibia so that the Tender Bond is

capable of being drawn in Namibia;

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(e) be valid and effective for the period from the date of its issue until the earlier of

the expiry of the Tender Validity Period or the date of issuance of the

Performance Bond. The Tender Bond shall remain valid during that period

notwithstanding the Tenderer's insolvency, winding-up, liquidation, judicial

management, dissolution or deregistration, whether provisionally or finally.

Failure of a Tenderer to provide a Tender Bond according to the requirements

stipulated above may lead to disqualification of the Tender Submission.

The procedure and reasons for which NamPower may call on the Tender Bond are stipulated

in Volume C Returnable Form C12.

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SECTION 4

TENDER OPENING AND TENDER EVALUATION

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4 TENDER OPENING AND TENDER EVALUATION

4.1 Tender Opening

The opening of Tender Submissions will commence by NamPower at 12h00 or shortly

thereafter on the Tender Closing Date in the 5th floor Boardroom at, NamPower’s Head

Office, 15th Luther Street, Windhoek.

The Tender Opening will be a public opening but no pricing information will be disclosed at

the Tender Opening as this is not a fixed price lump sum Tender.

NamPower will open each Tender Submission in the presence of Tenderers' representatives

in attendance. The Tenderer's representatives who are present shall sign a register

evidencing their attendance. Each Tenderer's name and such other details as NamPower

may consider appropriate will be announced and recorded at the Tender Opening.

4.2 Confidentiality of Evaluation and Efforts to Influence

After the official opening of the Tender Submission documents, information relating to the

examination, clarification, evaluation, comparison and ranking of Tenders and

recommendations concerning the award of the Contract will not be disclosed to Tenderers or

other persons not officially concerned with such process. Information deemed to be

confidential by NamPower will not be disclosed at any time.

Any effort by a Tenderer to influence NamPower or consultants appointed by NamPower

from time to time for the process of examination, clarification, evaluation, comparison and

scoring of Tenders and in decisions concerning the award of Contract may, in the sole

discretion of NamPower, result in the rejection of that Tender.

4.3 Clarification of Tender Submission

To assist in the examination, comparison and scoring of each Tender, NamPower may ask

Tenderers for clarification of their Tender Submissions. The request for clarification and the

response shall be by email. Tenderers may also be asked to attend post-Tender clarification

meetings, upon reasonable notice by NamPower. In any event, all Tenderer's costs and

expenses relating to examination and clarification of its Tender Submission shall be borne by

the Tenderer.

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4.4 Determination of Responsiveness of Tender

After the opening of each Tender Submission, but not necessarily at the Tender opening,

NamPower will determine whether each Tender Submission is substantially responsive to the

requirements of the Tender Documents. A substantially responsive Tender Submission

meets the following requirements:

(a) All the minimum responsiveness criteria (see Volume C Returnable Form C3)

have been adhered to;

(b) All documentation has been provided in sufficient detail to allow a detailed

evaluation and

(c) Tender Submission conforms to all the terms, conditions and specifications of

the Tender Documents without material deviation. Any and all deviations must

be declared and presented in accordance with sections 3.9.

Any Tender Submission that does not meet minimum acceptable standards of completeness,

consistency and detail may, at NamPower's sole discretion, be rejected as non-responsive.

NamPower may, in its sole discretion, waive any deviation which it considers being a minor

non-conformity or irregularity in a Tender Submission and which does not constitute a

material deviation, provided that the waiver does not prejudice or affect the relative ranking

order of any Tender Submission.

4.5 Correction of Errors

Each Tender which is not rejected by NamPower for non-responsiveness pursuant to section

4.4 will be checked for any material errors in computation.

Arithmetical errors found may be clarified by NamPower with the relevant Tenderer and

where there is a discrepancy between amounts in figures and in words, the amount in words

will govern.

4.6 Legal Evaluation of Tender

NamPower will review all documents submitted pursuant to sections 3.3, 3.5 and 3.7 for

completeness, and may run a background check on all Tenderers. NamPower will conduct a

legal evaluation of the Tender, including a review of any deviations submitted by the

Tenderer to the Contract Agreement. Any material deviation which forms part of the Contract

Agreement may result in the disqualification of a Tenderer.

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4.7 Evaluation of technical proposal

NamPower will carry out a detailed evaluation of each Tender Submission not rejected by

NamPower as being non-responsive pursuant to section 4.3 and 4.4 for technical

compliance. The Technical evaluation will comprise an evaluation of the minimum bulb

performance as specified in Specification of LED Bulbs (see Volume B1). If any of the LED

bulbs submitted in the Tender Submission fail to meet these minimum requirements, the

Tender Submission will be disqualified.

Only if the LED bulbs have passed the minimum bulb performance criteria will the technical

proposal of the Tender Submission be evaluated and scored in detail. The detailed

evaluation and scoring of the technical proposal is based on the following criteria and

weighting:

1 FINANCIAL CAPABILITY OF TENDERER (RETURNABLE

FORM C1)

20

1.1 Is the liquidity ratio >1 for the last year?

1.2 Is the solidity ratio (equity/total assets) > 0.3 for last year?

1.3 What is the relationship with the LED manufacturer?

2 DELIVERY CAPABILITY OF TENDERER (RETURNABLE

FORM C16)

40

2.1 Time period from the order of LED bulbs to completion of manufacturing of LED

bulbs

2.2 Time period from the order of LED bulbs to arrival of LED bulbs in Namibia

3 TECHNICAL CAPABILITY OF TENDERER (RETURNABLE

FORM C13)

100

3.1 Technical review of 40W equivalent LED Bulbs



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3.2 Review of distribution plan

3.3 Compliance to inspection and testing requirements

4 REFERENCE PROJECTS (RETURNABLE FORM C9) 30

4.1 Reference Project 1

4.1a Number of bulbs involved

4.1b Bulb replacement in SADC

4.1c Role of Tenderer

4.2 Reference Project 2

4.2a Number of bulbs involved

4.2b Bulb replacement in SADC

4.2c Role of Tenderer

By participating in this Tender, the Tenderer hereby acknowledges and agrees to the

evaluation and scoring criteria stipulated in these Tender Documents.

The minimum qualifying score for a Tender Submission to pass the detailed technical

evaluation is 75%. Only Tender Submissions that achieve the minimum qualifying on the

detailed technical evaluation will be evaluated further.

4.8 Evaluation of financial proposal and NEEEP Information

NamPower will evaluate the financial proposal of each Tenderer Submission which passes

the detailed technical evaluation. The final evaluation process shall include the following:

(d) Evaluation and scoring of the prices submitted in the Price Schedules, Volume

D Returnable Form D1 based on the technical proposal which was submitted;

(e) Evaluation and scoring of the NEEEP content based upon the principles

outlined in the NEEEP score table (see Table 2) and the NEEEP information

submitted by the Tenderer in Volume D Returnable Form D2;

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(f) In addition to the prices/rates indicated in Price Schedules and the priced

deviations submitted under Volume D Returnable Form D1, NamPower will

take into account, during the evaluation process the cost of all quantifiable

deviations and omissions which NamPower deems to have been excluded from

the Tender Submission to determine the evaluated tender price. Any

adjustments in price that may result from the above procedures shall be added,

for purposes of comparative evaluation only, to arrive at an evaluated tender

price. Tender prices quoted by Tenderers shall remain unaltered.

By participating in this Tender, the Tenderer hereby acknowledges and agrees to the

evaluation and scoring criteria stipulated in these Tender Documents. The NEEEP content of

the Tender Submission will be evaluated according to the score card provided in Table 2

below.

Table 2: NEEEP score table

Ownership and Namibian Registration

20

100

Where:

Shareholding or Ownership by Previously

Disadvantaged Namibian (PDN) is

≤ 15% shares 2

> 15% and ≤25% shares 8

> 25% and ≤ 50% shares 10

> 50% shares 14

Where:

Shareholding or Ownership by Women /

Disabled person is

≤ 25% shares 2

> 25% and ≤ 50% shares 4

> 50% shares 6

Management Control and Employment

Equity

Where:

The combined board and top management

< 50% 0

20= 50% 10

> 50% and ≤ 60% 12

> 60% and ≤ 70% 14

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structure filled by PDNs is > 70% and ≤ 80% 16

> 80% and ≤ 90% 18

> 90% and ≤ 100% 20

Human Resources and Skills

Development

Where:

A % of gross wages (including VET levy)

spent on training is

< 1% 0

20

= 1% 10

> 1% and ≤1.2% 12

> 1.2% and ≤1.4% 14

> 1.4% and ≤1.6% 16

> 1.6% and ≤1.8% 18

> 1.8% and ≤2% 20

Entrepreneurship Development (Second

tier PDN supplier procurement)

Where:

The Procurement spending allocated to

businesses (e.g. mentorship programmes,

joint ventures, subcontracting) owned by

PDNs is

≤10% 8

20

> 10% and ≤20% 11

> 20% and ≤30% 14

> 30% and ≤40% 17

> 40% and ≤50% 20

Community Investment

Where:

Amount donated by Tenderer (in NAD) to

community investment over past three years

divided by Full Contract Price. (Where a

Tenderer is located in a

communal/underdeveloped area employing

members of such a community,

automatically score 10 points. Scoring on

communal / underdeveloped areas will be

based on a sliding scale from most

< 1% 0

20

= 1% 10

> 1% and ≤1.2% 12

> 1.2% and ≤1.4% 14

> 1.4% and ≤1.6% 16

> 1.6% and ≤1.8% 18

> 1.8% and ≤2% 20

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developed scoring 0 to least developed area

scoring 10 points. Additional points are to

be awarded for further community

investments up to a maximum of 20 points).

The maximum points that a Tender Submission can score is 100points.

First time Tenderers are required to pledge a percentage of the Full Contract Price as a

community investment. This pledge amount shall be indicated in the NEEEP information

submitted by the Tenderer in Volume D Returnable Form D2. NamPower shall deduct 10%

of the invoice amount for each invoice submitted by the Suppler until the amount pledged for

community development has been retained. NamPower shall return the amounted retained

to the Supplier when the Supplier provides documentary proof that the obligations for

community investment have been fulfilled and when the documentary evidence has been

confirmed by NamPower.

4.9 Final Score of the Tender Submission

The final score for each Tender Submission will be determined out of 100 points according to

the combined NEEEP content score (Ns) and financial score (Fs) using the following

weighting:

(a) Financial score (Fs) = 90

(b) NEEEP content score (Ns) = 10

Where the financial score is calculated as follows:

90 1

Where: Fs = the points scored for price for the tender under consideration,

Ft = the dollar value of the tender under consideration, and

Fmin = the dollar value of the lowest acceptable tender.

Based on the final score, Tenderers will be ranked and shortlisted.

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4.10 Discussions with Shortlisted Tenderers

After scoring, ranking and shortlisting (and as part of its final evaluation process), NamPower

may call finalist Tenderers for meetings to discuss the Tender and any deviations and / or

clarifications to the financial proposal.

During the discussions with the shortlisted Tenderers, NamPower and the Tenderer will

address the deviations indicated by the Tenderer to the Contract data and amendments (See

Volume A2) and will finalise the Contract Agreement (Volume C Returnable Form C10)

Suppliers Data (Volume C Returnable Form C17).

Each Tenderer shall be solely responsible for its costs and expenses relating to such

discussions. All meetings related to this Tender will be held at the NamPower head office in

Windhoek.

4.11 NamPower’s Right to Accept or Reject any or all Tenders

NamPower does not bind itself to accept the Tender with the lowest price, nor will NamPower

be responsible for, or pay for, any expenses incurred of any Tenderer.

NamPower is not bound to give any reason for acceptance or rejection of Tenders. The

decision of NamPower is final and binding and no correspondence shall be entered into with

the Tenderers. NamPower shall have no liability to the Tenderers, whether or not

successful.

No Tender shall be considered to have been accepted unless such acceptance is notified to

the Tenderer in writing by NamPower.

Deviations which are accepted by NamPower will form part of the Contract Agreement.

NamPower may suspend or terminate the tendering process at any time and shall have no

liability to the Tenderers arising from or connected to any such suspension or termination.

4.12 Notification of Award

Prior to the expiration of the Tender Validity Period, or the extended Tender Validity Period,

as the case may be, NamPower will notify the successful Tenderer(s) in writing by email that

their Tender(s) has/have been accepted.

Following notification to the successful Tenderers, NamPower will promptly notify the

unsuccessful Tenderers and will discharge the Tender Bonds of the unsuccessful Tenderers.

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4.13 Signing the Contract Agreement

At the same time as NamPower notifies the successful Tenderer, NamPower will send the

Tenderer the Contract Agreement provided in the Tender Documents, incorporating all

agreements between the parties.

Within seven (7) days of receipt of the Contract Agreement, the successful Tenderer(s) shall

sign and date the Contract Agreement and return it to NamPower. The execution of the

Contract Agreement will constitute the formation of the Contract.

The form of Contract Agreement is set out in Volume C Returnable Form C10.

