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SELECTION OF CONSULTANTS

TENDER NO: KRC/2015/092

REQUEST FOR PROPOSAL (RFP)

FOR

PROVISION OF SECURITY CONSULTANCY SERVICES

MANAGING DIRECTOR
KENYA REINSURANCE CORPORATION LIMITED
P. O. BOX 30271 – 00100
NAIROBI

MAY 2015
Table of Contents

SECTION I ........................................................................................................................................... 3 

1.0  LETTER OF INVITATION ............................................................................................................ 3 

SECTION II .......................................................................................................................................... 5 

2.0  INFORMATION TO CONSULTANTS (ITC) ................................................................................ 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 

3.0  TECHNICAL/FINANCIAL PROPOSAL ................................................................................... 20 


3.1  NOTES ON THE PREPARATION OF THE TECHNICAL/FINANCIAL PROPOSALS. .................................... 20 
3.2  TECHNICAL PROPOSAL SUBMISSION FORM (FORM T1) ................................................... 21 
3.3  FIRM’S REFERENCES (FORM T2) ............................................................................................ 22 
3.4  COMMENTS AND SUGGESTIONS ON TORS AND ON DATA, SERVICES AND FACILITIES
TO BE PROVIDED BY THE CLIENT (FORM T3). ............................................................................... 23 
3.5  DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT (FORM T4) ............................................................................................................... 24 
3.6  TEAM COMPOSITION AND TASK ASSIGNMENTS (FORM T5) ............................................ 25 
3.7  FORMAT OF CV FOR PROPOSED PROFESSIONAL STAFF (FORM T6) ................................ 26 
3.8  TIME SCHEDULE FOR PROFESSIONAL PERSONNEL (FORM T7) .......................................... 28 
3.9  ACTIVITY (WORK) SCHEDULE (FORM T8) ............................................................................ 29 

SECTION IV ...................................................................................................................................... 30 

4.0  FINANCIAL PROPOSAL ......................................................................................................... 30 


4.1  FORM FIN-1 FINANCIAL PROPOSAL SUBMISSION FORM.......................................................... 30 
4.2  FORM FIN-2 SUMMARY OF COSTS ......................................................................................... 31 
4.3  FORM FIN-3 BREAKDOWN OF REMUNERATION ...................................................................... 32 
4.4  FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES ......................................................... 33 
TENDER NO.: RFP FOR SECURITY CONSULTANCY SERVICES

SECTION V ....................................................................................................................................... 34 

5.0  TERMS OF REFERENCE ........................................................................................................... 34 


5.1  PROJECT BACKGROUND ..................................................................................................... 34 
5.2  OBJECTIVES OF THE ASSIGNMENT ...................................................................................... 35 
5.3  SCOPE OF WORK .................................................................................................................. 35 
5.4  FACILITIES AND PERSONNEL TO BE PROVIDED BY THE CONSULTANT AND CLIENT ........ 36 
5.5  PROPOSED TERMS OF PAYMENTS ........................................................................................ 37 

SECTION VI ...................................................................................................................................... 38 

6.0  STANDARD FORM OF CONTRACT FOR CONSULTING SERVICES...................................... 38 


6.1  SPECIAL NOTES ......................................................................................................................... 38 
6.2  CONTRACT FOR CONSULTANT’S SERVICES ........................................................................ 39 
6.3  FORM OF CONTRACT ........................................................................................................... 40 
6.4.0  GENERAL CONDITIONS OF CONTRACT .......................................................................... 42 
6.4.1  GENERAL PROVISIONS ............................................................................................................ 42 
7.0  CONSULTANT’S PERSONNEL ................................................................................................ 47 
8.0  PAYMENTS TO THE CONSULTANT ........................................................................................ 49 
9.0  SETTLEMENT OF DISPUTES ...................................................................................................... 49 
10.0  SPECIAL CONDITIONS OF CONTRACT ............................................................................. 51 
11.0  APPENDICES ........................................................................................................................ 52 
12.0  STANDARD FORMS ............................................................................................................. 53 
12.1  LETTER OF NOTIFICATION OF AWARD ............................................................................... 53 
12.2  FORM RB 1; PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD ........................ 54 
12.3  TENDER SECURITY FORM/ BID BOND ......................................................................................... 55 
12.4  CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM .......................................................... 56 
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? .................. 59 
YES……………………..NO………………………………………….. ................................................ 59 
4.16  IF ANSWER IN ‘4.15’ ABOVE IS YES GIVE DETAILS ...................................................................... 59 
12.5  SITE VISIT CLEARANCE CERTIFICATE ................................................................................. 61 

CLIENT: KENYA REINSURANCE CORPORATION LIMITED


TENDER NO.: RFP FOR SECURITY CONSULTANCY SERVICES

SECTION I

1.0 LETTER OF INVITATION

RE: SECURITY CONSULTANCY SERVICES

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.

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TENDER NO.: RFP FOR SECURITY CONSULTANCY SERVICES

(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.

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TENDER NO.: RFP FOR SECURITY CONSULTANCY SERVICES

SECTION II

2.0 INFORMATION TO CONSULTANTS (ITC)

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

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2.3 Preparation of Technical Proposal

2.3.1 The Consultants proposal shall be written in English language.

2.3.2 In preparing the Technical Proposal, consultants are expected to examine


the documents constituting this RFP in detail. Material deficiencies in
providing the information requested may result in rejection of a proposal.

