REPUBLIC OF KENYA

MINISTRY OF ENVIRONMENT AND FORESTRY

P. O. Box 30126 - 00100N.H.I.F Building Ragati Road,

Nairobi, Kenya

REQUEST FOR PROPOSAL: FOR PROVISION OF CONSULTANCY SERVICES FOR PUBLICPARTICIPATION CONSULTATIONS AND ACCESS TO CLIMATE CHANGE INFORMATION

REGULATIONS UNDER CLIMATE CHANGE ACT, 2016

RFP No.MOE&F/CCD/ RFP/004/2020-2021

Closing Date: 25thAugust 2020Time: 10:00 Am East African Time

Invitation for Tender RFP No: MOE&F/CCD/RFP/004/2020-2021Issued on: 4th August, 2020

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TABLE OF CONTENTS

PageINTRODUCTION

SECTIONI. Letter ofInvitation 3

SECTIONII. Information to consultants 5Appendix to information toConsultants

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SECTIONIII. Terms of reference 24

SECTIONIV. Technical Proposal 30

SECTIONV. Financial Proposal 39

SECTIONVI. Standard Forms of Contract 46

6.1 Form of tender 476.2 Contract form 486.3 Confidential Business Form 546.4 Tender Security Form 576.5 Performance Security Form 586.6 Letter of Notification of Award 596.7 Form RB1 606.8 Declaration Form 64

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SECTIONI- LETTER OF INVITATION

1.1 The Ministry of Environment and Forestry invites sealed bids from qualifiedconsultancy firms to participate in RFP for Provision of Consultancy Services forPublic Participation Consultations and Access to Climate Change InformationRegulations Under Climate Change Act, 2016

More details on the services are provided in the attached Terms of Reference

1.2 Further information as pertaining to this Proposal may be obtained during workinghours (Monday to Friday) between 9:00am and 5:00pm using the following address:The Principal Secretary, Ministry of Environment and Forestry P. O. Box 30126 –00100 Nairobi, or Supply Chain Section located on the eleventh floor of N.H.I.FBuilding Ragati Road, Nairobi.

1.3 Eligible candidates may obtain further information from and inspect the tenderdocuments at the Ministry of Environment and Forestry’s Supplies ChainManagement Office, (11thFloor, N.H.I.F Building along Ragati Road, Nairobi), duringnormal workinghours.

1.4 A complete set of tender documents containing detailed information may be obtainedfrom the Supplies Section, Ministry of Environment and Forestry Headquarters, (11thFloor,N.H.I.F Building along Ragati Road, Nairobi) upon payment of Non-refundable fee ofKShs.1,000.00 in cash or Bankers Cheque payable to Principal Secretary, Ministry ofEnvironment, or downloaded from the ministry’s websites:www.environment.go.ke forfree OR the public procurement information portal links:https://www.tenders.go.ke/website.Bidders who download the tender document areadvised to sign a tender register at the Ministry’s Supplies Section (11thFloor, N.H.I.FBuilding along Ragati Road, Nairobi) or email their contact address using the email:procurement@environment.go.kebefore the tender closing date. This is for purposes ofcommunicating any clarification oraddendum.

1.5 Prices quoted should be net inclusive of all taxes, must be in Kenya Shillings and shallremain valid for 120 (One Hundred and Twenty) days from the closing date of thetender.

1.6 All tenders must be accompanied by security in the format specified in the attached formof tender Security, in a bank’s letterhead, and amount indicated. The tender must bedelivered in plain sealed envelope clearly marked ‘RFP No: MOE&F/CCD/RFP/004/2020-2021 Provision of Consultancy Services for Public Participation Consultations andAccess to Climate Change Information Regulations Under Climate Change Act, 2016

1.7 The Technical Proposal and Financial Proposal are to be put in different envelopesclearly marked “Technical Proposal” and “Financial Proposal” and sealed in oneenvelope. Completed tender documents are to be enclosed in plain sealed envelopes

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marked with tender reference number and be deposited in the Tender Box at theReception Area of the Ministry of Environment and Forestry’s Offices (11thFloor,N.H.I.F Building along Ragati Road, Nairobi) and addressed to, The PrincipalSecretary Ministry of Environment and Forestry,P. O. Box 30126-00100, NAIROBI

so as to be received on or before Tuesday 25th August ,2020 at 10.00 Am East AfricanTime. Late bids will not be accepted and will be returned unopened

1.8 The Technical Proposal will be opened immediately after the closing time i.e.Tuesday25th August, 2020 at 10:00 East African Time in the presence of the Candidates or theirrepresentatives, who choose to attend at the Ministry of Environment and Forestry’sConference Room, located at 12th floor of the N.H.I.F. Building along Ragati Road,Nairobi. The Financial Proposals for bidders meeting the Technical requirements willbe opened upon finalization of the Technical Proposal evaluation.

1.9 A firm will be selected under Quality and Cost Based Selection (QCBS) andprocedures described in this RFP.

1.10 The RFP includes the following documents:

Section 1 - Letter of Invitation

Section 2 - Information to Consultants

Section 3 - Technical Proposal - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 - Terms of Reference

Section 6 - Standard Forms of Contract

Supply Chain ManagementFor: Principal Secretary,Dated: 4thAugust, 2020

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SECTION II – INFORMATION TO CONSULTANTS (ITC)

Table of Contents Page2.1 INTRODUCTION 6

2.2 CLARIFICATION AND AMENDMENT OFRFPDOCUMENT 6

2.3 PREPARATION OF TECHNICAL PROPOSAL 7

2.4 FINANCIAL PROPOSAL 8

2.5 SUBMISSION, RECEIPT AND OPENING OF PROPOSALS 9

2.6 PROPOSAL EVALUATION GENERAL 10

2.7 EVALUATION OF TECHNICAL PROPOSAL 11

2.8 PUBLIC OPENING AND EVALUATION OF FINANCIAL PROPOSAL 11

2.9 NEGOTIATIONS 12

2.10 AWARD OF CONTRACT 13

2.11 CONFIDENTIALITY 14

2.12 CORRUPT OR FRAUDULENT PRACTICES 14

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SECTION II: - INFORMATION TO CONSULTANTS (ITC)2.1 Introduction

2.1.1 The Procuring Entity will select a firm or firms among those invited tosubmit a proposal, in accordance with the method of selection detailed intheappendix.

2.1.2 The consultants are invited to submit a Technical Proposal and a FinancialProposal, as specified in the Appendix “ITC” for consulting servicesrequired for the assignment named in the said Appendix. The proposal willbe the basis for Contract negotiations and ultimately for a signed Contractwith the selectedfirm.

2.1.3 The consultants must familiarize themselves with local conditions and takethem into account in preparing their proposals. To obtain first handinformation on the assignment and on the local conditions, consultants areencouraged to liaise with the Procuring Entity in writing regarding anyinformation that they may require before submitting a proposal and toattend a pre-proposal conference where applicable. Consultants shouldcontact in writing the officials named in the Appendix “ITC” to arrange forany visit or to obtain additional information on the pre-proposal conference.Consultants should ensure that these officials are advised of the visit inadequate time to allow them to make appropriatearrangements.

2.1.4 Please notethat:(i) The costs of preparing the proposal and of negotiating the Contract,

including any visit to the Procuring Entity are not reimbursable as adirect cost of the assignment;and

(ii) The Procuring Entity is not bound to accept any of the proposalssubmitted.

2.1.5 The Procuring Entity’s employees, committee members, board membersandtheir relatives (spouse and children) are not eligible toparticipate.