4.14 Performance Bond

After the Contract has been awarded, the successful Tenderer shall furnish the Performance

Bond within the duration specified by the Contract Data (See Volume A2) and to the value

as specified in the Specification. The successful Tenderer shall ensure that the validity of the

Tender Bond and the Performance Bond overlap. On receipt and acceptance by NamPower

of the Performance Bond, NamPower will release the Tender Bond to the successful

Tenderer.

Failure of the successful Tenderer to comply with the requirements of sections 4.13 or 4.14

shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender

Bond at NamPower's sole discretion. Following such annulment NamPower may award the

Contract to the next ranked Tenderer or call for new tenders.

The form of Performance Bond is set out in Volume C Returnable Form C11.

1MLED CAMPAIGN



SECTION 5

LEGISLATION

1MLED CAMPAIGN



5 LEGISLATION

5.1 Compliance with Laws, Regulations, Licences and Permits

The Tenderer shall comply with all relevant laws, rules, regulations, approvals, licences,

permits, local ordinances applicable to Namibia during the supply of LED bulbs.

NPWR/2015/02



Volume A2

Contract Data and Amendments to

the NEC Supply Contract







1MLED CAMPAIGN


NAMPOWER VOLUME A2, PAGE 2 of 13

This page is intentionally left blank.

1MLED CAMPAIGN



Contents

1. PART 1 - CONTRACT DATA .............................................................................................. 4

2. PART 2 - AMMENDMENTS TO NEC SUPPLY CONTRACT ............................................ 11

3. PART 3 – DATA PROVIDED BY THE SUPPLIER ............................................................ 13

1MLED CAMPAIGN



1. PART 1 - CONTRACT DATA

Part one - Data provided by the Purchaser is provided below:

Completion of the data in full, according to the Options chosen, is

essential to create a complete contract.

Statements given In

all contracts

1 General • The conditions of contract are the core clauses and the clauses

for Options ….X3, X4, X7, X13, X17…. of the NEC3 Supply

Contract April 2013.

• The goods are

….LED bulbs required for NamPower 1mLED campaign….

• The services are

….testing, insurance, warranty and delivery of the LED

bulbs….

• The Purchaser is

Name …. Namibia Power Corporation (Pty) Ltd….

Address ….15 Luther Str, Windhoek, Namibia….

………………………………………………………………………….

• The Supply Manager is

Name ..[●]………………………………………………………….…

Address ……………………………………………………………….

………………………………………………………………………….

• The Adjudicator is

Name …[●]……………………………………………………….…..

Address ……………………………………………………………….

………………………………………………………………………….

• The Goods Information is in

….Volume B1 - Specifications for LED Bulbs….

………………………………………………………………………….

• The Supply Requirements as part of the Goods Information is in

….Volume B1 - Specifications for LED Bulbs….

………………………………………………………………………….

1MLED CAMPAIGN



• The language of this contract is ….English…..…………………

• The law of the contract is the law of ….Namibia………………

• The period for reply is ..one (1)........................................ weeks.

• The Adjudicator nominating body is …[●].……………………….

………………………………………………………………………….

………………………………………………………………………….

………………………………………………………………………….

………………………………………………………………………….

3 Times • The starting date is ….[●]….

• The Supplier submits revised programmes at intervals no longer

than ….two (2)…. weeks.

4 Testing and Defects • The defects date is ….156.… weeks after Delivery.

• The defect correction period is ….1…. week(s) except that

• The defect correction period for ............... is ........... weeks

• The defect correction period for ............... is ........... weeks

• The defect access period is …….…. days except that

• The defect access period for .................... is ...............

• The defect access period for .................... is ...............

5 Payment • The currency of this contract is the ….[●].....................................

• The assessment Interval is ….one (1) week after the delivery

of Goods or Services (excluding warranty)…..

• The interest rate is ....two (2)......... % per annum (not less than

2) above the …prime........ rate of the ..Bank of Namibia.. bank.

8 Risks, liabilities,

indemnities and

Insurance

• The minimum insurance cover for loss of, or damage to, the

Goods is the full replacement cost (including but not limited to

re-manufacture, packaging, transportation, custom duties, re-

insurance etc) of the Goods from manufacture until handover of

1MLED CAMPAIGN



the Goods to the Purchaser at the Delivery Place.

• The minimum limit of indemnity for insurance in respect of loss

of or damage to property (except the goods, plant and materials

and equipment) and liability for bodily injury to or death of a

person (not an employee of the Supplier) caused by activity in

connection with this contract for any one event is Nil Namibian

Dollars .…………………

• The minimum limit of indemnity for insurance in respect of death

of or bodily injury to employees of the Supplier arising out of and

in the course of their employment in connection with this

contract for anyone event is Nil Namibian Dollars

.…………………

• The Supplier's liability to the Purchaser for indirect or

consequential loss including loss of profit, revenue and goodwill

is limited to Nil Namibian Dollars .............................................

• For anyone event, the Supplier's liability to the Purchaser for

loss of or damage to the Purchaser's property is limited to Nil

Namibian Dollars .………………….

• The Suppliers liability for Defects due to his design which are

not notified before the last defects date is limited to Full

Contract Price……..

• The Suppliers total liability to the Purchaser for all matters

arising under or in connection with this contract, other than the

excluded matters, is limited to .....................................................

• The end of liability date is ....Three (3) years after Delivery of

the whole of the goods and services.

Optional statements If the tribunal is arbitration

• The arbitration procedure is ….PAMAN

rules……..........................

• The place where arbitration is to be held is

......[●]............................................................................................

• The person or organization who will choose an arbitrator

• if the Parties cannot agree a choice or

• if the arbitration procedure does not state who selects an

arbitrator is

……[●].……………………………………………………....

1MLED CAMPAIGN



If the Purchaser Is to state the delivery date of the goods and

services

• The delivery date of the goods and services is

goods and services delivery date

…LED bulbs for Pilot Phase.. …Not longer that 15 weeks

from starting date

…………………………….. ………………………………….

If no programme Is Identified In part two of the Contract Data

• The Supplier is to submit a first programme for acceptance

within ………… weeks of the Contract Date.

If the Supplier Is not to bring the goods to the Delivery Place

more than one week before the Delivery Date.

• The Supplier does not bring the goods to the Delivery Place

more than one week before the Delivery Date.

If the period in which payments are made Is not three weeks.

• The period within which payments are made is ...........................

If there are additional Purchaser's risks

• These are additional Purchaser's risks

if the Purchaser is to provide any of the insurances stated in

the Insurance Table

• The Purchaser provides these insurances from the Insurance

Table

1. Insurance against ………………………………………………...

Cover / indemnity is ………………………………………………

The deductibles are ………………………………………………




If additional Insurances are to be provided

1MLED CAMPAIGN



• The Purchaser provides these additional insurances







• The Supplier provides these additional insurances







If Option X1 is used

• The proportions used to calculate the Price Adjustment Factor

are

Proportion Prepared by

0 …………. linked to the index of …………………………...

0 …………. …………………………...

0 …………. …………………………...

0 …………. …………………………...

0 …………. non-adjustable …………………………...

1 00

• The base date for indices is …………………………………………


• A change in the law of ............................ is a compensation

event if it occurs after the Contract Date.


• The Purchaser will pay for the items listed below in the

1MLED CAMPAIGN



currencies stated items other currency total

Items Other currency

Total maximum

payment in the

currency

….[●]….…………… ……………….. ………………………….

……………………… ……………….. ………………………….

……………………… ……………….. ………………………….

• The exchange rates are those published in ….Oanda

(http://www.oanda.com/currency/converter) …. on

…date of invoice….. .


Please refer to Goods Information for details of Delay

damages


• The Client is

Name …………………………………………………………………..

Address ……………………………………………………………….

………………………………………………………………………….

• The Client's objective is ...............................................................

• The Partnering Information is in

………………………………………………………………………….


• The amount of the performance bond is …20% of the Full

Contract Price....


• The amount of the advanced payment bond is ………………..

• The Supplier repays the instalments in assessments starting not

1MLED CAMPAIGN



less than ..................................... weeks after the Contract Date.

• The instalments are ......................................................................

(either an amount or a percentage of the payment otherwise

due)

• An advanced payment bond is/is not required.


• Please refer to Goods Information for details of Low

performance damages

amount performance level

For

for

for

If Option X20 is used (but not if Option X12 is also used)

• The incentive schedule for Key Performance indicators is in

………………………………………………………………………….

• A report of performance against each Key Performance

Indicator is provided at intervals of ............... months.

If Option Y(UK)1 is used and the Purchaser Is to pay any

charges made and is paid any Interest paid by the project bank

• The Purchaser is to pay any charges made and is paid any

interest paid by the project bank.

If Option Y(UK)3 is used

• term person or organisation

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

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

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

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

If Option Y(UK)1 and Y(UK)3 are both used

1MLED CAMPAIGN



• term person or organisation

The provisions of Option

Y(UK)1

Named Suppliers

If Option Z is used

• The additional conditions of contract are .....................................

………………………………………………………………………….

Note: all items listed indicated as [●] to be confirmed at Signature of the Contract Agreement.

2. PART 2 - AMMENDMENTS TO NEC SUPPLY CONTRACT

Part two – Amendments made to the NEC Supply Contract are provided below:

Heading Clause Amendment

Testing and inspection

40.3 Delete the entire clause and replace with:

The testing and inspection of LED bulbs after manufacture by

Supply Manager or nominated representative is performed

according to the Goods Information.

Searching or and

notifying defects

42.2 Include after “Supply Manager”

“or Beneficiary”

Correcting defects

43.2 Delete the second sentence and replace with:

“The defects correction period begins when the Supplier is notified

of the Defect.”

Correcting defects 43.3 Delete this entire Clause

Retention 50.6 Insert a new clause:

“The Purchaser deducts 10% of the invoice amount for each

invoice submitted by the Supplier until the amount pledged for

community development has been retained. The Purchaser returns

the amounted retained to the Supplier when the Supplier provides

documentary proof that the obligations for community investment

have been fulfilled and when the documentary evidence has been

1MLED CAMPAIGN



confirmed by the Purchaser.”

Payment 51.2 In the first sentence, replace the words “three weeks” with “four

weeks”

Notifying compensation

events

61.3 In the second paragraph, replace the words “eight weeks” with “four

weeks”

Quotations for

compensation events

62.3 In the first sentence, replace the words “three weeks” with “two

weeks”.

In the second sentence, replace the words “two weeks” with “one

week”

Assessing

compensation events

63.1 Delete the words “If the Supply Manager and the Supplier agree,”

Assessing

compensation events

63.9 Delete this Clause in its entirety

Purchaser’s risk 80.1 At the bullet “a Defect which existed at Delivery” changes to “a

Defect”

Insurance cover 84.2 In the insurance Table (row 2, column 1) after “goods, plant and

materials” add the following sentence “;from the starting date until

the goods are delivered and off loaded at the Delivery Place”

Reasons for

termination

91.2 In the first sentence replace the words “within four weeks” with

“within three weeks”

Reasons for

termination

91.4 In the first sentence, replace the words “within 11 weeks” with

“within 8 weeks”

Reasons for

termination

91.7 In the second bullet, replace the words “more than 13 weeks” with

“more than 8 weeks”

1MLED CAMPAIGN



3. PART 3 – DATA PROVIDED BY THE SUPPLIER

Data provided by the Supplier is provided in Volume C Returnable Form C17, Supplier Data on

Contract Award.

