Beruflich Dokumente
Kultur Dokumente
FOR
MANAGING DIRECTOR
KENYA REINSURANCE CORPORATION LIMITED
P. O. BOX 30271 – 00100
NAIROBI
MAY 2015
Table of Contents
SECTION I ........................................................................................................................................... 3
SECTION II .......................................................................................................................................... 5
2.1 INTRODUCTION ............................................................................................................................ 5
2.2 CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS ............................................................... 5
2.3 PREPARATION OF TECHNICAL PROPOSAL ...................................................................................... 6
2.4 PREPARATION OF FINANCIAL PROPOSAL ....................................................................................... 7
2.5 VALIDITY OF THE PROPOSALS ........................................................................................................ 7
2.6 SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS ................................................................... 8
2.7 PROPOSAL EVALUATION GENERAL ................................................................................................ 8
2.8 EVALUATION OF TECHNICAL PROPOSAL ........................................................................................ 9
2.9 EVALUATION OF FINANCIAL PROPOSAL ........................................................................................ 9
2.10 NEGOTIATIONS ........................................................................................................................ 10
2.11 AWARD OF CONTRACT ............................................................................................................ 11
2.12 CONFIDENTIALITY .................................................................................................................... 11
2.13 CORRUPT OR FRAUDULENT PRACTICES ....................................................................................... 11
2.14 APPENDIX TO INFORMATION TO CONSULTANTS (APPENDIX “ITC”) .......................................... 12
SECTION III ...................................................................................................................................... 20
SECTION IV ...................................................................................................................................... 30
SECTION V ....................................................................................................................................... 34
SECTION VI ...................................................................................................................................... 38
SECTION I
1.1 The Kenya Reinsurance Corporation Ltd. invites interested bidders to tender for:-
NO TENDER NO DESCRIPTION OF SERVICE TENDER SUBMISSION FORMAT
1 SECURITY CONSULTANCY SERVICES COMBINED TECHNICAL AND
FINANCIAL PROPOSALS
1.2 Interested eligible candidates may obtain further information from and inspect
the tender documents at Kenya Re website www.kenyare.co.ke.
1.3 Tender documents in plain sealed envelopes clearly bearing the correct tender
number should be deposited in the Tender Box located on the 16th floor of
Reinsurance Plaza Aga Khan Walk NAIROBI or be sent to:-
Managing Director
Kenya Reinsurance Corporation, Ltd
Reinsurance Plaza, Nairobi
Aga Khan Walk
P.O. Box 30271 - 00100
NAIROBI
1.4 Tenders to be received by. Tenders will be opened immediately thereafter in the
presence of the candidates representatives who choose to attend at the
Corporations boardroom located at 16th Floor of the same building.
1.5 Prices quoted MUST be expressed in local currency i.e. Kenya shillings inclusive of Government
taxes and should remain valid for a period of 120 days from the date of closing of the tender.
1.6 The tender security shall be 2 per cent of the tender price .The tender Security shall
be from a financial institution approved and regulated by the Central Bank of Kenya
and shall be in any of the following forms; Banker’s cheques, a bank guarantee, an
insurance company guarantee from Public Procurement Oversight Authority (PPOA)
approved Insurance firms, Letter of credit, or Guarantee by a deposit taking
microfinance institution/Sacco society/Youth Development Fund/Women Enterprise
Fund. Find the template for the insurance tender security bond in the section titled
“Standard Forms” in the tender document. The Tender Security should be for a period
of 120 days from date of closing of the Tender.
1.7 Bidders who download the tender document from the website MUST forward their
particulars immediately via e-mail to procurement@kenyare.co.ke. This is for records
and any further tender clarifications and addendum where necessary. The particulars
should include name of firm, postal address, telephone number, e-mail address, tender
number and tender name.
(Bidders should not request for clarification through the said e-mail – The purpose
of this e-mail is for submission of tender particulars requested above ONLY)
All request for clarifications must be done in writing (through a letter – Hard Copy
Only) addressed and delivered to the address below.
Please note that any announcement, change or amendment to this tender shall be
conveyed through the Kenya Re website. www.kenyare.co.ke Bidders are therefore
requested to visit the website regularly throughout the tender period.
Details on the proposal’s submission date, time and address are provided in Section 2 -
Information to Consultants.
SECTION II
2.1 Introduction
2.1.1 The Client will select a firm among those who will submit their proposal, in
accordance with the method of selection detailed in the appendix. The
method of selection shall be as indicated by the procuring entity in the
Appendix.
2.1.2 The consultants are invited to submit a Technical and Financial Proposals as
specified in the Appendix “ITC” for consulting services required for the
assignment named in the said Appendix. The proposals will be the basis for
Contract negotiations and ultimately for a signed Contract with the selected
firm.
