Tender No. Kenha -858- 2014 -Rfp-market Survey Consultancy

8/11/2019 Tender No. Kenha -858- 2014 -Rfp-market Survey Consultancy

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REQUEST FOR PROPOSALS

TENDER NO. KeNHA/858/2014

FOR

PROVISION OF CONSULTANCY SERVICES FOR

MARKET SURVEY ON COMMONLY USED ITEMS IN KeNHA

July 2014

DIRECTOR GENERAL

KENYA NATIONAL HIGHWAYS

AUHHORITYP.O. Box 49712-00100

NAIROBI

HEAD OF PROCUREMENT

KENYA NATIONAL HIGHWAYS

AUTHORITYP.O. Box 49712-00100

NAIROBI


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Table of Contents Page

COVER PAGE..1

TABLE OF CONTENTS. .2

INTRODUCTION....3

SECTION I - Letter of Invitation ..4

SECTION II - Information to consultants..7Appendix to information to Consultants..17

SECTION III -Technical Proposal21SECTION IV - Financial Proposal32

SECTION V -Terms of Reference41

SECTION VI - Standard Form of Contract43

SECTION VIIGeneral Conditions of Contract.44

SECTION VIIISpecial Conditions of Contract.54

Annex I - Sample Contract for Small Assignments..58

Annex 2Letter of Notification of Award.63

Annex 3Form RB 1..64


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INTRODUCTION

1.This Standard Request for Proposals (SRFP) has been prepared for useby public entities in Kenya in the procurement of consultancy servicesand selection of consultants.

2.The SRFP includes Standard form of Contract for Large Assignments

and small assignment which are for lump sum or time basedpayments.

3. A separate SRFP has been provided for selection of individualprofessional consultants.

4.The General Conditions of Contract should not be modified and insteadthe Special Conditions of Contract should be used to reflect the uniquecircumstances of the particular assignment. Similarly the informationto consultants should only be clarified or amended through theAppendix to information to Consultants.

5.This SRFP document shall be used where a shortlist of consultancyfirms already exist or has been obtained through a shortlist after anadvertisement of Expression of Interest for Consultancy required.


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SECTION I - LETTER OF INVITATION

TO: 24thJuly, 2014

Dear Sir/Madam,

TENDER NUMBER: KeNHA/858/2014

TENDER NAME: PROVISION OF CONSULTANCY SERVICES FORMARKET

SURVEY ON COMMONLY USED ITEMS IN KeNHA

The Kenya National High Authority (KeNHA) is a State Corporation

established under the Kenya Roads Act, 2007, with the responsibility for theManagement, Development, Rehabilitation and Maintenance of NationalRoads. The Authority invites bids from eligible firms/consultants for theProvision ofConsultancy Services for Market Survey on Commonly useditems in KeNHA.

Details of the scope of services are included in the Request for Proposaldocuments.

The following are mandatory requirements that must be submitted togetherwith the proposal:

a)Copy of certificate of incorporation/ Registration;b)Copy of current tax compliance certificate ( to be verified with KRA

TCC Checker);c)Curriculum Vitae (CV) of the proposed key staff duly signedby the

proposed individual;d)Copies of certificates and testimonials of the proposed key staff;e)Letters of availability for the assignment signed by the proposed key

staff; andf) Letters of Client satisfaction on previous and current assignments.

Procurement shall be based on the post qualification method and the abovedetails will be submitted with the proposal.

Shortlisted firms may inspect the request for proposal documents from theprocurement office, Kenya National Highways Authority Headquarters, on theFirst Floor, Blue Shield Towers, Hospital Road, Upper Hill, Nairobi duringnormal working hours.

The Request for Proposal documents may be obtained by shortlistedfirms/consultants free of charge.


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The proposals shall be enclosed in a plain sealed envelope clearly markedwith the tender number and tender name and deposited in the tender boxsituated at KeNHA headquarters Mezzanine Floor, Blue Shield Towers orbe addressed to:-

Secretary/Tender Committee,Kenya National Highways Authority,

Blue Shield Towers, Mezzanine Floor, Hospital Road, Upper Hill,

P. O. Box 49712-00100,NAIROBI, KENYA

So as to be received on or before Tuesday 12thAugust, 2014 at 11.00 am.

Opening of the proposals will take place immediately thereafter at theKeNHA Board Room, 3rd Floor, Blue Shield Towers in the presence offirms/consultants representatives who choose to attend.

Levina Wanyonyi

FOR: DIRECTOR GENERAL


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SECTION IIINFORMATION TO CONSULTANTS (ITC)

Table of ContentsPage

2.1

Introduction.7

2.2

Clarification and amendment of RFP document.8

2.3

Preparation of Technical Proposal8

2.4

Preparation of Financial proposal9

2.5

Submission, Receipt and opening of proposals.10

2.6

Proposal evaluation general.11

2.7 Evaluation of Technical proposal..11

2.8

Public opening and Evaluation of financial proposal..12

2.9

Negotiations...13

2.10

Award of Contract14

2.11

Confidentiality..14

2.12 Corrupt or fraudulent practices..14

SECTION II: - INFORMATION TO CONSULTANTS (ITC)


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2.1 Introduction

2.1.1The Client named the Appendix to ITC will select a firm among thoseinvited to submit a proposal, in accordance with the method ofselection detailed in the appendix. The method of selection shall be asindicated by the procuring entity in the Appendix.

2.1.2

The consultants are invited to submit a Technical Proposal and aFinancial Proposal, or a Technical Proposal only, as specified in theAppendix ITC for consulting services required for the assignmentnamed in the said Appendix. A Technical Proposal only may besubmitted in assignments where the Client intends to apply standardconditions of engagement and scales of fees for professional serviceswhich are regulated as is the case with Building and Civil EngineeringConsulting services. In such a case the highest ranked firm of thetechnical proposal shall be invited to negotiate a contract on the basisof scale fees. The proposal will be the basis for Contract negotiationsand ultimately for a signed Contract with the selected firm.

2.1.3The consultants must familiarize themselves with local conditions andtake them into account in preparing their proposals. To obtain firsthand information on the assignment and on the local conditions,consultants are encouraged to liase with the Client regarding anyinformation that they may require before submitting a proposal and toattend a pre-proposal conference where applicable. Consultants shouldcontact the officials named in the Appendix ITC to arrange for anyvisit or to obtain additional information on the pre-proposalconference. Consultants should ensure that these officials are advised

of the visit in adequate time to allow them to make appropriatearrangements.

2.1.4The Procuring entity will provide the inputs specified in the AppendixITC, assist the firm in obtaining licenses and permits needed to carryout the services and make available relevant project data and reports.

2.1.5 Please note that (i) the costs of preparing the proposal and ofnegotiating the Contract, including any visit to the Client are notreimbursable as a direct cost of the assignment; and (ii) the Client isnot bound to accept any of the proposals submitted.