2.1.6 The price to be charged for the physical tender document shall be Kshs.1,000/=.

2.1.7 The Procuring Entity shall allow the tenderer to review the tenderdocument free of charge beforepurchase.

2.2 Clarification and Amendment of RFP Documents

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2.2.1 Consultants may request a clarification on the RFP documents only up to seven[7] days before the proposal submission date. Any request for clarification must besent in writing by paper mail or electronic mail to the Procuring Entity’s addressindicated in the Appendix “ITC”. The Procuring Entity will respond by paper mailor electronic mail to such requests and will send written copies of the response(including an explanation of the query but without identifying the source ofinquiry) to all invited consultants who intend to submit proposals.

2.2.2 At any time before the submission date of proposals, the Procuring Entitymay for any reason, whether at his own initiative or in response to aclarification requested by an invited firm, amend the RFP. Any amendmentshall be issued in writing through addenda. Addenda shall be sent by mail,Print media or E-mail to all invited consultants and will be binding on them.The Procuring Entity may at his discretion extend the deadline for thesubmission of proposals through anaddendum.

2.3 Preparation of Technical Proposal2.3.1 The Consultants proposal shall be written in English language.

2.3.2 In preparing the Technical Proposal, consultants are expected to examinethe documents constituting this RFP in detail. Material deficiencies inproviding the information requested may result in rejection of a bidder’sproposal.

2.3.3 While preparing the Technical Proposal, consultants must give particularattention to thefollowing:

(i) Consultants shall not associate with the other consultants invited forthis assignment. Any firms associating in contravention of thisrequirement shall automatically bedisqualified.

(ii) For assignments on a staff-time basis, the estimated number ofprofessional staff-time is given in the Appendix. The proposal shallhowever be based on the number of professional staff-time estimatedby thefirm.

(iii) It is desirable that the majority of the key professional staff proposedbe permanent employees of the firm or have an extended and stableworking relationship withit.

(iv) Proposed professional staff must as a minimum, have the experienceindicated in Appendix, preferably workingunder conditions similar

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to those prevailing in Kenya.

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

2.3.4 The Technical Proposal shall provide the following information using theattached Standard Forms;

(i) A brief description of the firm’s organization and an outline of recentexperience on assignments of a similar nature. For each assignmentthe outline should indicate inter alia, the profiles of the staff proposed,duration of the assignment, contract amount and firm’sinvolvement.

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

(iii) A description of the methodology and work plan for performing theassignment.

(iv) The list of the proposed staff team by specialty, the tasks that wouldbe assigned to each staff team member and theirtiming.

(v) CVs recently signed by the proposed professional staff and theauthorized representative submitting the proposal. Key informationshould include number of years working for the firm/entity anddegree of responsibility held in various assignments during the lastten (10) years.

(vi) Estimates of the total staff input (professional and support staff)needed to carry out the assignment supported by bar chart diagramsshowing the time proposed for each professional staff teammember.

(vii) A detailed description of the proposed methodology, staffing andmonitoring of training, if Appendix “A” specifies training as a majorcomponent of the assignment.

(viii) Any additional information requested in Appendix“A”.

2.3.5 The Technical Proposal shall not include any financialinformation.

2.4 Preparation of Financial Proposal2.4.1 InpreparingtheFinancialProposal,consultantsareexpectedtotakeinto

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account the requirements and conditions outlined in the RFP documents.The Financial Proposal should follow Standard Forms (Section V).

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,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 byactivity.

2.4.2 The Financial Proposal should clearly identify as a separate amount, thelocal taxes, duties, fees, levies and other charges imposed under the law onthe consultants, the sub-consultants and their personnel, unless Appendix“A” specifiesotherwise.

2.4.3 Consultants shall express the price of their services in KenyaShillings.2.4.4 Commissions and gratuities, if any, paid or to be paid by consultants and

related to the assignment will be listed in the Financial Proposal SubmissionForm.

2.4.5 The Proposal must remain valid for 120 Days after the submission date.During this period, the consultant is expected to keep available, at his owncost, the professional staff proposed for the assignment. The ProcuringEntity will make his best effort to complete negotiations within this period.If the Procuring Entity wishes to extend the validity period of the proposals,the consultants shall agree to theextension.

2.5 Submission, Receipt, and Opening ofProposals2.5.1 The original proposal (Technical Proposal and Financial Proposal) shall be

prepared in indelible ink. It shall contain no interlineation or overwriting,except as necessary to correct errors made by the firm itself. Any suchcorrections must be initialed by the persons or person authorized to sign theproposals.

2.5.2 For each proposal, the consultants shall prepare the number of copiesindicated in Appendix “A”. Each Technical Proposal and Financial Proposalshall be marked “ORIGINAL” or “COPY” as appropriate. If there are anydiscrepancies between the original and the copies of the proposal, theoriginal shall govern.

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2.5.3 The original and all copies of the Technical Proposal shall be placed in asealed envelope clearly marked “TECHNICAL PROPOSAL,” and theoriginal and all copies of the Financial Proposal in a sealed envelopeclearly marked “FINANCIAL PROPOSAL” and warning: “DO NOTOPEN WITH THE TECHNICAL PROPOSAL”. Both envelopes shall beplaced into an outer envelope and sealed. This outer envelope shall bearthe submission address, the tender reference number/Name RFPNo:MOE&F/CCD/RFP/004/2020-2021 for Provision of ConsultancyServices for Public Participation Consultations and Access to Climate ChangeInformation Regulations Under Climate Change Act, 2016and other information indicated below and be clearly marked, “DO NOTOPEN, EXCEPT IN PRESENCE OF THE TENDER OPENINGCOMMITTEE.” And addressed as follows;

The Principal Secretary,Ministry of Environment and ForestryP. O. Box 30126 – 00100Nairobi

2.5.4 The completed Technical and Financial Proposals must be delivered at thesubmission address on or before the time and date stated in the Appendix“ITC”. Any proposal received after the closing time for submission ofproposals shall be returned to the respective consultantunopened.

2.5.5 After the deadline for submission of proposals, the outer envelope and theTechnical Proposal shall be opened immediately by the opening committee.The Financial Proposal shall remain sealed, marked with tender numberallocated at the time of opening of the outer envelope and together with theopened technical proposal deposited with a responsible officer of theProcuring Entity department up to the time for public opening of financialproposals.

2.6 Proposal EvaluationGeneral2.6.4 From the time the bids are opened to the time the Contract is awarded, if

any consultant wishes to contact the Procuring Entity on any matter relatedto his proposal, he should do so in writing at the address indicated in theAppendix “ITC”. Any effort by the firm to influence the Procuring Entity inthe proposal evaluation, proposal comparison or Contract award decisionsmay result in the rejection of the consultant’sproposal.

2.6.5 Evaluators of Technical Proposals shall have no access to the FinancialProposals until the technical evaluation isconcluded.

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2.7 Evaluation of Technical Proposal2.7.4 The tender evaluation committee appointed by the Procuring Entity shall

evaluate the proposals on the basis of their responsiveness to the Terms ofReference, applying broadly (but not exclusively) the evaluation criteria asfollows:

Points

I. Relevant Firm experience of the Consultancy Firm 40 %

II. Relevant Professional experience of the team and background of the leadconsultant 30 %

III. Adequacy of the proposed work plan and methodology in responding to theterms of reference 30 %

TOTAL 100%a. Completeness of bidding information, corporate structure,

specific experience of the bidder to similar briefs.b. Qualification and competence of the key staff for the assignment and

proposed teamc. Administrative and system capabilities, corporate governance and

riskcontrold. Asset transfer restrictions, training and transfer of relevant skills

2.7.5 Each responsive proposal will be given a technical score (St). A proposalshall be rejected at this stage if it does not respond to all important aspectsof the Terms of Reference or if it fails to achieve the minimum technicalscore indicated in the Appendix “ITC”. The consultant may be asked aspart of their evaluation to demonstrate their proposal or arrange a visit toan institution where similar services have been provided. This will be at thediscretion of the Procuring Entity. A tenderer must score a minimum of70% on the technical Proposal to qualify for financial evaluation.

