REQUEST FOR PROPOSAL (RFP)

TENDER TITLE: Summative Evaluation of the East Africa Customs

and Freight Forwarding Practicing Certificate

Training Programme (EACFFPC)

TENDER NUMBER: PRQ20140573

ISSUE DATE: 03November 2014

DUE DATE: 24 November 2014 (5.00 P.M. KENYA TIME)

REQUEST FOR PROPOSAL

Formative Evaluation of the Standards Harmonization and

Conformity Testing Programme

INVITATION TO TENDER INSTRUCTIONS CONTENTS

Introduction

1. General

2. Acceptance of Tenders

Instructions for Submitting a Tender

3. Format of Your Tender

4. Part A Preliminary requirements

5. Part B Executive Summary

6. Part C General & Technical Aspects

7. Part D Commercial Tender

8. Confirmation of availability

9. Government Tax

10. Evaluation Criteria & Process

11. Technical Evaluation

12. Financial Evaluation

13. Packaging and Delivery of Tenders

Other Information

14. Terms of Reference

15. Conflict of Interest

16. Disclosures

17. Joint Venture Tenders

18. TMEA’s Treatment of Your Tender

19. Sustainable Development

Annexes

20. Annex 1: Pro-Formas

21. Annex 2: Contract

22. Annex 3: Technical Bid Submission Form

23. Annex 4: Fair Price Declaration

24. Annex 5: TMEA Code of Ethics

25. Annex 6: Financial Bid Submission Form

Introduction

1. This Request for Proposal (RFP) and in particular the Instructions for Compiling and Submitting

Your Tender are designed to help you produce a tender that is acceptable to TMEA as well

asensuring that tenders are given equal consideration. TMEA will select the most economically

advantageous tender. It is essential, therefore, that you provide the information requested in the

specific format and no other.

2. TMEA is not bound to accept the lowest, or any, tender. We also reserve the right to request any,

or all, to clarify the bids submitted.

Instructions for Compiling and Submitting your Tender

3. Format of Your Tender

Your tender should be submitted in English and be set out in four (4) main parts

Part A –Preliminary requirement

Part B - Executive Summary

Part C - General and Technical

Part D – Financial

4. Part A Preliminary requirements

Bidders are required to submit certified scanned copies of statutory requirements which MUST

include:

Copy of Certificate of Registration/Incorporation;

Tax Compliance Certificate from your Revenue Authority;

Copy of passport/Identification Card (if individual vendor); and

Copy of VAT/ TIN/PIN/Social Security Certificate.

Failure to submit the above requirements may lead to disqualification.

Parts A, B & C may be contained in one document including signed Technical Bid Submission Form

(Annex 3), signed Fair Price Declaration (Annex 4) and signed TMEA code of Ethics (Annex 5); however,

Part D alongside Financial Bid Submission Form (Annex 6) must be separate to enable Technical and

Financial bids to be evaluated independently. Please do not include any financial/ price information in

Part A, B or C. Inclusion of any price information may lead to bid rejection.

5. Part B – Executive Summary

This should be a brief overview of your tender covering how you intend to achieve the outputs and

your assessment of the resources required.

6. Part C – General and Technical Tender

Your Technical submission should contain the following;

a) Any Qualification to Terms of Reference including scanned copies of relevant certificates.

b) Technical Response (including method of implementation and your proposed quality

assurance mechanisms).

c) Your CV with information relevant to this project to support (a) above.

d) Personnel Inputs – include person days without any reference to fees.

e) Previous relevant Experience.

7. Part D – Financial Tender

All prices must be for the duration of the contract. Your Financial bid should contain the following

information:

Signed and stamped Financial Bid Submission Form (Annex 6);

Confirmation of acceptance of TMEA’s Conditions of Contract without amendments (available

on TMEA website under work with us link button & specifically Supplier resources and

information);

Pricing details using the enclosed pro-formas. Besides completing proforma 1, bidders must

complete proformas 2, 3 and 4 on a fees and expenses basis to demonstrate the cost

breakdown of the milestone payments. Innovation is encouraged in the development and

pricing of technical and commercial proposals; and

A list of the names and designation of all nominated personnel proposed to work on this

project.

NOTE: TMEA shall determine, on a case by case basis, whether the contract will be based on

fees/ reimbursable or on milestone.

8. Confirmation of availability

You must confirmthat you will be available to provide the required services for the duration of the

contract.

9. Government Tax

Bidders are responsible for establishing the status of the Services for the purpose of any government

tax in any East African country. All fee rates proposed by the tenderer should be inclusive of all taxes

applicable. The contract shall be domiciled in Kenya and Government of Kenya tax laws shall apply.

10. Evaluation Criteria and Process

In assessing the proposals submitted, the evaluation committee will use the Quality and Cost Based

Selection (QCBS) selection as per 11 below.

11. Technical evaluation

A. Technical submission evaluation

The Technical evaluation will be based on a point - system marked out of a maximum of 70points.

Only proposals that score at least 50points in this Technical evaluation will be deemed to be

“substantially responsive”. Marks will be awarded according to the following matrix:

NO DESCRIPTION Max score

(70)

A. Qualification and competence of Consultants

1 Experience/ Expertise in relevant field 10

2 Qualification of consultants 5

3 Similar work carried out and supervised in EAC 10

4 Evidence of meeting specific requirements in the TORS 10

B. Technical approach (35)

1 Understanding of assignment objectives 10

2 Adequacy of proposed methodology/work plan 10

3 Logic, sequencing, interrelation of activities 5

4 Evidence of capacity to undertake work in terms with TOR and quality

assurance

10

TOTAL SCORE 70

If deemed necessary, the top three bidders from the Technical evaluations shall be invited to make

presentations to the evaluation committee.

12. Financial Evaluation

All substantially responsive proposals that score 50points or more from the Technical submission

evaluation shallhave their Financial proposals evaluated.

The formula for determining the Financial score (SF) shall be as follows:

Sf = 30 x fm/f where:

Sf is the financial score

Fm is the lowest fees quoted and

F is the fees of the proposal under consideration.

The lowest fees quoted will be allocated the maximum score of 30%.

The bidder’s proposals will be ranked according to their combined Technical score (st) and financial

score (sf) and weighted accordingly. The formula for the combined scores shall be as follows;

S = ST x T% + SF x P%

Where:

S, is the total combined scores of Technical and financial scores

St is the Technical score

Sf is the Financial score

T is the weight given to the Technical proposal (in this case 70%) and

P is the weight given to the Financial proposal (in this case 30%)

Note P + T will be equal to 100%.

13. Packaging and Delivery of Tenders

All tender documents must be submittedonline on the TMEA procurement portal

http://procurement.trademarkea.comon or before 24 November 2014 (by 5.00 p.m. Kenya time). The

Technical and Financial proposal will be submitted as two separate secure documents in PDF format.

Please note that the maximum size of the attachments is 10MB.

Late tenders will not be accepted in any circumstance.No special pleadings will be accepted. Faxed,

email or hard copy tenders/submissionsshall be rejected.

14. Terms of Reference

TERMS OF REFERENCE FOR EVALUATION

SUMMATIVE EVALUATION OF THE EAST AFRICA CUSTOMS AND FREIGHT FORWARDING PRACTICING

CERTIFICATE TRAINING PROGRAMME (EACFFPC)

1. BACKGROUND Trademark East Africa

TradeMark East Africa (TMEA) aims to improve trade competitiveness in East Africa by reducing

transport time/costs and improving the trade environment. It targets an increase in trade of 10%

(above trend) by 2016, contributing to sustained economic growth and poverty reduction. TMEA was

officially launched in February 2011 as a specialist not-for-profit organisation to implement a

programme to promote trade growth in East Africa. TMEA is currently funded by the UK, Belgium,

Canada, Denmark, Finland, Netherlands, Sweden, and USA. TMEA’s secured budget to date totals

about $540m. The programme is currently scheduled until June 2016 with the possibility of a new

programming phase beyond that.