2.1.6The procuring entitys employees, committee members, board membersand their relative (spouse and children) are not eligible to participate.

2.1.7The price to be changed for the tender document shall not exceedKshs.1,000/=

2.1.8The procuring entity shall allow the tenderer to review the tenderdocument free of charge before purchase.


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2.2 Clarification and Amendment of RFP Documents

2.2.1 Consultants may request a clarification of any of the RFP documentsonly up to seven [7] days before the proposal submission date. Anyrequest for clarification must be sent in writing by paper mail, cable,telex, facsimile orelectronic mail to the Clients address indicated inthe Appendix ITC. The Client will respond by cable, telex, facsimileor electronic mail to such requests and will send written copies of the

response (including an explanation of the query but without identifyingthe source of inquiry) to all invited consultants who intend to submitproposals.

2.2.2 At any time before the submission of proposals, the Client may for anyreason, whether at his own initiative or in response to a clarificationrequested by an invited firm, amend the RFP. Any amendment shallbe issued in writing through addenda. Addenda shall be sent by mail,cable, telex or facsimile to all invited consultants and will be bindingon them. The Client may at his discretion extend the deadline for thesubmission of proposals.

2.3 Preparation of Technical Proposal

2.3.1The Consultants proposal shall be written in English language

2.3.2In preparing the Technical Proposal, consultants are expected toexamine the documents constituting this RFP in detail. Materialdeficiencies in providing the information requested may result inrejection of a proposal.

2.3.3While preparing the Technical Proposal, consultants must giveparticular attention to the following:

(i) If a firm considers that it does not have all the expertise for theassignment, it may obtain a full range of expertise byassociating with individual consultant(s) and/or other firms orentities in a joint venture or sub-consultancy as appropriate.Consultants shall not associate with the other consultantsinvited for this assignment. Any firms associating incontravention of this requirement shall automatically bedisqualified.

(ii) For assignments on a staff-time basis, the estimated number ofprofessional staff-time is given in the Appendix. The proposalshall however be based on the number of professional staff-timeestimated by the firm.

(iii) It is desirable that the majority of the key professional staffproposed be permanent employees of the firm or have anextended and stable working relationship with it.

(iv) Proposed professional staff must as a minimum, have theexperience indicated in Appendix, preferably working underconditions similar to those prevailing in Kenya.


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(v) Alternative professional staff shall not be proposed and only oneCurriculum Vitae (CV) may be submitted for each position.

2.3.4The Technical Proposal shall provide the following information usingthe attached Standard Forms;

(i) A brief description of the firms organization and an outline of

recent experience on assignments of a similar nature. For eachassignment the outline should indicate inter alia,the profiles ofthe staff proposed, duration of the assignment, contract amountand firms involvement.

(ii) Any comments or suggestions on the Terms of Reference, a list ofservices and facilities to be provided by the Client.

(iii) A description of the methodology and work plan for performingthe assignment.

(iv)

The list of the proposed staff team by specialty, the tasks thatwould be assigned to each staff team member and their timing.

(v) CVs recently signed by the proposed professional staff and theauthorized representative submitting the proposal. Keyinformation should include number of years working for thefirm/entity and degree of responsibility held in variousassignments during the last ten (10) years.

(vi) Estimates of the total staff input (professional and support staffstaff-time) needed to carry out the assignment supported by barchart diagrams showing the time proposed for each professionalstaff team member.

(vii) A detailed description of the proposed methodology, staffing andmonitoring of training, if Appendix A specifies training as amajor component of the assignment.

(viii) Any additional information requested in Appendix A.

2.3.5The Technical Proposal shall not include any financial information.

2.4 Preparation of Financial Proposal

2.4.1In preparing the Financial Proposal, consultants are expected to takeinto account the requirements and conditions outlined in the RFPdocuments. The Financial Proposal should follow Standard Forms (Section D). It lists all costs associated with the assignment including;(a) remuneration for staff (in the field and at headquarters), and; (b)reimbursable expenses such as subsistence (per diem, housing),transportation (international and local, for mobilization anddemobilization), services and equipment (vehicles, office equipment,


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furniture, and supplies), office rent, insurance, printing of documents,surveys, and training, if it is a major component of the assignment. Ifappropriate these costs should be broken down by activity.

2.4.2The Financial Proposal should clearly identify as a separate amount,the local taxes, duties, fees, levies and other charges imposed underthe law on the consultants, the sub-consultants and their personnel,unless Appendix A specifies otherwise.

2.4.3Consultants shall express the price of their services in Kenya Shillings.

2.4.4Commissions and gratuities, if any, paid or to be paid by consultantsand related to the assignment will be listed in the Financial Proposalsubmission Form.

2.4.5The Proposal must remain valid for 120days after the submissiondate. During this period, the consultant is expected to keep available,at his own cost, the professional staff proposed for the assignment.The Client will make his best effort to complete negotiations within this

period. If the Client wishes to extend the validity period of theproposals, the consultants shall agree to the extension.

2.5 Submission, Receipt, and Opening of Proposals

2.5.1The original proposal (Technical Proposal and, if required, FinancialProposal; see paragraph 2.5.2) shall be prepared in indelible ink. Itshall contain no interlineation or overwriting, except as necessary tocorrect errors made by the firm itself. Any such corrections must beinitialed by the persons or person authorised to sign the proposals.

2.5.2For each proposal, the consultants shall prepare the number of copiesindicated in Appendix A. Each Technical Proposal and Financial

Proposal shall be marked ORIGINALor COPY as appropriate. Ifthere are any discrepancies between the original and the copies of theproposal, the original shall govern.

2.5.3The original and all copies of the Technical Proposal shall be placed in

a sealed envelope clearly marked TECHNICALPROPOSAL, and theoriginal and all copies of the Financial Proposal in a sealed envelope

clearly marked FINANCIAL PROPOSAL and warning: DO NOTOPEN WITH THE TECHNICAL PROPOSAL. Both envelopes shallbe placed into an outer envelope and sealed. This outer envelope shallbear the submission address and other information indicated in the

Appendix ITC and be clearly marked, DO NOT OPEN, EXCEPT INPRESENCE OF THE OPENING COMMITTEE.

2.5.4The completed Technical and Financial Proposals must be delivered atthe submission address on or before the time and date stated in theAppendix ITC. Any proposal received after the closing time for


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submission of proposals shall be returned to the respective consultantunopened.

2.5.5After the deadline for submission of proposals, the Technical Proposalshall be opened immediately by the opening committee. The FinancialProposal shall remain sealed and deposited with a responsible officer ofthe client department up to the time for public opening of financialproposals.

2.6 Proposal Evaluation General

2.6.1From the time the bids are opened to the time the Contract is awarded,if any consultant wishes to contact the Client on any matter related tohis proposal, he should do so in writing at the address indicated in theAppendix ITC. Any effort by the firm to influence the Client in theproposal evaluation, proposal comparison or Contract award decisionsmay result in the rejection of the consultants proposal.