2.1.3 The consultants must familiarize themselves with local conditions and take
them into account in preparing their proposals. To obtain firsthand
information on the assignment and on the local conditions, consultants are
encouraged to liaise with the Client regarding any information that they
may require before submitting a proposal and to attend a pre-proposal
conference where applicable.
2.1.4 The Procuring entity will provide the inputs specified in the Appendix “ITC”,
and make available relevant project data and reports.
2.1.5 Please note that (i) the costs of preparing the proposal and of negotiating
the Contract, including any visit to the Client are not reimbursable as a
direct cost of the assignment; and (ii) the Client is not bound to accept any
of the proposals submitted.
2.1.6 The procuring entity’s employees, committee members, board members
and their relative (spouse and children) are not eligible to participate.
2.2 Clarification and Amendment of RFP Documents
2.2.1 Consultants may request a clarification of any of the RFP documents only up
to seven [7] days before the proposal submission date. Any request for
clarification must be sent in writing by paper mail, facsimile or electronic mail
to the Client’s address indicated in the Appendix “ITC”. The Client will
respond to the query as necessary. If the client finds the clarification material
enough, a notice will be placed in the Clients Website; www.kenyare.co.ke
which will be in the form of an addendum.
2.2.2 At any time before the submission of proposals, the Client may for any
reason, whether at his own initiative or in response to a clarification
requested by any bidding firm, amend the RFP. Any amendment shall be
issued in writing through addenda. Addenda shall be hosted on the client’s
website and the Consultants shall acknowledge receipt of all amendments
in writing. The Client may at his discretion extend the deadline for the
submission of proposals to give the Consultants reasonable time to take an
amendment into account in their Proposals.
2.2.3 The Consultant may submit a modified Proposal or a modification to any
part of it at any time prior to the proposal submission deadline. No
modifications to the Proposal shall be accepted after the deadline
2.3.3 While preparing the Technical Proposal, consultants must give particular
attention to the following:
(i) If a firm considers that it does not have all the expertise for the
assignment, it may obtain a full range of expertise by associating with
other consultant(s) and/or other firms or entities in a joint venture or
sub-consultancy as appropriate. Consultants shall not associate with
the other consultants bidding for this assignment. The Consultant
(including the individual members of any Joint Venture) shall submit
only one Proposal, either in its own name or as part of a Joint Venture. If
a Consultant, including any Joint Venture member, submits or
participates in more than one proposal, all such proposals shall be
disqualified and rejected.
(ii) It is desirable that the majority of the key professional staff proposed be
permanent employees of the firm or has an extended and stable
working relationship with it.
(iii) Proposed professional staff must as a minimum, have the experience
indicated in Appendix “ITC”, preferably working under conditions
similar to those prevailing in Kenya.
(iv) Alternative professional staff shall not be proposed and only one
Curriculum Vitae (CV) may be submitted for each position.
2.3.4 The Technical Proposal shall provide the following information using the
attached Standard Forms;
2.3.5 The Technical Proposal shall not include any financial information.
2.4.1 In preparing the Financial Proposal, Bidders are expected to take into
account the requirements and conditions outlined in the RFP
documents. The Financial Proposal shall use the formats provided in
Section IV. The Financial Proposal shall list out all costs associated with
the assignment including but not limited to:
a) Remuneration for staff in the field and at the headquarters;
b) Reimbursable expenses such as subsistence (per diem, housing),
transportation (international, local for mobilisation and
demobilization), services and equipment, (vehicles, office
equipment, furniture and supplies) office rent, insurance, printing of
documents and training expenses; and
c) All miscellaneous expenses.
If appropriate all these costs to be broken down by activity.
The financial proposal should clearly identify as a separate amount,
the local taxes, duties, levies and other charges imposed under the law
on the consultants, the sub consultants and their personnel.
The Proposal shall remain valid for 120 days from the closing date.
2.4.3 Consultants shall express the price of their services in Kenya Shillings.
has the right to refuse to extend the validity of its Proposal in which case
such Proposal will not be further evaluated.
MANDATORY REQUIREMENTS
NO REQUIREMENTS YES NO
1 Copy of Certificate of Registration/Incorporation
2 Copy of valid and current Tax compliance
certificate
4 Site visit certificate form signed and stamped for
each building
5 Audited Financial statements for the last three
consecutive years (2013, 2012 and 2011)
6 Duly completed confidential Business
Questionnaire
8 2% Tender Security valid for a period of 120 days
from closing of the Tender.
2.11.3 The parties to the contract shall have it signed within 30 days from the
date of notification of contract award unless there is an administrative
review request.
2.11.4 The procuring entity may at any time terminate procurement
proceedings before contract award and shall not be liable to any
person for the termination.