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;

a) A brief description of the firm’s organization and an outline of


recent experience on assignments of a similar nature. For each
assignment the outline should indicate inter alia, the profiles of the
staff proposed, duration of the assignment, contract amount and
firm’s involvement. The bidders MUST obtain reference letters for the
firms with whom they have done the stated works for (with the
client’s letter head.)
b) Any comments or suggestions on the Terms of Reference, a list of
services and facilities to be provided by the Client.
c) A description of the methodology and work plan for performing the
assignment.
d) The list of the proposed staff team by specialty, the tasks that would
be assigned to each staff team member and their timing.
e) CVs recently signed by the proposed professional staff and the
authorized representative submitting the proposal. Key information
should include number of years working for the firm/entity and
degree of responsibility held in various assignments during the last

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ten (10) years. Bidder MUST attach academic qualifications


certificates.
f) Estimates of the total staff input (professional and support staff staff-
time) needed to carry out the assignment supported by bar chart
diagrams showing the time proposed for each professional staff
team member.
g) A detailed description of the proposed methodology, staffing and
monitoring of training, if Appendix “A” specifies training as a major
component of the assignment.
h) Any additional information requested in Appendix “A”.

2.3.5 The Technical Proposal shall not include any financial information.

2.4 Preparation of Financial Proposal

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 The Consultants proposal shall be written in English language.

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

2.5 Validity of the Proposals


2.5.1 The Proposals (both financial and technical) must remain valid for 120
days after the submission date. During this period, the consultant is
expected to keep available, at his own cost, the professional staff
proposed for the assignment.
2.5.2 The Client will make his best effort to complete negotiations within this
period. However, should the need arise to extend the validity period of
the proposals, the client may request, in writing, all consultants who
submitted the proposal to extend the Proposals validity. The Consultant

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has the right to refuse to extend the validity of its Proposal in which case
such Proposal will not be further evaluated.

2.6 Submission, Receipt, and Opening of Proposals


2.6.1 The Consultant shall submit a signed and complete Proposal. The original
proposal (both financial and technical) shall be prepared in indelible ink.
It shall contain no interlineations or overwriting, except as necessary to
correct errors made by the firm itself. Any such corrections must be
initialed by the persons or person authorized to sign the proposals.
2.6.2 A Proposal submitted by a Joint Venture shall be signed by all members
so as to be legally binding on all members, or by an authorized
representative who has a written power of attorney signed by each
member’s authorized representative and in line with the applicable law
for this assignment
2.6.3 For each proposal, the consultants shall prepare the number of copies
indicated in Appendix “A”. Each Proposal shall be marked “ORIGINAL”
or “COPY of Original” as appropriate. If there are any discrepancies
between the original and the copies of the proposal, the original shall
govern.
2.6.4 The original and all copies of the Technical and Financial Proposal shall
be placed in an outer sealed envelope clearly marked “TECHNICAL AND
FINANCIAL PROPOSAL”. This outer envelope shall bear the submission
address, Name of the tender and tender number, name and address of
the Consultant, and be clearly marked, “DO NOT OPEN, EXCEPT IN
PRESENCE OF THE OPENING COMMITTEE.” The proposals should also be
placed in an inner envelope which should bear the tender number and
the name and address of the bidder submitting the tender. If the
envelopes and packages with the Proposal are not sealed and marked
as required, the Client will assume no responsibility for the misplacement,
loss, or premature opening of the Proposal.
2.6.5 The completed Technical and Financial Proposals must be delivered at
the submission address on or before the time and date stated in the
Appendix “ITC”. Any proposal received after the closing time for
submission of proposals shall be declared late and rejected and shall be
promptly returned to the respective consultant unopened.
2.6.6 After the deadline for submission of proposals the Technical and
Financial proposal shall be opened on the same day and time on the
day of submission.

2.7 Proposal Evaluation General


2.7.1 From the time the bids are opened to the time the Contract is awarded,
if any consultant wishes to contact the Client on any matter related to
his proposal, he should do so in writing at the address indicated in the
Appendix “ITC”. Any effort by the firm to influence the Client in the

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proposal evaluation, proposal comparison or Contract award decisions


may result in the rejection of the consultant’s proposal.
2.7.2 Consultants are strongly advised that only tenders meeting the
Mandatory Requirements will be evaluated. Any consultants that do not
meet these requirements will be automatically disqualified.

MANDATORY REQUIREMENTS

The following requirements must be met by the consultants.

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.

The evaluators appointed by the client will conduct technical evaluation.

2.8 Evaluation of Technical Proposal


The evaluation committee appointed by the Client shall evaluate the Technical
proposal on the basis of their responsiveness to the Terms of Reference, applying
the evaluation criteria as follows.
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 Points 100
Each responsive proposal will be given a technical score (St). A proposal shall be
rejected if it fails to achieve the minimum technical score indicated in the
Appendix “ITC”.
2.9 Evaluation of Financial Proposal
The evaluation committee will determine whether the financial proposal is
complete (i.e. whether the consultant has cost all the items of the corresponding
technical proposal and correct any computational errors. The cost of any un-
priced items shall be assumed to be included in other costs in the proposal. In all
cases, the total price of the Financial Proposal as submitted shall prevail.
The formulae for determining the Financial Score (SF) shall, unless an alternative
formulae is indicated in the Appendix ‘ITC’ be as follows;