2.6.2Evaluators of Technical Proposals shall have no access to the Financial

Proposals until the technical evaluation is concluded.

2.7 Evaluation of Technical Proposal

2.7.1The evaluation committee appointed by the Client shall evaluate theproposals on the basis of their responsiveness to the Terms ofReference, applying the evaluation criteria as follows

Points(i) Specific experience of the consultant

related to the assignment (5-10)(ii) Adequacy of the proposed work plan and

methodology in responding to the termsof reference (20-40)

(iii) Qualifications and competence of the keystaff for the assignment (30-40)

(iv) Suitability to the transfer of TechnologyProgramme (Training) (0-10)

Total Points 100__

Each responsive proposal will be given a technical score (St). A

proposal shall be rejected at this stage if it does not respond toimportant aspects of the Terms of Reference or if it fails to achieve theminimum technical score indicated in the Appendix ITC.

2.8 Public Opening and Evaluation of Financial Proposal

2.8.1After Technical Proposal evaluation, the Client shall notify thoseconsultants whose proposals did not meet the minimum qualifyingmark or were considerednone-responsive to the RFP and Terms of Reference, indicating thattheir Financial Proposals will be returned after completing the selectionprocess. The Client shall simultaneously notify the consultants whohave secured the minimum qualifying mark, indicating the date and


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time set for opening the Financial Proposals and stating that theopening ceremony is open to those consultants who choose to attend.The opening date shall not be sooner than seven (7) days after thenotification date. The notification may be sent by registered letter,cable, telex, facsimile or electronic mail.

2.8.2The Financial Proposals shall be opened publicly in the presence of theconsultants representatives who choose to attend. The name of the

consultant, the technical. Scores and the proposed prices shall be readaloud and recorded when the Financial Proposals are opened. TheClient shall prepare minutes of the public opening.

2.8.3The evaluation committee will determine whether the financialproposals are complete (i.e. Whether the consultant has costed all theitems of the corresponding Technical Proposal and correct anycomputational errors. The cost of any unpriced items shall beassumed to be included in other costs in the proposal. In all cases, thetotal price of the Financial Proposal as submitted shall prevail.

2.8.4

While comparing proposal prices between local and foreign firmsparticipating in a selection process in financial evaluation of Proposals,firms incorporated in Kenya where indigenous Kenyans own 51% ormore of the share capital shall be allowed a 10% preferential bias inproposal prices. However, there shall be no such preference in thetechnical evaluation of the tenders. Proof of local incorporation andcitizenship shall be required before the provisions of this sub-clauseare applied. Details of such proof shall be attached by the Consultantin the financial proposal.

2.8.5The formulae for determining the Financial Score (Sf) shall, unless analternative formulae is indicated in the Appendix ITC, be as follows:-

Sf = 100 X FM/Fwhere Sf is the financial score; Fm is the lowest pricedfinancial proposal and F is the price of the proposal underconsideration. Proposals will be ranked according to their combinedtechnical (St)and financial (Sf)scores using the weights (T=the weightgiven to the Technical Proposal: P= the weight given to the FinancialProposal; T +p = I) indicated in the Appendix. The combined technicaland financial score, S, is calculated as follows:- S = Stx T % + Sfx P %.The firm achieving the highest combined technical and financial scorewill be invited for negotiations.

2.8.6

The tender evaluation committee shall evaluate the tender within 30days of from the date of opening the tender.

2.8.7Contract price variations shall not be allowed for contracts notexceeding one year (12 months).

2.8.8Where contract price variation is allowed, the variation shall not exceed10% of the original contract price

2.8.9Price variation requests shall be processed by the procuring entity

within 30 days of receiving the request.

2.9 Negotiations


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2.9.1Negotiations will be held at the same address as address to sendinformation to the Client indicated in the Appendix ITC. The aim isto reach agreement on all points and sign a contract.

2.9.2Negotiations will include a discussion of the Technical Proposal, theproposed methodology (work plan), staffing and any suggestions madeby the firm to improve the Terms of Reference. The Client and firm will

then work out final Terms of Reference, staffing and bar chartsindicating activities, staff periods in the field and in the head office,staff-months, logistics and reporting. The agreed work plan and finalTerms of Reference will then be incorporated in the Description ofServices and form part of the Contract. Special attention will be paidto getting the most the firm can offer within the available budget and toclearly defining the inputs required from the Client to ensuresatisfactory implementation of the assignment.

2.9.3Unless there are exceptional reasons, the financial negotiations will notinvolve the remuneration rates for staff (no breakdown of fees).

2.9.4Having selected the firm on the basis of, among other things, anevaluation of proposed key professional staff, the Client expects tonegotiate a contract on the basis of the experts named in the proposal.Before contract negotiations, the Client will require assurances thatthe experts will be actually available. The Client will not considersubstitutions during contract negotiations unless both parties agreethat undue delay in the selection process makes such substitutionunavoidable or that such changes are critical to meet the objectives ofthe assignment. If this is not the case and if it is established that keystaff were offered in the proposal without confirming their availability,the firm may be disqualified.

2.9.5The negotiations will conclude with a review of the draft form of theContract. To complete negotiations the Client and the selected firmwill initial the agreed Contract. If negotiations fail, the Client willinvite the firm whose proposal received the second highest score tonegotiate a contract.

2.9.6The procuring entity shall appoint a team for the purpose of thenegotiations.

2.10 Award of Contract

2.10.1 The Contract will be awarded following negotiations. Afternegotiations are completed, the Client will promptly notify otherconsultants on the shortlist that they were unsuccessful and returnthe Financial Proposals of those consultants who did not pass thetechnical evaluation.

2.10.2 The selected firm is expected to commence the assignment on thedate and at the location specified in Appendix A.


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2.10.3The parties to the contract shall have it signed within 30 days fromthe date of notification of contract award unless there is anadministrative review request.

2.10.4 The procuring entity may at any time terminate procurementproceedings before contract award and shall not be liable to anyperson for the termination.

2.10.5The procuring entity shall give prompt notice of the termination to thetenderers and on request give its reasons for termination within 14days of receiving the request from any tenderer.

2.10.6To qualify for contract awards, the tenderer shall have the following:(a)Necessary qualifications, capability experience, services, equipment

and facilities to provide what is being procured.(b)Legal capacity to enter into a contract for procurement(c)Shall not be insolvent, in receivership, bankrupt or in the process

of being wound up and is not the subject of legal proceedingsrelating to the foregoing.

(d)

Shall not be debarred from participating in public procurement.

2.11 Confidentiality

2.11.1Information relating to evaluation of proposals and recommendationsconcerning awards shall not be disclosed to the consultants whosubmitted the proposals or to other persons not officially concernedwith the process, until the winning firm has been notified that it hasbeen awarded the Contract.