2.8 Opening and Evaluation of FinancialProposal2.8.4 After Technical Proposal evaluation, the Procuring Entity shall notify those

consultants whose proposals did not meet the minimum qualifying mark orwere considered non-responsive to the RFP and Terms of Reference,indicating that their Financial Proposals will be returned unopened aftercompleting the selection process. The procuring entity shall simultaneouslynotify consultants who have secured the minimum qualifying markindicating the date and time set for opening the financial proposal andstating that the opening ceremony is open to those consultants who chooseto attend. The opening shall not be sooner than seven (7) days after the

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notification date.2.8.5 The Financial Proposals shall be opened publicly in the presence of the

consultant’s representatives who choose to attend. The name of theconsultant, the technical Scores and the proposed prices shall be read aloudand recorded when the Financial Proposals are opened. The ProcuringEntity shall prepare minutes.

2.8.6 The evaluation committee will determine whether the Financial Proposalsare complete (i.e. whether the consultant has costed all the items of thecorresponding Technical Proposal and correct any computational errors).

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The cost of any unpriced items shall be assumed to be included in othercosts in the proposal. In all cases, the total price of the Financial Proposal assubmitted shall prevail.

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

Sf = 100 X FM/F where Sf is the financial score; FM is the lowest pricedfinancial proposal and F is the price of the proposal under consideration.Proposals will be ranked according to their combined technical (St) andfinancial (Sf) scores using the weights (T=the weight given to the TechnicalProposal: P = the weight given to the Financial Proposal; T + p = I)indicated in the Appendix. The combined technical and financial score, S, iscalculated as follows: - S = St x T % + Sf x P%. The firm achieving the highest combined technical and financial scorewill be invited for negotiations.

2.8.8 The tender evaluation committee shall evaluate the tender within 30 daysfrom the date of opening thetender.

2.8.9 Price variations are not allowed for this tender

2.8.10Selected bidders will be invited to make presentations to the Board ofTrustees before contract is awarded at a date to be advised. Thepresentation will be expected to major on compliance to the TOR set in thisdocument.

2.9 Negotiations2.9.4 Negotiations will be held at the same address as “address to send

information to the Procuring Entity” indicated in the Appendix “ITC”. Theaim is to reach agreement on all points and sign acontract.

2.9.5 Negotiations will include a discussion of the Technical Proposal, theproposed methodology (work plan), staffing and any suggestions made bythe firm to improve the Terms of Reference. The Procuring Entity andBidder 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 final Terms ofReference will then be incorporated in the “Description of Services” andform part of the Contract. Special attention will be paid to getting the mostthe firm can offer within the available budget and to clearly defining theinputs required from the Procuring Entity to ensure satisfactoryimplementation of the assignment.

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

2.9.7 Having selected the firm on the basis of, among other things, an evaluationof proposed key professional staff, the Procuring Entity expects to negotiatea contract on the basis of the experts named in the proposal. Before contractnegotiations, the Procuring Entity will require assurances that the expertswill be actually available. The Procuring Entity will not considersubstitutions during contract negotiations unless both parties agree thatundue delay in the selection process makes such substitution unavoidableor that such changes are critical to meet the objectives of the assignment. Ifthis is not the case and if it is established that key staff were offered in theproposal without confirming their availability, the firm may bedisqualified.

2.9.8 The negotiations will conclude with a review of the draft form of theContract. To complete negotiations the Procuring Entity and the selectedfirm will initial the agreed Contract. If negotiations fail, the ProcuringEntity will invite the firm whose proposal received the second highest scoreto negotiate acontract.

2.9.9 The Procuring Entity shall appoint a team for the purpose of thenegotiations.

2.10 Award ofContract2.10.4 The Contract will be awarded following negotiations. After negotiations are

completed, the Procuring Entity will promptly notify other consultants onthe shortlist that they were unsuccessful and return the Financial Proposalsof those consultants who did not pass the technicalevaluation.

2.10.5 The selected firm(s) is expected to commence the assignment on the dateand at the location specified in “Appendix“A”.

2.10.6 The parties to the contract shall have it signed within 30 days from the dateof notification of contract award unless there is an administrative reviewrequest.

2.10.7 The Procuring Entity may at any time terminate procurement proceedingsbefore contract award and shall not be liable to any person for thetermination.

2.10.8 The Procuring Entity shall give prompt notice of the termination to thetenderersandonrequestgiveitsreasonsforterminationwithin14daysof

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receiving the request from any tenderer.

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

equipment and facilities to provide what is beingprocured.(b) Legal capacity to enter into a contract forprocurement(c) Shall not be insolvent, in receivership, bankrupt or inthe

process of being wound up and is not the subject of legalproceedings relating to theforegoing.

(d) Shall not be debarred from participating in publicprocurement.

2.11 Confidentiality2.11.4 Information relating to evaluation of proposals and recommendations

concerning awards shall not be disclosed to the consultants who submittedthe proposals or to other persons not officially concerned with the process,until the winning firm has been notified that it has been awarded theContract.

2.12 Corrupt or fraudulent practices2.12.4 The Procuring Entity requires that the consultants observe the highest

standards of ethics during the selection and award of the consultancycontract and also during the performance of the assignment. The tenderershall sign a declaration that he has not and will not be involved in corruptor fraudulent practices.

2.12.5 The Procuring Entity will reject a proposal for award if it determines thatthe consultant recommended for award has engaged in corrupt orfraudulent practices in competing for the contract in question.

2.12.6 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 A - Information to Consultants (ITC)

The following information for procurement of consultancy services andselection of consultants shall complement or amend the provisions of theinformation to consultants. Wherever there is a conflict between theprovisions of the information to consultants and the provisions of theappendix, the provisions of the appendix herein shall prevail over those of theinformation toconsultants.

1: Information toconsultantsReference

Particulars of Appendix to Information toConsultants

2.1.1 The name of the Procuring Entity: Ministry ofEnvironment and ForestryThe method of selection is: Quality and cost basedselection

2.1.2 Technical and Financial proposal are requested:Yes

The name and description of theassignment is: ‘Provision of ConsultancyServices for Public ParticipationConsultations and Access to ClimateChange Information Regulations UnderClimate Change Act, 2016

2.1.3 A pre-proposal conference will be held: No

The name, address, and telephone numbers of theclient(s)is: The Principal Secretary Ministry ofEnvironment and Forestry P. O. Box 30126 –00100

Nairobi,Kenya Tel:0202730808/09,E- mail:psoffice@environment.go.kebetween 9:00am and 5:00pm from Monday to Friday.

2.5.2 Consultant must submit an original and one (1)additional copies of each proposal.

2.5.3 Proposal documents should be deposited in theTender Box at the reception area of Ministry ofEnvironment and Forestry on the eleventh (11th) floor ofN.H.I.F. Building, along Ragati Road, Nairobi so as to bereceived on or before Tuesday 25TH August, 2020 at10:00am East African Time. Information on the outerenvelope should include the procuring entityaddress and the Request forProposal number.

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2.5.4 The proposal must be submitted not later than Tuesday25thAugust, 2020 at 10:00am.East African Time

2.6.1 The address to send information to the client is: ThePrincipal Secretary Ministry of Environment andForestry P. O. Box 30126 –00100Nairobi,Kenya Tel:0202730808/09,E-mail:psoffice@environment.go.ke

2.8.1 The opening date for the financial proposal shall bedone by the tender evaluation after technicalevaluation. All non-responsive tenderers in thetechnical evaluation will have their financials returnedun-opened.