2.11.5 The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14 days of
receiving the request from any tenderer.
2.11.6 To qualify for contract awards, the tenderer shall have the following:
2.11.6.1 Necessary qualifications, capability experience, services,
equipment and facilities to provide what is being procured.
2.11.6.2 Legal capacity to enter into a contract for procurement.
2.11.6.3 Shall not be insolvent, in receivership, bankrupt or in the process
of being wound up and is not the subject of legal proceedings
relating to the foregoing.
2.11.6.4 Shall not be debarred from participating in public procurement
by competent authority.
2.12 Confidentiality
2.12.1 Information relating to evaluation of proposals and recommendations
concerning awards shall not be disclosed to the consultants who
submitted the proposals or to other persons not officially concerned with
the process, until the winning firm has been notified that it has been
awarded the Contract.
2.13 Corrupt or fraudulent practices
2.13.1 The procuring entity requires that the consultants observe the highest
standards of ethics during the selection and award of the consultancy
contract and also during the performance of the assignment. The
tenderer shall sign a declaration that he has not and will not be involved
in corrupt or fraudulent practices.
2.13.2 The procuring entity will reject a proposal for award if it determines that
the consultant recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question.
2.13.3 Further a consultant who is found to have indulged in corrupt or
fraudulent practices risks being debarred from participating in public
procurement in Kenya.
2.14 Appendix to Information to Consultants (APPENDIX “ITC”)
Clause Reference
The following information for procurement of consultancy services and selection of
consultants shall complement or amend the provisions of the information to
consultants, wherever there is a conflict between the provisions of the information to
consultants and the provisions of the appendix, the provisions of the appendix ‘A’
herein shall prevail over those of the information to consultants.
Description of the
The anticipated Scope of Services includes but is
assignment
not limited to the following:
• Project Planning
• Threat, risk and vulnerability analysis/ assessment
in all the four corporation buildings
• Design of Security Systems
• Preparation of Tender Documents
• Evaluation of Tenders
• Contract Management
• Project Management and Supervision
a) Inception
i. Establish the objectives and priorities of Kenya
Re.
ii. Prepare a roadmap for the entire project from
inception to handover.
iii. Conduct a thorough security risks analysis/audit
of Kenya Re Commercial Properties and devise
mitigation strategies.
iv. Prepare detailed report to management clearly
indicating the security risks noted, the mitigating
factors to be implemented, design a
procurement system that will suit the needs of
e) Closure
i. Ensure that all the defects arising out of the
construction works are rectified within the 12
months defects rectification period in
consultation with the Corporation and the
contractor.
ii. Collect all the project closure documentation
from the contractors collate them into a project
closure report and thereafter hand it over to the
client in a project closure meeting attended by
all the project participants. The project closure
will contain the final accounts, testing and
commissioning certificates, as built drawings,
maintenance manuals, warranties and
guarantees, certificate of making good defects
and recommendations for the future projects.
2.1.3 A (site visit) will be held: Yes
2.1.4 Kenya Re will provide the Provide a Liaison Officer for client-consultant
following inputs: communication.
2.1.5 Purchase Price for RFP The RFP may be downloaded from Kenya Reinsurance
Corporation Limited website free of charge.
2.1.6 Tenderers to review Tenderers may review the RFP or download from KRCL
documents on Kenya Website. www.kenyare.co.ke;
Reinsurance Corporation
Limited website
2.2.1 Requests for clarification to The Managing Director
& be sent to: Kenya Reinsurance Corporation Limited
2.6.1 P. O. Box 30271 – 00100
NAIROBI
TEL. +254-20 –;TEL: +254-; FAX: +254-20-E-MAIL:
TEL. +254-20 – 2202000
TEL: +254-703083350
FAX: +254-20-340486, 2223944;
E-MAIL: kenyare@kenyare.co.ke;
WEBSITE: www.kenyare.co.ke;
2.3.3 The minimum required Refer to 2.3.3 (v); 2.3.4 (v) and 2.7.1 below
(iii) experience of the proposed
professional staff is:
2.3.3 The Consultant will at a MINIMUM meet the requirements laid down below.
(iv)
The Procuring Entity will need to be satisfied that the consultant submitting the RFP
complies with all requirements by way of producing required evidence. Should the
bidder not provide the required evidence he shall be deemed to be non-responsive
and will be disqualified from further evaluation
Consultant must provide the required personnel, possessing the relevant experience,
in order to ensure the quality implementation of the tasks under this specification.
Consultant must propose the type of personnel, positions, number and duration of
their involvement in the proposal.
