MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES

AND
CO-OPERATIVES

State Department for Co-operatives

REQUEST FOR PROPOSAL

TENDER NO: Ref No: SDC/SCM/3/2021-2022

CONSULTANCY SERVICE TO MORDERNIZE SELECTED

CO-OPERATIVE COFFEE FACTORIES IN KENYA

SEPTEMBER 2021

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 INTRODUCTION

1. This Standard Request for Proposals (SRFP) has been prepared for use by public entities
in Kenya in the procurement of consultancy services and selection of consultants.

2. The SRFP includes Standard form of Contract for Large Assignments and small
assignment which are for lump sum or time-based payments.

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

4. The General Conditions of Contract should not be modified and instead the Special
Conditions of Contract should be used to reflect the unique circumstances of the particular
assignment. Similarly, the information to consultants should only be clarified or amended through
the Appendix to information to consultants.

5. This SRFP document shall be used where a shortlist of consultancy firms already exists or
has been obtained through a shortlist after an advertisement of Expression of Interest for
Consultancy required.

SECTION I - LETTER OF INVITATION

The State Department for Co-operatives seeks to procure consulting firms with adequate capacity
to undertake Consultancy Services to Modernize Selected Co-operative Coffee Factories In
Kenya – Tender Number- SDC/SCM/3/2021-2022.
Technical and financial proposals are therefore invited from eligible consulting firms to
undertake the exercise.

The Tender documents with further detailed information may be obtained from the Supply Chain
Management Office, NSSF Building, 16th Floor, Eastern Wing, during working hours (8.00
a.m. – 5.00 p.m.), upon payment of a non-refundable fee of Kenya Shillings One Thousand
(Kshs.1000/=) per set of the Tender document, payable at the Cash Office, NSSF Building Block
B, 10th floor or a banker’s cheque.

Interested bidders may download tender documents from the following link www.ushirika.go.ke
or www.supplier.treasury.go.ke and submit the same free of charge.
The evaluation criteria shall be as prescribed in the tender documents.

Prices quoted must include all taxes, be expressed in Kenya Shillings and remain valid for a period
of 120 days from the tender opening date. Bid securities from reputable Banks and approved
Insurance Firms, where required, will be as stated in the bid documents.
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All bids must be accompanied by a bid security of not less than the indicated amount in each
tender document.
Completed and subsequently serialized proposals, in plain sealed envelopes, without indication
of the sender, clearly marked Tender name and number should be addressed and delivered to: -
The Principal Secretary,
State Department for Co-operatives
P.O. Box 30547 – 00100,
NAIROBI

Or be deposited in the Tender Box at NSSF Building, Block ‘A’ Eastern Wing 16th Floor, at the
main reception area so as to be received on or before Wednesday 29th September, 2021 at
10.30am.

Tenders will be opened immediately thereafter in the presence of the candidates or their
representatives who choose to attend. Late tenders shall not be accepted.

HEAD OF SUPPLY CHAIN MANAGEMENT UNIT

FOR: PRINCIPAL SECRETARY
STATE DEPARTMENT FOR CO-OPERATIVES

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Dear Sir/Madam

RE: REQUEST FOR PROPOSAL

1.1 State Department for Co-operatives invites proposals for the following consultancy
service for cooperative training for funded societies.
.
1.2 The request for proposals (RFP) includes the following documents:

Section I - Letter of invitation

Section II - Information to consultants
Appendix to Consultants information
Section III - Terms of Reference
Section IV - Technical proposals
Section V - Financial proposal
Section VI - Standard Contract Form

1.3 Upon receipt, please inform us

(a) that you have received the letter of invitation
(b) whether or not you will submit a proposal for the assignment

Yours sincerely,
Principal Secretary–State Department for Co-operatives

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2.0 INFORMATION TO CONSULTANTS (ITC)

SECTION II: - INFORMATION TO CONSULTANTS (ITC)

2.1 Introduction

2.1.1 The Client named the Appendix to “ITC” will select a firm among those invited to submit a
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 Proposal and a Financial Proposal, or a
Technical Proposal only, as specified in the Appendix “ITC” for consulting services
required for the assignment named in the said Appendix. A Technical Proposal only may
be submitted in assignments where the Client intends to apply standard conditions of
engagement and scales of fees for professional services which are regulated as is the case
with Building and Civil Engineering Consulting services. In such a case the highest ranked
firm of the technical proposal shall be invited to negotiate a contract on the basis of scale
fees. The proposal 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 first hand 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 preproposal
conference where applicable. Consultants should contact the officials named in the
Appendix “ITC” to arrange for any visit or to obtain additional information on the pre-
proposal conference. Consultants should ensure that these officials are advised of the visit
in adequate time to allow them to make appropriate arrangements.