Summary of the project The EA Customs and Freight Forwarders Practicing Certificate Training programme (EACFFPC) is

implemented by the Federation of East African Freight Forwarders. The association closely works with

the Uganda Revenue Authority, Rwanda Revenue Authority, Kenya Revenue Authority, Tanzania

Revenue Authority, and Burundi Revenue Office. FEAFFA is registered and domiciled in the United

Republic of Tanzania in 2006 but its Secretariat is located in Nairobi, Kenya. Current member

associations are Association Burundaise des Agences en Douane et Transitaires (ABADT), Kenya

International Freight & Warehousing Association (KIFWA), Association des Agences en Douane du

Rwanda (ADR), Tanzania Freight Forwarders Association (TAFFA) and Uganda Freight Forwarders

Association (UFFA). It represents over 2500 clearing and forwarding firms in East Africa.

FEAFFA aims at reducing freight logistics costs in the East African region through improved knowledge

and skills of freight forwarders and clearing agents. This is through implementation of a regional

training programme for freight forwarders and clearing agents with the aim to improve their

knowledge and skills and contribute to increasing the general levels of professionalism across East

Africa. It is expected that this will then lead to reduce transport and related costs along the key

corridors in East Africa.

The training programme started in 2007 with support from USAID. Since 2011, with assistance from

TradeMark East Africa (TMEA), the EACFFPC curriculum has been reviewed, and training capacity

expanded in order to achieve a critical mass of 4,500-trained Customs Agents. Once the critical mass

has been achieved, possession of the certificate issued by this programme will become a precondition

for acquiring a customs agent operating licence within the EAC.

The programme is implemented in Burundi, Kenya, Rwanda, Uganda, and Tanzania. Further

information is contained in the project sheet annexed to this TOR.

2. PURPOSE

TMEA aims to conduct a summative evaluation for the EACFFPC Training programme. The primary

purpose of the evaluation is to review and measure the level of success of the project against planned

outcomes as well as establish initial project impact, project efficiency, identify and feed lessons

learned into the management of current and future projects. The feedback will be used to improve on-

going projects and give strategic direction to future TMEA/ trade facilitation programmes. The

evaluation is also expected to identify good practices or models that can be documented and

showcased for learning, scale up and replication.

Specifically, at the programme level, the evaluation will determine the extent to which the project has

led to:

• A reduction in the number of errors committed by customs agents when lodging customs

entries and the resulting reduction in time to clear consignments through customs;

• Further reduction in the time it takes customs agents to clear consignments through customs

due to other improvements in cargo clearing practices;

• Reduction of incidences of corruption or other non-compliance to the law;

• The evaluation is also expected to determine the extent to which FEAFFA exhibited

organisational and technical capacity for delivery, demonstrated financial integrity and

soundness, managed risks associated with the project and demonstrated ownership of the

project implementation and results; and

• The cost benefits arising from TMEA contribution to the intervention.

3. RECIPIENT The primary audience for the evaluation is TradeMark East Africa, the Joint Evaluation Group (JEG1),

FEAFFA and its member associations, their key stakeholders as well as development partners. The

findings are also expected to be used by TMEA and the Programme Investment Committee (PIC) to

inform the on-going implementation of TMEA’s strategy and in particular, those sub-strategies that

concern reducing trade costs.

4. EVALUATION SCOPE AND OBJECTIVES The EACFFPC training programme is implemented in Kenya, Uganda, Tanzania, Burundi, and Rwanda.

The Consultant is expected to cover the geographical areas where the programme is implemented.

The consultant will contact as many stakeholders as possible to ascertain the extent to which the

training objectives were achieved including critical mass numbers, and other critical successes factors,

challenges encountered and lessons learnt from the programme. The evaluation scope will be guided

by the evaluation questions as detailed below.

The summative evaluation will address the following five categories of questions:

Effectiveness:

Effectiveness refers to the extent to which a development intervention has achieved its objectives,

taking their relative importance into account.

1The JEG is an advisory sub-committee of the PIC, TMEA’s oversight body. Joint Evaluation Group (JEG) is in place to steer and advise the monitoring and evaluation of the TMEA programme at key strategic points. It provides strategic direction on the independent evaluation, and has a strong coordination and facilitation role across the evaluative exercises and to ensure lessons learnt are taken forward.

The following key questions will be answered;

To what extent were the objectives achieved?

To what extent can identified changes be attributed to the intervention? What would have

occurred without the intervention?

If gender mainstreaming targets were set at project inception, examine the extent to which

targets were achieved, successes and challenges2.

Impact:

The evaluation will answer the following key questions:

What was the impact of the project (intended and unintended, positive and negative)?

What was the intervention’s measurable impact to reduction in costs and time to transport

goods along the EAC corridors?

Relevance

Relevance is the extent to which a development intervention conforms to the needs and priorities of

the target groups, the policies of recipient countries and donors and TMEA’s strategy.

The evaluation will answer the following questions:

Is the intervention well in tune with the trade/development policies and administrative

systems of the partner country government and EAC policies and systems?

Is the intervention consistent with TMEA’s policies and priorities? Is the intervention

consistent and complementary with activities supported by other programmes in TMEA

and/or by other donor organisations?

Sustainability

Sustainability is the continuation or longevity of benefits from a development intervention after the

cessation of development assistance.

The evaluation will answer the following questions:

What benefits (both social and financial) of the programme are likely to be sustainable and

would continue with or without TMEA?

What are the lessons learned that are relevant beyond TMEA?

Efficiency

Efficiency is the extent to which the costs of a development intervention can be justified by its

results, taking alternatives into account.

The evaluation will answer the following key question:

2Efforts to mainstream gender across TMEA have been relatively recent. For this reasons most of the projects did not have a policy to measure and monitor the different impact on men and women at project inception. The main purpose of including gender in the evaluation is to map out the existing gender practice, draw on the lessons learnt and assess the challenges faced to inform the TMEA gender policy and incorporate gender issues into the TMEA phase II programme.

To what extent and how has the intervention been effective and achieved good Value for

Money (VfM)?

Subsidiary indicative set of sub-questions linked to the key questions is provided in Annex 3

5. METHODOLOGY The consultant will use scientific and technical methods of collection and organising data. The

consultant also use mixed methods to appropriately assess the processes and impacts of

interventions. Methods should be tailored to the problem at hand and the resources available. The

consultant should aim to collect only information that will be of use and that will achieve high

response rates. The consultant must employ multiple mechanisms to ensure data quality and

appropriate levels of validation. The consultant should consider opportunities to adjust data collection

to optimise it across other TMEA evaluation work. Bidders are required to justify the evaluation

approach they intend to use.

TMEA Trade and Logistics team, FEAFFA and EACFFPC training coordinators and TMEA results team

will work with consultants to identify the data, key informants and stakeholders to interview and/or

survey, the questionnaire and/or survey instrument questions, as appropriate, and to ensure the

evaluation team has adequate access to relevant documentation. Data will be collected from the

following key sources: Methods used may include analysis of desk Survey (secondary data), informal

and formal stakeholder interviews, focus groups, and data triangulation.

Throughout the evaluation, lessons learned should be identified that may be relevant beyond TMEA in

order to inform future Phase 2 programming as well as contribute evidence towards comparative

effectiveness of regional programming.

Desk Survey: The desk review will entail a detailed review of relevant project documents that will be

availed by FEAFFA and TMEA. These will include the Project Appraisal Reports (PAR), project work

plans, monitoring plans (including results chains), risk plans, quarterly and annual progress reports as

well as FEAFFA and TMEA Theory of Change/Strategy among others. To assess impact of the project,

the evaluators will also undertake an online review of relevant information relating to the project.

Interviews and focus group discussions:The evaluators will have the options of conducting structured

and semi structured interviews as well as focus group discussions and Key informant interviews for

information gathering. Due attention will be paid to language to ensure effective communication. The

consultant is expected to document selected case studies show casing positive impact.

Project site visits: The project sites will be visited and the target beneficiaries will be interviewed to

ascertain their perspective and experiences. When possible, photos, video clips and audio recordings

of the interviews will be collected. The consultant is expected to document selected case studies show

casing positive impact where applicable.

Periodic management meetings will be held with the TMEA Trade and Logistics team, FEAFFA and

EACFFPC training coordinators and the Results Director. Information from different sources, e.g.

existing documentation and interviews, focus group discussions will be triangulated.