NPWR/2015/02



Volume B1

Specification for LED bulbs







1MLED CAMPAIGN


NAMPOWER VOLUME B1, PAGE 2 of 18

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1MLED CAMPAIGN



CONTENTS

CONTENTS .......................................................................................................................................... 3

LIST OF TABLES ................................................................................................................................. 4

1. PREAMBLE ......................................................................................................................... 5

2. SCOPE OF SUPPLY ........................................................................................................... 5

3. DEFINITIONS ...................................................................................................................... 5

4. GOODS INFORMATION ..................................................................................................... 5

4.1 ORDER OF PRECEDENCE ........................................................................................................ 5

4.2 CODES AND STANDARDS ......................................................................................................... 5

4.3 TECHNICAL DEVIATIONS .......................................................................................................... 6

4.4 MINIMUM BULB PERFORMANCE ............................................................................................... 6

4.4.1 Luminous flux, lumen efficacy and rated power requirements for the LED bulbs ........... 7

4.4.2 Bulb size ........................................................................................................................ 7

4.4.3 Beam Angle ................................................................................................................... 7

4.4.4 Sample of LED bulbs ..................................................................................................... 7

4.5 DESIGN REQUIREMENTS ......................................................................................................... 8

4.5.1 Incandescent Replacements ......................................................................................... 8

4.5.2 Ambient Temperature .................................................................................................... 8

4.5.3 Quality of Supply ........................................................................................................... 8

4.5.4 Lamp Base Type ........................................................................................................... 8

4.5.5 Rated Life Time ............................................................................................................. 8

4.5.6 Lumen Maintenance Code ............................................................................................ 9

4.5.7 Correlated Colour Temperature (CCT) .......................................................................... 9

4.5.8 Colour Rendering Index (CRI) ....................................................................................... 9

4.5.9 Displacement Factor ..................................................................................................... 9

4.5.10 Flicker............................................................................................................................ 9

4.5.11 Electromagnetic Compatibility ....................................................................................... 9

4.5.12 Safety requirements .................................................................................................... 10

4.5.13 Other Design Requirements ........................................................................................ 10

4.6 BRANDING AND MARKING OF LED BULBS ............................................................................... 10

4.7 INSPECTION AND TESTING ..................................................................................................... 10

4.7.1 Quality Assurance during Manufacture ........................................................................ 10

4.7.2 Type Testing of the LED bulbs .................................................................................... 11

4.8 PACKAGING OF LED BULBS .................................................................................................. 13

4.9 DATA SHEET FOR LED BULBS ............................................................................................... 13

4.10 REFERENCE PROJECT LIST ................................................................................................... 14

1MLED CAMPAIGN



4.11 PERFORMANCE BOND ........................................................................................................... 14

4.12 WARRANTY CLAIMS AND DISTRIBUTION CHANNELS ................................................................. 15

5. SUPPLY REQUIREMENTS ............................................................................................... 17

5.1 TRANSPORTATION AND LOGISTICS ......................................................................................... 17

5.2 DELIVERY PLACE FOR LED BULBS ......................................................................................... 18

5.3 DELIVERY REQUIREMENTS FOR THE LED BULBS ..................................................................... 18

LIST OF TABLES

Table 1: Luminous flux, lumen efficacy and rated power requirements for the LED bulbs ...... 7

Table 2: Type testing requirements for LED bulbs ................................................................. 11

Table 3: Minimum pass criteria for abrupt failures and lumen output testing ......................... 12

Table 4: Calculation of low performance damages of LED bulbs tested during type testing . 15

Table 5: Deliverables associated with the LED distributor(s) ................................................. 16

1MLED CAMPAIGN



1. PREAMBLE

The following specification forms part of the Tender Documents for the procurement of the

LED bulbs required for the 1mLED Campaign. This specification is envisaged as the

minimum requirements for the LED bulbs which will be procured as part of the NamPower

1mLED Campaign.

2. SCOPE OF SUPPLY

This Specification provides the Goods Information and Supply Requirements for

manufacture, supply, packaging, delivery, offloading, insurance, custom clearance and duties

of the LED bulbs required for the NamPower 1mLED campaign.

3. DEFINITIONS

The terms used in this document are defined in the Instructions to Tender for LED bulbs,

Volume A1.

4. GOODS INFORMATION

4.1 Order of Precedence

The order of precedence for this Specification is as follows:

(a) this Specification, then

(b) IEC 62612: 2013 Self-ballasted LED-lamps for general lighting services with supply

voltages >50V - Performance requirements, then

(c) other specifications listed below.

4.2 Codes and Standards

The LED bulb shall be designed, manufactured, tested and packaged according to this

Specification and referenced codes and standards and shall meet the requirements of all

local legislation and regulations.

Equivalent codes and standards from other countries may be considered, provided that these

codes and standards are as stringent as, or more stringent than, the codes and standards

1MLED CAMPAIGN



mentioned in this Specification. The LED Supplier(s) shall provide the necessary evidence to

prove that the proposed codes and standards are equivalent to those required by the

Specification. In addition, the proposed codes and standards shall be submitted in the

English language for approval. It is the obligation of the LED Supplier(s) to submit one copy

of each code or standard (latest version) used by the LED Supplier(s). Attention is drawn to

the fact that translations, if any, must be authenticated by a recognized standard institution

(DIN, VDE, BSI, etc.). NamPower reserves the right to refuse translations that are not of

acceptable quality.

Should the relevant codes and standards (particularly international and local standards)

conflict with one another; the more stringent code or standard shall prevail.

Where reference is made to a code, specification or standard, the reference shall be taken to

mean the latest edition of the code, specification or standard.

Relevant codes and standards:

(a) IEC 61547: Equipment for general lighting purposes - EMC immunity requirements,

(b) SANS 215 (CISPR15): Limits and methods of measurement of radio disturbance

characteristics of electrical lighting and similar equipment,

(c) IEC 61000-3-2: Electromagnetic compatibility (EMC) - Part 3-2: Limits - Limits for

harmonic current emissions (equipment input current ≤16 A per phase),

(d) SANS/IEC 62560: Self-ballasted LED lamps for general lighting services by voltage

>50V- safety specifications,

(e) IEC 62471: Photo biological safety of lamps and lamp systems,

(f) IEC 62493: Assessment of lighting equipment related to human exposure to

electromagnetic fields and

(g) IEC/TS 62504: General lighting - LEDs and LED modules - Terms and definitions

4.3 Technical Deviations

All technical deviations to this Technical Specification shall be provided on the Technical,

Legal and Commercial Deviations List in Volume C Returnable Form C14.

4.4 Minimum Bulb Performance

The LED bulbs shall produce the following luminous flux and lumen efficacy with the

maximum power rating as per Table 1 below. If any of the LED bulbs submitted in the

Tender Submission fail to meet these minimum requirements, the Tender Submission will be

disqualified.

1MLED CAMPAIGN



4.4.1 Luminous flux, lumen efficacy and rated power requirements for the LED bulbs

Table 1: Luminous flux, lumen efficacy and rated power requirements for the LED bulbs

Incandescent lamp

rated power

[Watt]

LED luminous flux1

[lumen]

LED lumen efficacy

[lumen/Watt]

LED rated power

[Watt]

40W ≥4701 ≥66 ≤8

60W ≥8061 ≥72 ≤10

75W ≥10551 ≥76 ≤13

100W ≥13502 ≥80 ≤18

1 Based on EU 244/2009 to allow for degradation of lumen output.

2 Based on IEC 60064

Note: The initial power consumed by each individual LED lamp in the measured sample shall

not exceed the rated power by more than 10%.

The average of the initial power consumed by the LED lamps in the measured sample shall

not exceed the rated power by more than 7,5%.

The distribution of the luminous flux for each type of LED bulb to be supplied shall be

graphically represented on a luminous intensity distribution curve.

4.4.2 Bulb size

The maximum size of any bulb submitted under this Tender shall be 80 mm in diameter and

145 mm in height regardless of the replacement wattage.

4.4.3 Beam Angle

The minimum beam angle of any bulb submitted under this Tender shall be 120 degrees.

4.4.4 Sample of LED bulbs

The Tender shall provide one (1) sample for each type of LED bulb submitted under this

Tender. The sample LED bulbs will be properly protected and packaged in a box which is

labelled according to the requirements stipulated in Volume A1. The sample LED bulbs will

be submitted together with the Tender Submission on or before the Tender Closing Date.

1MLED CAMPAIGN



4.5 Design Requirements

4.5.1 Incandescent Replacements

The 1mLED Campaign aims to replace incandescent bulbs of 40W, 60W, 75W and 100W

power rating with LED bulbs.

The Tenderer must provide an LED replacement option for the 60W and 100W incandescent

bulbs. An LED Supplier will not be disqualified from tendering if it cannot provide a

replacement option for the 40W or 75W options; however the LED Supplier will be penalised

for this non-conformance during the technical evaluation of its Tender Submission.

4.5.2 Ambient Temperature

The LED bulbs shall meet the requirements stipulated in this Specification by operating

satisfactorily in an ambient air temperature of between -10ºC and 40ºC as stated in IEC

62612:2013.

4.5.3 Quality of Supply

The LED bulbs shall be able to meet the requirements contained in this Specification when

supplied from a voltage of 230 VAC ± 10% at 50Hz.

4.5.4 Lamp Base Type

The base of the LED bulbs shall be either E27 or B22. The quantities of LED bulbs with

either E27 or B22 bases will be specified and finalised on placement of the order for each

consignment.

4.5.5 Rated Life Time

The rated lifetime of the LED bulbs shall be ≥ 15,000 hours where the more stringent of the

following criteria shall apply:

(a) gradual light degradation is specified as L70 B50,

(b) abrupt failures are specified as L0 C50 and

(c) combined failure rate is specified as L70F50.

1MLED CAMPAIGN



4.5.6 Lumen Maintenance Code

The LED bulbs shall have a minimum lumen maintenance factor of code 7, according to IEC

62612:2013.

4.5.7 Correlated Colour Temperature (CCT)

The LED bulbs shall have a correlated colour temperature specification of either 2700 K or

3000 K with a tolerance requirement of 7 step MacAdam ellipse. The quantities of LED bulbs

with CCT of 2700 K or 3000 K will be specified and finalised on placement of the order for

each consignment.

4.5.8 Colour Rendering Index (CRI)

The LED bulb shall have required colour rendering index of greater than or equal to 80

according to EU directive 1194/2012. CRI results for all 15 CIE test colours should be

provided.

4.5.9 Displacement Factor

The LED bulbs shall have a displacement factor of greater than or equal to 0.7. The

displacement factor shall be clearly stated in all cases.

4.5.10 Flicker

The LED bulbs shall have a percent flicker of less than 20% where percent flicker is defined

in terms of the difference between the minimum and maximum light output during the flicker

waveform cycle:

Percent flicker (%) = 100 * (max-min) / (max + min)

4.5.11 Electromagnetic Compatibility

The LED bulbs shall comply with the following specifications for electromagnetic

compatibility:

(a) IEC 61000-3-2 (Class C, ≤ 25W),

(b) IEC 61547,

(c) SANS 215 (CISPR15) and

(d) EN 55015.

1MLED CAMPAIGN



4.5.12 Safety requirements

The LED bulbs shall comply with the following safety specifications:

(a) SANS/IEC 62560,

(b) IEC 62471 and

(c) IEC 62493.

4.5.13 Other Design Requirements

Other design requirements for the LED bulbs are that:

(a) the bulb shall not be required to operate in dimmable applications, and

(b) the starting time of the LED bulb shall be less than 0.5 seconds while the run up time

to 95% of rated output shall be less than 2 seconds.

4.6 Branding and Marking of LED Bulbs

The LED Supplier(s) shall mark the base of all supplied LED bulbs with the following:

“NamPower DSM – Not for Sale”. The exact wording may still change but will be finalised

by NamPower on appointment of the successful LED Supplier(s).

Additionally, the following information shall be clearly marked on each LED bulb:

(a) rated luminous flux (lumens),

(b) rated power (watts),

(c) rated operating voltage (Volts) and

(d) correlated colour temperature (CCT).

4.7 Inspection and Testing

4.7.1 Quality Assurance during Manufacture

For quality assurance purposes, a NamPower appointed inspector shall be present during

the manufacture of the LED bulbs. The NamPower appointed inspector shall select a

random sample of each type of LED bulb during manufacturing to be tested according to

section 4.7.2. It is required that one representative of the LED Supplier be present with the

NamPower appointed inspector during the manufacturing process and testing of the sample

LED bulbs.

1MLED CAMPAIGN



Only the bulbs that are selected by the NamPower appointed inspector will be type tested

and the remaining LED bulbs will be immediately packaged and transported to the Delivery

Place. The type testing of the selected LED Bulbs and the delivery of the remaining LED

bulbs will be concurrent activities.

The LED Supplier(s) shall provide NamPower three (3) weeks notification of:

(a) commencement of manufacture (if the duration between starting date and

commencement of manufacture is less than three weeks then the LED Supplier(s) will

notify NamPower of the commencement of manufacture at the starting date) and

(b) commencement of type testing.

4.7.2 Type Testing of the LED bulbs

The sample of LED bulbs selected by the NamPower appointed inspector shall be type

tested to the codes and standards listed in Table 2 below.

Table 2: Type testing requirements for LED bulbs

Test type Specification

Performance testing IEC 62612:2013 (All tests listed in Table 6,

column 3)

EMC EU directive 108/2004

Safety (electrical) SANS/IEC 62560

Safety (human eye) IEC 62471

Safety (radiation on humans EMF) IEC 62493

CE certificate EU directives safety, performance, EMC, RoHS

For purposes of clarity, when testing for lumen maintenance and lifetime, twenty (20) LED

bulbs (n = 20) shall be tested at intervals of 1,000 hours with an ambient temperature of 25ºC

where the minimum criteria stipulated in Table 3 shall apply.

1MLED CAMPAIGN



Table 3: Minimum pass criteria for abrupt failures and lumen output testing

Interval Abrupt failures

(minimum number

of bulb failures)

Lumen output*

(minimum lumen output

expressed as a percentage of

lumen value provided in Table

1 of this specification)

1,000 0 98.0%

2,000 ≤ 1 96.0%

3,000 ≤ 2 94.0%

4,000 ≤ 2 92.0%

5,000 ≤ 3 90.0%

6,000 ≤ 4 88.0%

*Note:

Where 50% of the sample shall be equal to, or greater than the lumen output

requirement provided in Table 3.