2.1.4 The Procuring entity will provide the inputs specified in the Appendix “ITC”, assist the firm
in obtaining licenses and permits needed to carry out the services 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 relatives
(spouse and children) are not eligible to participate.

2.1.7 The price to be charged for the tender document shall not exceed
Kshs. 1,000/=

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

2.2 Clarification and Amendment of RFP Documents

2.1.9 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, cable, telex, facsimile or electronic mail to the Client’s address
indicated in the Appendix “ITC”. The Client will respond by cable, telex, facsimile or
electronic mail to such requests and will send written copies of the response (including an
explanation of the query but without identifying the source of inquiry) to all invited
consultants who intend to submit proposals.

2.1.10 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 an invited firm, amend the
RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent
by mail, cable, telex or facsimile to all invited consultants and will be binding on them.
The Client may at his discretion extend the deadline for the submission of proposals.

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 individual 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 invited for this
assignment. Any firms associating in contravention of this requirement shall
automatically be disqualified.

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

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

(iv) Proposed professional staff must as a minimum, have the experience indicated in
Appendix, preferably working under conditions similar to those prevailing in
Kenya.

(v) 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;

(i) 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.

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

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

(iv) The list of the proposed staff team by specialty, the tasks that would be assigned
to each staff team member and their timing.

(v) 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 ten (10) years.

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

(vii) A detailed description of the proposed methodology, staffing and monitoring of

training, if Appendix “A” specifies training as a major component of the
assignment.
(viii) Any additional information requested in Appendix “A”.

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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, consultants are expected to take into account
the requirements and conditions outlined in the RFP documents. The Financial
Proposal should follow Standard Forms (Section D). It lists all costs associated
with the assignment including; (a) remuneration for staff (in the field and at
headquarters), and; (b) reimbursable expenses such as subsistence (per diem,
housing), transportation (international and local, for mobilization and
demobilization), services and equipment (vehicles, office equipment, furniture,
and supplies), office rent, insurance, printing of documents, surveys, and training,
if it is a major component of the assignment. If appropriate these costs should be
broken down by activity.

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

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

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

2.4.5 The Proposal must remain valid for 60 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. The Client will make his best
effort to complete negotiations within this period. If the
Client wishes to extend the validity period of the proposals; the consultants shall agree to
the extension.

2.5 Submission, Receipt, and Opening of Proposals

2.5.1 The original proposal (Technical Proposal and, if required, Financial Proposal; see
paragraph. 1.2) shall be prepared in indelible ink. It shall contain no interlineation or
overwriting, except as necessary to correct errors made by the firm itself. Any such
corrections must be initialled by the persons or person authorized to sign the proposals.

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

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2.5.3 The original and all copies of the Technical Proposal shall be placed in a sealed envelope
clearly marked “TECHNICAL PROPOSAL,” and the original and all copies of the
Financial Proposal in a sealed envelope clearly marked “FINANCIAL PROPOSAL” and
warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL”. Both envelopes
shall be placed into an outer envelope and sealed. This outer envelope shall bear the
submission address and other information indicated in the Appendix “ITC” and be
clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING
COMMITTEE”

2.5.4 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 returned to the respective
consultant unopened.

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

2.6 Proposal Evaluation General

2.6.1 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 proposal evaluation, proposal comparison or Contract award decisions may
result in the rejection of the consultant’s proposal.

2.6.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation is concluded.