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TENDER NO.: RFP FOR SECURITY CONSULTANCY SERVICES

SF=100XFM/F Where SF is the Financial Score, FM is the lowest priced financial


proposal and F is the price of the proposal under consideration. Proposals will be
ranked according to their combined technical score (St) and Financial score (Sf)
using the weights (T= the weight given to the Technical Proposal; P= the weight
given to the Financial Proposal; T+P=1) indicated in the appendix. The combined
technical and financial score, S, is calculated as follows; S = StxT% + SfxP%. The firm
achieving the highest combined and technical and financial score will be invited
for negotiations.
The technical proposal will account for 80% of the total score while the financial
proposal will account for 20% of the total score.
2.10 Negotiations
2.10.1 Negotiations will be held at the same address as “address to send
information to the Client” indicated in the Appendix “ITC”. The aim is to
reach agreement on all points and sign a contract.
2.10.2 Negotiations will include a discussion of the Technical Proposal, the
proposed methodology (work plan), staffing and any suggestions made
by the firm to improve the Terms of Reference. The Client and firm will
then work out final Terms of Reference, staffing and bar charts indicating
activities, staff periods in the field and in the head office, staff-months,
logistics and reporting. The agreed work plan and final Terms of
Reference will then be incorporated in the “Description of Services” and
form part of the Contract. Special attention will be paid to getting the
most the firm can offer within the available budget and to clearly
defining the inputs required from the Client to ensure satisfactory
implementation of the assignment.
2.10.3 Unless there are exceptional reasons, the financial negotiations will NOT
involve the remuneration rates for staff (no breakdown of fees).
2.10.4 Having selected the firm on the basis of, among other things, an
evaluation of proposed key professional staff, the Client expects to
negotiate a contract on the basis of the experts named in the proposal.
Before contract negotiations, the Client will require assurances that the
experts will be actually available. The Client will not consider substitutions
during contract negotiations unless both parties agree that undue delay
in the selection process makes such substitution unavoidable or that such
changes are critical to meet the objectives of the assignment. If this is
not the case and if it is established that key staff were offered in the
proposal without confirming their availability, the firm may be
disqualified.
2.10.5 The negotiations will conclude with a review of the draft form of the
Contract. To complete negotiations the Client and the selected firm will
initial the agreed Contract. If negotiations fail, the Client will invite the

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firm whose proposal received the second highest score to negotiate a


contract.
2.10.6 The procuring entity shall appoint a team for the purpose of the
negotiations.
2.11 Award of Contract
2.11.1 The Contract will be awarded following negotiations. After negotiations
are completed, the Client will promptly notify other consultants on the
shortlist that they were unsuccessful.
2.11.2 The selected firm is expected to commence the assignment on the date
and at the location specified in Appendix “A”.

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

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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.

CLA INSTRUCTION TO TENDERERS PARTICULARS OF APPENDIX TO INSTRUCTIONS TO


USE REFERENCE TENDERERS
REF
2.1 Name of the Client KENYA REINSURANCE CORPORATION LIMITED
2.1.1 The method of selection QUALITY AND COST BASED SELECTION (QCB)
The weights given to the technical proposal (T) is 0.80
and for financial proposal (P) is 0.20.
Financial Proposal requested Yes
Name of the assignment is: SECURITY CONSULTANCY SERVICES
Objective of the Assignment a) In light of the current security situation in the
country and the need to ensure Kenya
Reinsurance Corporation Limited property, staff
and visitors are protected, Kenya Reinsurance
Corporation is soliciting bids for consultancy for
Security Assessment, design and
implementation to be performed in all Kenya
Reinsurance Corporation Limited commercial
properties in the country and to include:
o Buildings and grounds
o Access Control both human and vehicular
to the all Kenya Re Buildings
o Access control to Kenya Re offices on 15th –
17th of Reinsurance Plaza, Nairobi; Mezzanine
2 of Anniversary Towers, Nairobi; Parking
Level 2 of Kenya Re Towers Upperhill Nairobi

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and Ground Floor of Reinsurance Plaza


Kisumu
o Parking
o Security Planning and Management
o Security Personnel
o Electronic Security
b) Provide management oversight and design of
the project from inception to completion of all
installations in accordance to the specifications
and prevailing building code.
c) 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.
d) 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.

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

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Kenya Re and subsequently preparing the


master program.
b) Design
i. Prepare concept, scheme and detailed designs
of proposed systems, fittings and facilities for
implementation.
ii. Prepare specifications, bills of quantities and
estimates for implementation of the designed
systems.
iii. Prepare Tender documents
c) Tender Process
i. Review the tender documents and ensure they
are in line with provisions of Public Procurement
and Oversight Authority guidelines.
ii. Guide the Corporation on evaluation of tenders
for award of the contractor by Kenya Re.
iii. Guide the Corporation on contract preparation,
execution and management
d) Construction and installations supervision
i. Prepare regular valuations and payment
certificates of the works undertaken and advise
the client of any cost variations if necessary.
ii. Attend the site meetings and site walk
around/inspections as the representative of
Kenya Re.
iii. Proactively monitor the actual time and cost
against the contract provisions and devise
strategies to ensure that the envisaged
problems are mitigated before they occur.
iv. Ensure the construction works are carried out in
accordance with contract documents, good
construction practices and the required quality
of workmanship.
v. Establish and monitor the procedures for project
completion and the issuance of the certificate
of practical completion.
vi. Ensure the contractor adheres to pre-
established performance and quality standards,
requirements, practices and procedures.
vii. Arrange for site handover in conjunction with
the corporation and contractors after testing
and commissioning of the service installations.

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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.

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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.