All type testing shall be performed by a laboratory which is certified to ISO17025. The type

tests may be monitored by the NamPower appointed inspector as and when deemed

necessary. The LED Supplier(s) shall propose at least two (2) test laboratories to

NamPower for review, consideration and selection.

The LED Supplier(s) shall provide all type test certificates available for the products to be

provided under this Tender. If the LED bulbs offered in the Tender Submission have already

been type tested for EMC, Safety (electrical), Safety (human eye), Safety (radiation on

humans EMF) and CE Certificate; NamPower will accept the type test certificates for these

tests, provided that the same LED bulbs submitted in this Tender Submission were tested. If

the LED bulbs offered in the Tender have not been tested according to one of these type

tests, then the LED Supplier(s) shall type test the LED bulbs in order to obtain the missing

type test certification. For the avoidance of doubt, the performance testing in Table 2 will not

be waived.

1MLED CAMPAIGN



All costs associated with testing of LED bulbs including, but not limited to, hiring of the

laboratory and man-hours for the laboratory staff shall be borne by the LED Supplier(s). All

costs associated with the NamPower appointed inspector including, but not limited to the

man-hours, transportation and accommodation shall be borne by NamPower.

The LED Supplier(s) shall provide the price to test a sample of LED bulbs in the pricing

schedule. It will be left to NamPower’s discretion to decide whether NamPower will test

samples from all the orders, some of the orders or only the first order.

4.8 Packaging of LED Bulbs

The LED Supplier(s) shall package the LED bulbs in such a way as to minimize damage to

the LED bulbs during transit.

The LED bulbs shall be individually packed in boxes which in turn shall be collectively boxed

and strapped onto wooden pallets to allow efficient handling and storage of the LED bulbs.

Shipments shall be in 6m pallet friendly containers. The containers shall be kept by

NamPower for the storage of the LED bulbs for the duration of the 1mLED Campaign. On

completion of the 1mLED Campaign these containers shall be collected by, and returned to

the LED Supplier(s), with no cost to NamPower.

The following information shall be clearly marked on the packaging for each LED bulb:

(a) rated luminous flux (lumens),

(b) rated power (watts),

(c) rated operating voltage (Volts),

(d) lamp base type,

(e) rated life (hours),

(f) correlated colour temperature (CCT),

(g) colour rendering index (CRI),

(h) beam angle,

(i) displacement factor and

(j) not dimmable.

4.9 Data Sheet for LED Bulbs

The LED Supplier(s) is required to complete the datasheet for each LED bulb type which

could be considered for the 1mLED Campaign according to Volume C Returnable Form

C13.

1MLED CAMPAIGN



4.10 Reference Project List

The LED Supplier(s) shall complete the reference projects list (see Volume C Returnable

Form C9) for each LED / CFL replacement project which was performed by the LED

Supplier(s). The Supplier(s) completes one reference list per reference project where more

than 200 000 bulbs were replaced.

4.11 Performance Bond

The LED Supplier(s) shall provide NamPower with an unconditional, irrevocable performance

security in the form of a Performance Bond to 20% of the Full Contract Price. The

Performance Bond shall strictly comply with the wording provided in Volume C Returnable

Form C11.

The Performance Bond shall be provided in two stages. The first Performance Bond shall be

provided by the LED Supplier(s) for the order of the LED bulbs for the Pilot Phase and the

second Performance Bond shall be provided for the remaining LED bulbs required for the

Maxi Phase.

NamPower shall be entitled to:

(a) Call upon the Performance Bond, up to a maximum of 5% of the Full Contract Price

for late delivery of orders resulting in the late commencement of one or several

phases of the 1mLED Campaign. In the event of late delivery, the delay damages

shall be calculated at 0.1% of the Order Value for each day the shipment is delayed.

Late delivery will be measured according to the agreed programme.

(b) Call upon the Performance Bond, up to a maximum of 15% of the Full Contract Price

for failure of LED bulbs to meet the specified performance levels as stipulated in this

Goods Information during type testing. In the event that the LED bulbs fail to meet the

specified performance levels during type testing, NamPower shall be entitled to claim

for low performance damages from the LED Supplier(s) as indicated in Table 4.

The Performance Bond for delay damages (up to a maximum of 5% of the Full Contract

Price) shall remain in full effect until the last order has been placed but the expiry date shall

not be longer than two (2) years after the starting date. The Performance Bond (up to a

maximum of 15% of the Full Contract Price) for low performance damages shall remain in full

effect until all bulbs which are to be supplied under this Tender have been type tested.

1MLED CAMPAIGN



Table 4: Calculation of low performance damages of LED bulbs tested during type testing

Low Performance damage calculation

Lamp Power xxx NAD/kW ● average wattage of sample greater than

specified wattage ● affected bulbs ● specified bulb lifetime

Abrupt failures xxx NAD/kW ● (Bulbs failed – allowed failures) / sample

no. ● affected bulbs ● cost to replace a bulb

Lumen maintenance xxx NAD/kW ● (bulbs with lumen output less than

specified – allowed bulbs with lumen output less than

specified) / sample no ● affected bulbs ● cost to replace a

bulb

Where:

xxx NAD/kWh = 0.83 NAD/kWh; and

“cost to replace bulb” includes cost to procure the bulb as well as installation costs.

This figure will be provided on Contract award, but is expected to be in the range

between NAD120-00/bulb and NAD 170-00/bulb)

4.12 Warranty Claims and Distribution Channels

The LED Supplier(s) shall make use of local LED distributors or establish local LED

distributors who will administer all Defects (also referred to as Warranty Claims) during the

Defects Period (also referred to as the Warranty Period). The Tenderer must ensure that

there is a minimum of one LED distributor in each of the fourteen regions in Namibia,

covering the major towns in those regions. These LED distributors, who could either be a

local retailer or an outlet, will then administer the Warranty Claims in each of the respective

regions. Partial coverage of the country will not be accepted.

During the Warranty Period, the LED Supplier(s) shall be responsible to exchange, free of

charge, any defective bulb(s) (for LED bulbs which are distributed and installed under the

NamPower 1mLED campaign) which are returned to the local LED distributor as defective.

The LED Supplier(s) or local LED distributors shall implement a verification system within the

distribution channels to verify that the returned bulb is indeed defective before providing a

replacement to the LED Beneficiary. In order to affect the exchange, the Beneficiary will be

required to complete the necessary warranty claim forms. The local LED distributors shall

1MLED CAMPAIGN



record all LED defects and report these defects to NamPower on a 3 monthly basis. If the

defect reports (which are submitted on 3 monthly basis), indicate irregular LED bulb failure

rate; NamPower together with the LED Supplier will investigate these failures to find the root

cause and suitable resolution thereof.

It should be noted that during the installation of the LED bulbs, the LED Champion will verify

that the installed LED bulb is in fact working before the LED Champion leaves the

Beneficiary’s premises. It will also be required that the LED Beneficiary signs a document to

confirm that the LED bulbs are in fact installed and that they are working order.

In addition, the LED Supplier(s) shall ensure that the same LED bulbs provided under the

1mLED Campaign are accessible for procurement by the public at the local LED distributors

both during and after the 1mLED Campaign.

The establishment of the local LED distributor(s) or the utilisation of existing local LED

distributors(s) shall be according to the milestones provided in Table 5.

Table 5: Deliverables associated with the LED distributor(s)

Milestone LED Supplier Deliverable

Tender Close Submit a distribution plan for distribution channels through

local LED distributors

Award of Maxi Phase

Contract

Submit signed agreements with local LED distributors

Two (2) months after

award of Maxi Phase

Contract

Distribution channels operational and ready to be audited by

NamPower

At award of Maxi Phase Contract, the signed agreements with local LED distributors must be

provided by the Tenderer. If existing agreements are in place then the Tenderer shall:

(a) ensure that the existing agreements address the requirements of the Tender

Documents and if not, then amended the distribution agreements accordingly and

(b) submit the signed distribution agreements to NamPower.

1MLED CAMPAIGN



As long as the existing agreements reflect the requirements above, or are amended to reflect

the requirements above, it is not required to sign additional unique agreements. The

agreements must still be submitted to NamPower (existing, amended or new) as stated

above.

The distribution plan shall include the following information:

(a) What local retailers or outlets will be used as a local LED distributor

(b) Which towns will be earmarked to have a local LED distributor present

(c) The roles and responsibilities of each party

(d) The procedures and templates for warranty claims

(e) Typical stock levels

(f) Testing / verification process for returned LED bulbs

The management of all warranty claims through the LED distribution channels (including but

not limited to the replacement LED bulbs, the required test equipment, transportation of

replacement bulbs, training of personnel, local LED distributor fees etc.) are for the cost of

the LED Supplier(s).

The Defects Period shall be three (3) years from date of delivery of the LED bulb(s) to the

Delivery Place.

5. SUPPLY REQUIREMENTS

5.1 Transportation and Logistics

The LED Supplier(s) shall be responsible for the transportation and handling of the LED

bulbs from the place of manufacture to offloading at the Delivery Place. The following

transportation and logistics shall be provided by the LED Supplier(s):

(a) all transport (road and marine cargo) from place of manufacture to the Delivery Place,

including off loading at the Delivery Place,

(b) suitable packaging,

(c) transport insurance,

(d) payment of customs clearance and all duties (INCOTERMS - DDP),

(e) return of empty containers and

(f) any other requirement to fulfil the transportation obligations.

1MLED CAMPAIGN



5.2 Delivery Place for LED bulbs

The Delivery Place for LED bulbs shall be the NamPower warehouse in Windhoek, Namibia.

Delivery address shall be confirmed on signature of Contract Agreement.

5.3 Delivery requirements for the LED bulbs

The LED Supplier(s) will be required to deliver the LED bulbs in the following stages:

(a) The first delivery consignment includes the LED bulbs required for the Pilot Phase.

(b) After approval by NamPower, the LED Supplier(s) will be required to deliver the

remaining consignment of LED bulbs required for the Maxi Phase. The delivery of

these LED bulbs will be staggered and there should be sufficient flexibility to allow

NamPower to amend the order of the LED bulbs between consignments in this

phase.

Following the procurement and successful installation of the Pilot Phase, there will be a

period of between two (2) to three (3) months before subsequent orders may be placed with

the LED Supplier(s). This time has been allowed for NamPower to review the outcome of the

Pilot Phase and obtain the necessary approval for procurement of the LED bulbs for the Maxi

Phase.

In the event that the NamPower Board decides to discontinue the 1mLED Campaign, or to

change the quantity of LED bulbs to be installed as part of the 1mLED Campaign;

NamPower, its officers or employees shall not be liable for any loss of revenue to the LED

Supplier(s) due to termination or reduction in order volumes of the 1mLED Campaign.

The Tenderer shall also provide in the Price Schedules both the pricing for the LED bulbs to

be airfreighted (urgent delivery) to Windhoek, Namibia as well as the pricing for the LED

bulbs to be shipped (normal delivery) to Windhoek, Namibia. All delivery of the LED bulbs

shall be according to Delivery Duties Paid (DDP, INCOTERMS 2013) including off loading at

Delivery Place.

It is critical that the LED Supplier(s) delivers the correct type and quantity of LED bulbs on

time to ensure the timely execution of the 1mLED Campaign. Delay damages as stated in

the Specification shall be imposed on the LED Supplier(s) for late delivery of the LED bulbs.

As part of the Tender Submission, the Tenderer is required to indicate the lead times to

deliver the LED bulbs from the time of order placement for both urgent and normal deliveries.

1MLED CAMPAIGN


NAMPOWER FORM C1, PAGE 1 OF 5

C1 Returnable Form

General and Specific Company Information

The general and specific company information comprises part of these Tender

Documents.

Data left open or [square bracketed] shall be filled in by the Tenderer.

The completed form shall be submitted with the technical proposal.

Complete Returnable Form C1 for each entity in any consortium/ JV/

partnership/ grouping.

1MLED CAMPAIGN



1. Organisation Details

Company Name:

Registered Office:

Registered Number:

Legal Form of Organisation:

Country of Incorporation:

Date of Incorporation:

Parent Company Name:

Registered Office of Parent Company:

Are you part of a Group of Companies?

Yes No

If yes, please enclose an organisation chart of the group.

1MLED CAMPAIGN



2. Contact Details

Address to which any correspondence / documentation should be sent:

Address:

Post Code:

Telephone No.:

Facsimile No.:

e-mail Address:

Company Official to whom any query regarding questionnaire should be directed:

Name:

Position:

Telephone:

e-mail Address:

1MLED CAMPAIGN



3. Financial Details

(a) Please enclose one copy of your management accounts (for CCs) or audited

financial accounts (for companies) in English for each of the last three financial

years. If the Company is listed publicly, the Consultant shall indicate in the

Proposal the relevant exchange(s) on which the Company is listed and shall

provide in its Proposal a copy of each annual statement and other material filings

which have been submitted to the relevant exchange in the past thirty-six (36)

months

Accounts enclosed:

Yes No

(b) Please confirm that the company has a liquidity ratio (current assets/current

liabilities) of not less than 1.