For implementation of the assignment, the Consultant shall appoint expert team that
includes as a minimum the following key experts:
1. Team Leader ( Expert Security Consultant)
2. Expert Consultant in systems and equipment
A key expert may cover several field of expertise, provided that his Qualifications and
experience complies with the requirements laid down in TOR.
A. KEY EXPERT: SECURITY CONSULTANT TEAM LEADER
The team leader shall be responsible for day-to-day management of the assignment
and shall act as the key point of liaison with the Contracting Authority and/or the
Steering Committee.
Main functions of the Team Leader are:
To manage and co-ordinate day-to-day work of consultancy assignment as
described in section 2.14 above.
To supervise the contractors during performance of the project in all aspects
which are within his/her competence and are subject of these specifications.
Qualification and skills:
The Team Leader shall be a security consultancy expert with a relevant degree
from a recognized University and experience of at least 3 years. The Team
Leader shall have successfully completed, as Team Leader or principal security
consultant, at least in 3 (three) security related projects each having a works
value of at least KShs 10 million.
CRITICAL REQUIREMENTS Attach copy of degree certificates At least 3 years post
qualification experience.
Evidence of having successfully handled at least 3 (three) security consultancy
projects each having a works value of at least KShs 10 million within the last five
years either as a firm or as an individual.
B. EXPERT CONSULTANT: SECURITY SYSTEMS
The Expert Security Systems and Equipment Consultant shall have be an
engineering expert with a relevant degree in Engineering from a recognized
University, registered with requisite professional institutions, and having post
registration experience of at least 3 years. Attach copy of degree certificates
and practicing licenses certified by the registering body;
The Expert Security Systems Consultant shall have successfully completed, as
design consultant for security systems in at least 3 (three) projects each having
a works value of at least KShs 2 million.
For purposes of upholding ethical practice to be a member of a credible
professional body.
2.4.2 Taxes Proposal should be inclusive of all taxes e.g. Withholding
Tax, VAT etc and in line with Kenya Revenue Authority
(KRA) requirements. Applicants should refer to KRA
website www.kra.go.ke for further information.
2.4.3 Currency for Tender The Consultants fees shall be paid in Kenya Shillings.
2.5.2 Documents required Consultants must submit one (1) original and one (1) copy
of Technical/Financial Proposal.
2.5.3 The proposal submission The Proposal, marked as stipulated in the ITC shall be
address is: addressed to:
THE MANAGING DIRECTOR
KENYA REINSURANCE CORPORATION LIMITED
REINSURANCE PLAZA, NAIROBI, TAIFA ROAD
P.O. Box 30271-00100
NAIROBI.
AND deposited in the Tender Box on 16th Floor
Reinsurance Plaza, Nairobi, Taifa Road.
2.5.4 Proposals must be 15th June, 2015 at 10.00 am
submitted no later than
the following date and
time:
2.6.3 i. To be responsive, Bidders whose total for technical evaluation is less than
Bidder must submit 60% of the total will not be evaluated further.
Experts meeting the The Technical score for bidders who score 60% and
CRITICAL above will be carried forward to Financial Evaluation
REQUIREMENTS for
each expert as listed
above;
ii. The minimum technical
score required to pass
2.7 Evaluation criteria for Technical Evaluation Maximum Points
(i) Specific experience of the consultant related to the assignment 10
(ii) Adequacy of the proposed work plan and methodology in responding
to the terms of reference 45
(iii) Qualifications and competence of the key staff for the assignment 45
Total Max. Points 100
2.7.1 Details of Evaluation Criteria are shown below herein:
Responsibility Qualifications and Experience Max. points
Points
iii. Qualifications & Competence of the key staff for the assignment 45
(NOTE: To be responsive, Bidders must submit details of experts meeting the critical
qualification requirements in EACH of the three areas listed at clause2.3.3 (v)). For all
professional qualifications stated, bidder must attach the relevant professional and
academic certificates.
1. Team Leader
1. Team Leader i) The Experts should provide details of relevant academic 30
certificates. [Masters in Security related Discipline] – 5
marks; [Bachelors in Security related Discipline]; 2 marks;
ii) The Team Leader shall have successfully completed,
as Team Leader or principal consultant in security
related projects (Counter terrorism, Effective physical
security design including barriers/bollards/spikes, anti-
blast systems, access controls, Design, specifications
and implemented multiple sites integrated security
management projects, Designed and supervised
security installations in a business premises within a
major metropolis, Threat, risk and vulnerability analysis
and installation surveys) , in at least 3 (three) security
consultancy project works each having a works value
of at least KShs 10million. [3 marks each for each
security system consultancy and design - Max 9
marks] as per firms references; Cross border
experiences; 6 marks; [Total 15 marks];
iii) The team leader should describe similar security
consultancies and his/her role in the assignments. [3 or
more years’ experience- 10 marks; 1 – 2 years’
experience- 5 marks] [Total- 10 marks]
Attach relevant certificates and letters of recommendation
from the previous clients indicating the roles and tasks in
which the team leader undertook.