2 The Client will provide the following inputs:

a. Terms of Reference (TORs)b. Any other relevant information

3 The tenderer must have;

i. Demonstrated competence in team work.

ii. Demonstrated ability to deliver in time.

iii. Must have experience in implementing similar project

Important: All information provided must be accompanied by supportingDocuments

4 The minimum technical score required to pass:70 Points

5 The weights given to the Technical and Financial Proposals are:T= 0.7 - (70%)P= 0.3 - (30%)

6 The assignment is expected to commence after signing of contract and have 60working days as assignment duration.

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2.7.1 EVALUATION CRITERIA TO BE USED TOEVALUATE THE PROPOSAL

1. Stage 1: Compliance with Mandatory Requirements2. Stage 2: Compliance with Technical Requirements3. Stage 3: Financial Evaluation4. Stage 4: Combining Financial and Technical scores5. Stage 5:Recommendations

Stage 1: Compliance to Mandatory Requirements (MR)The first stage of the evaluation will involve determination ofresponsiveness to the Mandatory Requirements of the request forproposal and will include:

No. Requirements Tenderer’sResponse

MR1 Provide (copy) of Company’s registration Certificateof Incorporation or Business RegistrationCertificate.

MR2 Provide copy of the company’s PIN and current/valid TaxCompliance certificate issued by Kenya RevenueAuthority (KRA) valid at least up to tender opening date

MR3 Duly filled signed and stamped form of tender with avalidity of 120 days (Do not indicate the tender amountin the technical proposal form of tender but should beindicated in the financial proposal form of tender)

MR4 Submit a completed company profile using theconfidential Business Questionnaire provided in thistender document which must be signed and stamped.

MR5 Duly serialized and paginated bid document with allthe attachments included in a format 001,002,003……upto the last page of the document

MR 6 Duly filled, signed and stamped Declaration form(provided) that tenderer have never and shall not engagein any corrupt or fraudulent practices in the procurementproceedings,

MR 7 Duly filled, signed and stamped Declaration form(provided) that the firm/person and his or hersubcontractor if any is not debarred from participating inprocurement proceedings.

MR 8 Duly filled, signed and stamped Declaration form(provided) that the firm/person is not guilty of anyserious violation of fair employment laws and practices

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MR 9 Attach dully filled ,signed and stamped TenderSecuring Declaration Form

Tenders who do not satisfy any of the above requirements shall beconsidered Non-responsive and their tenders will not be evaluatedfurther.

Bidders who satisfy all mandatory requirements will be progressed tothe Technical Evaluation Stage.

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STAGE 2: COMPLIANCE WITH THE TECHNICAL REQUIREMENTSProposals meeting all the mandatory requirements will be subjected to TechnicalEvaluation based on the criteria given below:

I) TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

TO: Principal Secretary Ministry of Environment and ForestryP. O. Box 30126 –00100Nairobi,Kenya Tel:0202730808/09,E- mail:psoffice@environment.go.ke

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for Provision of Consultancy Servicesfor Public Participation Consultations and Access to Climate Change Information Regulations UnderClimate Change Act, 2016 with your Request for Proposal dated ----------------------------------------------.We are hereby submitting our Proposal, which includes this Technical Proposal, and a FinancialProposal sealed under a separate envelope.

If negotiations are held during the period of validity of the Proposal, i.e., before ---------------------we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon usand subject to the modifications resulting from Contract negotiations.

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

We remain,

Yours sincerely,

Authorized Signature:---------------------------------------------------------------

Name and Title of Signatory:------------------------------------------------------

Name of Firm:-------------------------------------------------------------------------

Address:--------------------------------------------------------------------------------

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2 Technical proposal Evaluation Criteria

S/no. Evaluation Attribute Tenderer’sResponse Weighting Score

MaxScore%

1. Relevant Firm experience ofthe Consultancy Firm in anyother related studies and/orsimilar work (Provide list of theassignments, respective clients,dates and contract amount).

Relevant experience in years

>15 years – 40% 10 – 14 years –

15% 5 – 9 years – 10% < 5 years – 5%

Related assignments undertaken.

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2. Relevant Professionalexperience of the team andbackground of the leadconsultant. in law, climatechange, environmentalgovernance, policydevelopment, postgraduatequalification in legislativedrafting; or any other relatedstudies

Master’s Degree inlaw, climate change,environmentalgovernance, policydevelopment anyother related studies

-30%

Degree holders withrelevant with relevantexperience in law,climate change,environmentalgovernance, policydevelopment or anyother related studies

-20%

Degree holderswithout relevant withrelevant experience inlaw , environmentalScience, or any otherrelated studies

-10%

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3. Adequacy of the proposedwork plan and methodologyin responding to the terms ofreference

Assignment specificqualifications

Approach to the consultancy

Adequacy of the workplan

-15%

Analytical andreport writingskills (Proof of at

-10%30

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• Experience in coordinatingmulti-disciplinary teamspreferably in donor fundedprojects and governmentinstitutions

• Have knowledge and skillsin law and environmentalsciences

• Experience indevelopment of a regulationsor similar material (bothonline and offline)• Experience in policy

development• Proven analytical,

communication andproject management skills

• Experience with workingin East Africa

• Excellent skills in English –writing, speaking

• Understanding of Kenya’senvironmental sector andespecially climate changeincluding the key actors

• Thorough knowledge ofthe political landscape,National and CountyGovernments’ workings

• Analytical and reportwriting skills (Proof of at leastthree related projectsundertaken demonstratinganalytical and report writingskills.)• Have a working

knowledge of The KenyaConstitution 2010 andKenya DevelopmentFrameworks

least five relatedprojectsundertakendemonstratinganalytical andreport writingskills).

Turn-around time -5%

Total 100

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Stage 3: Financial EvaluationUpon attaining the minimum score of 70% and above on the Technical Evaluationto qualify to have their financial bids opened for evaluation. Bidders who fail toachieve the minimum technical score will have their financial bids returned as persection 2.8.1 of thisdocument

Stage 4: Combining Financial and Technical ScoresCombining Financial and Technical score will be carried out as per clause 2.8.4 theweight to be assigned for the technical scores (t) will be 70% while the financialscores (p) will be 30%. The bidder(s) with the highest combined financial andtechnical score will be recommended for the award.

Stage 4: RecommendationThe bidder(s) with the highest combined technical score and financial will berecommended for the award.

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MINISTRY OF ENVIRONMENT AND FORESTRY

TERMS OF REFERENCE (TOR)

CONSULTANCY FOR PUBLIC PARTICIPATION AND ACCESS TO CLIMATE CHANGEINFORMATION REGULATIONS

1. Background

The Climate Change Act (CCA) was signed into law on 6th May 2016 and commencedoperation on 27th May 2016. This law was developed in a collaborative process between theExecutive and Legislative Arms of the Government of Kenya, and included prominentsupportive roles by the private sector, civil society and development partners.A key element of the CCA is the requirement that various regulations should be developed,as subsidiary legislation, to provide further interpretation of certain provisions, and tosupport operationalization of certain administrative aspects. These regulations bring clarityon the various provisions of the Act and guide the implementers on application of the law.Section 24 of the climate change act require Public entities at each level of governmentshould, at all times when developing strategies, laws and policies relating to climate change,undertake public awareness and conduct public consultations. These consultations aresupposed to be undertaken in a manner that ensures their contribution makes an impact onthe threshold of decision making. Sub section 3 requires that the climate change Council withrecommendation of the Cabinet Secretary publish regulations on design and procedure toensure efficacy of public consultations to ensure that they make an impact on the thresholdof decision making on climate change at all levels of government.