6. EXPECTED DELIVERABLES The evaluation team is expected to provide the following deliverables:

A detailed inception report with a work plan and draft data collection tools two weeks after

signing the contract. The detailed inception report should comprehensively demonstrate the

technical approach (including sampling methodology, key questions, data collection and

analysis methods and tools; work plan (including regional travel schedule) that will be

effectively and efficiently address the evaluation question within the consultancy timeframe;

A 1st draft evaluation report submitted to TMEA Trade logistics and results team as well as

FEAFFA executive director for review and input;

A 2nd draft evaluation report that will be presented to the Joint Evaluation Group committee,

TMEA Senior Management and Leadership Teams, Project and senior management team for

review and validation;

A final draft evaluation report will be presented to the National Oversight Committee and the

TMEA Programme Investment Committee (PIC) for adoption. The final report will be a written

report (Ms Word) with an executive summary and a Power point presentation on key findings,

conclusions, and recommendations; and

During the interviews and trips, the Evaluators will record and take photos at project sites and

during some of the interviews of the stakeholders, which will be submitted along with the

reports at the end of the evaluation.

The evaluation report shall be written in English, be of no more than 20 pages (excluding annexes),

use numbered paragraphs and should be structured into 3 sections; the first part will be devoted to

the evaluation of the relevance, effectiveness and efficiency of the project; the second part will

provide an analysis of sustainability and the scaling up of the project approach; and the third part will

focus on recommendations for future directions.. Annexes will provide detailed information collected

during field visits (focus discussion reports, summaries of interview sheets, summaries of responses

to questionnaires).

7. COMMENCEMENT DATE AND PERIOD OF EXECUTION The formative evaluation will be executed over a period of (6 weeks) starting from 1st December 2014.

A detailed work plan with clear and measureable deliverables and timelines should be included in the

technical proposal for this consultancy and the awarded consultant(s) will develop and finalise the

proposed work plan and budget (as part of the inception report) within 2 weeks of starting the

assignment.

Schedule of deliverables

Date Deliverables

January 2015 Contract signed

7 working days from contract signing Inception report

35 working days after receipt of

inception report feedback from TMEA

First draft project evaluation report

7 working days after receipt of TMEA

comments on first draft of evaluation

Second draft project evaluation report

Date Deliverables

report

7 working days after receipt of TMEA

comments on second draft of

evaluation report

Final draft project evaluation report

8. BUDGET FOR EVALUATION

The total budget for this evaluation is not expected to exceed USD 75,000.

9. EVALUATION TEAM COMPOSITION AND REQUIRED COMPETENCIES To ensure the independence of the evaluation and the credibility of the findings, the evaluation will be

conducted by a team of external consultants identified through a transparent selection process. The

team will include members with an appropriate balance of expertise in evaluation methodologies,

relevant technical expertise and practical experience. The Evaluation team leader is expected to be an

evaluation professional with substantial successful experience leading and managing evaluation

assignments, particularly relating to trade facilitation in developing countries and have in-depth

knowledge of the latest evaluation methodologies. The team leader should have at least 10 years’

experience.

The Evaluator (s) should combine the following expertise and experience:

Experience of designing and undertaking evaluations of multi-component development

programmes, using mixed methods approaches that meet recognised standards for credibility

and rigor;

Education qualification of at least a Master’s Degree(Team Leader) and Bachelor’s

Degree(Team members) in Development Studies, Economics or relevant Social Sciences;

Demonstrated experience of using evaluations as a tool for lesson-learning both during

programme implementation and beyond;

Strong stakeholders management skills and ability to work flexibly with donors, partner

countries, private sector entities; demonstrated ability to manage and sensitive relationships

tactfully and productively;

Strong understanding of the strengths and limitations of different designs and how to

interpret and present findings accurately to both researchers and non-researchers;

Strong understanding and demonstrated experience of various quantitative and qualitative

evaluation methodologies for demonstrating impact;

In-depth knowledge of trade issues, particularly in East Africa, and experience of working on

evaluations of trade policies and programmes;

Understanding of social inclusion and gender issues in programming in East Africa;

Strong communication skills:Being strategic as well as able to communicate complex studies

and findings in an accessible way for non-technical people.

10. IMPLEMENTATION ARRANGEMENTS

The Evaluator will be responsible for all logistic arrangements required to conduct the evaluation

work. TMEA will facilitate convening of meetings and site visits where necessary. All relevant expenses

should be covered by the evaluation contract budget.

The evaluation consultant will report to TMEA Results Director, who will manage day to day

contractual and organisational issues with the evaluation team, monitor implementation progress, and

provide progress updates to the Joint Evaluation Group (JEG). The evaluation consultant will work

closely with the TMEA Trade Facilitation Team, Strategic Objective Team Leader, and relevant staff in

FEAFFA.

Governance and quality assurance maybe strengthened further by peer reviewers. The role of the peer

reviewers will be to review the scientific and technical quality of the evaluation; to ensure that the

design and implementation of the evaluation is robust and credible, and will stand up to external

scrutiny. The final evaluation report will be presented to the JEG and subsequently to the PIC for

review, quality assurance, acceptance, and signing off.

Annexes:

1. Project Sheets;

2. List of Documents to be reviewed; and

3. Indicative sub-questions for key question in section 4.

Annex 1: Project Sheets

Project name EACFFPC training programme

Desired results Reduction in freight logistics costs in the East African region through

improved knowledge and skills of freight forwarders and clearing

agents. This will help reduce transport and related costs along the key

corridors in East Africa.3

Implementer Federation of East African Freight Forwarders, Uganda Revenue

Authority, Rwanda Revenue Authority , Kenya Revenue Authority,

Tanzania Revenue Authority, Burundi Revenue Office

Target Group Cargo clearing and forwarding agents

Value (USD)

Implementation

period

2011 - 2015

Geographical

Focus

Burundi, Kenya, Rwanda, Uganda, Tanzania

Why? The COMESA/SADC/EAC Tripartite Forum has recognised reducing high

freight costs as a necessary condition for achieving regional integration

(RI), fast and broad based economic growth and poverty reduction.

High transport and logistics costs in East Africa are caused by poor

infrastructure, cumbersome transit procedures and inefficient

transport and logistics. The freight logistics industry in East Africa has

been largely characterised by poor business practices. This is generally

due to lack of specialised skills and limited use of modern technologies.

Hence attempts by the public and private sectors to raise the

professional standard of clearing and forwarding agents, who are

recognised as a key player in trade logistics.

What? Upgrading of regional training programme for freight forwarders and

clearing agents with the aim to improve their knowledge and skills and

contribute to increasing the general levels of professionalism across

East Africa. Key outputs: • Review and update of the curriculum and

training materials • High-level policy forum approve revised policy

framework governing programme implementation • Training of

trainers • Eight new training centres established and one centre’s

capacity doubled • Monitoring and evaluation of training programme •

Training coordinators implement communications strategy • Training

3Important to note that the project was designed and aligned to TMEA old theory of change (2011). TMEA has a new ToC that was

approved in 2014.

for COC • Achieve critical mass of 4500 by June 2014.

How? TMEA is providing the required technical and financial assistance to

Federation of East African Freight Forwarders Associations to support

the training.

Annex 2: List of documents

DOCUMENT DETAILS

PAR 20 – Transport

Logistics

PAR 20 -Transport_Logistics.post.pic.May6.docx

Summary analysis of what was proposed to improve Transport,

Infrastructure and Logistics. The Project Appraisal Report (PAR) is the

formal approved document used to guide project implementation

and control. The PAR highlights:

• Background and Project description details • Expected outputs and outcomes • Work plan • Key linkages to other TMEA Rwanda projects • Funding approach and budget • Gender and other cross cutting issues • Value for money and risk analysis

Project Sheet

Project overview-Results Chains-Monitoring Plan.xlsm

M&E framework- Brief project sheet, results chain and monitoring

plan which details the results level, indicators, baselines planned

targets & milestones as well as key assumptions .

Project work plan

FEAFFA

EACFFPC detailed work plan Jan -Sep 2014.xlsx

Formal document that defines the project activities and outputs and

describes how and when the activities will be performed (the

estimated time and resources). The work plan provides a framework

for management review and control.