Yes No

(c) Has your company fulfilled its obligations in relation to payment of taxes in

Namibia (if applicable) and country of registration? Please provide certificate of

good standing from the Receiver of Revenue (or equivalent).

Yes No

(d) Has your company fulfilled its obligations in relation to the Namibian Social

Security regulations? (only if applicable) Please provide certificate of good

standing from the Social Security (if applicable).

Yes No

(e) Has your company fulfilled its obligations in relation to the Namibian Equity

Commission regulations? (only if applicable) Please provide certificate of good

standing from the Employment Equity Commission

Yes No

1MLED CAMPAIGN



4. Resource Details

Tenderers shall provide:

(a) Details of the company’s size and organisational structure

Organisational chart provided:

Yes No

(b) If the Tenderer is a consortium or joint venture agreement, provide the

consortium or joint venture agreement:

Agreement provided:

Yes No

(c) Details of the company’s management expertise, legal, technical, financial and

economic capacity/resources to complete the Works

Information provided:

Yes No

(d) Distribution plan for local LED distributors:

Distribution plan provided:

Yes No

(e) In the event that the Tenderer is not the LED bulb manufacturer(s), provide the

agreement between the Tenderer and the LED bulb manufacturer:

Agreement provided:

Yes No

1MLED CAMPAIGN

TENDER DOCUMENTS FOR LED BULBS

NAMPOWER FORM C2, PAGE 1 of 3

C2 Returnable Form

Form of Letter of Tender

The Form of Letter of Tender comprises part of this Tender

Documents.

Data left open or [square bracketed] shall be filled in by the

Tenderer.

The completed Form of Letter of Tender shall be submitted with

the Tender Submission.

1MLED CAMPAIGN



FORM OF LETTER OF TENDER

(TO BE PROVIDED ON TENDERER’S COMPANY LETTERHEAD)

To: The Managing Director

Namibia Power Corporation (Pty) Ltd (NamPower)

NamPower Centre (Head Office)

15 Luther Street

P.O. Box 2864

Windhoek

Namibia

RE: NAMPOWER TENDER NO.: NPWR/2015/02 – TENDER FOR SUPPLY OF

LED BULBS REQUIRED FOR THE NAMPOWER 1MLED CAMPAIGN

We have examined, understood and checked the complete set of Tender

Documents, specifically the Conditions of Contract (NEC Supply Contract: April

2013) and Purchaser’s Requirements in respect of the above-referenced Tender.

We have ascertained that it contains no errors or other defects. We accordingly

offer to execute and complete the works in conformity with the Tender Documents

which includes this Letter of Tender. We agree to abide by this Tender and it shall

remain binding upon us and may be accepted at any time before the expiry of the

Tender Validity Period. We acknowledge that the Tender Documents, including

without limitation the Conditions of Contract comprising the NEC Supply Contract,

the Contract Data and Amendments to the NEC Supply Contract forms part of this

Letter of Tender.

If this offer is accepted, we will sign the Contract Agreement (together with the

Conditions of Contract and Annexures thereto, referred to as the "Contract") and

provide the specified Performance Bond, commence the works as soon as is

reasonably possible and complete the works in accordance with the Contract within

the time specified by the Purchaser. Unless and until a formal Contract Agreement

is prepared and executed, this Letter of Tender together with your written

acceptance thereof, shall constitute a binding contract between us.

1MLED CAMPAIGN



We understand that you are not bound to accept any Tender Submission that you

may receive, and that any decision in respect of the award of this tender by the

NamPower Board is final and binding upon us.

Name in Capital Letters: __________________________________________

In the capacity of: ________________________________________________

Duly authorised to sign for and on behalf of: ______________________________

Address: _______________________________________________________

_______________________________________________________

Signature: ___________________________ Date: _____________________

The rest of this page is left intentionally open.

1MLED CAMPAIGN



C3 Returnable Form

Minimum Criteria for Responsiveness

The form shall be completed by the Tenderer with the relevant supporting

information as requested.

The completed and signed form shall be submitted with the Tender

Submission.

Please answer the following questions by indicating “YES” or “NO” in the

relevant boxes. Tenderers that are unable to answer “YES” to all of the

questions listed in the table below will be considered non-responsive and the

Tender will not be evaluated further.

1MLED CAMPAIGN



Minimum Criteria Yes/No

Has the Tender Submission been submitted in the English

language?

Has the Tenderer submitted one (1) technical proposal

comprising one (1) original hardcopy and one (1) electronic (on

USB drive) copy?

Has the Tenderer submitted one (1) financial proposal

comprising one (1) original hardcopy and one (1) electronic (on

USB drive) copy?

Have all the Returnable Forms been completed and submitted?

Has the technical proposal and financial proposal been signed

by all parties to the consortium or joint venture or by a signatory

with valid powers of attorney to sign on behalf of such parties?

Has the Tender Bond been submitted and

Is the Tender Bond the same duration as the Tender

Submission validity?

Does the Tender Bond have the same wording as

Returnable Form C12 i.e. no material deviations?

Has the Tender Bond been submitted from a

commercial bank?

Has the certificate of good standing from the Receiver of

Revenue been provided and is it current?

Has the certificate of good standing from the Social Security (for

Namibian companies only) been provided and is it current?

Have the audited / management accounts for the last three

financial years been included? (if the entity has been

established for a period of less than three years, than for the

number of years for which the entity has been established, must

be provided)

1MLED CAMPAIGN



C4 Returnable Form

Form of Special Power of Attorney

The form of Special Power of Attorney comprises part of these Tender

Documents.

The form shall be completed by the Tenderer with the relevant information as

requested.

The completed and signed form shall be submitted with the Tender

Submission.

1MLED CAMPAIGN



FORM OF SPECIAL POWER OF ATTORNEY

(TO BE SUBMITTED ON TENDERER’S COMPANY LETTERHEAD)




15 Luther Street

P.O. Box 2864

Windhoek

Namibia

RE: TENDER NO.: NPWR/2015/02 – SPECIAL POWER OF ATTORNEY

The following person(s) have been granted a special power of attorney for the

purposes of submitting a Tender, negotiating and executing the Contract

Agreement.

Title and Name

Signature

Title and Name

Signature

Title and Name

Signature

Such authorisation has been conferred by the Board of Directors by way of a Board

Resolution dated [●]1 and a notarised copy of same (or certified by the Company

Secretary) attached hereto, to act on our behalf and in our name in all matters

relating to the aforementioned tender. The actions and representations of the

aforementioned persons shall be binding upon and/or shall be duly ratified by the

Board of Directors.

1 To be provided by Tenderer

1MLED CAMPAIGN



This Power of Attorney remains in force until ninety (90) days after the

Commencement Date of the Contract.

Place

Date

Mr/Mrs

Signatures and Company Stamp

(Duly authorised to confirm such Special Power of Attorney)

1MLED CAMPAIGN



C5 Returnable Form

Form of Covenant of Integrity

The form of Covenant of Integrity comprises part of these Tender

Documents.


The completed form shall be submitted with the Tender Submission.

1MLED CAMPAIGN



FORM OF COVENANT OF INTEGRITY

(TO BE PROVIDED ON TENDERER’S COMPANY LETTERHEAD)




15 Luther Street

P.O. Box 2864

Windhoek

Namibia

RE: NAMPOWER (PTY) LTD TENDER NO.: NPWR/2015/02

COVENANT OF INTEGRITY

For the purpose of this Covenant:

“Corrupt Practice” means the offering, giving or promising of any improper advantage to

influence the action of a Public Official, or the threatening of injury to his person,

employment, property, rights or reputation, in connection with any procurement process or in

the execution of any contract in order that any person may obtain or retain business

improperly or obtain any other improper advantage in the conduct of business.

“Fraudulent Practice” means a dishonest statement or act of concealment which is

intended to, or tends to, influence improperly the procurement process or the execution of a

contract to the detriment of the Purchaser, or is designed to establish tender prices at non-

competitive levels and to deprive the Purchaser of the benefits of fair and open competition,

and includes collusive practices (whether before or after tender submission) among

tenderers or between a tenderer and a consultant or a representative of the Purchaser.

“Purchaser“ means the person designated as such in the Tender Documents or the

Contract.

“Public Official” means any person holding a legislative, administrative, managerial, political

or judicial post in any country, or exercising any public function in any country; or a director

or employee of a public authority or of a legal person controlled by a public authority of any

country; or a director or official of a public international organisation.

“Prohibited Practice“ means an act that is a Corrupt Practice or a Fraudulent Practice.

We hereby declare and covenant that neither we nor anyone, including any of our directors,

employees or agents, acting on our behalf with due authority or with our knowledge or

consent, or facilitated by us, has engaged, or will engage, in any Prohibited Practice (as

defined herein above) in connection with the tendering process or in the execution or supply

1MLED CAMPAIGN



of any works, goods or services for the above-referenced Project (as per TENDER NO.:

NPWR/2015/02) (the "Contract") and covenant to so inform you if any instance of any such

Prohibited Practice shall come to the attention of any person in our organisation having

responsibility for ensuring compliance with this Covenant.

We shall for the duration of the tender process and, if we are successful in our tender, for the

duration of the Contract, appoint and maintain in office an officer, who shall be a person

reasonably satisfactory to you and to whom you shall have full and immediate access,

having the duty, and the necessary powers, to ensure compliance with this Covenant.

If (i) we have been, or any such director, employee or agent acting as aforesaid has been,

convicted in any court of any offence involving a Prohibited Practice in connection with any

tendering process or provision of works, goods or services during the five years immediately

preceding the date of this Covenant, or (ii) any such director, employee or agent has been

dismissed or has resigned from any employment on the grounds of being implicated in any

Prohibited Practice, we give details of that conviction, dismissal or resignation below,

together with details of the measures that we have taken, or shall take, to ensure that neither

this company nor any of our directors, employees or agents commits any Prohibited Practice

in connection with the Contract:

[Give details if necessary]

In the event that we are awarded the Contract, we grant the Purchaser or its assigns, or any

lenders of the Purchaser and auditors appointed by either of them, as well as any authority

having compliance under Namibian law, the right to give them reasonable information about

the Project. We accept to preserve records generally in accordance with applicable law but

in any case for at least six years from the date of the end of the extended defects notification

period (as defined in the Tender Documents) and substantial performance of the Contract.

1MLED CAMPAIGN



Name in capital

letters _______________________________________________________

Signature _______________________________________________________

In the capacity of: _______________________________________________________

Duly authorised to sign for and on behalf of: ___________________________________

Address: _______________________________________________________________

_______________________________________________________________

Date _______________________________________________________________

1MLED CAMPAIGN



C6 Returnable Form

Letter of Good Standing from the Receiver of Revenue

The Tenderer shall submit a letter of good standing from the Receiver of

Revenue in the Republic of Namibia (applicable to Tenderers incorporated in

or which are registered foreign business entities in the Republic of Namibia).

Alternatively, the Tenderer shall submit a letter from the government of the

Tenderer's country of origin.

The letter shall be submitted with the Tender Submission.

1MLED CAMPAIGN



C7 Returnable Form

Letter of Good Standing from the Social Security Commission

The Tenderer shall submit a letter of good standing from the Social Security

Commission for Tenderers incorporated in or which are registered foreign

business entities in the Republic of Namibia.


1MLED CAMPAIGN



C8 Returnable Form

Letter of Good Standing from the Employment Equity Commission

The Tenderer shall submit a letter of good standing from the Employment

Equity Commission for Tenderers incorporated in or which are registered

foreign business entities in the Republic of Namibia.


1MLED CAMPAIGN



C9 Returnable Form

Reference Projects

The list of reference projects comprises part of these Tender Documents.

The tables shall be populated by the Tenderer with the relevant information as requested.

The completed form shall be provided with the Tender Submission.

1MLED CAMPAIGN



Reference details for large lighting exchange projects

Project Name: Location of Project:

Client Name: Type of replacement (i.e. distribution or installa-

tion)

Address of the Client (Including names and telephone and email):

Role of Tenderer on Reference Project:

Same Tenderer as Tender NPWR/2015/02 Yes No

Same Manufacutuer as Tender NPRM/2015/02 Yes No

Same Supplier as Tender NPWR/2015/02 Yes No

Start of Project:

End of Project:

Approx. Value of Services (in Current NAD):

Contractual Completion Date (Month/Year):

Details of Bulbs replaced

Replaced wattage, bulb used Volume

40W (LED/CFL)

60W (LED/CFL)

75W (LED/CFL)

100W (LED/CFL)

Other bulbs

Other details:

1MLED CAMPAIGN



Note: Please complete one table per reference project Only projects where more than 200 000 bulbs were replaced will be used for evaluation.

1MLED CAMPAIGN



C10 Returnable Form

Form of Contract Agreement

The Form of Contract Agreement comprises part of these Tender

Documents.


The completed form shall be signed and submitted by the Tenderer on

Tender Submission as acknowledgment and acceptance of the terms and

conditions stipulated in the Form of Contract Agreement.