2.7 Evaluation of Technical Proposal

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

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 Mandatory Requirements

1. Incorporation Certificate/Business Registration Certificate

2. Tax Compliance Certificate
3. Submit a bid bond/security of Kshs.1,000,000 from a reputable bank or an insurance
company approved by Public Procurement Regulatory Authority (PPRA)
4. Provide certified litigation clearance form
5. Provide CR12 (for limited companies)
6. Duly signed technical proposal
7. Declaration that you are not insolvent, in receivership, bankrupt or
in the process of being wound up
8. Provide a self-declaration that they are not debarred from participating in the Public
Procurement
9. A declaration that the firm has not and will not be involved in corrupt or fraudulent
practices.
10. Duly paginated tender bids
11. Serialization
12. Communication Authority certification
13. National Construction Authority category 5 certification
14. Business/premises License
15. ICT Authority certification

Technical Mandatory
1. Design of Parchment beds as per specifications

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 TECHNICAL EVALUATION CRITERIA
No Category Sub Category Marks Max. Point
Proof of specific experience of the
consultant related to the assignment 10
WORK
A
EXPERIENCE Proof of similar assignments – fabrication of 20
metallic structures 10

Technical Approach-Proposed methodology in

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response to the ToR

Methodology and schedule of the main

activities of the assignment including delivery 25
dates, progress reports and delivery of the final
B METHODOLOGY report 46
(Clarity of methodology and work plan)
Proof of financial capacity by providing
bank statements for the last 6(six) months
and audited accounts for last 2(two) years 6
also Provide bank letter of credit
worthiness
Managerial and Key Personnel Competency
Profile:
Suitability/adequacy for the
assignment: profile of three consultants, general
experience, level of education and training,
experience in
comparable assignment, knowledge of the 10
QUALIFICATION industry (Provide relevant CV’s for at least 3 34
C S AND staff besides the Lead Consultant who will be
COMPETENCE assigned to this project (specify their position in
OF STAFF the company and the respective role to be
undertaken in the event the firm is successful).

Qualifications of Lead Consultant:

i. Bachelor Digree or Higher Diploma in 5
Civil, Electrical or Structural Engineering or

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 related area

ii.

5
A minimum of 5 years’ experience
in metal fabrication
Demonstrated experience and success in
delivering similar
projects {samples of fabricated metal
iii. structures, and reports previously 10
developed} with recommendations

iv. At least three referees for similar

work done in the last three years (provide 4
evidence)
Total Technical Score 100

The minimum technical score required to proceed to financial evaluation is 70 Marks

Each responsive proposal will be given a technical score (St). A proposal shall be rejected at
this stage if it does not respond to important aspects of the Terms of Reference or if it fails to
achieve the minimum technical score indicated in the Appendix “ITC”.

2.8 Public Opening and Evaluation of Financial Proposal

2.8.1After Technical Proposal evaluation, the Client shall notify those consultants whose
proposals did not meet the minimum qualifying mark or were considered non-responsive to
the RFP and Terms of Reference, indicating that their Financial Proposals will be returned
after completing the selection process. The Client shall simultaneously notify the consultants
who have secured the minimum qualifying mark, indicating the date and time set for opening
the Financial Proposals and stating that the opening ceremony is open to those consultants who
choose to attend. The opening date shall not be sooner than seven (7) days after the notification
date. The notification may be sent by registered letter, cable, telex, facsimile or electronic mail.

2.8.2 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical. Scores and the
proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The
Client shall prepare minutes of the public opening.

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2.8.3 The evaluation committee will determine whether the financial proposals are complete
(i.e., whether the consultant has costed all the items of the corresponding Technical Proposal
and correct any computational errors. The cost of any unpriced 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.

2.8.4 While comparing proposal prices between local and foreign firms participating in a selection
process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous
Kenyans own 51% or more of the share capital shall be allowed a 10% preferential bias in
proposal prices. However, there shall be no such preference in the technical evaluation of
the tenders. Proof of local incorporation and citizenship shall be required before the
provisions of this sub-clause are applied. Details of such proof shall be attached by the
Consultant in the financial proposal.

2.8.5 The formulae for determining the Financial Score (Sf) shall, unless an alternative formula is
indicated in the Appendix “ITC”, be as follows: - Sf = 100 X FM/F where Sf is the financial score;
Fm is the lowest priced financial proposal and F is the price of the proposal under consideration.
Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using
the weights (T=the weight given to the Technical Proposal: P = the weight given to the Financial
Proposal; T + p = I) indicated in the Appendix. The combined technical and financial score, S, is
calculated as follows: - S = St x T % + Sf x P %. The firm achieving the highest combined technical
and financial score will be invited for negotiations.

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

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

2.8.8 Where contract price variation is allowed, the variation shall not exceed 10% of the
original contract price

2.8.9 Price variation requests shall be processed by the procuring entity within 30 days of
receiving the request.

2.9 Negotiations

2.9.1 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.

2.9.2 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
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 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.