Project Results Chain

and monitoring plan

Project overview-Results Chains-Monitoring Plan.xlsm

A Results Chain and Monitoring plan for FEAFFA that details key

M&E requirements for each indicator and assumption i.e. Baselines

and targets at output and outcome levels.

End of project report

This is the end of the project report that summarises key

achievements against planned ones. The report also analysis the

extent to which short term and end of project outcomes were

achieved.

DOCUMENT DETAILS

End of project report.docx

Jan - March Quarterly

Programme report

Jan - March Quarterly Programme report.docx

Sample- Formal document from FEAFFA that reports/provides

synthesis of the progress and achievements, for the reporting period

of Jan – March 2014.

Weekly Status Report

29th April 2013

Weekly Status Report 29th April 2013 .pdf

Sample - This report outlines the activities carried out in the two

weeks between the 22nd -26th April 2013 project and in specific

scope of the work plan presented in the inception report.

FINAL FEAFFA

STRATEGIC PLAN -

March 2014

FINAL FEAFFA STRATEGIC PLAN - March 2014.doc

The 2014-2016 plan sets and supports the strategic direction of

FEAFFA.

PAPER J - TMEA Theory

of Change –

Explanation

PAPER J - TMEA Theory of Change - Explanation.doc

Paper that articulates in detail the propositions, assumptions and

beliefs behind TMEA’s strategy(Theory of Change)

Annex 3: Indicative sub-questions for key questions in section 4.

1. Effectiveness

How far were the intended outputs and results achieved in relation to targets set in the

monitoring plan?

What were the major factors influencing the achievement or non-achievement of the

objectives?

Were the programme’s expected impact and results logically and explicitly defined in project

documents including in the results framework?

What has the impact been on corruption across the various components?

Did the project management have a system in place for tracking the effectiveness of the

projects progress towards its stated desired short and midterm outcomes? Was this system

used to make decisions to change its activities accordingly?

Examine the extent to which monitoring and evaluation is/was integrated in the project cycle;

and

Examine the effectiveness of networks and coordination created.

2. Impact

What do beneficiaries (men and women) and other stakeholders affected by the intervention

perceive to be the effects of the intervention on themselves?

What is the impact of the intervention on FEAFFA? To what extent does the intervention

contribute to capacity development and the strengthening of institutions?

To what extent can changes that have occurred during the life span of the intervention or the

period covered by the evaluation be identified and measured?

To what extent has the programme benefitted women and girls?

Have measures been taken and been successful in mitigating potential negative impacts on

any sub-groups, in particular poor people in localised areas?

To what extent can identified changes be attributed to the intervention? What would have

occurred without the intervention?

Have plausible alternative explanations for identified changes been considered and

convincingly ruled out?

What has happened as a result of the programme or project?

What real difference has the activity made to the beneficiaries?

3. Relevance

Has the intervention been developed with the inclusion and participation of project partners?

Is the intervention a technically adequate solution to the development problem at hand? Does

it eliminate the main causes of the problem?

Do proposed innovations have a potential for replication?

Are the activities and outputs of the programme consistent with the overall goal and the

attainment of its objectives?

Are the activities and outputs of the programme consistent with the intended impacts and

effects?

4. Sustainability

What were the major factors, which influenced the achievement or non-achievement of

sustainability of the programme or project? To what extent, were these issues known before

the end of the project or programme and what was done to mitigate them?

What should be the essential components of a future exit strategy in order to sustain

impact?

Is the intervention consistent with partners’ priorities and effective demand? Is it supported

by local institutions and well integrated with local social and cultural conditions?

Do partners have the financial capacity to maintain the benefits from the intervention when

donor support has been withdrawn?

Are requirements of local ownership satisfied? How are stakeholders engaged through the

projects and beyond its life? Did partner country stakeholders participate in the planning and

implementation of the intervention?

Is the technology utilised in the intervention appropriate to the economic, educational, and

cultural conditions in the partner country?

Is the intervention compatible with a sustainable use of natural resources? Or is it harmful to

the natural environment?

Did the projects have clear and comprehensive exit strategies that were regularly monitored?

5. Efficiency

Has the evaluated intervention been managed with reasonable regard for efficiency?

What measures have been taken during planning and implementation to ensure that

resources are efficiently used?

Could the intervention have been implemented with fewer resources without reducing the

quality and quantity of the results?

Could more of the same result have been produced with the same resources?

Was the intervention economically worthwhile, given possible alternative uses of the available

resources? Should the resources allocated to the intervention have been used for another,

more worthwhile, purpose?

Were activities cost-efficient?

Were outputs and outcomes achieved on time?

Was the programme or project implemented in the most efficient way compared to

alternatives?

To what extent was risk management integrated in the programme? How often were risks

identified, analysed and incorporated in programme design?

How efficient and effective were the management and administration systems and procedures

including programme results framework and reporting?

15. Conflict of Interest

Tenderers must disclose in their Tender details of any circumstances, including personal, financial and

business activities that will, or might, give rise to a conflict of interest; this includes any sub-contractor,

if they were awarded this contract. Where Tenderers identify any potential conflicts they should state

how they intend to avoid such conflicts. TMEA reserves the right to reject any Tender which, in TMEA’s

opinion, gives rise, or could potentially give rise to, a conflict of interest.

16. Disclosures

The Tenderer must disclose:

a. If they or any of the Tenderer’s sub-contractors:

Are or have been the subject of any proceedings or other arrangements relating to

bankruptcy, insolvency or financial standing;

Has been convicted of any offence concerning professional misconduct; and

Has not fulfilled any obligations relating to the payment of social security contributions.

b. If they or any of the Tenderer’s sub-contractors have been convicted of, or are the subject of

any proceedings, relating to:

Participation in criminal organisation;

Corruption including the offence of bribery;

Fraud including theft, and not fulfilling any obligations relating to payment of taxes; and

Money laundering.

c. If they or any of the Tenderer’s sub-contractors:

Are, or have reason to believe that they may have been, or are subject of any proceedings,

that has resulted in the firms being blacklisted.

Disclosure extends to any company in the same group of the Tenderer (including but not limited to

parent subsidiary and sister companies, and companies with common shareholders whether direct or

indirect and parties with whom the Tenderer is associated in respect of this tender).

If a Tenderer or related company or any individual discloses details of any misconduct or complaint,

TMEA will make an assessment as to whether the Tenderer should be excluded. TMEA may seek

additional information from the Tenderer or other competent authorities to obtain the further

information required to make a decision on eligibility.

17. Joint Venture (or other form of association) Tenders

Where the Tender is submitted by the Tenderers in conjunction with one or more associates then, in

the absence of a Joint venture agreement the ‘Associate’ shall be deemed to be a sub-contractor to

the Tenderers and shall not be a party to the contract.

Tenders submitted by potential Joint Venture partnerships must include in the Tender documents a

“Letter of Intent to form a Joint Venture” in the event of being successful and:

a. Be signed by a duly authorised representative of each partner with details of each signatory

provided in print below each signature;

b. Include an express provision that each partner is jointly and severally liable in respect of the

Tenderer’s obligations;

c. Provide details of the name of the partner nominated to act as manager of the Joint Venture

and who is authorized to act for the Joint Venture in terms of committing it to any obligations

and liabilities and to receive and act upon instructions from TMEA and to make and receive

payments; and

d. State full details of the proposed structure; the division of technical responsibilities between

the partners and intended capitalisation.

18. TMEA’s Treatment of Your Tender

TMEA is committed to ensuring Value for Money* in complex procurements.

Therefore, when you submit a tender, we will:-

a. Disqualify any non-compliant tenders (i.e. tenders failing to meet the terms of these

instructions) received. The commercial details of such tenders will be recorded and marked as

disqualified;

b. Ensure that all tenders are evaluated objectively, in line with the evaluation criteria specified

in the covering letter;

c. Following evaluation, inform the Tenderers within reasonable time of the decision being

made; and

d. Following evaluation, provide feedback to each Tenderer within 15 calendar days of written

request and within the bounds of confidentiality.