1MLED CAMPAIGN



CONTRACT AGREEMENT

This Contract Agreement (hereinafter the “Agreement”) made on the [●]

Between

Namibia Power Corporation (Pty) Ltd

(Hereinafter referred to as the “Purchaser") of the one part,

And

[●]

(Hereinafter referred to as the “Supplier") of the other part

Whereas the Purchaser requires that certain Goods and Services should be provided by the

Supplier, namely the:

NPWR/2015/02: SUPPLY OF LED BULBS REQUIRED FOR THE NAMPOWER 1MLED

CAMPAIGN.

the Supplier has offered to the Purchaser to provide the Goods and Services for the sum

specified in Clause 5;

the Purchaser hereby accepts the offer by the Supplier for the provision of the Goods and

Services according to the requirements stipulated in the Contract for the sum specified in

Clause 5 below.

The Purchaser and the Supplier agree as follows:

1 In this Agreement words and expressions shall have the same meanings as are

respectively accorded to them in the Contract hereinafter referred to.

2 This Agreement and the rights and obligations of the Parties have been agreed

between the Parties as at the date hereof as the basis of their contractual relationship.

3 The following documents shall be deemed to form and be read and construed as part of

this Agreement, in the following descending order of priority:

a) Contract Agreement

b) Contract Data and Amendments to the NEC Supply Contract

c) NEC Supply Contract, April 2013

1MLED CAMPAIGN



d) Minutes of Contract negotiation meetings and associated communication, dated

[●];

e) Minutes of clarification meetings and associated communication dated [●];

f) Technical, commercial and legal deviations to the Tender Documents agreed by

the Purchaser during Contract evaluation and negotiation

g) Clarifications to the Purchaser’s Tender Submission

h) The Purchaser’s Tender Documents

i) The Supplier’s Tender Submission

4 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 remedy any defects therein, in conformity with the provisions

of this Agreement.

5 The Purchaser hereby covenants to pay the Supplier, in consideration of the provision

of Goods and Services and the remedying of defects therein, the sum of:

[●] for supply of the LED bulbs required for the Pilot Phase of the NamPower 1mLED

campaign;

And if approved by the Purchaser, [●] for supply of LED bulbs required for the Maxi

Phase of the NamPower 1mLED campaign.

6 The Supplier has examined the documents which forms part of this Agreement and

offers to provide the Goods and Services in conformity with the Agreement.

7 The Parties hereby warrant and undertake each to the other that they have respectively

entered into and executed this Agreement by their duly authorised representatives in

accordance with all procedures required by their respective governing laws and

constitutional documents.

8 The Agreement shall come into full force and effect immediately upon execution by both

Purchaser and Supplier.

9 This Agreement may be executed in one or more counterparts, each of which shall be

considered an original document and together which shall be considered the complete

Agreement.

1MLED CAMPAIGN



In witness whereof the parties hereto have caused this Agreement to be executed on the

day, month and year first above written in accordance with the respective laws of Namibia.

Date: Signed by:

for and on behalf of the Purchaser (and duly authorised) in the presence of

Witness:

Name:

Address:

Date: Signed by:

for and on behalf of the Supplier (and duly authorised) in the presence of

Witness:

Name:

Address:

1MLED CAMPAIGN



C11 Returnable Form

Form of Performance Bond

The Form of Performance Bond comprises part of these Tender

Documents.

The form shall be completed by the Tenderer with the relevant

information as requested.


Tender Submission as acknowledgment and acceptance of the terms

and conditions stipulated in the Form of Performance Bond.

1MLED CAMPAIGN



PERFORMANCE BOND

Private & Confidential

DATED [●] day of [●] 201[●]

[GUARANTOR]

And


1MLED CAMPAIGN



THIS PERFORMANCE BOND is made the [●] day of [●], 201[●]

BETWEEN:

[●] whose registered office is at [●] (the "Guarantor" which expression shall include its

successors in title); and

Namibia Power Corporation (Pty) Ltd whose registered office is at NamPower Centre, 15

Luther Street, Windhoek, Republic of Namibia (the "Purchaser" which expression shall

include its successors in title, transferees and assigns).

WHEREAS:

A. By a contract made between the Purchaser and [●] dated [●] 201[●] as may be

amended from time to time (the "Contract") the Supplier has agreed to provide the

goods and services as specified in the Contract (the "Goods and Services").

B. The Guarantor has been requested by the Supplier and has agreed to provide a

Performance Bond on the following terms.

NOW THIS AGREEMENT WITNESSETH as follows:

1 Interpretation

1.1 "Insolvency Event" means the Supplier making a composition or arrangement with

its creditors or becoming bankrupt or insolvent or effecting a transfer of its property

to its creditors' advantage or signing a fiduciary agreement in their favour or being a

company:

1.1.1 making a proposal for a voluntary arrangement for a composition of debts or scheme

of arrangement to be approved in accordance with relevant legislation; or

1.1.2 having a provisional liquidator appointed; or

1.1.3 having a winding up order made; or

1.1.4 passing a resolution for voluntary winding up; or

1.1.5 having an administrator or administrative receiver appointed; or

1.1.6 having an application made for an inventory of its assets to be taken as part of, or as

precursor to, any of the circumstances above; or

1.1.7 the equivalent to any of the above in any applicable jurisdiction occurring.

1.2 Words and expressions used but not defined in this Bond shall have the meanings

1.3 attributed to them in the Contract.

1MLED CAMPAIGN



2 Commencement

This Performance Bond shall come into force on [the Commencement Date]

3 Guarantee

The Guarantor irrevocably and unconditionally guarantees to the Purchaser the due

performance of all the Supplier’s obligations and liabilities under the Contract.

4 Maximum Sum

The maximum amount payable by the Guarantor to the Purchaser under this Performance

Bond is [insert amount in figures and in words equal to [●]% of Contract Price] (the

"Maximum Sum") as the same may be increased from time to time in accordance with

clause 7.

5 Procedure for calling the Performance Bond

5.1 The Purchaser may from time to time make a written demand upon the Guarantor

stating that the Supplier has defaulted in its obligations under the Contract or has

failed to make any payment in accordance with the terms of the Contract and the

amount claimed by the Purchaser.

5.2 The Guarantor shall immediately upon receipt of any such demand pay to the

Purchaser the amount or amounts demanded up to the aggregate of the Maximum

Sum.

5.3 More than one demand may be made by the Purchaser under this Performance

Bond, provided that aggregate amount payable shall not exceed the Maximum Sum.

6 Payment under the Performance Bond

6.1 All sums payable under this Performance Bond shall be paid to the Purchaser in full,

free of any present or future taxes, levies, duties, charges, fees or withholdings and

without any deduction, restriction, conditions, withholding, set-off or counterclaim

whatsoever. If the Guarantor is compelled by law to make any deduction or

withholding, the Guarantor will gross up the payment so that the net sum received by

the Purchaser will be equal to the full amount which the Purchaser would have

received had no such deduction or withholding been made.

6.2 The Guarantor is not entitled to rely on any defences or claims which may be

available to the Supplier at law, in equity or under the Contract.

6.3 Any demand made by the Purchaser in accordance with clause 5 and any sum or

sums stated in such demand shall be conclusive evidence that such sum or sums

are properly due and payable to the Purchaser under this Performance Bond.

1MLED CAMPAIGN



7 Validity and Completeness of the Performance Bond

The Guarantor confirms that this Bond shall not be impaired, reduced, discharged or affected

by:

7.1 any amendments, alterations or supplements to the Contract or any concession,

release, waiver or other indulgence granted to the Supplier;

7.2 any variation or suspension of the Goods or Services;

7.3 any invalidity, illegality or unenforceability in or of the terms of any agreement or

other commitment to which the Supplier is, or may become a party, including

(without limitation) any invalidity in the Contract, its avoidance or termination of the

Supplier's employment under the Contract;

7.4 any disability, incapacity, change in ownership or change in status of the Supplier or

the Purchaser;

7.5 an Insolvency Event or a change in the constitution of the Supplier or the Purchaser;

7.6 any forbearance or delay by or on the part of the Purchaser in asserting any of its

rights against the Supplier; or

7.7 any other event, act or omission howsoever arising which would not have discharged

or affected the liability of the Guarantor but which, in the absence of this provision,

might operate to exonerate the Guarantor.

8 Continuity and discharge of the Performance Bond

The Guarantor confirms that:

8.1 its obligations under this Performance Bond are irrevocable, unconditional and

primary and not merely that of a surety;

8.2 this Performance Bond remains in full force and effect until the latter of:

8.2.1 last order has been placed but the expiry date shall not be longer than two (2) years

after the starting date the Supplier’s payment of all amounts due to the Purchaser

under the Contract in respect of liquidated damages (delay damages and

performance damages),

8.2.2 when this Performance Bond shall cease to have effect save in connection with any

demand notified to the Guarantor on or prior to the said date; and

8.3 any release, discharge or settlement between the Guarantor and the Purchaser shall

be conditional upon no security, disposition or payment to the Purchaser being void,

set aside or ordered to be refunded pursuant to any enactment or law relating to

1MLED CAMPAIGN



bankruptcy, liquidation, administration or insolvency or for any other reason

whatsoever and, should this condition not be fulfilled, the Purchaser shall be entitled

to enforce this Performance Bond subsequently as if such release, discharge or

settlement had not occurred and any payment had not be made.

9 Non-Waiver

No failure or delay by the Purchaser in exercising any right or remedy shall operate as a

waiver, nor shall any single or partial exercise or waiver of any right or remedy preclude its

further exercise or the exercise of any other right or remedy.

10 Provisions Severable

Each of the provisions of this Performance Bond are severable and distinct from the others

and if at any time one or more of such provisions is or becomes invalid, illegal or

unenforceable, the remaining provisions of this Performance Bond shall not be affected,

prejudiced or impaired in any way.

11 Assignment

11.1 The Purchaser may assign, charge or transfer this Performance Bond to any party to

whom any of the benefits under the Contract have been assigned by Purchaser in

accordance with the Contract without the consent of the Guarantor and such

assignment shall be effective upon the Guarantor being given written notice of the

assignment.

11.2 The Guarantor may not assign, charge or transfer this Performance Bond to any

person.

12 Notice

Any notice or other communication to be given, served or made under this Performance

Bond:

12.1 shall be written in English and shall be delivered by hand, courier or facsimile

transmission to:

12.1.1 the Guarantor at:

[Address of Guarantor]

Fax No:

Attention:

1MLED CAMPAIGN



12.1.2 the Purchaser at:

NamPower Centre

15 Luther Street,

Windhoek,

Republic of Namibia

Fax No: +264-61-205-4111

Attention: B Joerges (Chief Legal Advisor)

or to such other address or number as a party may specify from time to time by

notice to the other party; and

12.2 shall be deemed to have been received:

12.2.1 in the case of a letter, when delivered by hand or five (5) Days after it has been

couriered; and

12.2.2 in the case of a facsimile transmission, when a complete and legible copy is received

by the addressee provided that if the date of receipt is not a business day in the

country of the addressee, it shall be deemed to have been received at the opening of

business on the next such business day.

13 Governing Law

13.1 This Performance Bond shall, in all respects, be governed by and interpreted in

accordance with the laws of the Republic of Namibia.

13.2 Each party irrevocably submits to the exclusive jurisdiction of the High Court of

Namibia with regard to all matters arising from or in connection with this

Performance Bond and agrees that a judgment on any proceedings brought in the

High Court of Namibia shall be conclusive and binding upon them and may be

enforced in the courts of any other jurisdiction.

14 Changes

This Performance Bond shall in no way be modified, amended, amplified or limited except

pursuant to an express written agreement entered into between the Supplier, the Purchaser

and the Guarantor provided, however, that the Maximum Sum shall be increased from time

to time to reflect increases in the Contract Price due to Variations, pursuant to the

Purchaser's written request, by amendment to this Bond executed by the Guarantor. Any

such increase in the Maximum Sum shall in no way be deemed to otherwise modify, amend

or limit any of the Purchaser's rights or the Guarantor's obligations hereunder.

1MLED CAMPAIGN



EXECUTED as a deed by the parties on the date first above written and delivered upon its

being dated.

EXECUTED as a DEED


Name

Signature (Duly authorised signatory)

EXECUTED as a DEED

[THE GUARANTOR]

acting by

Director

Company Secretary/Director

1MLED CAMPAIGN



C12 Returnable Form

Form of Tender Bond

The Form of Tender Bond comprises part of these Tender Documents.


Tenderer.

The completed Tender Bond shall be submitted with the Tender

Submission.

1MLED CAMPAIGN



TENDER BOND

Private & Confidential

DATED [●] day of [●] 201[●]

[GUARANTOR]

And


.........................................................

1MLED CAMPAIGN



THIS AGREEMENT (the "Tender Bond") is made the [●] day of [●],

201[●]

BETWEEN:

[●] whose registered office is at [●] (the "Guarantor" which expression

shall include its successors in title); and

Namibia Power Corporation (Pty) Ltd whose registered office is at

NamPower Centre, 15 Luther Street, Windhoek, Republic of Namibia (the

"Purchaser" which expression shall include its successors in title,

transferees and assigns).