2. Assignment Description

The Ministry of Environment and Forestry is seeking to hire a consultant to providetechnical assistance in developing regulations to guide public consultations in matters ofclimate change decision making with a view to facilitating effective implementation of theClimate Change Act. This process is also supported by UNDP and USAID through theInstitutional Strengthening Project.The consultant will provide support in obtaining relevant information through aconsultative process with key stakeholders and professionally drafting the regulations to be

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adopted by all levels of government.The main objective of the consultancy is to develop a regulation that provides for themechanisms and procedures for public consultations on matters concerning decision makingon climate change matters. This will include:

(i) Mechanism and procedures for public consultations that comply with, and implementthe requirement of the CCA to ensure the public consultations make an impact on thethreshold of decision making on climate change matters; and,

(ii) An operating definition and legal meaning of the requirement and phrase “make animpact on the threshold of decision making”

3. Scope of work

The regulations shall be developed in a participatory manner and based on the provisions ofthe climate change act 2016 and other relevant act. The regulations should provide detailsand clarity of the provisions of the Act to enable better and effective implementation. Theconsultant shall:

a) Carry out analysis to bring out the roles and responsibilities of both levels of government indeveloping policies on climate change;

b) Analyse major challenges and limitation for public participation at both County and nationalgovernments;

c) Consult widely to understand how to promote public participation, including some of thepathways and approaches that would remove the challenges;

d) Document the findings from the above assignment in a report;e) Organize meetings with key stakeholders to share and validate the findings; and,f) Based on the processes mentioned above, the climate change act and other relevant laws,

prepare a comprehensive regulation for public participation focusing but not limited on theareas listed below:

(i) Interpretation of the terms in the act;(ii) Guiding Principles;(iii) Entities that the regulations apply;(iv) The decisions the regulations apply;(v) The threshold of climate change impact that triggers public participation under these

regulations;(vi) Opportunities for Public Participation;(vii) Timeliness of Opportunities for Public Participation;(viii) Notice and Content of notice of proposed decision and invitation for comments by the

public;

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(ix) Access to Information (for public participation);(x) Public hearing /consultation and Processing of responses;(xi) Record of decision;(xii) Administrative review and appeals;(xiii) Affirmative action in public participation; and,(xiv) Education, awareness and capacity development.

4. Deliverables/Outputs and Payment Schedules

The Consultant will be required to submit two (2) hardcopies and 2 digital copies of thefollowing reports:

a) Inception report – describing the approaches and timelines proposed to prepare and deliverthe scope of work outline within two weeks of commencement of this assignment. Theclimate change directorate will provide comments on this report within two weeks of receipt- 10%;

b) Draft Report for discussions with CCD, stakeholders, and the Attorney general’s office -20%;c) Draft Final Report – subjected to consultations and accompanied by a brief report of the

consultations - 30%; and,d) Final Report - should take account of all the comments and feedback from the

consultations.- 40%.

Payments will be based on outputs upon approval by the Principal Secretary as indicatedabove.

Project deliverables

The consultant is expected to deliver but not limited to the following outputs:a) Inception report detailing the methodology and study plan;b) Report on stakeholders, county and national governments consultations;c) Validation workshop report;d) Draft public participation regulations;e) public participation regulations validation report;f) Final public participation regulations; and,g) Regulation brief.

5. Improvement of ToRsThe Consultant may offer suggestions and improvements (in writing) in the Terms ofReference, which he considers would result in better implementation of the Assignment.Such proposals if accepted (in writing) will form part of the Terms of Reference of theproposals submitted by the consultant. Proposed improvement of ToRs should not have costand time implication on the Assignment.

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6. Consultant Profile:

a) Relevant professional qualifications and preferably an advanced university degreein areas oflaw, climate change, environmental governance, policy development;

b) Letter of good standing from the relevant professional body;c) At least 5 years demonstrable experience in development of policies/legislations including

drafting of regulations;d) Understanding of Kenya’s environmental sector and especially climate change including the

key actors;e) Availability during the period of the assignment;f) Ability to be flexible and deliver within strict timelines;g) Ability to work independently with limited supervision and deliver high quality work on

time, under very tight time-pressures;h) Ability to think creatively, and to explore, harness and translate innovative concepts into

practice; and,i) Attention to detail.

7. Evaluation Criteria

The expert will be evaluated against a combination of technical and financial criteria(combined scoring method). Maximum score is 100% out of which technical criteria equals70% and financial criteria equals 30%. The technical evaluation will include the following:

a) Firm experience - 40%;b) Professional experience of the team - 30%; and,c) Overall Methodology and work plan - 30%.

Requirements for submission:a) A technical proposal detailing the methodology to undertake the assignment and work-plan;b) Indication of earliest availability;c) Financial proposal detailing professional fees;d) Curriculum Vitae of lead consultant and associates;e) Contact details of at least 3 references for similar type of work, with consent to check

references where deemed necessary; and,f) The selection of the consultant will be done in accordance with procedures set out in the

Public Procurement Legal Framework.

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8. Assignment Start Date and Duration:

The duration of assignment is duration of 45 consecutive working days after signing thecontract and may be extended depending on prevailing circumstances. The Consultant isexpected to commence work and as much as possible using tele or video conferencing if theCovid-19 situation persists.

9. Eligibility:

The expression of interest must be accompanied by the firm’s qualifications, professionalcapabilities and details of past experience in drafting of regulations. Such information mayinclude: description of similar assignments; experience in similar conditions. The firm(s)must all prove availability of appropriate skills among staff with their most recent profilesshowing experience, qualifications, capabilities, referees and details of past experienceespecially in their areas of expertise.The interested firms shall provide the following specific information as well as any otherrelevant information as follows:

a) Show proof of accreditation or registration by relevant bodies;b) Firms that bid jointly should submit consortium agreements between the parties, with the

roles of each party clearly defined;c) Attach at least three recommendations from your major clients, relevant to the technical area;d) Description of management/ organization structure, list of key staff relevant to the

assignment and their Curriculum Vitae inclusive of staff who will do the verification andtechnical review. Attach CV for at least three key staff. Also submitted name(s) andposition(s) of authorized representatives;

e) Evidence of Incorporation in the country of domicile and other statutory registrations e.g.valid tax compliance for local bidders;

f) Valid practicing license for the firm;g) Annual Accounts and Reports Audited by a reputable firm for the last three years; and,h) Information regarding any current litigation involving the consulting firm certified by a

reputable law firm.

Further information can be obtained at the address below during office hours 0800 hours to1700 hours East African time from Monday to Friday except during lunch hours (1300 hoursto 1400 hours), during weekend and public holidays.

10. Submission Requirements:

A technical proposal with brief description of why the individual considers him/herself asthe most suitable for the assignment, and a detailed clear methodology, on how they willapproach and complete the assignment; a duly accomplished Letter of Confirmation of

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Interest and AvailabilityThe technical proposal should also contain personal CV, indicating educationbackground/professional qualifications, all past experience, as well as the contact details(email and telephone number) of the candidate and at least three (3) professional references.Financial Proposal that indicates the all-inclusive fixed total contract price, supported by abreakdown of costs.The Financial and Technical proposals will be submitted as per the instruction to tenderer

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SECTION IV – TECHNICAL PROPOSALPage

4.1 Technical proposal submission form 31

4.2 Firm’s references 32

4.3 Comments and suggestion on terms of consultants on the 33terms of reference and on data, services

and facilities to be provided by theprocuring entity.