* Value for money is defined as the optimum combination of whole-life cost and quality to meet

requirements

Tenderer Obligations

If you consider that any of the information included in your tender would prejudice your legitimate

commercial interests, please identify it and explain (in broad terms together with a time period after

which the information could be disclosed) what harm may result from disclosure if a request is

received. Tenderers must justify why they prefer any information to be withheld.

TMEA Obligations

Tenderers should be aware that, even where it is indicated in the tender that information prejudicial

to tenderers commercial interests, TMEA may be required to disclose it if a request is received. TMEA

recognises the legitimate commercial concerns of suppliers and will consult with the relevant tenderer

before disclosing information.

22

ANNEX 1: PRO- FORMA

Pro- forma 1

TENDER FOR: FORMATIVE AND SUMMATIVE EVALUATION OF THE SELECTED PRIVATE SECTOR/CIVIL

SOCIETY ORGANISATIONS PROJECTS (TRADE FACILITATION)

TENDER NUMBER: PRQ20140571

MILESTONE PAYMENTS PROPOSAL

The amount to be paid for the completion of the services is fixed at $

Payment will be made either:

a) as a lump sum on completion of the services

or

b) at relevant points throughout the contract period as detailed below

CRITERIA FOR PAYMENT

AMOUNT OF PAYMENT

TOTAL $

23

Pro forma 2

TENDER FOR: FORMATIVE AND SUMMATIVE EVALUATION OF THE SELECTED PRIVATE SECTOR/CIVIL

SOCIETY ORGANISATIONS PROJECTS (TRADE FACILITATION)

TENDER NUMBER: PRQ20140571

PROPOSAL BREAKDOWN - PERSONNEL INPUTS AND FEE RATES

NAME

Country (Specify No Days Daily Fee Rate Cost $

Long Term*

Short Term

TOTAL FEES

$

* Long Term is in excess of 4 months

Guidance on Fees and Expenses can be found in Section 2 of the contract - the General Conditions.

24

Pro- forma 3

TENDER FOR: FORMATIVE AND SUMMATIVE EVALUATION OF THE SELECTED PRIVATE SECTOR/CIVIL

SOCIETY ORGANISATIONS PROJECTS (TRADE FACILITATION)

TENDER NUMBER: PRQ20140571

PROPOSAL BREAKDOWN – PROJECT EXPENSES

Costs should be shown separately in the format set out below using separate sheets to provide full

details under each heading. Fees proposed by tenderers should be inclusive of all taxes.

TRAVEL (state country)

NO.

RATE

COST $

FARES International

Domestic

Other Travel Costs

Sub Total $

DAILY LIVING COSTS(state country) *Long Term

*Short Term

Sub Total $

25

EQUIPMENT* Items Purchased/Rented (Including vehicles)

Sub Total

$

Any other expenses (please list)

Sub Total

$

TOTAL PROJECT EXPENSES: (B)

$

*TMEA will not reimburse costs for normal tools of trade (e.g. portable personal computers)

*Long Term consultants are expected to utilise rented accommodation. No per diem is payable.

*Short Term expectation is either rented accommodation or a hotel

26

Pro- forma 4

TENDER FOR: FORMATIVE AND SUMMATIVE EVALUATION OF THE SELECTED PRIVATE SECTOR/CIVIL

SOCIETY ORGANISATIONS PROJECTS (TRADE FACILITATION)

TENDER NUMBER: PRQ20140571

PROPOSAL BREAKDOWN - SUMMARY OF FEE RATES AND EXPENSES

Total Fees (A)

$

Total Project Expenses (B)

$

Sub Total

$

TOTAL

$

27

ANNEX 2: CONTRACT

Section 1 – Form of Contract

CONTRACT FOR: [Insert Title here]

CONTRACT REFERENCE: [Insert Number here]

THIS CONTRACT dated [Insert date here] is made

BETWEEN:

TradeMark East Africa (“TMEA”) having its principal place of business at Equatorial Fidelity

Center, P O Box 313 00606, Nairobi, Kenya;

AND

[Insert Consultant Name+ (“The Consultant”) having its principal office located in *Insert Contact

Details].

WHEREAS:

TMEA has requested the Consultant to provide certain consulting services as defined in the

detailed terms of reference and scope of services attached to this Contract (hereinafter called

the “Services”); the Consultant, having represented to TMEA that they have the required

professional skills, and personnel and technical resources, have agreed to provide the Services

on the terms and conditions set forth in this Contract.

IT IS HEREBY AGREED as follows:

1. Documents

This Contract from page [Insert page no] to page [Insert page no.] shall comprise the following

documents:

Section 1 Form of Contract

Section 2 General Conditions

Section 3 The Services

Section 4 Special Conditions and Key Personnel

Section 5 Fees

28

This Contract constitutes the entire agreement between the Parties in respect of the

Consultant’s obligations and supersedes all previous communications between the Parties,

other than as expressly provided for in Section 3 and/or Section 4.

2. Contract Signature

If the original Contract is not returned to - TMEA duly completed, signed and dated on behalf of

the Consultant within 15 days of the date of signature on behalf of TMEA, TMEA will be entitled,

at its sole discretion, to declare this Contract void. No payment will be made to the Consultant

under this Contract until a copy of the Contract, signed on behalf of the Consultant is returned

to TMEA.

3. Commencement and Duration of the Services

a. The Consultant shall start the Services no later than [Insert start date] ("the Start Date")

for [state contract period in terms of days/moths/years] and shall complete them by [Insert end

date] (End Date") or any other period as may be subsequently agreed by the parties in writing

unless this Contract is terminated earlier in accordance with its terms and conditions.

b. If the services have not commenced in accordance with clause 3.1 above, TMEA may by

not less than 30 days written notice to the consultant, declare the contract to be null and void,

and in the event of such declaration, the consultant shall have no claim against TMEA with

respect thereto.

4. Financial Limit

Payments under this Contract shall not, in any circumstances, exceed [XXX] for fees and [XXX]

for expenses within a total limit of [XXX] inclusive of all taxes applicable ("the Financial Limit").

5. Time of the Essence

Time shall be of the essence as regards the performance by the Consultant of its obligations

under this Contract.

For and on behalf of TMEA Name: KEN JONES

Position: CHIEF OPERATING OFFICER

Signature:

Date:

For and on behalf of the consultant

Name:

Signature:

29

Date:

CONTRACT FOR CONSULTANCY SERVICES

Section 2 – General Conditions

1. Definitions

“The Contract” means the agreement entered into between TMEA and the consultant, as

recorded in this Contract Document signed by the parties, including all attachments and

appendices thereto and all documents incorporated by reference therein.

“TMEA Project Manager” means the person nominated by TMEA who is responsible for the

management of the Project.

"the Equipment" means any equipment, computer hardware or software, materials, goods and

vehicles and associated services necessarily required for the implementation of the Services

which are financed or provided by TMEA for use by the Consultant.

"the Financial Limit" means the amount specified in Section 1 and which represents the

maximum amount payable by TMEA under this Contract.

“Fees” means the fees payable for the Services as set out in Section 5.

"the Services" means the services to be provided by the Consultant as set out in Section 3.

“the Consultant” means the natural person(s), partnership(s), or company (ies) whose bid to

perform this contract has been accepted by TMEA and is named as such in this contract, and

includes the legal successors or permitted assigns of the Consultant.

"the Consultant’s Personnel" means any person instructed by the Consultant pursuant to this

Contract to undertake any of the Consultant’s obligations under this Contract, including the

Consultant’s employees, agents and sub-contractors.

“Subcontractor” means any natural person(s), partnership(s), or company (ies), including its

legal successors or permitted assigns, to whom any part of the services to be provided is

subcontracted by the Consultant.

2. Interpretation

In the event of any inconsistency between the Form of Contract (Section 1), these General

Conditions (Section 2) and the Special Conditions (Section 4), the Special Conditions shall prevail.

3. Project management

TMEA designates the TMEA Project Manager as being responsible for the coordination of

activities under this Contract, for the acceptance and approval on behalf of TMEA of the reports

and of other deliverables produced by the Consultant, and for receiving and approving invoices

for payment.