2.12 Corrupt or fraudulent practices

2.12.1The procuring entity requires that the consultants observe the higheststandards of ethics during the selection and award of the consultancycontract and also during the performance of the assignment. Thetenderer shall sign a declaration that he has not and will not beinvolved in corrupt or fraudulent practices.

2.12.2The procuring entity will reject a proposal for award if it determinesthat the consultant recommended for award has engaged in corruptor fraudulent practices in competing for the contract in question.

2.12.3 Further a consultant who is found to have indulged in corrupt orfraudulent practices risks being debarred from participating in publicprocurement in Kenya.


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Appendix to information to consultants

Notes on the Appendix to Information to Consultants

1.The Appendix to information to consultant is intended to assist theprocuring entity in providing specific information in relation tocorresponding claims in the information to consultants included inSection II and the appendix has to be prepared for each specificconsultancy.

2.The Procuring entity should specify in the appendix information andrequirements specific to the circumstances of the procuring entity, the

assignment of the consultancy and the proposals evaluation criteriathat will apply to the RFP Consultancy.

3. In preparing the appendix the following aspects should be taken intoconsideration.

(a) The information that specifies or complements provisions ofSection II to be incorporated.

(b) Amendments of Section II as necessitated by thecircumstances of the specific consultancy to be alsoincorporated.

(c) Section II should remain unchanged and any changes oramendments should be introduced through the appendix.


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2.3.4(vii) Training is a specific component of this assignment: No

(viii) Additional information in the Technical Proposal includes: None

2.4.2Taxes: The Consultant shall be liable to pay all taxes, duties andlevies including VAT and withholding tax in accordance with thelaws of Kenya and the Client shall not reimburse any amount paid

in this context.

2.5.2Consultants must submit one (1) original and one (1) copy of boththe technical and financial proposal.

2.5.3The proposal submission address is:

The Secretary/Tender CommitteeKenya National Highways AuthorityBlue Shield Towers, Hospital Road, Upper Hill, 1st Floor

P.O Box 49712-00100Nairobi

Information on the outer envelope should also include: The TenderNumber and Tender Name.

2.5.4Proposals must be submitted no later than the following date and time:Tuesday 12thAugust, 2014 at 11.00 am.

2.6.1The address to send information to the Client is:

The Secretary/Tender CommitteeKenya National Highways AuthorityBlue Shield Towers, Hospital Road, Upper Hill, 1st FloorP.O Box 49712-00100Nairobi

2.7.1The minimum technical score required to pass: 75 points

2.8.5The weights given to the Technical and Financial Proposals are:

Technical (T) = (0.80) Financial (P) = (0.20)

2.10.2 The assignment is expected to commence immediately aftercontract signing by both parties.


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bachelors degree in a relevant field and at least 5years experience in statistics, research or projectmanagement; including at least two assignments

related to market surveys

mks

Experience 15mks

b. Key staff to undertake the survey:At least two other key staff should possess a diplomain a relevant field and 5 years experience in statistics,

research or project management; and should havehandled at least two assignments related to market

survey

Qualifications5mks

15

Experience 10mks

GRAND TOTAL 100

N.B The firm (s)/consultant(s) achieving the minimum pass mark of 75 shall have its

financial proposal opened in accordance with the Information to Consultants.


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SECTION III: - TECHNICAL PROPOSAL

Notes on the preparation of the Technical Proposals

3.1

In preparing the technical proposals the consultant is expected toexamine all terms and information included in the RFP. Failure toprovide all requested information shall be at the consultants own riskand may result in rejection of the consultants proposal.

3.2 The technical proposal shall provide all required information and anynecessary additional information and shall be prepared using thestandard forms provided in this Section.

3.3 The Technical proposal shall not include any financial information

unless it is allowed in the Appendix to information to the consultantsor the Special Conditions of contract.


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SECTION III - TECHNICAL PROPOSAL


1. Technical proposal submission form.22

2. Firms references..23

3. Comments and suggestions of consultants on the..24Terms of reference and on data, services andfacilities to be provided by the procuring entity

4. Description of the methodology and work plan25for performing the assignment

5. Team composition and Task assignments.26

6. Format of curriculum vitae (CV) for proposed..27Professional staff

7. Time schedule for professional personnel..29

8. Activity (work schedule)...30


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1. TECHNICAL PROPOSAL SUBMISSION FORM

[_______________Date]

To:______________________[Name and address of Client)

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for_________________________________________________[Title of consultingservices] in accordancewith your Request for Proposal dated ______________________[Date] and ourProposal. We are hereby submitting our Proposal, which includes thisTechnical Proposal, [and a Financial Proposal sealed under a separateenvelope-where applicable].

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

We remain,

Yours sincerely,

_______________________________[Authorized Signature]:

_____________________________[Name and Title of Signatory]:

____________________________[Name of Firm]:

_________________________________[Address:]


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3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THETERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TOBE PROVIDED BY THE CLIENT.

On the Terms of Reference:

1.

2.

3.

4.

5.

On the data, services and facilities to be provided by the Client:

1.

2.

3.

4.

5.


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4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FORPERFORMING THE ASSIGNMENT


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5. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task


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6. FORMAT OF CURRICULUM VITAE (CV) FORPROPOSEDPROFESSIONAL STAFF

Proposed Position:_____________________________________________________________

Name of Firm:_________________________________________________________________

Name of Staff:__________________________________________________________________

Profession:_____________________________________________________________________

Date of Birth:__________________________________________________________________

Years with Firm: ___________________________ Nationality:______________________

Membership in Professional Societies:__________________________________________

Detailed Tasks Assigned:_______________________________________________________

Key Qualifications:

[Give an outline of staff members experience and training most pertinent to tasks onassignment. Describe degree of responsibility held by staff member on relevant previousassignments and give dates and locations].

Education:

[Summarize college/university and other specialized education of staff member, giving names

of schools, dates attended and degree[s] obtained.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positionsheld by staff member since graduation, giving dates, names of employing organizations, titlesof positions held, and locations of assignments.]


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Certification:

I, the undersigned, certify that these data correctly describe me, myqualifications, and my experience.

_________________________________________________________ Date:________________[Signature of staff member]

___________________________________________________________________ Date; ______________

[Signature of authorised representative of the firm]

Full name of staff member:_____________________________________________________

Full name of authorized representative:_________________________________________


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7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12

Number ofmonths

Reports Due: _________

Activities Duration: _________

Signature: ________________________(Authorized representative)

Full Name: ________________________

Title: ______________________________

Address: ___________________________


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8. ACTIVITY (WORK) SCHEDULE

(a). Field Investigation and Study Items

[1st,2nd,etc, are months from the start of assignment)

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Activity (Work)

(b). Completion and Submission of Reports

Reports Date

1. Inception Report

4.

Interim Progress Report(a)

First Status Report(b)

Second Status Report

3. Draft Report

4. Final Report


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SECTION IV: - FINANCIAL PROPOSAL

Notes on preparation of Financial Proposal

4.1 The Financial proposal prepared by the consultant should list the costsassociated with the assignment. These costs normally coverremuneration for staff, subsistence, transportation, services and

equipment, printing of documents, surveys etc as may be applicable.The costs should be broken done to be clearly understood by theprocuring entity.