WHEREAS:

A. [●] (the "Tenderer") intends to tender for the supply of LED bulbs

required for the NamPower 1mLED campaign in accordance with

the terms of the Tender Documents (Tender No: NPWR/2015/02)

issued by the Purchaser on [date].

B. As a precondition of Tenderer's involvement in the tender process,

Tenderer is required to provide the Purchaser with security in the

form of this Tender Bond.

C. The Guarantor has been requested by the Tenderer and has agreed

to provide a Tender Bond on the following terms.

NOW THIS AGREEMENT WITNESSETH as follows:

1 Interpretation

1.1 "Insolvency Event" means the Tenderer making a composition or

arrangement with its creditors or becoming bankrupt or insolvent or

effecting a transfer of its property to its creditors’ advantage or

signing a fiduciary agreement in their favour or, being a company:

1.1.1 making a proposal for a voluntary arrangement for a composition of

debts or scheme of arrangement to be approved in accordance with

relevant legislation; or

1.1.2 having a provisional liquidator appointed; or

1MLED CAMPAIGN



1.1.3 having a winding up order made; or

1.1.4 passing a resolution for voluntary winding up; or

1.1.5 having an administrator or administrative receiver appointed; or

1.1.6 having an application made for an inventory of its assets to be taken

as part of, or as precursor to, any of the circumstances above; or

1.1.7 the equivalent to any of the above in any applicable jurisdiction

occurring;

1.2 Words and expressions used but not defined in this Tender Bond

shall have the meanings attributed to them in the Tender

Documents.

2 Maximum Sum

The maximum amount payable by the Guarantor to the Purchaser under

this Tender Bond is NAD 200,000 (Two Hundred Thousand Namibian

dollars)] (the "Maximum Sum").

3 Procedure for calling the Tender Bond

3.1 The Purchaser may from time to time make a written demand upon

the Guarantor stating that the Tenderer has:

3.1.1 breached any Law relating to the tender process or is disqualified

from the tender process as a result of its actions or omissions;

3.1.2 refused to accept the correction of errors in its Tender in

accordance with such Tender Documents;

3.1.3 withdrawn its Tender prior to the expiry of the Tender Validity

Period;

3.1.4 failed to extend the term of this Tender Bond after agreeing to the

Purchaser’s request to extend the expiry date of the Tender Bond;

and

3.1.5 if the Purchaser advises the Tenderer that it has decided to award

the Contract to the Tenderer on agreed terms, failed to execute the

Contract Agreement or provide the Performance Bond.

1MLED CAMPAIGN



3.2 The Guarantor shall immediately upon receipt of any such demand

pay to the Purchaser the amount or amounts demanded up to the

aggregate of the Maximum Sum.

4 Payment under the Tender Bond

4.1 All sums payable under this Tender Bond shall be paid to the

Purchaser in full, free of any present or future taxes, levies, duties,

charges, fees or withholdings and without any deduction, restriction,

conditions, withholding, set-off or counterclaim whatsoever. If the

Guarantor is compelled by law to make any deduction or

withholding, the Guarantor will gross up the payment so that the net

sum received by the Purchaser will be equal to the full amount

which the Purchaser would have received had no such deduction or

withholding been made.

4.2 The Guarantor is not entitled to rely on any defences or claims

which may be available to the Tenderer under the Tender

Documents.

4.3 Any demand made by the Purchaser in accordance with clause 5

and any sum or sums stated in such demand shall be conclusive

evidence that such sum or sums are properly due and payable to

the Purchaser under this Tender Bond.

5 Validity and Completeness of the Tender Bond

5.1 The Guarantor confirms that this Tender Bond shall not be impaired,

reduced, discharged or affected by:

5.1.1 any amendments, alterations or supplements to the Tender

Documents or any concession, release, waiver or other indulgence

granted to the Tenderer;

5.1.2 any invalidity, illegality or unenforceability in or of the terms of any

agreement or other commitment to which the Tenderer is, or may

become a party, including (without limitation) any invalidity in the

Tender Documents;

5.1.3 any disability, incapacity, change in ownership or change in status

of the Tenderer; or

1MLED CAMPAIGN



5.1.4 an Insolvency Event or a change in the constitution of the Tenderer;

5.1.5 any forbearance or delay by or on the part of the Purchaser in

asserting any of its rights against the Tenderer;

5.1.6 any other act or omission which would not have discharged or

affected the liability of the Guarantor but which, in the absence of

this provision, might operate to exonerate the Guarantor.

6 Continuity and discharge of the Tender Security

The Guarantor confirms that:

6.1 this Tender Bond shall remain in full force and effect until the later of

the expiry of [●]1 or the date the Contract Agreement is executed

between the Purchaser and the Tenderer has delivered a valid

Performance Bond in material compliance with the respective forms

in the Tender Documents, when this Tender Bond shall cease to

have effect save in connection with any demand notified to the

Guarantor on or prior to the said date and as set out in clause 3;

and

6.2 any release, discharge or settlement between the Guarantor and the

Purchaser shall be conditional upon no security, disposition or

payment to the Purchaser being void, set aside or ordered to be

refunded pursuant to any enactment or law relating to bankruptcy,

liquidation, administration or insolvency or for any other reason

whatsoever and, should this condition not be fulfilled, the Purchaser

shall be entitled to enforce this Tender Bond subsequently as if such

release, discharge or settlement had not occurred and any payment

had not be made.

7 Non-Waiver

No failure or delay by the Purchaser in exercising any right or remedy shall

operate as a waiver, nor shall any single or partial exercise or waiver of any

right or remedy preclude its further exercise or the exercise of any other

1 Guarantor to state the date that is 3 months after the Tender Closing

Date.

1MLED CAMPAIGN



right or remedy.

8 Provisions Severable

Each of the provisions of this Tender Bond is severable and distinct from

the others and if at any time one or more of such provisions is or becomes

invalid, illegal or unenforceable; the remaining provisions of this Tender

Bond shall not be affected, prejudiced or impaired in any way.

9 Assignment

The Purchaser may assign, charge or transfer this Tender Bond to any

party without the consent of the Guarantor and such assignment shall be

effective upon the Guarantor being given written notice of the assignment.

The Guarantor may not assign, charge or transfer this Tender Bond to any

person.

10 Notice

Any notice or other communication to be given, served or made under this

Tender Bond:

10.1 shall be written in English and shall be delivered by hand, courier or

facsimile transmission to:

10.1.1 the Guarantor at:

[Address of Guarantor]

Fax No:

Attention:

10.1.2 the Purchaser at:

NamPower Centre, 15 Luther Street, Windhoek, Namibia

Fax No:+264-61-205-4111

Attention: B Joerges (Chief Legal Advisor)

or to such other address or number as a party may specify from time to

time by notice to the other party; and

10.2 shall be deemed to have been received:

1MLED CAMPAIGN



10.2.1 in the case of a letter, when delivered by hand or five (5) Days after

it has been couriered; and

10.2.2 in the case of a facsimile transmission, when a complete and legible

copy is received by the addressee provided that if the date of receipt

is not a business day in the country of the addressee, it shall be

deemed to have been received at the opening of business on the

next such business day.

11 Governing Law

11.1 This Tender Bond shall, in all respects, be governed by and

interpreted in accordance with the laws of the Republic of Namibia.

11.2 Each party irrevocably submits to the exclusive jurisdiction of the

High Court of Namibia with regard to all matters arising from or in

connection with this Tender Bond and agrees that a judgment on

any proceedings brought in the High Court of Namibia shall be

conclusive and binding upon them and may be enforced in the

courts of any other jurisdiction.

12 Changes

This Tender Bond shall in no way be modified, amended, amplified or

limited except pursuant to an express written agreement entered into

between the Tenderer, Purchaser and Guarantor.

EXECUTED as an agreement by the parties on the date first above written

and delivered upon its being dated.

1MLED CAMPAIGN



EXECUTED as an agreement


Name

Signature (Duly authorised signatory)

EXECUTED as an agreement

[THE GUARANTOR]

acting by

Director

Company Secretary/Director

1MLED CAMAPIGN



C13 Returnable Form

Datasheet for LED Bulbs

The Datasheet for LED Bulbs comprises part of the Tender Submission.


The completed form shall be submitted with the Tender Submission for each

type of LED bulb submitted under this Tender.

1MLED CAMAPIGN



Incandescent equivalent: ___________________________ [W]

No. Questions Participant’s Response

1 Name of Manufacturer

2 Name of product make

3 Model number

4 Place of manufacture

5 LED Power rating [W]

6 Luminous flux [lumen]

7 Lumen efficacy [lumen/W]

8

Rated lifetime [h] for:

Gradual light degradation is

specified as L70 B50,

Abrupt light out is degradation is

specified as L0 C50 and

Combined failure rate is specified

as L70F50.

9 Lumen maintenance

10 Correlated Colour temperature (CCT) [K]

11 Colour Rendering Index (CRI):

a. Initial CRI

b. Range of CRI (Also state hours

of operation or age at which bulb

reaches lowest CRI level)

12 Ambient temperature for which the

luminaire performance is based:

1MLED CAMAPIGN



a. Indoor [°C]

b. Outdoor [°C]

13 Electrical parameters:

a. Driver current [A]

b. Displacement factor

14 Total harmonic distortion of LED bulb

15 Dimensions of LED bulb

a. Diameter

b. Height

16 Beam angle

17 Flicker

18 Applicable LED standards

(international/local)

19 Maximum / minimum batch sizes

1MLED CAMPAIGN



C14 Returnable Form

Technical, Legal and Commercial Deviations List

This form provides a list of all technical, legal and commercial devia-

tions to these Tender Documents.

The table shall be populated by the Tenderer with the relevant infor-

mation as requested.


Tenderer.

The completed form shall be submitted with the Tender Submission.

1MLED CAMPAIGN



Technical, Legal and Commercial Deviations declared to Tender Documents

Ser. No. Purchaser’s Requirement

Clause No.*

Tenderer’s Deviation Price impact

DEV-1

DEV-2

DEV-3

Notes: * Clause No. should reference a specific clause i.e.VOL B1, section 4.5.3

1MLED CAMPAIGN



C15 Returnable Form

Check list for corporate and administrative information.

The check list for corporate and administrative information comprises

part of these Tender Documents.

The column “Document / Information” shall not be changed by

Tenderer.

The column “Tenderer’s confirmation” shall be filled in by Tenderer.

The completed check list shall be submitted by the Tenderer with the

Tender Submission.

1MLED CAMPAIGN



No. Document / Information Tenderer’s

confirmation

Corporate and Administrative Information

1 Organisational chart showing the overall organisation and the

relationship with any company which will participate in the Works

2 Special Power of Attorney** (see Volume C Returnable Form C4)

3 Covenant of Integrity** (see Volume C Returnable Form C5)

4 Consortium agreement or joint venture agreement (if applicable)

5 Management accounts or audited financial statements for the last

three years**; or if a publicly listed company, the relevant

exchange(s) in which the company is listed and shall provide a

copy of each annual statement and other material filings which

have been submitted to the relevant exchange in the past thirty-six

(36) months**

6 Letters of good standing from Receiver of Revenue in the Republic

of Namibia (for Tenderers which are incorporated/ registered as

foreign business entities in the Republic of Namibia) and the

Tenderer's country of origin** (see Volume C Returnable Form

C6)

7 Letter of good standing from the Social Security Commission (for

Tenderers incorporated in or which are registered foreign business

entities in the Republic of Namibia)** (see Volume C Returnable

Form C7)

8 Letter of compliance from the Employment Equity Commission (for

Tenderers incorporated in or which are registered foreign business

entities in the Republic of Namibia)** (see Volume C Returnable

1MLED CAMPAIGN




confirmation

Form C8)

9 Distribution plan for local LED distributor(s) (See Volume B1)

10 Agreement between the Tenderer and the LED bulb manufacturer

(if applicable)

11 Other documents as requested in General and Specific Company

Information (see Volume C Returnable Form C1)

Note:

**In the case of a consortium or joint venture, each member of such consortium or joint

venture shall provide such information.

1mLED CAMPAIGN


C16

The Programme

The Programme shall be submitted with the Tender Submission.

Returnable form

The Programme comprises part of this specification. The requirements specified in the respective form are to be adhered to.

The Programme shall be populated by the Tenderer with the relevant information as requested.