4. Obligations

30

a. TMEA and the Consultant each warrant that it has all the requisite corporate power and

authority to enter into this Contract and is fully capable of performing its obligations under

this Contract on the terms provided for in this Contract.

b. The Consultant shall perform the Services and all other obligations under this Contract with

all necessary skill, diligence, efficiency and economy to satisfy generally accepted

professional standards expected from experts.

c. The Services shall be provided at the location set out in Section 3. Notwithstanding this, the

Consultant may be required to travel to other locations from time to time in carrying out the

Services.

5. Indemnification

At its own expense, the Consultant shall indemnify, protect and defend, TMEA, its agents

and employees, from and against all actions, claims, losses or damage arising from any act or

omission by the Consultant in the performance of the services, including any violation

of any legal provisions, or rights of third parties, in respect of patents, trademarks and other

forms of intellectual property such as copyrights. Should the act or omission originate from

TMEA, then TMEA will indemnify the consultant.

The Consultant hereby indemnifies TMEA, its agents and employees against any legal cost,

including attorney/own client costs incurred by TMEA in defending any complaints, disputes or

claims lodged by any party as a result of the actions or omissions of the Consultant.

6. Consultant’s Personnel

a. The Consultant acknowledges that it and the Consultant’s Personnel have no authority to

create or incur any liability or obligation on behalf of TMEA, including but not limited to any

liability or obligation to expend or incur capital expenditure and not to recruit, employ or

dismiss any member of staff employed by TMEA.

b. The Consultant shall not at any time, either personally or by an agent, directly or indirectly

represent itself as being in any way connected with or interested in TMEA save as being

engaged to perform the Services.

c. Save for the Services agreed and set out at Section 3, TMEA is under no obligation to offer

work to the Consultant and the Consultant is under no obligation to accept any work, which

may be offered by TMEA.

d. No changes or substitutions may be made to members of the Consultant’s Personnel

identified in Section 4, if any, of this Contract without TMEA’s prior written consent.

e. If TMEA considers any member of the Consultant’s Personnel unsuitable, the Consultant

shall substitute such member as quickly as reasonably possible without direct or indirect

charge to TMEA with a replacement acceptable to TMEA.

f. The Consultant is responsible for all acts and omissions of the Consultant’s Personnel and

for the health, safety and security of such persons and their property.

7. Fees

31

a. Subject as follows, payments shall be due to the Consultant in accordance with the Fee

payment schedule set out in Section 5. In the case of Fees that are payable upon the

completion of milestones as may be set out in Section 4, such fees shall not become due and

payable until the completion, to TMEA’s satisfaction, of the relevant milestone event or the

delivery of the deliverables to TMEA’s satisfaction required for the achievement of the

relevant milestone satisfactorily

b. Payment of the Fees shall be subject to TMEA being satisfied that the Consultant is or has

been carrying out its duties, obligations and responsibilities under this Contract.

c. If for any reason TMEA is dissatisfied with performance of this Contract, an appropriate sum

may be withheld from payments that would otherwise be due under this Contract. In such

event TMEA shall identify the particular Services with which it is dissatisfied together with

the reasons for such dissatisfaction, and payment of the amount outstanding will be made

upon remedy of any unsatisfactory work or resolution of outstanding queries.

d. Fees charged and expenses incurred shall not, in aggregate, exceed the Financial Limit

without the prior written consent of TMEA.

e. No payments shall be made in respect of days not worked due to sickness or holiday or

otherwise.

f. Only the fee rates listed in Section 5 of this Contract will apply to any Services performed by

the Consultant under this Contract.

8. Expenses

The Consultant shall be entitled to be reimbursed only for those expenses which have been

approved and are set out in Section 5.

9. Invoicing Instructions

a. Invoices should particularise the contract to which they relate and should be sent to the

address referenced in Section 5.

b. All invoices should contain details of the Services provided, milestones achieved and

deliverables provided to which the invoice relates. Where expenses are payable, invoices

should be accompanied by proof of the expense. Any invoice not presented in accordance

with the above may be rejected and in any event shall be liable to query and delay in

payment.

c. TMEA may request proof of payment in respect of any item and shall be entitled to refuse to

meet a claim if this cannot be provided.

d. TMEA reserves the right to audit, or to nominate a reputable accounting firm to audit the

Consultant’s records relating to amounts claimed under this Contract during its term and

any extension, and for a period of three months thereafter.

e. TMEA reserves the right not to pay any amount due in respect of an invoice received by

TMEA more than 60 days after the day of the Consultant becoming entitled to invoice for

the payment to which it relates.

f. TMEA will deduct withholding tax from the consultant’s invoiced amounts as per

Government of Kenya regulations. Consultants from countries with double tax agreements

32

will be provided with withholding tax certificates. It is the consultant’s responsibility to

establish their tax status in the country where the Services will be delivered.

10. Payments

Subject to TMEA being satisfied that the Consultant is or has been carrying out their duties,

obligations and responsibilities under this Contract, sums duly approved shall be paid within 30

days of receipt of a valid invoice.

11. Nature of relationship

TMEA and the Consultant agree and intend that this relationship is one of undertaking

independent services and specifically is not a relationship of employer or employee agency, joint

venture or partnership.

Nothing contained herein shall be construed as establishing a relation of master and servant or

of principal and agent between TMEA and the Consultant and the Consultant will be solely

responsible for the tax status, tax and any statutory contributions payable of and for the

Consultant’s Personnel and for all or any of its or the Consultant’s Personnel’s taxes payable in

respect of Fees and reimbursements received in connection with this Contract.

12. Performance Standards

The Consultant undertakes to perform the Services with the highest standards of professional

and ethical competence and integrity.

13. Termination

Either TMEA or the Consultant may terminate this Contract, by not less than 30 days written

notice. In such cases, TMEA shall be liable to make payments only for work completed and

delivered, of acceptable standard.

14. Confidentiality

a. The Consultant shall not, during the term of this Contract and within two years after its

expiration or termination, disclose any proprietary or confidential information relating to

the Services, this Contract or TMEA’s business or operations without the prior written

consent of TMEA.

b. Notwithstanding the above, the consultant may furnish to its subcontractor such

documents, data, and other information it receives from TMEA to the extent required for

the subcontractor to perform its work under the contract, in which event the consultant

shall obtain an undertaking of confidentiality similar to that imposed on the consultant

under this contract.

15. Ownership of Material

c. Any studies, reports or other material, graphic, software or otherwise, prepared by the

Consultant for TMEA under the Contract shall belong to and remain the property of TMEA.

33

d. Where intellectual property rights in all material produced by the Consultant or the

Consultant's Personnel pursuant to the performance of the Services ("the Material") are the

property of the Consultant, the Consultant hereby grants to TMEA a worldwide,

nonexclusive, irrevocable, royalty free licence to use all the Material.

e. "use" shall mean, without limitation, the reproduction, publication and sub-licence of all the

Material and the intellectual property rights therein, including the reproduction and sale of

the Material and products incorporating the same for use by any person or for sale or other

dealing anywhere in the world.

16. Code of conduct

The consultant shall at all times act loyally and impartially and as a faithful adviser to TMEA in

accordance with the rules and/or codes of conduct of its profession.

It shall in particular refrain from making any public statements concerning the services without

prior approval of TMEA, and from engaging in any activity which conflicts with its obligations

towards TMEA under this contract.

It shall not commit TMEA in any way whatsoever without its prior written consent, and shall,

where appropriate, make this obligation to third parties.

17. Conflict of interest

The consultant shall refrain from any relationship which would compromise its independence or

that of its personnel. If the consultant fails to maintain independence, TMEA may terminate the

contract in accordance with the provisions of this contract.

18. Insurance

The Consultant and his/ her/ their personnel are responsible for ensuring adequate and

appropriate medical, travel, Personal Accident or any other insurance cover before beginning

work, under a TMEA contract for services. The Consultant's fee is deemed to include an element

to cover the cost of all insurance

19. Assignment

The consultant shall not assign, in whole or in part, their obligation under this contract, except

with prior written consent of TMEA.

20. Subcontracting

The consultant shall request approval in writing from TMEA for all subcontracts awarded under

this contract that are not included in the contract. Subcontracting shall in no event relieve the

consultant of any of its obligations, duties, responsibilities or liability under this contract.

21. Law Governing Contract and Language

34

The Contract shall be governed by the laws of Kenya but in the event of a conflict between

Kenyan laws and any other Law, then the laws of Kenya prevail. The language of the Contract

shall be English.