4.2 The financial proposal shall be in Kenya Shillings or any othercurrency allowed in the request for proposal and shall take intoaccount the tax liability and cost of insurances specified in the requestfor proposal.

4.3 The financial proposal should be prepared using the Standard forms

provided in this part.


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SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS


1. Financial proposal submission Form..33

2.

Summary of costs34

3. Breakdown of price/per activity35

4. Breakdown of remuneration per activity36

5. Reimbursables per activity.37

6. Miscellaneous expenses38


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1. FINANCIAL PROPOSAL SUBMISSION FORM

________________[ Date]

To: __________________________________________________________________________________________________________________

[Name and address of Client]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for(____________) [Title of consulting services]in accordance with your Request forProposal dated (__________________) [Date]and our Proposal. Our attachedFinancial Proposal is for the sum of(_________________________________________________________________) [Amountin words and figures] inclusive of the taxes.

We remain,

Yours sincerely,

_____________________________[Authorized Signature]:

_____________________ [Name and Title of Signatory]:

_______________________ [Name of Firm]

______________________ [Address]


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2. SUMMARY OF COSTS

Costs Currency(ies) Amount(s)

Subtotal

Taxes

Total Amount of Financial Proposal __________________


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3. BREAKDOWN OF PRICE PER ACTIVITY

Activity NO.: _______________________ Description:_________________________

Price Component Amount(s)

Remuneration

Reimbursables

Miscellaneous Expenses

Subtotal _______________________________


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4. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No. _________________________________ Name:_______________________

Names Position Input(Staff months, Remuneration Amountdays or hours Rate

as appropriate.)

Regular staff

(i)(ii)

Consultants

Grand Total ______________


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5. REIMBURSABLES PER ACTIVITY

Activity No: ________________________________Name:______________________

No. Description Unit Quantity Unit Price Total Amount

1.

2

3.

4.

Air travel

Road travel

Rail travel

SubsistenceAllowance

Grand Total

Trip

Kms

Kms

Day____________


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6. MISCELLANEOUS EXPENSES

Activity No. ______________________________ Activity Name:_______________________

No.

1.

2.

3.

4.

Description

Communication costs____

_________________________(telephone, telegram, telex)

Drafting, reproduction ofreports

Equipment: computers etc.

Software

Grand Total

Unit Quantity Unit Price Total Amount

______________


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5.2 TERMS OF REFERENCE FOR MARKET SURVEY

1.0 BACKGROUND INFORMATION

The Government of Kenya enacted the Public Procurement and Disposal Act,

2005 for the purpose of establishing procedures that govern procurement of

goods, works and services and disposal of unserviceable, obsolete or surplus

equipment by public entities in order to:-

a. Maximize economy and efficiency

b. Promote competition and ensure fair treatment for all competitors

c. Promote integrity and fairness

d. Increase transparency and accountability

e. Increase public confidence, and

f. Promotion local industry and economic development.

Given the dynamic nature of the need to satisfy customers in real time, and

the dynamics of technological changes, new and better ideas keep on

emerging. Therefore, there is need for continuous improvement of the public

procurement and disposal systems through research and development.

One of the biggest challenges that face procurement of commonly used items

is the rapid and erratic change in prices due to inflation. As a result of this,

there is need to establish a reliable and realistic prevailing market prices of

commonly used items that the Authority requires from time to time. This canonly be realized through effective market surveys that can inform appropriate

decision making by the Tender & Procurement Committees.

1.1 OBJECTIVE

The objective of the consultancy is to prepare a comprehensive market

survey report to enable the Authority achieve value for money by procuring

commonly used items at prevailing market prices.

1.2 SCOPE OF SERVICES

The consultancy will involve all the commonly used items by KeNHA both in

the Headquarters and the Regions. The exercise will include but not limited

to the following:

a. Refine and standardize generic descriptions and specifications (inconsultation with KeNHA) for commonly used items;

b. Development of data collection instruments for the compilation ofmarket price information;

c.

Identify and establish (in consultation with KeNHA) a comprehensivelist of commonly used items which will be included in the database;


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d. Collect market price data on the comprehensive list of commonly useditems identified in c above;

e. Produce a hard and soft copy of comprehensive market surveyreport/price reference guide;

f. The consultant is expected to give prices for items to be procured bythe client (HQ and Regions) which are not in the comprehensivemarket survey report as when required and continually update thecomprehensive list as and when new items are requisitioned for.

1.3 EXPECTED OUTPUTS/DELIVERABLES

The consultant is expected to prepare a comprehensive Market Survey

Report/Market Reference Guide detailing the list of commonly used items

and their indicative prices both for the Headquarters and Regions.

1.4 REPORTING REQUIREMENTS

The Consultant shall be required to submit a report on the 15thday of the

ensuing quarter. The report is to be submitted on quarterly basis as agreedby the client based on 24 months contract period.

1.5 KeNHA OFFICES

S/No. Office Location

1 Headquarters Blue Shield Towers

2 Nairobi Region Industrial Area

3 Lower Eastern Region Machakos

4 Central Region Nyeri

5 North Eastern Garissa6 Upper Eastern Isiolo

7 Coast Region Mombasa

8 South Rift Region Nakuru

9 North Rift Region Eldoret

10 Nyanza Region Kisumu

11 Western Region Kakamega


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SECTION VI:

STANDARD FORM OF CONTRACT

ANNEX ISMALL ASSIGNMENTS (LUMP-SUMPAYMENTS)

NOTE

1.SMALL ASSIGNMENT _____Not exceeding Ksh.5,000,000


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SECTION VII: GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the following

termswhenever used in this Contract shall have thefollowing meanings:

(a) Applicable Law means the laws and anyother instruments having the force of law inthe Republic of Kenya as they may be issuedand in force from time to time;

(b) Contract means the Contract signed by theParties, to which these General Conditions ofContract (GC) are attached together with allthe documents listed in Clause 1 of suchsigned Contract;

(c) Contract Price means the price to be paid forthe performance of the Services in accordancewith Clause 6 herebelow;

(d) Foreign Currency means any currency otherthan the Kenya Shilling;

(e) GC means these General Conditions ofContract;

(f) Government means the Government of theRepublic of Kenya;

(g) Local Currency means the Kenya Shilling;

(h) Member, in case the Consultant consists of ajoint venture of more than one entity, meansany of these entities; Members means allthese entities, and Member in Charge meansthe entity specified in the SC to act on theirbehalf in exercising all the Consultants rightsand obligations towards the Client under thisContract;

(i) Party means the Client or the Consultant, asthe case may be and Parties means both ofthem;


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Kenya, the amount of which is deemed to have beenincluded in the Contract Price.