1mLED CAMPAIGN


The Programme

Item No ItemsDate/

duration*1 Contract award2 Order of LED bulbs for Pilot Phase

3Notification to NamPower of commencement of manufacture of LED bulbs for Pilot Phase

4Commencement of manufacture of bulbs for Pilot Phase

5Notification to NamPower of commencement of type testing of LED bulbs for Pilot Phase

6 Completion of manufacture of LED bulbs for Pilot Phase7 Commencement of type testing of LED bulbs8 Completion of type testing of LED bulbs9 Shipment of the LED bulbs10 Arrival of LED bulbs at Delivery Place11 Installation of LED bulbs for Pilot Phase Not applicable

12NamPower Approval of Maxi Phase

Approximately 1 month

13 Order of LED bulbs (consignment #1) for Maxi Phase

14 Notification to NamPower of commencement of manufacture of LED bulbs (consignment #1) for Maxi Phase

15Commencement of manufacture of LED bulbs (consignment #1) for Maxi Phase

16 Notification to NamPower of commencement of type testing of LED bulbs (consignment #1) for Maxi Phase (if required)

17Completion of manufacture of LED bulbs (consignment #1) for Maxi Phase

18Commencement of type testing of LED bulbs (consignment #1) (if required)

19 Completion of type testing of LED bulbs

20Shipment of the LED bulbs (consignment #1) for Maxi Phase

21Arrival of LED bulbs (consignment #1) at Delivery Place for Maxi Phase

22 Installation of LED bulbs (consignment #1) for Maxi Phase Not applicable

*For the Tender Submission, the dates provided can be referenced to the starting date as a duration.


1MLED CAMPAIGN



C17 Returnable Form

Supplier Data

The form of Supplier Data comprises part of these Tender Documents.



Tender Submission.

1MLED CAMPAIGN



Part Two – Data provided by the Supplier

Completion of the data in full, according to the Options chosen, is essential

to create a complete contract.

Statements give in

all contracts

The Supplier is

Name

Address

The following matters will be included in the Risk Register

The percentage for overheads and profit added to the Defined Cost is

%

The price schedule is in

The tendered total of the Prices is (in words)

Optional statements If the Supplier is to provide Goods Information for his design

The Goods Information for the Supplier’s design is in

1MLED CAMPAIGN



If the Supplier restricts access by the Supply Manager and Others to work

being done for this contract

The restrictions to access for the Supply Manager and Others to work

being done for this contract are

If a programme is to be identified in the Contract Data

The programme identified in the Contract Data

If the Supplier is to state the delivery date of the goods and services

The Goods Information for the Supplier’s design is in

goods and services delivery date

If Option Y(UK)1 is used

The project bank is

named suppliers are

1mLED CAMPAIGN


D1

Price Schedules

The completed Price Schedule shall be submitted with the Tender Submission.

Returnable form

The price schedule comprises part of this specification. The requirementsspecified in the respective form are to be adhered to.

The tables shall be populated by the Tenderer with the relevant information asrequested.

Please indicate the maximum and minimum consignment and order sizes inorder to achieve the lead times and bulk discount respectively.

NAMPOWER FORM D1, PAGE 1 of 5

1mLED CAMPAIGN


Price Schedule - Pilot Phase for E27 or B22 Lamp base

Rate (local)

Quantity Price

NAD / bulb ZAR / bulbUSD / bulb

EUR / bulb

Units NAD ZAR USD EUR

40 W Incandescent replacement, 2700 K1 Manufacturing costs (i.e. ex factory)2a Shipment costs - air freight2b Shipment costs - normal freight3 Import duties4 Other




Price (foreign)Items

Full DDP price ex, NamPower Site



Rate (foreign)


Item No

NAMPOWER PILOT PHASE: FORM D1, PAGE 2 of 5

1mLED CAMPAIGN






Provisional costs

1Type testing of LED bulbs (Pricing is per type of bulb provided under this Tender - see Vol B1).

2 Container usage costs per month (or pro-rata)

3 Insurance costs per container of LED bulbs supplied





NAMPOWER PILOT PHASE: FORM D1, PAGE 3 of 5

1MLED CAMPAIGN TENDER DOCUMENT FOR LED BULBS

Price Schedule - Maxi Phase for E27 or B22 Lamp base

Rate (local)

Quantity Price

NAD / bulb ZAR / bulbUSD / bulb

EUR / bulb

Units NAD ZAR USD EUR





75 W Incandescent replacement, 2700 K1 Manufacturing costs (i.e. ex factory)2a Shipment costs - air freight2b Shipment costs - normal freight3 Import duties




Item No ItemsRate (foreign) Price (foreign)


NAMPOWER MAXI PHASE: FORM D1, PAGE 4 of 5

1MLED CAMPAIGN TENDER DOCUMENT FOR LED BULBS

4 Other




Provisional costs

1Type testing of LED bulbs (Pricing is per type of bulb provided under this Tender - see Vol B1).

2 Container usage costs per month (or pro-rata)

3 Insurance costs per container of LED bulbs supplied





NAMPOWER MAXI PHASE: FORM D1, PAGE 5 of 5

1MLED CAMPAIGN


NAMPOWER FORM D2, PAGE 1 OF 8

D2 Returnable Form

NamPower Equitable Economic Empowerment Policy Information

The NamPower Equitable Economic Empowerment Information comprises part of these Tender Documents.


The completed form shall be submitted with the financial proposal.

1MLED CAMPAIGN



1. Capital Structure

1.1. Total share capital

(a) Please indicate the share capital and number of shares for companies or

members interest for cc’s:

N$ ___________________________

(b) Please provide the following breakdown of the total share capital

Capital Structure No of shares % of Total

Capital owned by Previously

Disadvantaged Namibian (s)

Capital owned by Namibian Women or

Persons with Disability

Capital owned by Namibians/Namibian

Registered Company

Capital owned by

Foreigners/Foreign Company

Total

1.2. Names of Shareholders/members

(a) Please provide the following details of the shareholders:

1MLED CAMPAIGN



Name

of

Share-

holder

Gender

(M/F)

Namibian

(Y/ N)

PDN

(Y/ N)

Disability

(Y/N)

Full time

employed (Y/N)

by the company

or cc

%

shares

The above information must be supported by the following documentation:

Trusts Copy of the Trust Deed

Private company (i.e. Pty

Ltd)

Copy of the memorandum and articles of association

Copies of share certificates or CM29 forms

Public Company (i.e. Ltd) Copy of share certificates from NSX

CC Copy of the founding statement or amended founding

statements (CC1/2)

In addition, the following documentation is required:

A copy of the identity documents of all shareholders / owners /

beneficiary’s /trustees is required.

A medical report on disability as issued by Ministry of Health and Social

Services is required per disabled person.

1MLED CAMPAIGN



2. Management Control and Employment Equity

2.1. Organizational Structure

(a) Please provide the following details for the organisational structure:

Category Total No of

Namibians

No of

PDN

Number of

Foreigners

/ Permanent

residence

Top management (excluding

shareholders/ members and /

or board of directors)

a) Number of Female(s)

b) Number of Male (s)

c) Number of disabled

Female (s)*

d) Number of disabled

Male(s)*

All employees excluding

Managers

e) Number of Female(s)

f) Number of Male (s)

g) Number of disabled

Female (s)*

h) Number of disabled

Male(s)*

Total number of employees

including Managers but

excluding

Shareholders/members

1MLED CAMPAIGN




Organisational structure of the trust/company/cc indicating the managerial

positions within the company. Each managerial position shall clearly

indicate the title of position, the name of the incumbent and the contact

details of the incumbent.

Identification documentation of all individuals indicated as managers in

the organisation.

A medical report on the disability as issued by Ministry of Health and

Social Services is required per disabled person.

NamPower reserves the right to contact any individual within the

organisational structure to verify authenticity of the information provided.

2.2. Board of Directors

(a) Please provide the following details for the Board of Directors:

Name of

Director

Gender

(M/F)

Namibian

(Y/ N)

PDN

(Y/ N)

Disability

(Y/N)

Role

(Executive

or non-

executive)

The above information must be supported by the following documents:

Trusts Copy of the Trust Deed

Private company (i.e. Pty

Ltd)



1MLED CAMPAIGN



Public Company (i.e. Ltd) Copy of share certificates from NSX

CC Copy of the founding statement or amended founding

statements (CC1/2)


A copy of the identity documents of all shareholders / owners /

beneficiary’s /trustees is required.

A medical report on the disability as issued by Ministry of Health and

Social Services is required per disabled person.

3. Human Resources and Skills Development

Provide proof of registration with NTA and proof of payment of the VET levy as

required by the Vocational Education and Training Act, Act 1 of 2008.

NB: Entities exempted from this lrequirement should provide proof of exemption

from the relevant authority.

4. Entrepreneurship Development

a) Will Previously Disadvantaged Namibian sub-contractor(s) /sub-vendor(s) be

involved in the execution of the contract/tender?

Yes No

If yes, indicate the value and percentage of the total tender amount being

performed through subcontracting. Please furnish full particulars of

subcontractor/sub-vendor concerned, including physical address and contact

details.

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

1MLED CAMPAIGN



This is to certify that I, _______________________________________________

__________________________________________________________________

Owner / representative of ___________________________________________, is

a Previously Disadvantaged Namibian sub-contractor/sub-vendor involved in the

execution of tender/contract description _____________________

no._____________. I am fully aware of the contents and the performance

requirements for completing the works.

During the execution of the Contract, the Supplier shall record all PDN spend in the

execution of this Contract and provide documentary proof of the spend to

NamPower.

b) Please state the percentage of the contract/tender procurement spending that has

been previously allocated to businesses owned by Previously Disadvantaged

Namibians?

__________________________________________________________________

Give details and furnish documentary proof:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. Community Investment

a) Is the Tenderer located in, or operating in, a communal area/underdeveloped area?

Yes No

If yes, give details and furnish documentary proof:

1MLED CAMPAIGN




Copy of the founding statement or amended founding statements (CC1/2)

Physical address of enterprise or fitness certificate


Affidavit from Namibian Police

b) Please provide the amount in NAD which has been donated to community

investment over the past three years?

________________________________________________________

Give details and furnish documentary proof (from an independent accounting officer

or qualified auditor):

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

6. Pledge to Community Investment

According to the NEEEP Policy, first time Tenderers are required to pledge a

percentage of the Full Contract Price as a community investment. Please indicate

this pledge amount:

______________________________________________________________NAD]

Note: NamPower will retain an amount equivalent to the full pledge amount as

security until the pledge is fulfilled. The Tenderer is requested to refer to the

Volume A2 for contractual requirements regarding these retention monies.

1MLED CAMPAIGN



D3 Returnable Form

Check list for NEEEP information.

The check list for NEEEP information comprises part of these Tender

Documents.

The column “Document / Information” shall not be changed by

Tenderer.

The column “Tenderer’s confirmation” shall be filled in by Tenderer.

The completed check list shall be submitted by the Tenderer with the

Tender Submission.

1MLED CAMPAIGN




confirmation

NEEEP Information

1 Shareholding

1a If Tenderer is a Trust then copy of the Trust Deed**

1b If Tenderer is a Private company (i.e. Pty Ltd) then**



1c If Tenderer is Public Company (i.e. Ltd) then a copy of share

certificates from NSX**

1d If Tender is a ‘cc then a copy of the founding statement or

amended founding statements (CC1/2)**

1e Identity documents of all shareholders / owners / beneficiary’s

/trustees**

1f If applicable, a medical report on disability as issued by Ministry of

Health and Social Services is required per disabled person**

2 Organizational Structure

2a Organisational structure of the trust/company/cc indicating the

managerial positions within the company. Each managerial

position shall clearly indicate the title of position, the name of the

incumbent and the contact details of the incumbent**

2b Identity documents of all shareholders / owners / beneficiary’s

/trustees**

2c If applicable, a medical report on disability as issued by Ministry of

Health and Social Services is required per disabled person**

1MLED CAMPAIGN




confirmation

3 Board of Directors

3a If Tenderer is a Private company (i.e. Pty Ltd) then**



3b If Tenderer is Public Company (i.e. Ltd) then a copy of share

certificates from NSX**

3c If Tender is a ‘cc then a copy of the founding statement or

amended founding statements (CC1/2)**

3d Identity documents of all shareholders / owners / beneficiary’s

/trustees**

3e If applicable, a medical report on disability as issued by Ministry of

Health and Social Services is required per disabled person**.

4 Human Resources and Skills Development

4a Proof of registration with NTA and proof of payment of the VET

levy as required by the Vocational Education and Training Act, Act

1 of 2008**

5 Entrepreneurship Development

5a If applicable, full particulars of Previously Disadvantaged Namibian

sub-contractor(s) /sub-vendor(s), including physical address and

contact details that are involved in the execution of the

contract/tender**

5a If applicable, the documentary proof of the percentage of the

contract/tender procurement spending that has been previously

allocated to businesses owned by Previously Disadvantaged

Namibians**

1MLED CAMPAIGN




confirmation

6 Community Investment

6a If the Tenderer is located in communal area/underdeveloped area,

then provide the following details and documentary proof**

• Copy of the founding statement or amended founding

statements (CC1/2)

• Physical address of enterprise or fitness certificate

• Copy of the memorandum and articles of association

• Affidavit from Namibian Police

6b If applicable, then provide documentary proof (from a Qualified

Auditor) of the amount in NAD which has been donated to

community investment over the past three years**

Note:

**In the case of a consortium or joint venture, each member of such consortium or joint

venture shall provide such information.