2.9.3 Unless there are exceptional reasons, the financial negotiations will not involve the
remuneration rates for staff (no breakdown of fees).

2.9.4 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.

2.9.5 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 firm whose proposal received the second highest score to
negotiate a contract.

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

2.10 Award of Contract

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

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

2.10.3 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.

2.10.4 The procuring entity may at any time terminate procurement proceedings before contract
award and shall not be liable to any person for the termination.
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2.10.5 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.

2.10.6 To qualify for contract awards, the tenderer shall have the following:

(a) Necessary qualifications, capability experience, services, equipment and facilities to

provide what is being procured.

(b) Legal capacity to enter into a contract for procurement.

(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and
is not the subject of legal proceedings relating to the foregoing.

(d) Shall not be debarred from participating in public procurement.

2.11 Confidentiality

2.11.1Information relating to evaluation of proposals and 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.

2.12 Corrupt or fraudulent practices

2.12.1The procuring entity requires that the consultants observe the highest standards of ethics
during the selection and award of the consultancy contract and also during the performance
of the assignment. The tenderer shall sign a declaration that he has not and will not be
involved in corrupt or fraudulent practices.

2.12.2 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.

2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulent practices risks
being debarred from participating in public procurement in Kenya.

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Appendix to information to consultants

Note on the Appendix to Information to Consultants

1. The Appendix to information to consultant is intended to assist the procuring entity in

providing specific information in relation to corresponding claims in the information to
consultants included in Section II and the appendix has to be prepared for each specific
consultancy.
2. The Procuring entity should specify in the appendix information and requirements specific
to the circumstances of the procuring entity, the assignment of the consultancy and the
proposals evaluation criteria that will apply to the RFP Consultancy.

3. In preparing the appendix the following aspects should be taken into consideration.

(a) The information that specifies or complements provisions of Section II to be

incorporated.

(b) Amendments of Section II as necessitated by the circumstances of the specific

consultancy to be also incorporated

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

Appendix to Information to Consultants

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
and to consultants and the provisions of the appendix, the provisions of the
appendix herein shall prevail over those of the information to consultants.

Clause Reference

2.1 The name of the Client is: State Department for Co-operatives.

2.1.1 Technical and Financial Proposals are requested: Yes __No ____

The name, objectives, and description of the assignment are provided in the terms of
reference.

2.1.2 A pre-proposal conference will be held: Yes _____ No __

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The names, addresses and telephone numbers of the Client’s official(s) are:

Commissioner for Cooperatives Development,

P.O. Box 30547 -00100
Nairobi,
Tel 020-2731531-9

2.1.3 The Client will provide the following inputs: Details provided in Pg 30-36

2.1.4 The estimated number of professional staff months required for the assignment is; Details
provided in Pg 30-36
2.1.5 The minimum required experience of proposed professional staff is Details provided in Pg
30-36

2.1.6 Training is a specific component of this assignment:

Yes____ No _______
2.1.7 Additional information in the Technical Proposal includes: Details provided in Pg 19-20
2.1.8 Consultants must submit an original and two (2) additional copies of each proposal.
2.1.9 The proposal submission address is: P.O Box 30547 -00100 Nairobi Information on the
outer envelope should also include: Ref No: SDC/SCM/4/2021-2022

2.2.0 Proposals must be submitted no later than the following date and time: 29th September,
2021.

2.2.1 The address to send information to the Client is:

State Department for Co-operatives,
P.O Box 30547 -00100.
Nairobi

2.2.2 The minimum technical score required to pass is 70 Marks

1.2.3 The assignment is expected to commence on by October, 2021 or any other date provided
by the employer.

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SECTION III: - TECHNICAL PROPOSAL

Notes on the preparation of the Technical Proposals

3.1 In preparing the technical proposals the consultant is expected to examine all terms and
information included in the RFP. Failure to provide all requested information shall be at
the consultant’s own risk and may result in rejection of the consultant’s proposal.

3.2 The technical proposal shall provide all required information and any necessary
additional information and shall be prepared using the standard forms provided in this
Section.

3.3 The Technical proposal shall not include any financial information unless it is allowed in the
Appendix to information to the consultants or the Special Conditions of contract.

1. TECHNICAL PROPOSAL SUBMISSION FORM

[_______________ Date]

To: ______________________ [Name and address of Client)

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for

__________________
_______________________________[Title of consulting services] in accordance with your
Request for Proposal dated ______________________[ Date] and our Proposal. We are
hereby submitting our Proposal, which includes this Technical Proposal, [and a Financial
Proposal sealed under a separate envelope-where applicable].