2. Technical Experts
Expert Security (i) The Experts should provide details of academic and 15
Systems and professional qualifications. [Bachelors in Engineering and
equipment above]; 4 marks; Membership of mandatory statutory
Consultant professional body – 2 marks] [Total 6 Marks]
(ii) The Experts should provide details of experience in
designing and supervision of security installation projects
of similar size and complexity (Effective physical security
design including barriers/bollards/spikes, anti-blast
systems, access controls, design, specifications and
implemented multiple sites integrated security
management projects, designed and supervised
security installations in a business premises) (works value
of at least KShs 2 million). [2 marks each for each security
T = Technical Weighting
Sf = Financial Score
P = Financial Weighting
S = Combined Financial and Technical Score
SECTION III
3.0 TECHNICAL/FINANCIAL PROPOSAL
[_______________ Date]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for the-----------------------------
---------------------------- in accordance with your Request for Proposal dated
______________________ [Date] and our Proposal. We are hereby submitting our
Proposal, which includes this Technical Proposal.
We understand you are not bound to accept any Proposal that you receive.
We remain,
Yours sincerely,
_________________________________ [Address:]
Relevant Services Carried Out in the Last Five (5) Years That Best Illustrate Qualifications
Using the format below, provide information on each assignment for which your firm
either individually, as a corporate entity or in association, was legally contracted.
Name & Address of Client: Clients contact person for the assignment.
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions
Performed:
3.4 COMMENTS AND SUGGESTIONS ON ToRS AND ON DATA, SERVICES AND FACILITIES
TO BE PROVIDED BY THE CLIENT (FORM T3).
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
3.5 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT (FORM T4)
1. Technical/Managerial Staff
2. Support Staff
Name Position Task
Profession: ___________________________________________________________________
Education:
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant
previous assignments and give dates and locations].
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 of employing
organizations, titles of positions held, and locations of assignments.]
Certification:
I, the undersigned, certify that these data correctly describe me, my qualifications, and
my experience.
Signature: _______________________________
(Authorized representative)
Title: ____________________________________
Address: ________________________________
Activity (Work)
SECTION IV
[Location, Date]
Managing Director
Kenya Reinsurance Corporation, Ltd
Reinsurance Plaza, Nairobi
Aga Khan Walk
P.O. Box 30271 - 00100
NAIROBI
Dear Sirs:
We, the undersigned, offer to provide the consulting services for the-----------------------------
---------------------------- in accordance with your Request for Proposal dated [Insert Date]
and our Technical Proposal. Our attached Financial Proposal is for the sum of [Insert
amount(s) in words and figures1]. This amount is inclusive of the local taxes.
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e.
before the date indicated in Paragraph Reference 1.12 of the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
SUMMARY OF COSTS
Amounts in Kshs
Staff Remuneration
Taxes
SECTION V
Kenya Reinsurance Corporation Limited is the oldest Reinsurer in Eastern and Central
Africa. It was established through an Act of Parliament in December 1970 and
commenced business in January 1971. Kenya Re’s core activity is providing quality
reinsurance services. Currently, Kenya Re provides reinsurance services to more than
200 companies spread over 50 countries, mainly in Africa, Middle East and Asia. In
Kenya it reinsures all 45 insurance companies and 7 reinsurance companies and is listed
at the Nairobi Securities Exchange.
Kenya Re is listed Nairobi Stock Exchange since 2007. The equity shareholding of the
Corporation is 60% owned by the Government of Kenya and the other 40% by other
shareholders among them insurance companies. The Corporation has rebranded after
41 years of operation
The project will be undertaken in four (4) commercial buildings namely Reinsurance
Plaza Nairobi Reference No.209/8770 located along Taifa Road in the CBD, Anniversary
Towers Land Reference No.209/9744 located along University Way CBD Nairobi, Kenya
Re Towers Land Reference Number 209/12922 off Ragati Road Upper Hill, Nairobi and
Reinsurance Plaza Kisumu L.R Number Kisumu/Block 7/378 located at the junction of
Oginga Odinga Street and Jomo Kenyatta Highway in the CBD Kisumu.
In view of the deteriorating security situation in the country, the constant threat of
terrorism and crime, and the strategic location of Corporation buildings, the
Corporation intends to secure all its assets including buildings and all the users therein
as well as Corporation offices in each building. This will ensure control of access into
these buildings by both human and vehicular traffic and counter any form of terrorism
and mitigate against any security risk.