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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

i. Specific experience of the consultant(s) related


to the assignment 10
(The consultant may associate to enhance their capability)

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1.1 Building i) The consultant(s) should provide details of at least 3 (three) 10


Security security consultancy and design and installation assignment
Consultancy works completed in the last 3 years each having a works value
of at least KShs 10 million. [2 marks each for each assignment]
as per project sheets/firm references and recommendation
letters from previous clients must be attached [Total 6 marks]
ii) The consultant should describe the nature, scope and value of
the assignments, the role of the consultant in the assignment
and the duration of the assignment.[ 4 marks]
(Attach valid letters of commendation from the institutions issued
within the last 3 months)

ii. Comments on TOR & Adequacy of the Proposed Work Plan


and Methodology for Responding to the TOR 45
1. Comments i) Detailed suggestions to enhance Terms of Reference 5
on TOR (Refer to Form T3) [Specific identification of the issue, its
impact parameters such as project cost, duration, work
plan and proposed solution [1 mark per item]
2. Technical ii) Level of detail and responsiveness of the Technical
approach & Approach and Methodology in addressing key
20
Methodology specifications of the proposed project. [Compliance in
presentation of information as requested – [2 Marks],
[Methodology [2 marks], Tools [3 marks], alternatives [3
marks], processes [2 marks], risks [3 marks], mitigating
strategies [3 marks] and outputs/deliverables [2 marks]
iii) Proposed Computer Aided operations, ICT software to 5
be used upon the assignment in the key areas; The
Consultant shall list the key software to be used and
briefly describe them. [1 mark per technical software;
Max 3 marks] [Evidence of ownership/leases/licenses of
software above e.g. Receipts of. Maximum 2 Marks]
iv) Organizational structure & Staffing - [Project organization 5
structure] – 2 Marks. [Specific names and positions] – 2
marks. [Explanations to the structure – 1 mark]
2. Work Plan i) Provide logical, sequential and well-structured Work plan 5
consistent with the time frames and the TOR. [Gantt
Charts/Log-frames/critical path and project timetables
for the entire project lifecycle- 3 Marks] [Detailed
activities matching with staff and hours] – 2 marks]
ii) Details of proposed main activities of the assignment - 5
refer Form 3 of Appendix 2 of this RFP. [Annual/monthly
activities schedule- 3 marks] [Comments on the
activities; 2 marks]

Responsibility/ Title Qualifications, Experience & competences Max

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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

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consultancy, design and supervision project work] – as


per project sheets; [Total 6 marks]
(iii) Experts should describe the nature of the assignments
and the role of the expert in the assignments. [3 marks]
Attach relevant certificates and letters of recommendation
from the previous clients indicating the roles and tasks in
which the technicians undertook.
2.7.1 Formula for determining the Financial score is SF = FM x 100
the following F
SF = Financial Score
FM = Lowest Financial
Proposal
F = Financial Proposal
under consideration.
2.9.2 The Assignment is expected to commence on: Not later than 30 days after the
award and signing of the contract
2.9.3 Performance Bond 10% (to be provided by winning
bidder upon signing contract)
2.9.4 Bid Bond/tender security to be submitted 2% of the tender sum
alongside the Tender in the format provided.
Tender Security should be valid for a period of
120 days from date of opening of the tenders.
2.9.5 Prices quoted should remain valid for a period 120 days.
of:
COMBINED FINANCIAL AND TECHNICAL SCORE
The evaluation results will be ranked on Combined Financial and Technical Score
which is given as follows:-
S = St x T% + Sf x P%
Where
St = Technical Score

T = Technical Weighting

Sf = Financial Score

P = Financial Weighting
S = Combined Financial and Technical Score
SECTION III
3.0 TECHNICAL/FINANCIAL PROPOSAL

3.1 Notes on the preparation of the Technical/Financial Proposals.

3.1.1 In preparing the technical/financial proposals the consultant is expected


to examine all terms and information included in the RFP. Failure to
provide all requested information shall be at the consultants own risk and
may result in rejection of the consultant’s proposal.

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3.1.2 The technical/financial proposal shall provide all required information


and any necessary additional information and shall be prepared using
the standard forms provided in this Section.

3.1.3 The Technical/financial proposal shall not include any financial


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

3.2 TECHNICAL PROPOSAL SUBMISSION FORM (FORM T1)

[_______________ Date]

To: ______________________ [Name and address of Client)

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,

_______________________________ [Authorized Signature]:

________________________________ [Name and Title of Signatory]

_________________________________ [Name of Firm]

_________________________________ [Address:]

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3.3 CONSULTANTS REFERENCES (FORM T2)

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.

Assignment Name: Country

Location within Country: Professional Staff provided by Your


Firm/Entity(profiles):

Name & Address of Client: Clients contact person for the assignment.

Address: No of Staff-Months; Duration of Assignment:

Start Date (Month/Year): Completion Date


(Month/Year): Approx. Value of Services (KShs)

Name of Associated Consultants. If any: No of Months of Professional Staff provided by


Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions
Performed:

Narrative Description of project:

Description of Actual Services Provided by Your Staff:

Firm’s Name: ___________________________________

Name and title of signatory; ________________________

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3.4 COMMENTS AND SUGGESTIONS ON ToRS AND ON DATA, SERVICES AND FACILITIES
TO BE PROVIDED BY THE CLIENT (FORM T3).

On the Terms of Reference (ToRs):

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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3.5 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT (FORM T4)

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3.6 TEAM COMPOSITION AND TASK ASSIGNMENTS (FORM T5)

1. Technical/Managerial Staff

Name Position Task

2. Support Staff
Name Position Task

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3.7 FORMAT OF CV FOR PROPOSED PROFESSIONAL STAFF (FORM T6)

Proposed Position on this Project: _________________________________________________

Name of Firm: _________________________________________________________________

Name of Staff: _________________________________________________________________

Profession: ___________________________________________________________________

Date of Birth: __________________________________________________________________

Years with Firm: ___________________________ Nationality: ______________________

Membership in Professional Societies or Professional Registration bodies:


__________________________________________

Detailed Tasks Assigned on this Project:


_______________________________________________________

Education:

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


names of schools, dates attended and degree[s] obtained. Attached copies of
University degrees]

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].