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

We remain,

Yours sincerely,

_______________________________[Authorized Signature]:

________________________________[Name and Title of Signatory]

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 Country
Assignment Name:

Location within Country: Professional Staff provided by Your

Firm/Entity(profiles):

Name of Client: Clients contact person for the

assignment.

Address:
No of Staff-Months; Duration of
Assignment:
Start Date (Month/Year): Completion Date Approx. Value of Services (Kshs)
(Month/Year):

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:

:
_________________________________[Name of Firm]
:
_________________________________[Address:]

2. FIRM’S REFERENCES

Relevant Services Carried Out in the Last Five 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.

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Firm’s Name: ___________________________________ Name and title of signatory;
________________________

TERMS OF REFERENCE (TOR)

TERMS OF REFERENCE FOR CONSULTANCY TO CONSTRUCT COFFEE

DRYING BEDS IN SELECTED COPERATIVE COFFEE FACTORIES IN KENYA

1. CONTEXT

The Kenya coffee sub-sector is a major employer in the Country and supports livelihoods of
many families. Previously, coffee used to be the leading foreign exchange earner for the
Country but dropped to the fourth position (Kenya Economic Outlook, 2018). The decline in
coffee earnings can be attributed to various challenges that include; inefficient processing
infrastructure due to low adoption of modern technologies; high cost of processing; and poor
governance of coffee Co-operatives societies among others. The decline has affected farmers’
earnings and their livelihoods.
The Government through the State Department for Co-operatives is working towards various
coffee reforms towards revitalizing the coffee sector. The reforms have been prioritised in the
National Coffee Task Force recommendations based on eight (8) pillars along the Coffee
Value chain namely:- Coffee Legal Reforms; Coffee Subsidy Program; Establishment of
Coffee Cherry Advance Payment System; Modernization of Nairobi Coffee Exchange; Youth
involvement in Coffee Sub-Sector; Promotion of Local Coffee Consumption; Institutional
Support; Marketing of Kenya Coffee; Audit of Coffee Co-operatives; and Debt Waivers to the
Coffee Co-operatives. To actualize these, the State Department for Co-operatives developed a
Coffee Revitalization Action Plan (CRAP) aligned to the recommendations of the Task Force.
This plan forms a basis for coordinating and providing strategic leadership in the coffee sub-
sector. Among the pillars is rehabilitation of existing primary coffee processing infrastructure
in 490 coffee factories spread in 31 coffee growing counties. This will entail rehabilitation of
factory machine and equipment which include; stores, fermentation lines and tanks,
electrification, drying beds/ drying tables, conditioning bins, recirculation machines, stores,
water access and storage tanks and introduction of new modern pulpers among other priority
needs.

2. Rationale

Coffee Co-operative Societies factories experience high parchment losses due to uneven
drying owing to dilapidated drying beds. These challenges will be overcomed through

19
 construction of new and sustainable drying infrastructures at factory level, those will minimize
processing losses during drying of parchment
In the Financial Year 2021/22, the State Department is seeking the services of a contractor to
construct mmetallic parchment drying beds, measuring 25m by 1m, in each of the 100 targeted
factories.

The successful implementation of this intervention is envisaged to promote adoption of eco-

friendly technology and enhanced quality processing of coffee hence increased returns.

3. Objective

The main objective of this intervention is to improve the performance of Coffee Co-operative
factories through provision of modern drying beds for operational efficiencies in order to
improve quality of coffee for enhanced income to the farmers.
4. Scope of work

The modernization project will focus on the 100 selected Cooperative coffee factories spread in
23 counties. The intervention will include erection of efficient parchment drying beds.

5. Purpose of the consultancy

The State Department is seeking the services of a consultant to:

a) Design and construct 5 metallic parchment drying tables of 25M BY 1M in each of the
100 selected Co-operative coffee factories as per the specifications provided by SDC as
well as deliver equipment as per specification

6. Specific tasks

The consultancy will entail the following outputs and Task

Outputs Task
5 metallic parchment drying Design, construct and erect 5 metallic parchment
tables of 25 square metres drying tables of 25M X 1M in each of the 100
constructed in each of the 100 selected coffee factories.
selected factories as well as
procure and deliver inspection Paint the metallic drying beds with rust resistant
automobile as per specifications metallic paint.