KRCL intends to install security facilities in all its commercial buildings in Nairobi and
Kisumu. In this regard KRCL is looking for a qualified security consultant to provide
consultancy services including security risk assessment, design and supervise installation
of necessary security facilities: The objectives of the consultancy include:
a) Carryout Threat, vulnerability and security risk assessment and analysis/audit and
design, supervise the project from inception to completion of all installations in
accordance to manufacturers specifications and prevailing building code.
b) Be responsible for ensuring compliance with quality standards. This shall cover all
areas of project management including cost, time, quality and safety
management and contract administration.
c) The consultant will be responsible for the smooth organization, implementation
and completion of the project within the approved budget and time to the
satisfaction of the Client.
d) The project could be implemented in phases subject to budgetary availability
and requirements.
The Consultant shall provide offices, personnel, equipment, software etc required to
undertake the entire work as specified in these TOR.
KRCL shall:
i. Provide requisite data and other information available within KRCL required
by the Consultant for the assignment;
ii. Provide a Liaison Officer to provide linkage/liaison between the Consultant
and the Client.
Currency of Payment
Payment shall be made in Kenya Shillings.
Advance Payments
No advance payment will be paid to consultants.
Payment schedule
The fees shall be apportioned based on the following service stages:
Service Percentage of
stage Description fees
Inception report detailing the security risk
assessment/analysis and cost estimate, detailed
design and tender documents, tender analysis,
1 award and contract signing. 25%
Construction and contract administration, when
the works are declared practically complete,
training undertaken and certificate of completion
2 issued to the satisfaction of the Corporation. 50%
Project closure, on issuance of the final valuation
certificate upon expiry of the defects liability
3 period. 25%
Total 100%
SECTION VI
6.1.1 The Lump-Sum price is arrived at on the basis of inputs – including rates –
provided by the Consultant. The Client agrees to pay the Consultant
according to a schedule of payments linked to the delivery of certain
outputs, usually reports. Lump-sum contracts have the simplicity of
administration, the Client having only to be satisfied with the outputs
without monitoring the staff inputs and should be used for large
Assignments in for example Design; Engineering; Supervision and
Management Services; Master plans; Economic and Feasibility studies;
and Surveys.
6.1.2 The Contract includes four parts: Form of Contract, the General
Conditions of Contract, the Special Conditions of Contract and the
Appendices. The Client using this standard contract should not alter the
General Conditions. Any adjustment to meet any specific project features
should be made only in the Special Conditions.
Between
_________________________
[Name of the Client]
and
___________________________
[Name of the Consultant]
This Agreement (hereinafter called the “Contract”) is made the ________) day of the
month of _______________ [month], [year], between
___________________________________, [name of client] of [or whose registered office is
situated at] _________________________________________ [location of office] (hereinafter
called the “Client”) of the one part AND
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting
services as defined in the General Conditions of Contract attached to this
Contract (hereinafter called the “Services”);
(b) the Consultant, having presented to the Client that he has the required
professional skills and personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract;
2. The mutual rights and obligations of the Client and the Consultants shall be as
set forth in the Contract; in particular:
(a) The Consultant shall carry out the Services in accordance with the
provisions of the Contract; and
(b) The Client shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
[Title]________________________________________________
[Signature]___________________________________________
[Date]________________________________________________
[Title]______________________________________________
[Signature]_________________________________________
[Date]_______________________________________________
6.4.1 Definitions Unless the context otherwise requires, the following terms
whenever used in this Contract shall have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Republic of Kenya as they may be
issued and in force from time to time;
(b) “Contract” means the Contract signed by the Parties, to which
these General Conditions of Contract (GC) are attached together
with all the documents listed in Clause 1 of such signed Contract;
(c) “Contract Price” means the price to be paid for the performance
of the Services in accordance with Clause 6 here below;
(d) “Foreign Currency” means any currency other than the Kenya
Shilling;
(e) “GC” means these General Conditions of Contract;
(f) “Government” means the Government of the Republic of Kenya;
(g) “Local Currency” means the Kenya Shilling;
(h) “Member”, in case the Consultant consists of a joint venture of
more than one entity, means any of these entities; “Members”
means all these entities, and “Member in Charge” means the entity
specified in the SC to act on their behalf in exercising all the
Consultant’s rights and obligations towards the Client under this
Contract;
(i) “Party” means the Client or the Consultant, as the case may be
and “Parties” means both of them;
(j) “Personnel” means persons hired by the Consultant or by any Sub
consultant as employees and assigned to the performance of the
Services or any part thereof;
(k) “SC” means the Special Conditions of Contract by which the GC
may be amended or supplemented;
(l) “Services” means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendix A; and
(m) “Sub consultant” means any entity to which the Consultant
subcontracts any part of the Services in accordance with the
provisions of Clauses 3 and 4.