2. COMMENCEMENT, COMPLETION, MODIFICATION ANDTERMINATION OFCONTRACT

2.1 Effectiveness of This Contract shall come into effect on the date theContract Contract is signed by both Parties or such other

later date as may be stated in the SC.

2.2 Commencement The Consultant shall begin carrying out the Servicesof Services thirty (30) days after the date the Contract becomes

effective or at such other date as may be specified inthe SC.

2.3 Expiration of Unless terminated earlier pursuant to Clause 2.6,this

Contract Contract shall terminate at the end of such time

period, after the Effective Date, as is specified in theSC.

2.4 Modification Modification of the terms and Conditions of thisContract, including any modification of the scope ofthe Services or the Contract Price, may only be madeby written agreement between the Parties.

2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, Force Majeuremeans

an event which is beyond the reasonable control of aParty and which makes a Partys performance of itsobligations under the Contract impossible or soimpractical as to be considered impossible under thecircumstances.

2.5.2 No Breach The failure of a Party to fulfill any of its obligationsunder

of ContracttheContract shall not be considered to be a breach

of, or default under, this Contract insofar as suchinability arises from an event of Force Majeure,provided that the Party affected by such an event (a)has taken all reasonable precautions, due care andreasonable alternative measures in order to carryout the terms and conditions of this Contract, and(b) has informed the other Party as soon as possibleabout the occurrence of such an event.

2.5.3 Extension Any period within which a Party shall, pursuant tothis

Of Time Contract complete any action or task shall beextended for a period equal to the time during which


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such Party was unable to perform such action as aresult of Force Majeure.

2.5.4 Payments During the period of his inability to perform theServices as a result of an event of Force Majeure, theConsultant shall be entitled to continue to be paidunder the terms of this Contract, as well as to bereimbursed for additional costs reasonably and

necessarily incurred by him during such period forthe purposes of the Services and in reactivating theService after the end of such period.

2.6 Termination

2.6.1 By theclient The Client may terminate this Contract by not less

than thirty (30) days written notice of termination tothe Consultant, to be given after the occurrence ofany of the events specified in this Clause;

(a) if the Consultant does not remedy a failure inthe performance of his obligations under theContract within thirty (30) days after beingnotified or within any further period as theClient may have subsequently approved inwriting;

(b) if the Consultant becomes insolvent orbankrupt;

(c)

if, as a result of Force Majeure, the Consultantis unable to perform a material portion of theServices for a period of not less than sixty (60)days; or

(d) if the Consultant, in the judgement of theClient, has engaged in corrupt or fraudulentpractices in competing for or in executing theContract.

For the purpose of this clause;

corrupt practice means the offering, giving,receiving or soliciting of any thing of value toinfluence the action of a public official in theselection process or in Contract execution.

fraudulent practice means amisrepresentation of facts in order to influencea selection process or the execution ofContract to the detriment of the Client, andincludes collusive practice among consultants(prior to or after submission of proposals)


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designed to establish prices at artificial non-competitive levels and to deprive the Client ofthe benefits of free and open competition.

(e) if the Client in his sole discretion decides toterminate this Contract.

2.6.2 By the The Consultant may terminate this Contract by not

less Consultant than thirty (30) days written notice to the Client,such notice to be given after the occurrence of any ofthe following events;

(a) if the Client fails to pay any monies due to theConsultant pursuant to this Contract and notsubject to dispute pursuant to Clause 7 withinsixty (60) days after receiving written noticefrom the Consultant that such payment isoverdue; or

(b) if, as a result of Force Majeure, the Consultantis unable to perform a material portion of theServices for a period of not less than sixty (60)days.

2.6.3 Payment Upon termination of this Contract pursuant to Clausesupon 2.6.1 or 2.6.2, the Client shall make the followingTermination payments to the Consultant:

(a) remuneration pursuant to Clause 6 forServices satisfactorily performed prior to theeffective date of termination;

(b) except in the case of termination pursuant toparagraphs (a) and (b) of Clause 2.6.1,reimbursement of any reasonable costsincident to the prompt and orderly terminationof the Contract, including the cost of thereturn travel of the Personnel and their eligibledependents.

3.

OBLIGATIONS OF THE CONSULTANT3.1 General The Consultant shall perform the Services and carry out

his obligations with all due diligence, efficiency andeconomy in accordance with generally acceptedprofessional techniques and practices and shall observesound management practices, and employ appropriateadvanced technology and safe methods. The Consultantshall always act, in respect of any matter relating to thisContract or to the Services, as faithful adviser to the Clientand shall at all times support and safeguard the Clients

legitimate interests in any dealing with Sub consultants orthird parties.


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3.2.1 Consultant (i) The remuneration of the Consultant pursuant toNot to Clause 6 shall constitute the Consultants sole

Benefit from remuneration in connection with this Contract orCommissions, the Services and the Consultant shall not acceptDiscounts, for his own benefit any trade commission,

Etc. discount or similar payment in connection withactivities pursuant to this Contract or to the

Services or in the discharge of his obligations

under the Contract and the Consultant shalluse his best efforts to ensure that hispersonnel, any sub consultant[s] and agents ofeither of them similarly shall not receive anysuch additional remuneration.

(ii) For a period of two years after the expiration ofthis Contract, the Consultant shall not engageand shall cause his personnel as well as hissub consultant[s] and his/their personnel notto engage in the activity of a purchaser

(directly or indirectly) of the assets on whichhe advised the Client on this Contract norshall he engage in the activity of an adviser(directly or indirectly) of potential purchasersof such assets.

(iii) Where the Consultant as part of the Serviceshas the responsibility of advising the Client onthe procurement of goods, works or services,the Consultant will comply with any applicableprocurement guidelines and shall at all timesexercise such responsibility in the bestinterest of the Client. Any discounts orcommissions obtained by the Consultant inthe exercise of such procurement shall be forthe account of the Client.

3.2.2 Consultant The Consultant agrees that, during the term of thisand Contract and after its termination, the ConsultantAffiliates and his affiliates, as well as any SubconsultantNot to be and any of his affiliates, shall be disqualified from

Otherwise providing goods, works or services (other than theInterested in Services and any continuation thereof) for anyProject project resulting from or closely related to the

Services.

3.2.3 Prohibition Neither the Consultant nor his subconsultant[s]of nor their personnel shall engage, either directly orConflicting indirectly in any of the following activities:

Activities(a) during the term of this Contract, any

business or professional activities in theRepublic of Kenya which would conflict


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with the activities assigned to themunder this Contract; or

(b) after the termination of this Contract,such other activities as may be specifiedin the SC.

3.3 Confidentiality The Consultant, his subconsultant[s] and the

personnel of either of them shall not, either duringthe term of this Contract or within two (2) years afterthe expiration of this Contract, disclose anyproprietary or confidential information relating tothe Project, the Services, this Contract or the Clientsbusiness or operations without the prior writtenconsent of the Client.