22. Dispute Resolution

TMEA and the Consultant agree to seek to resolve any dispute, controversy or claim arising out

of or relating to this Contract or the breach, termination or invalidity thereof, by amicable

settlement. Where it is not possible to reach an amicable settlement, any dispute, controversy

or claim arising out of or relating to this Contract or the breach, termination or invalidity

thereof, shall be settled by arbitration in accordance with the Arbitration Act of 1995 or any

statutory modifications or re-enactment thereof for the time being in force.

Notwithstanding any adjudication or arbitration proceedings no party shall commit an

anticipatory breach of contract.

23. Liability

Except where there has been misconduct, gross negligence, dishonesty or fraud on behalf of the

Consultant or the Consultant's Personnel, the Consultant's aggregate liability arising out of or in

connection with this Contract shall be limited to the amount of the Financial Limit. The

Consultant shall not be liable for any failure to perform or delay in performance of any of its

obligations arising out of or in connection with this Contract where such failure or delay is

caused by TMEA or any of TMEA’s agents, employees or contractors.

24. Force Majeure

a. The failure of the Consultant to fulfil any of its obligations under the Contract shall not be

considered to be a breach of, or default under, this Contract insofar as such inability arises

from an act, event, omission or accident beyond its reasonable control (“Force Majeure

Event”), provided that the Consultant (i) has taken all reasonable precautions, due care and

reasonable alternative measures in order to carry out the terms and conditions of this

Contract, and (ii) has informed TMEA as soon as possible about the occurrence of such an

event and in any event not later than 14 days after the occurrence of such event.

b. Any period within which the Consultant shall, pursuant to this Contract, complete any action

or task, shall be extended for a period equal to the time during which the Consultant was

unable to perform such action as a result of the Force Majeure Event.

c. During the period of their inability to perform the Services as a result of a Force Majeure

Event, the Consultant shall be reimbursed for additional costs reasonably and necessarily

incurred by it during such period for the purposes of the Services and in reactivating the

Services after the end of such period.

Force Majeure shall not include:

35

Any event which is caused by the negligence or intentional action of the consultant, or such

consultant’s subcontractors or agents or employees; nor any event which a diligent party could

reasonably have been expected to both: Take into account from the effective date of the

contract; and Avoid or overcome in the carrying out of its obligations.

25. Joint venture, consortium or association

Unless otherwise specified in this contract, if the Consultant is a joint venture, consortium or

association, all of the parties shall be jointly and severally liable to TMEA for the fulfilment of the

provisions of this contract.

The composition or constitution of the joint venture, consortium or association shall not be

altered without the prior written consent of TMEA. Any alteration of the composition of the

joint venture, consortium or association without prior written consent of TMEA shall be

considered to be a breach of contract.

26. Travel

All authorized air travel must be economy class through the most direct and economical route.

36

CONTRACT FOR CONSULTANCY SERVICES

Section 3 – The Services

TERMS OF REFERENCE

[Insert]

37

CONTRACT FOR CONSULTANCY SERVICES

Section 4 – Special Conditions and Consultant’s Key Personnel

1. Special conditions

The proposal-both technical and financial-submitted for this tender forms an integral part of this

contract.

2. Key Personnel

The following of the Consultant's Personnel cannot be substituted by the Consultant without

TMEA's prior written consent:

[Insert]

38

CONTRACT FOR CONSULTANCY SERVICES

Section 5 – Fees

1. Professional fees

Consultant Fee rate per day ($) Maximum number of days Total value ($)

TOTAL 1

2. Reimbursable expenses

Item Number Cost ($) Total value ($)

GRAND TOTAL (1+2)

All expenses including accommodation must be supported by valid receipts which must be

submitted with the relevant invoice. The only exception to this is the payment of subsistence

allowances which are paid at TMEA standard rates and which do not need to be supported by

receipts.

3. Invoicing instructions

Invoices should be sent to invoices@trademarkea.com after the deliverables/milestones have

been achieved and approved by TMEA and the recipient. The Invoices should clearly state the

Contract Number (PO/XXX) and details of the Consultant’s bank account to which TMEA shall

transfer payments.

39

ANNEX 3: BID SUBMISSION FORM

Bid Submission Form

[The Bidder shall fill in this Form in accordance with the instructions indicated No alterations to its

format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid Submission]

To: TradeMark East Africa

2nd Floor, Equatorial Fidelity Centre

Waiyaki Way, Westlands

P.O. Box 313 00606

Nairobi, Kenya

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents;

(b) We offer to supply in conformity with the Bidding Documents and in accordance with the

Delivery Schedules specified in the Schedule of Requirements the following Goods and Related

Services [insert a brief description of the Goods and Related Services];

(c) Our bid shall be valid for the period of time specified in the ITT, from the date fixed for the bid

submission deadline in accordance with the ITT, and it shall remain binding upon us and may be

accepted at any time before the expiration of that period;

(d) We have no conflict of interest;

(e) We understand that this bid, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us, until a formal contract is

prepared and executed.

(f) We understand that you are not bound to accept the lowest evaluated bid or any other bid that

you may receive.

Signed:[signature of person authorized by the Bidder to sign the bid submission form, and whose

name and title are shown below]

Name:[insert full name]

Title:[insert official title]

Duly authorized to sign the bid for and on behalf of:[insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

40

41

ANNEX 4: FAIR PRICE DECLARATION FORM

FAIR PRICE DECLARATION FORM

This form shall be completed by each consultant or consultancy firm and is to be read together with the

information to bidders in the request for proposal (RFP) document.

We/I [insert name of the consultant or consultancy firm] hereby declare that the price quoted in our

financial proposal are in line with the market rates and/or the approved professional charges and are

economical. We/I hereby give TradeMark East Africa authority to terminate the contract without further

communication should they discover that we/I [insert name of consultant or consultancy firm] are in

contravention of this declaration.

Name: _________________________________

Designation: _________________________________

Signature: _________________________________

Date: _________________________________

42

ANNEX 5: TMEA CODE OF ETHICS

TMEA CODE OF ETHICS

1. Preamble

TradeMark East Africa’s (TMEA) success depends on its reputation, integrity, openness and respect for

others. The trust and confidence of those with whom we deal is therefore, essential. The protection of

our reputation and relationships is of fundamental importance to our long term sustainability. We

recognise our obligations to all those with whom we have a direct relationship such as, donors, staff,

contractors and suppliers, the private sector in general, government, civil society and the wider

community.

This document covers fraud and corruption in the use of funds for ineligible expenditures, as well as

fraud and corruption engaged in for the purpose of influencing any decision as to the use of funds. All

such fraud and corruption is deemed to occur “in connection with the use of TMEA funds”. The recourse

for funds mismanagement, where TMEA has sufficient evidence, shall lead to refund of monies by the

beneficiary involved and prosecution by the authorities.

Gender mainstreaming also forms part of this document and it is obligatory for all partners to put

gender equity issues practice rather than adopting a superficial approach. This will be through

continuous assessment of the implications for women and men of any planned action, including

legislation, policies or programmes, in all areas and at all levels of the project.

Finally, all partners, consultants, contractors and stakeholders will sign the last page signifying they have

read and understood this document, which is an integral part of the engagement/contract document

with TMEA.

2. Definitions

A “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party;

A “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or

recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to

avoid an obligation;

A “collusive practice” is an arrangement between two or more parties designed to achieve an

improper purpose, including to influence improperly the actions of another party;

A “coercive practice” is impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to influence improperly the actions of a party,

and;

An “obstructive practice” is;

43

o Deliberately destroying, falsifying, altering or concealing of evidence material to the

investigation or making false statements to investigators in order to materially impede a

Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive

practice; and/or threatening, harassing or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to the investigation or from pursuing the

investigation, or

o Acts intended to materially impede the exercise of the Bank’s contractual rights of audit

or access to information.

“Gender mainstreaming” is the process of assessing the implications for women and men of any

planned action, including legislation, policies or programmes, in all areas and at all levels. It is a

strategy for making women's as well as men's concerns and experiences an integral dimension

of the design, implementation, monitoring and evaluation of policies and programmes in all

political, economic and societal spheres so that women and men benefit equally and inequality

is not perpetuated. The ultimate goal is to achieve gender equality.