6.4.2 Law Governing: This Contract, its meaning and interpretation and the
Contract relationship between the Parties shall be governed by the Laws
of Kenya.
6.4.3 Languagee. This Contract has been executed in English language which
shall be the binding and controlling language for all matters relating to
the meaning or interpretation of this Contract.
6.4.4 Notices. Any notice, request, or consent made pursuant to this Contract
shall be in writing and shall be deemed to have been made when
delivered in person to an authorized representative of the Party to whom
the communication is addressed or when sent by registered mail, telex,
telegram or facsimile to such Party at the address specified in the SC.
6.4.7 Taxes and The Consultant, Sub consultant[s] and their personnel
Duties shall pay such taxes, duties, fees and other
impositions as may be levied under the Laws of
Kenya, the amount of which is deemed to have
been included in the Contract Price.
6.4.8 Effectiveness of This Contract shall come into effect on the date the
Contract Contract is signed by both Parties and such other
later date as may be stated in the SC.
6.4.9 Commencement The Consultant shall begin carrying out the Services
of Services thirty (30) days after the date the Contract
becomes effective or at such other date as may be
specified in the SC.
Extension Of Time Any period within which a Party shall, pursuant to this
Contract complete any action or task shall be extended for
a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.
6.5 Termination
By the client The Client may terminate this Contract by not less than
Client thirty (30) days’ written notice of termination to the
Consultant, to be given after the occurrence of any of the
events specified in this Clause;
By the Consultant The Consultant may terminate this Contract by not less than
thirty (30) days’ written notice to the Client, such notice to
be given after the occurrence of any of the following
events;
General The Consultant shall perform the Services and carry out his
Obligations with all due diligence, efficiency and economy
in accordance with generally accepted professional
techniques and practices and shall observe sound
management practices, and employ appropriate
advanced technology and safe methods. The Consultant
shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the Client
Consultant and The Consultant agrees that, during the term of this Contract
Affiliates Not to and after its termination, the Consultant and his affiliates, as
be Otherwise well as any Sub-consultant and any of his affiliates, shall be
interested in disqualified from providing goods, works or services (other
Project than the Services and any continuation thereof) for any
project resulting from or closely related to the Services.
Insurance to be The Consultant (a) shall take out and maintain and shall
Taken Out by the cause any sub-consultant[s] to take out and maintain, at his
Consultant (or the sub-consultants’, as the case may be) own cost but
on terms and conditions approved by the Client, insurance
against the risks and for the coverage, as shall be specified
in the SC; and (b) at the Client’s request, shall provide
evidence to the Client showing that such insurance has
been taken out and maintained and that the current
premiums have been paid.
Reporting The Consultants shall submit to the Client the reports and
Obligations documents specified in Appendix A in the form, in The
numbers, and within the periods set forth in the said
Appendix.
7.2.1 Assistance The Client shall use his best efforts to ensure that he
and provides the Consultant such assistance and exemptions
Exemptions as may be necessary for due performance of this
Contract.
7.2.2 Change in If after the date of this Contract, there is any change in
the the Laws of Kenya with respect to taxes and duties
Applicable which increases or decreases the cost of the Services
Law rendered by the Consultant, then the remuneration and
reimbursable expenses otherwise
Payable to the Consultant under this Contract shall be
increased or decreased accordingly by agreement
between the Parties and corresponding adjustments
shall be made to the amounts referred to in Clause 6.2
(a) or (b), as the case may be.
7.2.3 Services and The Client shall make available to the Consultant the
Facilities Services and Facilities listed under Appendix E.
8.2 Contract (a) The price payable in Kenya Shillings is set forth in the
Price SC.
Additional
8.3 Payment for For the purposes of determining the remuneration due
for additional services as may be agreed under Clause
2.4, a breakdown of the lump-sum price is provided in
Appendices D and E.
9.1 Amicable The Parties shall use their best efforts to settle amicably all
Settlement disputes arising out of or in connection with this Contract
or its interpretation.
Client: _____________________________________________
Attention: _______________________________________
Telephone: _______________________________________
Telex; _______________________________________
Facsimile: _______________________________________
Consultant: _________________________________________
Attention: _________________________________________
Telephone: _________________________________________
Telex: _________________________________________
Facsimile: _________________________________________
10.3 The date on which this Contract shall come into effect
Is (_________________) [date].
Note: Fill in the period, e.g., twenty-four (24) months or such other
period as the Parties may agree in writing.
11.0 APPENDICES
List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”
List under: C-1 Titles [and names, if already available], detailed job
descriptions and minimum qualifications of Personnel and staff-
months for each.