4.4 Description of the methodology and work plan 34for performing the assignment

4.5 Team composition and task assignments 35

4.6 Format of curriculum Vitae (CV)for proposed 36Professional staff

4.7 Time Schedule for professional personnel 37

4.8 Activity(work schedule) 38

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[Date]4.1 TECHNICAL PROPOSAL SUBMISSION FORM

[ _Date]

To: [Name and address of Client)

Ladies/Gentlemen:

We, the undersigned, offer to provide the consultingservicesfor _[Title of consulting services] in accordance with

your Request for Proposal dated [Date] and our Proposal. Weare hereby submitting our Proposal, which includes this Technical Proposal, [anda Financial Proposal sealed under a separate envelope-whereapplicable].

We understand you are not bound to accept any Proposal

that you receive. We remain,

Yours sincerely,

[AuthorizedSignature]:

[Name and Title ofSignatory]:

_[Name ofFirm]:

_[Address:]

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4.2 FIRM’SREFERENCES

Relevant Services Carried Out in the LastFive Years That Best IllustrateQualificationsUsing the format below, provide information on each assignment for which yourfirm either individually, as a corporate entity was legally contracted.

Assignment Name: Country

Location within Country: Professional Staff provided by YourFirm/Entity (profiles):

Name of Client: Clients contact person for theassignment.

Address:No of Staff-Months; Durationof Assignment:

Start Date (Month/Year): CompletionDate

(Month/Year):

Approx. Value of Services (Kshs)

Name of Senior Staff (ProjectDirector/C Functions Performed:

Coordinator, Team Leader) Involvedand

Narrative Description of project:

Description of Actual ServicesProvided by

Your Staff:

Firm’s Name:

Name and title of signatory;

(May be amended as necessary)

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4.3 COMMENTS AND SUGGESTIONS OF CONSULTANTS ONTHE TERMS OF REFERENCE AND ON DATA, SERVICES ANDFACILITIES TO BE PROVIDED BY THECLIENT.

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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4.4 DESCRIPTION OF THE METHODOLOGY AND WORKPLAN FOR PERFORMING THEASSIGNMENT

35

4.5 TEAM COMPOSITION AND TASKASSIGNMENTS

1. Technical/ManagerialStaff

Name Position Task

2. SupportStaff

Name Position Task

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4.6 FORMAT OF CURRICULUM VITAE (CV) FORPROPOSED PROFESSIONALSTAFF

ProposedPosition: _

NameofFirm:

Name ofStaff:

Profession:Date ofBirth:

YearswithFirm: _Nationality:_

Membership in ProfessionalSocieties:

Detailed TasksAssigned:

Key Qualifications: [Give an outline of staff member’s experience andtraining most pertinent to tasks on assignment. Describe degree ofresponsibility held by staff member on relevant previous assignments and givedates andlocations].

Education: [Summarize college/university and other specialized education ofstaff 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 positions held by staff member since graduation, giving dates, names ofemploying organizations, titles of positions held, and locations of assignments.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 thefirm]

Full name of staffmember:

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37

Full name ofauthorizedrepresentative: _

4.7 TIME SCHEDULE FOR PROFESSIONALPERSONNEL

Months (in the Form of a Bar Chart)

ReportsDue:

ActivitiesDuration:

Signature:(Authorizedrepresentative)

FullName: _Title:

Address:

Name Position ReportsDue

/ Activities1 2 3 4 5 6 7 8 9 1

011 12

Numberofmonths

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4.8 ACTIVITY (WORK)

SCHEDULE (a). Field

Investigation and StudyItems

[1st,2nd, etc., are months from the start of assignment)1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12t

h

Activity(Work)

(b). Completion and Submission ofReports

Reports Date

1. Inception Report

4. Interim ProgressReport(a) First StatusReport(b) Second StatusReport

3. Draft Report

4. Final Report

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SECTION V: FINANCIAL PROPOSAL FORMSNotes on preparation of financial proposal

1. The financial proposal prepared by the consultants should list thecost associated with the assignment. These costs normally coverremuneration for staff, subsistence, transportation, services andequipment, printing of documents, surveys etc. as may beapplicable. The costs should be broken down to be clearlyunderstood by the procuringentity.

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 insurance specified in therequest for proposal. Where another currency other than KenyaShillings in used, the applicable rate for conversion will be theCBK mean rate for the date of tenderopening.

3. The financial proposal should be prepared using the standardforms provided in thispart.

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Table of Contents

Page5.1 Financial proposal submission Form 41

5.2 Summary of costs 42

5.3 Breakdown of price/per activity 43

5.4 Breakdown of remuneration per activity 43

5.5 Reimbursables per activity 44

5.6 Miscellaneous expenses 45

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5.1 FINANCIAL PROPOSAL SUBMISSIONFORM

[Date]

To:

[Name and address of Client]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting servicesfor( )[Titleof consulting services] in accordance with your Request forProposal

) [Amountin

We

remain

, Yours

sincere

ly,

[AuthorizedSignature]:

[Name and Title ofSignatory]:

_ [Name ofFirm]

[Address]

42

5.2 SUMMARY OFCOSTS

Service Unit fee VATInclusive

Quantity (over3 year period)

Totals (VATInclusive)

Provision of Custody services

Grand Totals

43

5.3 BREAKDOWN OF PRICE PERACTIVITY

ActivityNO.:Description:

Price Component Amount(s)

Remuneration

Reimbursable

Miscellaneous

Expenses

Subtotal

5.4 BREAKDOWN OF REMUNERATION PERACTIVITY

ActivityNo. Name:

Names osition Input (Staff months, Rdays orhoursas appropriate.)

emunerationRate

Amoun

Regular staff

(i)(ii)

Consultants

Grand Total

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5.5 REIMBURSABLES PER ACTIVITY

ActivityNo: Name:

No. Description Unit Quantity Unit Price TotalAmount

1. Air travel Trip

2 Road travel Kms

3. Rail travel Kms

4. Subsistence Allowance Day

Grand Total

5.6 MISCELLANEOUSEXPENSES

ActivityNo. Activity Name:_

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No. Description

Communicationcosts

(telephone,telegra

m, telex)

Drafting, reproductionof reports

Equipment:compute

rs etc.

Software

Grand Total

Unit Quantity Unit Price Total

1.Amount

2.

3.

4.

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SECTION VI: STANDARDFORMSNotes on the standardforms

6.1 Form of Tender-The form of Tender must be completed by thetenderer and submitted with the tender documents. It must alsobe duly signed by duly authorized representatives of thetenderer.

6.2 Contract Form -The contract form shall not be completed by thetenderer at the time of submitting the tender. The contract formshall be completed after contract award and should incorporatethe accepted contractprice.

6.3 Confidential Business Questionnaire Form - This form must becompleted by the tenderer and submitted with the tenderdocuments.

6.4 Tender Security Form-When required by the tender documents thetenderer shall provide the tender security either in the formincluded herein or in another format acceptable to the procuringentity. The tender security form must be completed by thetenderers and submitted with thetender.

6.5 Performance security Form -The performance security form shouldnot be completed by the tenderers at the time of tenderpreparation. Only the successful tenderer will be required toprovide performance security in the form provided herein or inanother form acceptable to the procuringentity.

6.6 Letter of Notification – This form should not be completed by thetenderer at the time of submitting thetender.

6.7 Form RB 1: This form should not be completed at the time of summitingthe bid. The form is a sample to be used by the tenderers to lodge anyappeals.

6.8 Declaration form – This form must be completed by the tenderer atthe time of submitting thetender

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6.1 Form ofTenderTo: Date

Name and address of procuringentityTender No.Tender Name

Gentlemen and/or Ladies: -

Having examined the Tender documents including Addenda No.(Insertnumbers)……... the receipt of which is hereby duly acknowledged, we the undersigned,offer to procure (the particulars of the tender) under this tender in conformitywith the said Tender document for the sum of ….…………………………………[Total Tender amount in words and figures] or such other sums as may beascertained in accordance with the Schedule of Prices attached herewith andmade part of thisTender.