A “recipient” is any individual, firm, organisation, NGO, PSO or CSO or any partner that works

with TMEA and/ or receives TMEA funding either through a contract or a grant.

3. Code of ethics

(a) Relationship with stakeholders

TMEA’s reputation depends on the way in which we work. It is vital that our stakeholders have

confidence in our competence and professional excellence. We will treat our stakeholders with respect,

honesty and fairness.

Confidential information relating to our relationship with all stakeholders will be respected. We respect

copyright and other intellectual property rights.

Where consultants and other third parties are contracted to perform duties by TMEA, they will be

expected to act in accordance with this code. The obligation to comply with this document forms an

integral part of the engagement we have with partners or consultants who are expected to append their

signature, as a confirmation of commitment to adherence.

Decisions to hire a consultant or source materials from a particular vendor or supplier are made on the

basis of objective criteria such as quality, reliability, technical excellence, price and service. Purchasing

decisions must never be made on the basis of personal relationships or the opportunity for personal

financial gain. The contractor undertakes to pay suppliers, subcontractors and agents in accordance with

agreed terms.

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The receipt of gifts or favours by recipients can give rise to embarrassing situations and may be seen as

improper inducement. Gifts and favours must not be solicited. In the event that any offers of gifts or

favours are received, it should be reported immediately using your organisation’s hierarchy.

The recipient shall not avoid tax. The recipient will record and report all transactions, including those

where payment is made in cash. All taxable perquisites to which staffs are entitled will be listed and

declared for tax purposes.

TMEA is committed to openness and transparency in communicating with stakeholders and seeks a

constructive relationship the wider private sector/ civil society, the media, the government, non-

governmental organisations and the general public.

(b) Relationship with employees

TMEA aims to provide a positive, responsible, open and exemplary working environment. Relationship

with staff should be based on respect, dignity and fair treatment for all. We strive to maintain an

environment that is based on merit and inclusiveness. The organisation will recruit and promote staff on

the basis of their suitability for the job and organisation’s needs without discrimination. Diversity of staff

is central to our operations and we value it immensely.

TMEA expect staffs to conduct their business activities with colleagues and stakeholders with respect for

all and with honesty and courtesy. We will not tolerate harassment or bullying of staff.

The recipient will explain the purpose of its activities and individual jobs, foster effective communication

and involve employees in improving their work. As far as possible, it will provide staff with opportunities

to enhance their skills and capabilities, enabling them to develop fulfilling careers and to maximise their

contribution to the organisation.

The recipient, in recognition of the efforts of an individual, it will maintain an atmosphere of fair terms

and conditions of employment and remuneration policies and structures.

The recipient’s time, physical and intellectual property should be used for business purposes only.

Electronic communication equipment and related services (including email, internet, bulletin boards, fax

machines, file storage) must be protected from unauthorised external access or use. Under no

circumstances should they be used for receiving illegal, offensive, obscene or otherwise inappropriate

materials.

The recipient shall respect staff privacy. We will only collect and retain personal information that is

required for effective operation of the organisation or as required by law. The information will be kept

confidential and released only to those who have a legitimate need to know. Information received by

staff in the course of business dealings may not be used for personal gain.

No staff may be involved in any activity for personal gain. Any personal interests or interests of a

member of one’s immediate family in relation to the organisation’s business must be disclosed. Any

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perceived conflicts of interest should be discussed with the line manager and it is your responsibility to

take action to declare and resolve any real or apparent conflict.

4. Fraud and corruption

The recipient shall:

(b) Take all appropriate measures to prevent corrupt, fraudulent, collusive, coercive

and obstructive practices in connection with the use of TMEA funds, including

(but not limited to):

adopting appropriate fiduciary and administrative practices and institutional

arrangements to ensure that the funds are used only for the purposes for which they

were intended, and;

ensuring that all of its representatives involved with the project, and all recipients of

funds with which it enters into an agreement related to the Project, receive a copy of

this document and are made aware of its contents;

(c) Immediately report to TMEA any allegations of fraud and corruption;

(d) Cooperate fully with representatives of TMEA or its appointed agent in any

investigation into allegations of fraud and corruption. If TMEA determines that

any person or entity referred to in 4.1 above has engaged in corrupt, fraudulent,

collusive, coercive or obstructive practices, it may suspend further

funding/disbursement/payment. Should investigations reveal that there was

fraudulent activity, TMEA reserves the right to demand a refund and may

terminate the agreement in place. TMEA may also hand over the reports from

any investigations to proceed with prosecution;

(e) Take all necessary and appropriate against any representative declared

ineligible, as described in below, from duties and responsibilities;

o If TMEA determines that a recipient is also a potential provider of goods, works or

services, it shall declare the recipient ineligible;

o TMEA shall declare a firm, consultant or individual ineligible under this code of ethics if

such firm, consultant or individual has been declared ineligible under TMEA

procurement guidelines or those of the respective government/partner or any other

international organisation; and

(f) Assist or enable TMEA obtain a refund of any resources (assets, monies,

materials among other benefits) that have been used inappropriately funds

including returning any unutilised funds especially where TMEA is not content

with progress.

3. Gender mainstreaming

The core guidelines for gender mainstreaming in TMEA funded projects shall be based on but not limited

to the following:

a. Issues across all areas of activity shall be defined in such a manner that gender

differences are diagnosed;

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b. Responsibility for translating gender mainstreaming into practice is system- wide

and rests at the highest level of the recipient organisation. Accountability for

outcomes needs to be monitored continuously;

c. Gender mainstreaming also requires that every effort be made to broaden equal

participation at all levels of decision-making;

d. Gender mainstreaming must be institutionalised through concrete steps,

mechanisms and processes in all areas of TMEA funded projects;

e. Gender mainstreaming does not replace the need for targeted, policies and

programmes or positive legislation, nor does it substitute for gender units or focal

points; and

f. There shall be clear organisational will and the allocation of adequate human and

financial resources for gender mainstreaming from all available funding for the

successful translation of the concept into practice.

4. Implementing and monitoring this document

The recipient’s commitment to this document is essential to TMEA’s success and will be demonstrated

through training, enforcement and accountability. Adherence to the provisions of this document is a

condition of partnership.

Project Managers should ensure that all recipients receive guidance on this document and understand

the values that underpin its usage. They should strive to create an environment that encourages open

discussion about any concerns.

These document is a guide rather than an exhaustive description of the recipient’s ethics polices and

standards. TMEA aims to create a culture in which it is normal for partners to ‘do the right thing’ and to

voice genuinely held concerns about behaviour or decisions that they perceive to be unethical.

All recipients are required to sign an ‘Annual Certificate of Compliance’ stating that they have read this

document and have taken all reasonable steps to ensure that they have conducted business responsibly

and in compliance with applicable laws and regulations.

5. Miscellaneous

The provisions in this code do not limit any other rights, remedies or obligations of TMEA or the

recipient under the Memorandum of Understanding/Agreement or any other document to which TMEA

and the Partner are both parties.

6. Commitment to the Code of Ethics

I have read the code and hereby sign as an indication of commitment to ensuring the code is

incorporated and adhered to.

Organisation’s name: _______________________________

Title of Signatory: _______________________________

Signature: _______________________________

Date: _______________________________

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……………………………………………………………..……………………

STAMP/SEAL

48

ANNEX 6: Financial Bid Submission Form

Financial Bid Submission Form

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in

accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.

Our attached Financial Proposal is for the amount of [Indicate the corresponding to the amount(s)

currency (ies)][Insert amount(s) in words and figures],including all applicable taxes in line with Clause 9

of this RFP tender document.

This bid submission/ proposal is in line with Pro-forma 1, 2, 3 and 4 of Annex 1 of this RFP tender

document.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from any contract

negotiations, up to expiration of the validity period of the Proposal, up to 120 days after bid submission

date, that is, 24th October 2014.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours Sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

In the capacity of:

Address:

E-mail: _________________________

[For a joint venture, either all members shall sign or only the lead member/consultant, in which case the

power of attorney to sign on behalf of all members shall be attached]