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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.]

Languages: Indicate (tick as appropriate) proficiency in the English Language as


follows:

Very Good Good Require translation


/interpretation
Writing
Reading
Speaking

Certification:

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

_________________________________________________________ Date: _______________


[Signature of staff member]

__________________________________________________________ Date; ______________

[Signature of authorized representative of the firm]

Full name of staff member: ___________________________________________________

Full name of authorized representative: _______________________________________

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3.8 TIME SCHEDULE FOR PROFESSIONAL PERSONNEL (FORM T7)

Days (in the Form of a Bar Chart)


Name Position Reports Due/ Number of
Activities 1 2 3 4 5 6 7 8 9 1 11 12 Days
0

Reports Due: _____________________________

Activities Duration: _______________________

Signature: _______________________________

(Authorized representative)

Full Name: ______________________________

Title: ____________________________________

Address: ________________________________

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3.9 ACTIVITY (WORK) SCHEDULE (FORM T8)

(a). Field Investigation and Study Items

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


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

Activity (Work)

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SECTION IV

4.0 FINANCIAL PROPOSAL

4.1 FORM FIN-1 FINANCIAL PROPOSAL SUBMISSION FORM

[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,

Authorized Signature [In full and initials]:


Name and Title of Signatory:
Name of Firm:
Address:

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4.2 FORM FIN-2 SUMMARY OF COSTS

SUMMARY OF COSTS
Amounts in Kshs
Staff Remuneration

Taxes

Total Amount of Financial Proposal

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4.3 FORM FIN-3 BREAKDOWN OF REMUNERATION

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4.4 FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES

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SECTION V

5.0 TERMS OF REFERENCE

5.1 PROJECT BACKGROUND

5.1.1 The Client

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.

In an effort to offer world-class reinsurance service, and to benchmark its quality to


International Standards, the Corporation got rated. The ratings are: B+ (Very Good) by
A. M Best and AA by Global Rating Agency. These are premier global rating agencies,
which also serve as reconfirmations of Kenya Re’s financial strength. Kenya Re is also
ISO 9001:2008 certified. These ratings and grading has been maintained to date.

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

5.1.2 Project Location

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.

5.1.3 Rationale for the Project

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.

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5.2 OBJECTIVES OF THE ASSIGNMENT

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.

5.3 SCOPE OF WORK

The consultancy assignment will cover the following key areas:


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 threat, vulnerability and security risks assessment/ analysis
and devise mitigation strategies. Review all counter terrorism and effective
physical security designs and obtain client’s approval.
iv. Prepare a report clearly indicating the security risks identified and mitigating
factors proposed together with cost estimates of the installations and cost of
alternative designs.
v. Design a procurement system that will suit the needs Kenya Re in line with
provisions of the Public Procurement rules.
b) Design
i. Prepare detailed designs and bills of quantities for the proposed installations for
approval by the client
ii. Obtain all local authority approvals and permits necessary for the project
c) Tender
i. Prepare tender documents with details to be included in the tender/ Invitation
to Bid documents.
ii. Prepare a list of the proposed tenderers, for the project and visit their past
completed projects and thereafter make recommendations to Kenya Re.
iii. Assist the Corporation in tender analysis process and due diligence on the
proposed contractors and provide Kenya Re with the appropriate
recommendations leading to award.

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iv. Advise the Corporation on contract preparation and signing


d) Installation of equipment
i. Ensure regular valuations and payment certificates of the works undertaken are
prepared and advise the client of any cost variations if necessary.
ii. Attend the site meetings and site walk around/inspections as the representative
of Kenya Re.
iii. Monitor the actual time and cost schedules against the pre-established
budgets.
iv. Proactively monitor problems that could affect the time and cost schedules and
advise the client accordingly. The consultant shall also devise strategies to
ensure that the envisaged problems are mitigated before they occur.
v. Ensure the installation works are carried out in accordance with contract
documents, good construction practices and the required quality of
workmanship.
vi. Establish and advise the client on the procedures for project completion and the
issuance of the certificate of practical completion.
vii. Arrange for site handover in conjunction with the client and contractors after
testing and commissioning of the service installations.
e) Closure
i. Ensure that all the defects arising out of the installation works are rectified within
the 12 months defects rectification period in consultation with the consultants
and the contractors.
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. This will
include the final accounts, testing and commissioning certificates, as built
drawings, maintenance manuals, warranties and guarantees, certificate of
making good defects and recommendations for the service and maintenance
of equipment.
5.4 FACILITIES AND PERSONNEL TO BE PROVIDED BY THE CONSULTANT AND CLIENT

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.

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5.5 PROPOSED TERMS OF PAYMENTS

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%

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SECTION VI

6.0 STANDARD FORM OF CONTRACT FOR CONSULTING SERVICES

LARGE ASSIGNMENTS (LUMP-SUM PAYMENTS)

6.1 Special Notes

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.

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6.2 CONTRACT FOR CONSULTANT’S SERVICES

Between

_________________________
[Name of the Client]

and

___________________________
[Name of the Consultant]

Dated: _________________ [date]

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6.3 FORM OF CONTRACT

Assignments (Lump-Sum Payments)

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

____________________________________________ [name of consultant] of [or whose


registered office is situated at]
________________________________________________________ [location of office]
(hereinafter called the “Consultant”) of the other part.