List here the elements of cost used to arrive at the breakdown of the lump-sum price –
local currency portion.
2. Reimbursable expenditures.
This appendix will exclusively be used for determining remuneration for additional
services.
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender
have been awarded to you.
2. The contract/contracts shall be signed by the parties within 30 days of the date
of this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject
matter of this letter of notification of award.
(FULL PARTICULARS)
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 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…
SIGNED
Board Secretary
1. If the Tenderer withdraws its Tender during the period of tender validity specified
by the Tenderer on the Tender Form; or
2. If the Tenderer, having been notified of the acceptance of its Tender by the
Employer during the period of tender validity:
(a) fails or refuses to execute the Contract Form, if required; or
(b) fails or refuses to furnish the performance security, in accordance with the
Instructions to Tenderers;
We undertake to pay to the Employer up to the above amount upon receipt of its first
written demand, without the Employer having to substantiate its demand, provided
that in its demand the Employer will note that the amount claimed by it is due to it,
owing to the occurrence of one or both of the two conditions, specifying the occurred
condition or conditions.
This guarantee will remain in force up to and including thirty (30) days after the period
of tender validity, and any demand in respect thereof should reach the Bank not later
than the above date.
You are requested to give the particulars indicated in Part 1; either part 2(a),
2(b) or 2(c) whichever applies to your type of business and part 3.
You are advised that it is a serious offence to give false information on this form.
Part 1 – General
Business Name
Nature of Business
Maximum value of Business which you can handle at any one time.
Kshs ……………………………………………………………………………………………
Age………………………………………………………………………………………
Nationality …………………………………………………………………………………...
Country of Origin……………………………………………………………………………
Citizen Details………………………………………………………………………………
……………………………………………………………………………………………
2b.2
1…………………………………………………………………………………..............
2……………………………………………………………………………………………
3……………………………………………………………………………………………
4……………………………………………………………………………………………
………………………………………………………………………………………………
Part 2 (C) – Registered Company
Private or Public
………………………………………………………………………………………………
………………………………………………………………………………………………
1…………………………………………………………………………………..............
2……………………………………………………………………………………………
3……………………………………………………………………………………………
4……………………………………………………………………………………………
5……………………………………………………………………………………………
4.15 Does an Employee, Committee Member, Board Member of Kenya Re, sit in the
Board of Directors or Management of your Organization, subsidiaries or Joint Venture?
Yes……………………..No…………………………………………..
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
………………………………………………………………………………………….
4.17 Has your Organization, Subsidiary Joint Venture or Sub-contractor been involved
in the past directly or indirectly with a firm or any of its affiliates that have been
engaged by Kenya Reinsurance Corporation Ltd to provide consulting services for
preparation of design, specifications and other documents to be used for procurement
of the goods under this invitation?
Yes…………………………………..No………………………………………………
4.19 Are you under a declaration of ineligibility for corrupt and fraudulent Practices?
Yes …………….. No…………………………
4.21 Have you offered or given anything of value to influence the pre-qualification
Process? Yes ………………..No……………………………….
I/We Declare that the information given on this form is correct to the best of My/our
knowledge and belief and that I/We Kenya Reinsurance corporation Ltd to seek any
other reference concerning my/our company from whatever sources deemed relevant
e.g. Company Registrars Office, Bankers etc.
Date……………………….Signature of Candidate…………………………………….
Kenya Re Representative
NO. STATION NAME OF KENYA SIGN DATE OF
RE REPRESENTATIVE VISIT
1. Reinsurance Plaza, Nairobi
L.R Number 209/8770 on Taifa
Road, CBD Nairobi
2. Anniversary Towers, Nairobi
L.R Number 209/9744 on
University Way, CBD Nairobi
3. Kenya Re Towers. Upperhill,
Nairobi
L.R Number 209/12922 on
Upper Hill Road, Upper Hill
Nairobi
4. Reinsurance Plaza, Kisumu
L.R Number Kisumu/Block 7/378
on Jomo Kenyatta Highway/
Oginga Odinga Street, CBD
Kisumu
Tenderers Representative
NO. STATION NAME OF SIGN DATE OF
TENDERER’S VISIT
REPRESENTATIVE
1. Reinsurance Plaza, Nairobi
L.R Number 209/8770 on Taifa
Road, CBD Nairobi
2. Anniversary Towers, Nairobi
L.R Number 209/9744 on
University Way, CBD Nairobi
3. Kenya R Towers, Upperhill,
Nairobi
L.R Number 209/12922 on Upper
Hill Road, Upper Hill Nairobi
4. Reinsurance Plaza, Kisumu
L.R Number Kisumu/Block 7/378
on Jomo Kenyatta Highway/
Oginga Odinga Street, CBD
Kisumu