We undertake, if our Tender is accepted, to abide by the conditions of the tender.

We agree to abide by this Tender for aperiodof .................[Number] days fromthedate fixed for Tender opening of the Instructions to Tenderers, and itshall remain binding upon us and may be accepted at any time beforethe expiration of that period.

This Tender, together with your written acceptance thereof and your notificationof award, shall constitute a Contract between us subject to the signing of thecontract by both parties.

We understand that you are not bound to accept the lowest or any tender youmay receive.

Datedthis dayof 2019

[Signature] [In the capacityof]

Duly authorized to sign Tender for and on behalfof

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6.2 SAMPLE CONTRACT FOR CONSULTINGSERVICES

CONTRACTThis Agreement, [hereinafter called “the Contract”) is entered intothis

[Insert starting date of assignment], by andbetween[Insert Client’s name] of [or whose

registered office issituatedat] [insert Client’saddress](hereinafter called “the Client”) of the one partAND

[InsertConsultant’sname] of[or whose registered office is situatedat]

[insert Consultant’s address] (hereinafter called“the Consultant”) of the other part.

WHEREAS the Client wishes to have the Consultant(s) 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 specified inAppendix A,“Terms of Reference and Scope of Services,” which is made anintegral part of thisContract.

(ii) The Consultant shall provide the personnel listed in4.5, “Consultant’s Personnel,” to performtheServices.

(iii)The Consultant shall submit to the Client the reports intheform and within the time periods specified in thistender

2. Term The Consultant shall perform the Services during the periodcommencingon _ [Insert starting date] andcontinuingthroughto [Insert completion date], orany other period(s) as may be subsequentlyagreedby the parties in writing.

3. Payment A.Ceiling

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For Services rendered pursuant to Appendix A, theClient shall paytheConsultant an amount

not to exceed[Insert amount]. This amount has been

established based on the understanding that it includesall of the Consultant’s costs and profits as well as anytax obligation that may be imposed on theConsultant.

B. Schedule of PaymentsThe schedule of payments is specified below (Modify inorder to reflect the output required.

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Kshs upon the Client’sreceipt of a copy of this Contract signed by theConsultant;

Kshs upon the Client’sreceipt of the draft report, acceptable to theClient;and

Kshs upontheClient’sreceiptof the final report, acceptable to theClient.

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 invoices induplicate to the Coordinator designated in Clause 4here below. If the Client has delayed payments beyondthirty (30) days after the due date hereof, simpleinterest shall be paid to the Consultant for each day ofdelay at a rate three percentage points above theprevailing Central Bank of Kenya’s average rate forbase lending.

4. Project A. Coordinator.Administration

The Client designates The SchemeAccountantas Client’s Coordinator; theCoordinator will be responsible for thecoordination of activities under this Contract,for acceptance and approval of the reports andof other deliverables by the Client and forreceiving and approving invoices forpayment.

B. Reports.

The reports shall be submitted in the course ofthe assignment and will constitute the basis forthe payments to be made under paragraph 3.

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5. Performance The Consultant undertakes to perform the ServiceswithStandards the highest standards of professional and ethical

competence and integrity. The Consultant shall promptlyreplace any employees assigned under this Contract thatthe Client considersunsatisfactory.

6. Confidentiality The Consultant shall not, during the term of this Contractand

within two years after its expiration, disclose anyproprietary or confidential information relating to theServices,this

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Contract or the Client’s business or operationswithout the prior written consent of the Client.

7. Ownershipof Any studies, reports or other material, graphic,softwareMaterial or otherwise prepared by the Consultant for the Client

under the Contract shall belong to and remain theproperty of the Client. The Consultant may retain a copyof such documents andsoftware.

8. ConsultantNot the Consultant agrees that during the term ofthistobeEngaged Contract and after its termination the Consultantandincertain any entity affiliated with the Consultant shallbeActivities disqualified from providing goods, works or services

(other than the Services and any continuation thereof) forany project resulting from or closely related to theServices.

9. Insurance TheConsultantwillberesponsiblefortakingout any appropriate insurance coverage.

10. Assignment The Consultant shall not assign this Contract or sub-contract

any portion of it without the Client’s prior writtenconsent.

11. Law Governing the Contract shall be governed by the lawsof Kenya and Contract and the language of the Contract shallbe English Language.Language

12. Dispute Any dispute arising out of the Contract which cannotbeResolution amicably settled between the parties shall be referred by

either party to the arbitration and final decision of aperson to be agreed between the parties. Failingagreement to concur in the appointment of an Arbitrator,the Arbitrator shall be appointed by the chairman of theChartered Institute of Arbitrators, Kenya branch, on therequest of the applyingparty.

FOR THE CLIENT FOR THE CONSULTANT

Fullname;_ Fullname;

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Title: Title: _Signatu

Date; Date; _

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6.3 CONFIDENTIAL BUSINESSQUESTIONNAIRE

You are requested to give the particulars in Part 1 and either Part 2 (a), 2(b) or 2 (c), whichever applies to your type of business. Part 2 (d) to part2(g) must be filled.

You are advised that it is a serious offence to give false information onthis Form. Giving wrong or false information on this Form will lead toautomatic disqualification / termination of your business proposal atyour cost.

Part 1 – General

BusinessName:

Certificate ofIncorporation/RegistrationNo Date ofIncorporation/Registration

State if Special Group (if any) (attached CertifiedCertificate

Location of business premises:

Physicaladdress Town Country

Contact Person (Full Names (in BLOCK Letters)

Name Position/Title Email

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Direct / MobileNo’s

DoesContactpersonhavePowerofAttorney?(Yes/No)IfYes,attach powerof attorneydocument

Nature of Business

Value of the largest single assignment you have undertaken to date (Kshs.)

Was this successfully undertaken? Yes /No.

Banking: -

Name (s) of yourbanker(s) Branch

Physicaladdress

Email

Financial

Auditor:-

Name

Physical AddressTelNo’s

Email

Part 2 (a) – Sole Proprietors

FullnamesNationality *Citizenshipdetail

PhysicalAddress

PhoneNumberEmail

Part 2 (b) – Partnerships

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Give details of partners as follows:

Full Name Nationality Citizenship Details Shares1

2

3

Part 2 (c) – Registered Company

Private orpublic

State the nominal and issued capital of the Company: -

NominalKshs IssuedKshs

Give details of all directors as follows:-

Part 2 (d) – Interest in the Firm:

Is there any person / persons in Central Bank of Kenya or any otherpublic institution that has interest in the Firm? Yes / No?(Delete asnecessary); If YES, give details below: -

Institution Title Signature Date

1

2

3

4

Full Name Nationality Citizenship Details Shares

1

2

3

4

5

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6.4 TENDER SECURITYFORMWhereas [name of Bidder] (hereinafter called <the tenderer> has submitted its biddated [date of submission of bid] for [particulars] (hereinafter called <thetender>).

KNOW ALL PEOPLE by these presents that WE [name of bank] of [name ofcountry], having our registered office at [name of procuring entity] (hereinaftercalled <the procuring entity> in the sum of [state the amount] for which paymentwell and truly to be made to the said procuring entity, the Bank binds itself, itssuccessors, and assigns by these presents. Sealed with the Common Seal of thesaidBankthis dayof 20

THE CONDITIONS of this obligation are: -

1. If the tenderer withdraws its tender during the period of tender validityspecified by the procuring entity on the Form;or

2. If the tender, having been notified of the acceptance of its tenderbytheprocuring entity during the period of tendervalidity

(a) Fails or refuses to execute the Contract Form, if required;or(b) Failsorrefusestofurnishtheperformancesecurity,inaccordance

with the Instructions totenders.(c) Refuses correction of arithmetic errors in thetender.