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;

NOW THEREFORE the Parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral


part of this Contract:

(a) The General Conditions of Contract;


(b) The Special Conditions of Contract;
(c) The following Appendices: [Note: If any of these Appendices are not
used, they should be deleted from the list]
Appendix A: Description of the Services
Appendix B: Reporting Requirements
Appendix C: Key Personnel and Sub consultants
Appendix D: Breakdown of Contract Price in Local Currency
Appendix E: Services and Facilities Provided by the Client

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.

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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.

For and on behalf of___________________________________________ [name of client]

[Full name of Client’s


authorisedrepresentative_____________________________________________

[Title]________________________________________________

[Signature]___________________________________________

[Date]________________________________________________

For and on behalf of ______________________________________ [name of consultant]

[Full name of Consultant’s


Authorized representative] ___________________________________

[Title]______________________________________________

[Signature]_________________________________________

[Date]_______________________________________________

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6.4.0 GENERAL CONDITIONS OF CONTRACT

6.4.1 General Provisions

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.

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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.

6.4.5 Location The Services shall be performed at such locations as


are specified in Appendix A and, where the
location of a particular task is not so specified, at
such locations, whether in the Republic of Kenya or
elsewhere, as the Client may approve.

6.4.6 Authorized Any action required or permitted to be taken and


Representatives any document required or permitted to be executed
under this Contract by the Client or the Consultant
may be taken or executed by the officials 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.

COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

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.

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


Contract Contract shall terminate at the end of such time
period, after the Effective Date, as is specified in
the SC.

6.4.1 Modification Modification of the terms and Conditions of this


Contract, including any modification of the scope
of the Services or the Contract Price, may only be
made by written agreement between the Parties.
6.5 Force Majeure

Definition For the purposes of this Contract, “Force Majeure” means an


event which is beyond the reasonable control of a Party
and which makes a Party’s performance of its obligations
under the Contract impossible or so impractical as to be
considered impossible under the circumstances.

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No Breach of The failure of a Party to fulfill any of its obligations under


Contract the Contract shall not be considered to be a breach
of, or default under, this Contract insofar as such inability
arises from an event of Force Majeure, provided that the
Party affected by such an event (a) has taken all
reasonable precautions, due care and reasonable
alternative measures in order to carry out the terms and
conditions of this Contract, and (b) has informed the other
Party as soon as possible about the occurrence of such an
event.

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.

Payments During the period of his inability to perform the Services as a


result of an event of Force Majeure, the Consultant shall be
entitled to continue to be paid under the terms of this
Contract, as well as to be reimbursed for additional costs
reasonably and necessarily incurred by him during such
period for the purposes of the Services and in reactivating
the Service after the end of such period.

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;

(a) if the Consultant does not remedy a failure in the


performance of his obligations under the Contract
within thirty (30) days after being notified or within any
further period as the Client may have subsequently
approved in writing;

(b) if the Consultant becomes insolvent or bankrupt;

(c) if, as a result of Force Majeure, the Consultant is unable


to perform a material portion of the Services for a period
of not less than sixty (60) days; or

(d) If the Consultant, in the judgment of the Client, has


engaged in corrupt or fraudulent practices in
competing for or in executing the Contract.

For the purpose of this clause


“Corrupt practice” means the offering, giving, receiving or
soliciting of anything of value to influence the action of a
public official in the selection process or in Contract
execution.

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“fraudulent practice” means a misrepresentation of facts in


order to influence a selection process or the execution of
Contract to the detriment of the Client, and includes
collusive practice among consultants (prior to or after
submission of proposals) designed to establish prices at
artificial non-competitive levels and to deprive the Client of
the benefits of free and open competition.

(a) If the Client in his sole discretion decides to terminate this


Contract.

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;

(a) if the Client fails to pay any monies due to the


Consultant pursuant to this Contract and not subject
to dispute pursuant to Clause 7 within sixty (60) days
after receiving written notice from the Consultant that
such payment is overdue; or

(a) if, as a result of Force Majeure, the Consultant is


unable to perform a material portion of the Services
for a period of not less than sixty (60) days.

Payment upon Upon termination of this Contract pursuant to Clauses 2.6.1


Termination or 2.6.2, the Client shall make the following payments to the
Consultant:

(a) remuneration pursuant to Clause 6 for Services


satisfactorily performed prior to the effective date of
termination;

(b) Except in the case of termination pursuant to


paragraphs (a) and (b) of Clause 2.6.1, reimbursement
of any reasonable costs incident to the prompt and
orderly termination of the Contract, including the cost
of the return travel of the Personnel and their eligible
dependents.

6.6 OBLIGATIONS OF THE CONSULTANT

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

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and shall at all times support and safeguard the Client’s


legitimate interests in any dealing with Sub consultants or
third parties

Conflict of (i) The remuneration of the Consultant pursuant to Clause


Interests 6 shall constitute the Consultant’s sole remuneration in
Consultant Not connection with this Contract or the Services and the
to Benefit from Consultant shall not accept for his own benefit any
Commissions trade commission, Discount or similar payment in
Discounts, Etc. connection with activities pursuant to this Contract or
to the Services or in the discharge of his obligations
under the Contract and the Consultant shall use his
best efforts to ensure that his personnel, any sub
consultant[s] and agents of either of them similarly shall
not receive any such additional remuneration.

(ii) For a period of two years after the expiration of this


Contract, the Consultant shall not engage and shall
cause his personnel as well as his sub consultant[s]
and his/their personnel not to engage in the activity
of a purchaser (directly or indirectly) of the assets on
which he advised the Client on this Contract nor shall
he engage in the activity of an adviser (directly or
indirectly) of potential purchasers of such assets.