3.4 Insurance to be The Consultant (a) shall take out and maintainTaken Out by theand shall cause any subconsultant[s] to take outConsultant and maintain, at his (or the subconsultants, as the

case may be) own cost but on terms and conditionsapproved by the Client, insurance against the risksand for the coverage, as shall be specified in the SC;and (b) at the Clients request, shall provide evidenceto the Client showing that such insurance has beentaken out and maintained and that the currentpremiums have been paid.

3.5 Consultants The Consultant shall obtain the Clients priorActions Requiring approval in writing before taking any of theClients Prior following actions;Approval

(a) entering into a subcontract for theperformance of any part of the Services,

(b) appointing such members of the personnelnot listed by name in Appendix C (KeyPersonnel and Subconsultants).

3.6 Reporting The Consultants shall submit to the Client the reportsObligations and documents specified in Appendix A in the form, in

the numbers, and within the periods set forth in the

said Appendix.

3.7 Documents All plans, drawings, specifications, designs, reports andprepared by other documents and software submitted by the Consult-the Consult- ant in accordance with Clause 3.6 shall become andant to Be remain the property of the Client and the Consultant

the Property shall, not later than upon termination or expiration of thisof the Client Contract, deliver all such documents and software to the

Client together with a detailed inventory thereof. TheConsultant may retain a copy of such documentsand software. Neither Party shall use thesedocuments for purposes unrelated to this Contractwithout the prior approval of the other Party.


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4. CONSULTANTS PERSONNEL

4.1 Description The titles, agreed job descriptions, minimum qualifica-of Personnel tions and estimated periods of engagement in the carrying

out of the Services of the Consultants Key Personnel aredescribed in Appendix C. The Key Personnel and Subconsultants listed by title as well as by name in Appendix

C are hereby approved by the Client.

4.2 Removal (a) Except as the Client may otherwise agree, no changesand/or shall be made in the Key Personnel. If for any reasonReplacement beyond the reasonable control of the Consultant, itOf Personnel becomes necessary to replace any of the Key

Personnel, the Consultant shall provide as areplacement a person of equivalent or betterqualifications.

(b) If the Client finds that any of thePersonnel have (i) committed seriousmisconduct or have been charged withhaving committed a criminal action, or(ii) the Client has reasonable cause to bedissatisfied with the performance of anyof the Personnel, then the Consultantshall, at the Clients written requestspecifying the grounds thereof, provideas a replacement a person with

qualifications and experience acceptableto the Client.

(c) The Consultant shall have no claim foradditional costs arising out of orincidental to any removal and/orreplacement of Personnel.

5.OBLIGATIONS OF THE CLIENT5.1 Assistance and The Client shall use his best efforts to ensure that Exemptions he provides the Consultant such assistance

and exemptions as may be necessary for dueperformance of this Contract.

5.2 Change in the If after the date of this Contract, there is any

Applicable Law change in the Laws of Kenya with respect to taxesand duties which increases or decreases thecost of the Services rendered by theConsultant, then the remuneration andreimbursable expenses otherwise

payable to the Consultant under this Contractshall be increased or decreased accordingly byagreement between the Parties and


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corresponding adjustments shall be made tothe amounts referred to in Clause 6.2 (a) or(b), as the case may be.

5.3 Services and Facilities The Client shall make available to theConsultant the Services and Facilities listedunder Appendix F.

6.

PAYMENTS TO THE CONSULTANT

6.1 Lump-Sum The Consultants total remuneration shall notRemuneration exceed the Contract Price and shall be a fixed

lump-sum including all staff costs,Subconsultants costs, printing,communications, travel, accommodation andthe like and all other costs incurred by theConsultant in carrying out the Servicesdescribed in Appendix A. Except as providedin Clause 5.2, the Contract Price may only be

increased above the amounts stated in Clause6.2 if the Parties have agreed to additionalpayments in accordance with Clause 2.4.

6.2 Contract Price (a) The price payable in foreign currency is setforth in the SC.

(b) The price payable in local currency is setforth in the SC.

6.3 Payment for For the purposes of determining the remunerationAdditional due for additional services as may be agreed underServices Clause 2.4, a breakdown of the lump-sum price is

provided in Appendices D and E.

6.4 Terms and Payments will be made to the account of theConditions of Consultant and according to the payment

Payment schedule stated in the SC. Unless otherwise stated inthe SC, the first payment shall be made against theprovision by the Consultant of a bank guarantee forthe same amount and shall be valid for the period

stated in the SC. Any other payment shall be madeafter the conditions listed in the SC for such paymenthave been met and the Consultant has submitted aninvoice to the Client specifying the amount due.

6.5 Interest on Payment shall be made within thirty (30) days ofDelayed receipt of invoice and the relevant documentsPayment specified in Clause 6.4. If the Client has

delayed payments beyond thirty (30) days afterthe due date hereof, simple interest shall be

paid to the Consultant for each day of delay ata rate three percentage points above the


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prevailing Central Bank of Kenyas averagerate for base lending .

7.SETTLEMENT OF DISPUTES

7.1 Amicable Settlement The Parties shall use their best efforts to settleamicably all disputes arising out of or inconnection with this Contract or its

interpretation.

7.2 Dispute Settlement Any dispute between the Parties as to mattersarising pursuant to this Contract that cannotbe settled amicably within thirty (30) daysafter receipt by one Party of the other Partysrequest for such amicable settlement may bereferred by either Party to the arbitration andfinal decision of a person tobe agreed between the Parties. Failingagreement to concur in the appointment of an

Arbitrator, the Arbitrator shall be appointed bythe Chairman of the Chartered Institute ofArbitrators, Kenya Branch, on the request ofthe applying party.


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SECTION VIII: SPECIAL CONDITIONS OF CONTRACT

Number of GC Amendments of and Supplements to Clauses in theClause General Conditions of Contract

1.1(i) The Member in Charge is___________________________[name ofMember]

1.4 The addresses are:

Client:_____________________________________________

Attention:_____________________________________________Telephone:

_____________________________________________Telex;

_____________________________________________Facsimile:

_____________________________________________

Consultant:_____________________________________________Attention:

_____________________________________________Telephone;_____________________________________________Telex:

_____________________________________________Facsimile:

_____________________________________________

1.6 The Authorized Representatives are:

For the Client: _____________________________________________

For theConsultant:__________________________________________

2.1 The date on which this Contract shall come into effectis(_________________) [date].

Note:The date may be specified by reference to conditionsof effectiveness of the Contract, such as receipt byConsultants of advance payment and by Client of bankguarantee

2.2 The date for the commencement of Services is________[date]

2.3 The period shall be


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Note: Fill in the period, eg, twenty-four (24) months or suchother period as the Parties may agree in writing.

3.4 The risks and coverage shall be:

(i) Professional Liability___________________________________

(ii)

Loss of or damage to equipment and property_____________

6.2(a) The amount in foreign currency or currenciesis________________ [Insert amount].