We undertake to pay to the procuring entity up to the above amount upon receiptof its first written demand, without the procuring entity having to substantiate itsdemand, provided that in its demand the procuring entity will note that theamount claimed by it is due to it, owing to the occurrence of one or both of theconditions, specifying the occurred condition(s)

This tender guarantee will remain in force up to and including thirty (30) daysafter the period of tender validity, and any demand in respect thereof shouldreach the Bank not later than the abovedate

[Signature of the Bank]

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6.5 PERFORMANCE SECURITYFORMTo: …………………………….

[Name of procuring entity]

WHEREAS......................................................................[Name oftenderer](Hereinafter called “the tenderer”) has undertaken, in pursuance of Contract No.

[Reference number of thecontract]dated 20to supply……………………………………………….

[Description of materials and spares] (Hereinafter called “the Contract”)

AND WHEREAS it has been stipulated by you in the said Contract thatthe tenderer shall furnish you with a bank guarantee by a reputablebank for a sum specified therein as security for compliance with theTenderer’s performance obligations in accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee:

THERFEFORE WE hereby affirm that we are Guarantors andresponsibletoyou,onbehalfofthetenderer,uptoatotalof……………………………[amount of the guarantee in words and figures], and we undertake topay you, upon your first written demand declaring the tenderer to be indefault under the Contract and without cavil or argument, any sum ofsums within the limitsof………………………………………………… [amount of guarantee] asaforesaid, without your needing to prove or to show grounds or reasonsfor your demand or the sum specified therein.

This guarantee is validuntilthe dayof 20

Signature and seal of the Guarantors

[Name of bank of financial institution]

[Address]

[Date]

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6.6 LETTER OF NOTIFICATION OFAWARD

Address of Procuring Entity

To:

RE:TenderNo.

TenderName

This is to notify that the contract/s stated below under the abovementioned tender have been awarded toyou.

13. Please acknowledge receipt of this letter of notification signifyingyouracceptance.

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

15. You may contact the officer(s) whose particulars appear below onthe subject matter of this letter of notification ofaward.

(FULLPARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

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6.7 FORM RB 1 REPUBLIC OFKENYAPUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO……………. OF……….….20……...

BETWEEN ......................................................................APPLICANTAND

……………………RESPONDENT (Procuring Entity) Request for review

ofthedecision ofthe…………… (Name ofthe Procuring Entity) of ...................... dated

the…day of ………….20……….in the matter of Tender No ................of

…………...20…

REQUEST FOR REVIEW

I/We……………………………, the above named Applicant(s), of

address: Physical address……………. Fax No……Tel. No… Email

……………, hereby request the Public Procurement Administrative

Review Board to review the whole/part of the above mentioned

decision on the following grounds, namely: -

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an

order/orders that: - 1.

2.

Etc.

SIGNED ......................... (Applicant)

Dated on……………. day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on

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………… day of ………....20….………

SIGNEDBoard Secretary

6.8 DECLARATION FORM

To:

Date

The tenderer i.e. (name andaddress)

declare thefollowing:

a) Has not been debarred from participating in publicprocurement.

b) Has not been involved in and will not be

involvedin corruption and fraudulent practices

regarding public procurement.

Title:

Signature:

Date:

(to be signed be authorized representative and officially stamped)

Dated on …………………. dayof……………., ...................... [insert date ofsigning]

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6.9 FIRM’S DETAILS REQUIRED FOR IFMISPROCESSING

<Insert Firms Address><Date:>

The Principal SecretaryProcuring EntityNAIROBI

RE: FIRM’S DETAILS

Listed below are the firm’s details to enable Order and Payment processing under theIFMIS System

Name: ……………………………………………………………Address: ……………………………………………………………Location: ……………………………………………………………E-mail: ……………………………………………………………IFMIS No.: ……………………………………………………………PIN: ……………………………………………………………VAT: ……………………………………………………………Bank Name: ……………………………………………………………Bank Code: ……………………………………………………………Bank Branch: ……………………………………………………………Account No. ……………………………………………………………

Signed: ………………………………In theCapacityof: ………………….

Company Stamp/Seal

66

6.10 SELF DECLARATION THAT THE PERSON/TENDERER IS NOTDEBARRED IN THE MATTER OF THE PUBLIC PROCUREMENT ANDASSET DISPOSAL ACT2015

I, ……………………………………., of Post Office Box…….………………………. being a

residentof........................................................in theRepublic

of............................................do hereby make a statement asfollows:-

1. THAT I am the Company Secretary/Chief Executive/Managing Director/Principal

officer/Director of………....………………………………..(insert name ofthe

Company) who is a Bidder in respect of Tender

No.…………………..for……………………..(insert tender

title/description) for……………………..(insert name of the Procuring

entity) and duly authorized and competent to make thisstatement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from

participating in procurement proceeding under Part IV of theAct.

3. THAT what is deponed to herein above is true to the best of my knowledge, informationandbelief.

…………………………………. ……………………………….

(Title) (Signature) (Date)

Bidder Official Stamp

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6.11 SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE INANY CORRUPTOR FRAUDULENTPRACTICE

I,…………………………………….of P.O. Box… ...............................being a residentof

………………………………….. in the Republic of ……………….. do hereby make a

statement asfollows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of

……………………………….. (insert name of the Company) who is a Bidder in

respect of TenderNo.…………………..for… .......... (insert tender

title/description)for

……………………..( insert name of the Procuring entity) and duly authorized and

competent to make thisstatement.

1. THAT the aforesaid Bidder, its servants and/or agents/subcontractors will not engage in

any corrupt or fraudulent practice and has not been requested to pay any inducement to

any member of the board, Management, Staff and/or employees and/or agentsof

……………………..(insert name of the procuring entity)which is the procuring entity.

2. THAT the aforesaid bidder, its servants and/or agents/subcontractors have not offered

any

inducementtoanymemberoftheboard,Management,Staffand/oremployeesand/oragentsof

…………………….. (name of the procuringentity)

3. THAT the aforesaid bidder will not engage/has not engaged in any corrupt practice

without her bidders participating in the subjecttender

4. THAT what is deponed to herein above is true to the best of my knowledge informationandbelief.

…………………………… ………………………

(Title) (Signature)

(Date) Bidder’s Official Stamp

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6.12 SELF DECLARATION THAT THE PERSON/TENDERER WILL COMPLYWITH LABOUR LAWS AND WAGE REGULATIONGUIDELINES

I, ……………………………………. of P.O. Box……………………….being a resident of

………………………………….. in the Republic of ……………….. do hereby make a

statement asfollows:-

THAT I am the Chief Executive/Managing Director/Principal Officer/Director of

………....……………………………….. (insert name of the Company) who is a Bidder in

respect of Tender No.………………….. for .................. (insert tender

title/description)for ……………………..( insert name of the Procuring entity) and duly

authorized and competent to make thisstatement.

THAT

We shall comply with all labour laws and the minimum wage regulations during the entire

period of the contract and understand that failure to meet this requirement at any time

during the contract period will be a ground for cancellation of the contract. The key

indicators on compliance for this are

Payment of salaries in time-there should be no complaints from your staff of delayedsalaries.

Procuring entity may make Impromptu request for a tax Compliance certificates from

KRA and the same shall be submitted within sevendays.

Procuring entity may make Impromptu request for a Compliance certificates from NSSF

and the same shall be submitted within sevendays.

Procuring entity may make Impromptu request for Compliance certificate from NHIF

and the same shall be submitted within sevendays.

…………………… ……………………………..…

(Title) (Signature)

(Date)