(iii) Where the Consultant as part of the Services has the


responsibility of advising the Client on the
procurement of goods, works or services, the
Consultant will comply with any applicable
procurement guidelines and shall at all times
exercise such responsibility in the best interest of the
Client. Any discounts or commissions obtained by the
Consultant in the exercise of such procurement shall
be for the account of 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.

Prohibition of Neither the Consultant nor his sub-consultant[s] nor their


conflicting personnel shall engage, either directly or indirectly in any of
activities the following activities:

(a) during the term of this Contract, any business or


professional activities in the Republic of Kenya which
would conflict with the activities assigned to them
under this Contract; or

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(b) After the termination of this Contract, such other


activities as may be specified in the SC.

Confidentiality The Consultant, his sub-consultant[s] and the personnel of


either of them shall not, either during the term of this
Contract or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential
information relating to the Project, the Services, this
Contract or the Client’s business or operations without the
prior written consent of the Client.

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.

Consultant’s The Consultant shall obtain the Client’s prior approval in


Actions requiring writing before taking any of the following actions;
Client’s prior
Approval (a) entering into a subcontract for the performance of any
part of the Services,

(b) appointing such members of the personnel not listed by


name in Appendix C (“Key Personnel and Sub-
consultants”

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.

Documents All plans, drawings, specifications, designs, reports and


prepared by the other documents and software submitted by the
Consultant to Be Consultant in accordance with Clause 3.6 shall become
the Property of and remain the property of the Client and the Consultant
the Client shall, not later than upon termination or expiration of this
contract, deliver all such documents and software to the
Client together with a detailed inventory thereof. The
Consultant may retain a copy of such documents and
software. Neither Party shall use these documents for
purposes unrelated to this Contract without the prior
approval of the other Party.

7.0 CONSULTANT’S PERSONNEL

7.1.1 Description The titles, agreed job descriptions, minimum


of Personnel qualifications and estimated periods of engagement in

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the carrying out of the Services of the Consultant’s Key


Personnel are described in Appendix C. The Key
Personnel and Sub consultants listed by title as well as by
name in Appendix C are hereby approved by the
Client.

7.1.2 Removal (a) Except as the Client may otherwise agree, no


And/or changes shall be made in the Key Personnel. If for
Replacement any reason beyond the reasonable control of the
Of Personnel Consultant, it becomes necessary to replace any
of the Key personnel, the Consultant shall provide
as a replacement a person of equivalent or better
Qualifications.
(b) If the Client finds that any of the Personnel have
(i) Committed serious misconduct or have been
charged with having committed a criminal
action, or
(ii) The Client has reasonable cause to be dissatisfied
with the performance of any of the Personnel,
and then the Consultant shall, at the Client’s
written request specifying the grounds thereof,
provide as a replacement a person with
qualifications and experience acceptable to the
Client.
(c) The Consultant shall have no claim for additional
costs arising out of or incidental to any removal
and/or replacement of Personnel.

7.2 OBLIGATIONS OF THE CLIENT

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.

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8.0 PAYMENTS TO THE CONSULTANT

8.1 Lump-Sum The Consultant’s total remuneration shall not exceed


Remuneration the Contract Price and shall be a fixed lump-sum
including all staff costs, Sub-consultants’ costs, printing,
communications, travel, accommodation and the like
and all other costs incurred by the Consultant in
carrying out the Services described in Appendix A.
Except as provided in Clause 5.2, the Contract Price
may only be increased above the amounts stated in
Clause 6.2 if the Parties have agreed to additional
payments in accordance with Clause 2.4.

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.

8.4 Terms and Payments will be made to the account of the


Conditions of Consultant and according to the payment schedule
Payment stated in the SC. Unless otherwise stated in the SC; the
first payment shall be made against the provision by the
Consultant of a bank guarantee for the same amount
and shall be valid for the period stated in the SC. Any
other payment shall be made after the conditions listed
in the SC for such payment have been met and the
Consultant has submitted an invoice to the Client
specifying the amount due.

8.5 Interest on There shall be no interest on delayed payments.


Delayed
Payment
9.0 SETTLEMENT OF DISPUTES

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.

9.2 Dispute Any dispute between the Parties as to matters arising


Settlement pursuant to this Contract that cannot be settled
amicably within thirty (30) days after receipt by one Party
of the other Party’s request for such amicable settlement
may be referred by either Party to the arbitration and
final decision of a person to be agreed between the
Parties. Failing agreement to concur in the appointment
of an Arbitrator, the Arbitrator shall be appointed by the
Chairman of the Chartered Institute of Arbitrators, Kenya
Branch, on the request of the applying party.

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10.0 SPECIAL CONDITIONS OF CONTRACT

Number of GC Amendments of and Supplements to Clauses in the


Clause General Conditions of Contract
10.1 The Member in Charge is_____________________[name of Member]

10.2 The addresses are:

Client: _____________________________________________
Attention: _______________________________________
Telephone: _______________________________________
Telex; _______________________________________
Facsimile: _______________________________________

Consultant: _________________________________________
Attention: _________________________________________
Telephone: _________________________________________
Telex: _________________________________________
Facsimile: _________________________________________

The Authorized Representatives are:

For the Client: __________________________________________

For the Consultant: _________________________________________

10.3 The date on which this Contract shall come into effect
Is (_________________) [date].

Note: The date may be specified by reference to conditions of


effectiveness of the Contract, such as receipt by Consultants of
advance payment and by Client of bank guarantee

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


10.5 The period shall be ______ MONTHS_________________ [length of time].

Note: Fill in the period, e.g., twenty-four (24) months or such other
period as the Parties may agree in writing.