6.2(b) The amount in local Currency is___________________ [Insertamount]

6.4 Payments shall be made according to the followingschedule:

Note: (a) This sample Clause should be specifically draftedfor each Contract (b) if the payment of foreign currency andof local currency does not follow the same schedule, add aseparate schedule for payment in local currency; and (c) ifapplicable, detail further the nature of the report evidencingperformance, as may be required, e.g., submission of studyor specific phase of study, survey, drawings, draft biddingdocuments, etc., as listed in Appendix B, ReportingRequirements

Ten (10) percent of the Contract Price shall be paid on thecommencement date against the submission of a bankguarantee for the same.

Ten (10) percent of the lump-sum amount shall be paid uponsubmission of the inception report.

Balance of the lump -sum amount shall be paid quarterly onprorata basis over the contract period upon approval of final

reports.


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ANNEX I

SAMPLE CONTRACT FOR CONSULTING SERVICES

Small AssignmentsLump-sum payments


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SAMPLE CONTRACT FOR CONSULTING SERVICESSMALL ASSIGNMENTSLUMP-SUM PAYMENTS

CONTRACT

This Agreement, [hereinafter called the Contract) is entered into this_____________[Insert starting date of assignment], by and between

________________________________________[Insert Clients name] of [or whoseregistered office is situatedat]____________________________________________[insertClientsaddress](hereinafter called the Client)of the one part AND

____________________________________________ [Insert Consultants name] of [orwhoseregisteredoffice is situatedat]_____________________________________[insertConsultantsaddress](hereinafter called the Consultant) of the other part.

WHEREAS the Client wishes to have the Consultant perform the services

[hereinafter referred to as the Services, and

WHEREAS the Consultant is willing to perform the said Services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services (i) The Consultant shall perform the Services specifiedin

Appendix A, Terms of Reference and Scope ofServices, which is made an integral part of thisContract.

(ii) The Consultant shall provide the personnel listed inAppendix B, Consultants Personnel, to performthe Services.

(iii) The Consultant shall submit to the Client thereports in the form and within the time periodsspecified in Appendix C, Consultants ReportingObligations.

2. Term The Consultant shall perform the Services during theperiod commencing on_____________ [Insert starting date]and continuing through to_____________ [Insert completiondate], or any other period(s) as may be subsequently agreedby the parties in writing.

3. Payment A. CeilingFor Services rendered pursuant to Appendix A, theClient shall pay the Consultant an amount not toexceed________________ [Insert amount].This amount has been

established based on the understanding that itincludes all of the Consultants costs and profits as


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well as any tax obligation that may be imposed onthe Consultant.

B. Schedule of Payments

The schedule of payments is specified below (Modifyin order to reflect the output required as describedin Appendix C.)

Kshs______________________ upon the Clients receiptof a copy of this Contract signed by the Consultant;

Kshs______________________ upon the Clients receiptof the draft report, acceptable to the Client; and

Kshs______________________ upon the Clients receiptof the final report, acceptable to the Client.

Kshs______________________ Total

C. Payment Conditions

Payment shall be made in Kenya Shillings unlessotherwise specified not later than thirty [30] daysfollowing submission by the Consultant of invoicesin duplicate to the Coordinator designated in Clause4 here below. If the Client has delayed paymentsbeyond thirty (30) days after the due date hereof,simple interest shall be paid to the Consultant foreach day of delay at a rate three percentage pointsabove the prevailing Central Bank of Kenyas averagerate for base lending.

4. Project A. Coordinator.Administration

The Client designates __________________[insert name]as Clients Coordinator; the Coordinator will beresponsible for the coordination of activities underthis Contract, for acceptance and approval of thereports and of other deliverables by the Client and

for receiving and approving invoices for payment.

B. Reports.

The reports listed in Appendix C, ConsultantsReporting Obligations, shall be submitted in thecourse of the assignment and will constitute thebasis for the payments to be made under paragraph3.

5. Performance The Consultant undertakes to perform the Serviceswith


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Standards the highest standards of professional and ethicalcompetence and integrity. The Consultant shallpromptly replace any employees assigned under thisContract that the Client considers unsatisfactory.

6. Confidentiality The Consultant shall not, during the term of thisContract and within two years after its expiration,disclose any proprietary or confidential information

relating to the Services, this Contract or the Clientsbusiness or operations without the prior writtenconsent of the Client.

7. Ownership of Any studies, reports or other material, graphic,software

Material or otherwise prepared by the Consultant for theClient under the Contract shall belong to andremain the property of the Client. The Consultantmay retain a copy of such documents and software.

8. Consultant Not The Consultant agrees that during the term of thisto be Engaged Contract and after its termination the Consultant

andin certain any entity affiliated with the Consultant shall beActivities disqualified from providing goods, works or services

(other than the Services and any continuationthereof) for any project resulting from or closelyrelated to the Services.

9. Insurance The Consultant will be responsible for taking outany appropriate insurance coverage.

10. Assignment The Consultant shall not assign this Contract orsub-contract any portion of it without the Clientsprior written consent.

11. Law Governing The Contract shall be governed by the laws of Kenyaand

Contract and the language of the Contract shall be EnglishLanguage.

Language

12. Dispute Any dispute arising out of the Contract whichcannot be

Resolution amicably settled between the parties shall bereferred by either party to the arbitration and finaldecision of a person to be agreed between theparties. Failing agreement to concur in theappointment of an Arbitrator, the Arbitrator shall beappointed by the chairman of the CharteredInstitute of Arbitrators, Kenya branch, on therequest of the applying party.


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FOR THE CLIENT FOR THECONSULTANT

Full name; ______________________________ Full name;______________________

Title: ____________________________________Title: ____________________________

Signature;_______________________________Signature;____________________

Date;____________________________________Date;_________________________


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LIST OF APPENDICES

Appendix A: Terms of Reference and Scope of Services

Appendix B:Consultants Personnel

Appendix C:Consultants Reporting Obligations


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LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity__________________________________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentionedtender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying youracceptance.

2.The contract/contracts shall be signed by the parties within 30 days ofthe date of this letter but not earlier than 14 days from the date of theletter.

3. You may contact the officer(s) whose particulars appear below on thesubject matter of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER


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FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO.OF..20...

BETWEEN.APPLICANT

AND

RESPONDENT (Procuring Entity)

Request for review of the decision of the (Name of the Procuring Entity)of

dated theday of .20.in the matter of Tender

No..of ..20

REQUEST FOR REVIEW

I/We,the above named Applicant(s), of address: Physical

address.Fax NoTel. No..Email , hereby request the

Public Procurement Administrative Review Board to review the whole/part of the

above mentioned decision on the following grounds , namely:-

1.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

etc

SIGNED .(Applicant)

Dated on.day of /20

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on

day of ....20.

Tender No. Kenha -858- 2014 -Rfp-market Survey Consultancy

Documents

Transcript of Tender No. Kenha -858- 2014 -Rfp-market Survey Consultancy