10.6 The risks and coverage shall be:


(i) Professional Liability: Value of Consultancy______________

(ii) Loss of or damage to equipment and property


_____________

10.7 (a) the amount in foreign currency or currencies is________________


[Insert amount].

(b) The amount in local Currency is___________________ [Insert amount]

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11.0 APPENDICES

APPENDIX A – DESCRIPTION OF THE SERVICES

Give detailed descriptions of the Services to be provided, dates for completion of


various tasks, place of performance for different tasks, specific tasks to be approved by
Client, etc.

APPENDIX B – REPORTING REQUIREMENTS

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.”

APPENDIX C– KEY PERSONNEL AND SUB CONSULTANTS

List under: C-1 Titles [and names, if already available], detailed job
descriptions and minimum qualifications of Personnel and staff-
months for each.

C-2 List of approved Sub consultants (if already available); same


information with respect to their Personnel as in C-1.

APPENDIX D – BREAKDOWN OF CONTRACT PRICE IN LOCAL CURRENCY

List here the elements of cost used to arrive at the breakdown of the lump-sum price –
local currency portion.

1. Monthly rates for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenditures.

This appendix will exclusively be used for determining remuneration for additional
services.

APPENDIX E – SERVICES AND FACILITIES PROVIDED BY THE CLIENT

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12.0 STANDARD FORMS

12.1 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity


_____________________
_____________________
To:

RE: Tender No.

Tender Name

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

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


acceptance.

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)

SIGNED FOR ACCOUNTING OFFICER

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12.2 FORM RB 1; PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

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…

FOR OFFICIAL USE ONLY


Lodged with the Secretary Public Procurement Administrative Review Board on
………… day of ………....20….………

SIGNED
Board Secretary

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12.3 Tender Security Form/ Bid Bond

TENDER SECURITY FORM


(To be on the Letterhead of the Bank)

Whereas ____________________________________________________ (hereinafter called “the


Tenderer”) has submitted its tender date _____________________________ for the provision
of …………………………………………… (Hereinafter called “the Tender”).

KNOW ALL PEOPLE by these present that WE ___________________


of__________________________________ (hereinafter called “the Bank”), are bound unto
_______________________________________ (hereinafter called “the Employer”) in the sum
for which payment well and truly to be made to the said Employer, the Bank binds
itself, its successors, and assigns by these presents. Sealed with the Common Seal of the
said Bank this ___________ day of ___________________ 2014.

THE CONDITIONS of this obligation are:

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.

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12.4 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

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

Location of Business Premises

Plot No. …………………………………….Street/Road…………………………………

Postal Address ………………………………………………………………………….......


Telephone Numbers………………………………………………………………………..
Fax Number …………………………………………………………………………
E-mail Address ………………………………………………………………………….

Nature of Business

Registration Certificate No.

Maximum value of Business which you can handle at any one time.

Kshs ……………………………………………………………………………………………

Name of your Bankers………………………………..Branch…………………………….

Confirm credit period extended to your clients

Part 2 (a) – Sole Proprietor

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Your Name in Full …………………………………………………………………….

Age………………………………………………………………………………………

Nationality …………………………………………………………………………………...

Country of Origin……………………………………………………………………………

Citizen Details………………………………………………………………………………

……………………………………………………………………………………………

Part 2 (b) – Partnership

Given details of partnership as follows:-

2b.2

Name………..... Nationality……Citizenship Details…………… Share………….

1…………………………………………………………………………………..............

2……………………………………………………………………………………………

3……………………………………………………………………………………………

4……………………………………………………………………………………………

………………………………………………………………………………………………
Part 2 (C) – Registered Company

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Private or Public
………………………………………………………………………………………………

………………………………………………………………………………………………

State the Nominal and issued Capital or Company

Nominal Kshs …………………………………………………………………………………..

Issued Kshs ………………………………………………………………………………….

Given details of all Directors as follows:-

Name………...... Nationality……..Citizenship Details………, Share………….

1…………………………………………………………………………………..............

2……………………………………………………………………………………………

3……………………………………………………………………………………………

4……………………………………………………………………………………………

5……………………………………………………………………………………………

Part 3 – Eligibility Status


4.13
Are you related to an Employee, Committee member or Board Members of
Kenya Re?
Yes……………..No……………..

If answer in ‘4.13 is Yes give the relationship.

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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…………………………………………..

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

4.16 If Answer in ‘4.15’ above is Yes give details


……………………………………………………………………………………………
……………………………………………………………………………………………

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………………………………………………

4.18 If answer in ‘4.17’ above is Yes give details


……………………………………………………………………………………………
……………………………………………………………………………………………

4.19 Are you under a declaration of ineligibility for corrupt and fraudulent Practices?
Yes …………….. No…………………………

4.20 If answer in ‘4.19’ above is Yes give details


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

4.21 Have you offered or given anything of value to influence the pre-qualification
Process? Yes ………………..No……………………………….

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If answer in ‘4.21’ above is Yes give details


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

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…………………………………….

If a Kenyan citizen, indicate under “citizenship Details,” whether by Birth, Naturalization


of registration.

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12.5 SITE VISIT CLEARANCE CERTIFICATE

KENYA REINSURANCE CORPORATION LIMITED (COMMERCIAL BUILDINGS)

This is to certify that M/s.__________________________________ have visited, inspected and


verified the scope of works at _______________________________________ (Name of site).

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

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