Procure and deliver inspection automobile

7. Deliverables

20
 i. An inception report approved by SDC with a detailed design, work plan and with key milestones
and timelines within 14 days upon signing the contract;
ii. Certificates of completion for metallic parchment drying tables of 25MX1M installed in the 100
Coffee Co-operatives Societies factories;
8. Timeline
The assignment shall be completed within 90 Calendar days upon signing of the contract.

9. Consultant Selection Method

The consultant will be selected based on experience and qualifications

10. Reporting and other Contract Conditions

The consultant will report to the Accounting Officer, but will work closely with identified staff
of the State Department for Co-operatives and officers responsible for Co-operative matters in
respective counties.

11. General Qualification/skills Required

Any firm registered with Registrar of Companies in the Government of Kenya and having a
minimum five years of experience in the field of erecting drying tables/beds is eligible to apply
Must have undertaken at least three (3) similar assignments in the last three Years. It must also
be registered with the National Construction Authority (NCA 6).

12. Composition of Team Members

All the team members should have a proven experience in similar projects. The applicant shall
send a detailed CV of the team members that will be involved in the proposed project including
academic qualifications, training, and work experiences. The bidding firms should provide the
names of the key team members who meet the requirements for each job needed for the project.

21
 Key Professional Staff

i. Team Leader who will be the contact person with SDC.

ii. The lead consultant who must have a Bachelor’s degree or higher Diploma in either
electrical, civil, mechanical engineering or related degree and post qualification experience
of at least 5 years. She/he must be registered with the
iii. relevant professional body qualified technicians in Civil/Structural, Electrical or
Mechanical engineering field.

13. Payment Procedure

a) Payment will be in three instalments, these are:

i) First instalment: 25% upon submission and acceptance of inception report and
provision of a valid performance bond
ii) Second instalment: 35% upon Design, construction, erection and inspection of 5
metallic parchment drying tables of 25M X 1M in each of the 100 selected coffee factories;
iii) Third instalment: 40% upon receipt, inspection and acceptance, by the SDC, of
the final and commissioning report.
NB: 5% retention during the one-year defect liability period.

14. Confidentiality
During the performance of the assignment or any time after expiry or termination of the
agreement, the organization/company/firm shall not disclose to any person or otherwise make
use of any confidential information which the organization/company/firm has obtained or may
obtain in the course of the consultancy relating to partner organization/Government of Kenya,
the Co-operative societies or otherwise.

Annex 1: Specification of parchment metallic drying beds

Hardware Units Model Features

Title
1. Parchment 5 per site Metallic Thick hollow square tube (50mm x
metallic for 100 drying 50mm x 2mm)
drying beds selected beds Stand post square tube spacing (one
Factories stand to another) - 6ft
Stand post square tube height from the
ground level -1200mm +6-inch
concrete under the ground
Length x width
22500mm x1200mm
Angle line frame
50mm x 50mm x 2mm
Ribbed wired mesh (medium gauge-
2.22kg/m)
22
 T –section fitted to angle frame (50 x
25 x 6mm)
Spacing T-section fitted centre to
centre on angle frame (900mm)
Painting Under coat-black
Final coat red
ANNEX 2. Inspection double cab specifications (ONE Unit)

Pick -up configuration Double Cab

Displacement (cc) Max 2499

No. of cylinders 4

Compression ratios 18.1.1

Bore x stroke (mm) 95.4 x 87.4

No. of valves 16

Power (kW) @ r/min 100 @ 3600

Torque (Nm) @ r/min

Fuel system Common Rail Direct Injection

Turbocharger Standard

Intercooler Standard

Transmission type 5- speed manual

Wheel suspension front Leaf Spring Overslung

23
Wheel suspension rear Twin-Tube Gas Pressurised (Heavy Duty)

Shock absorbers N/A

Hi-ride suspension Standard

Skid plate guard Standard

Engine sump guard Standard

Transfer case guard Standard

Fuel tank guard 5294

Warranty & roadside assistance 1 yr/ Unlimited Mileage

Service plan Standard

Service intervals 10,000 km

ANNEX 3. LIST OF SAMPLED COFFEE CO-OPERATIVESS FOR

MODERNIZATION PROJECT

SN TOTAL
O FACTORIES
COUNTY (PHASE 2) NAME OF SOCIETY
1. 6 Kianjuri FCS,
Thangatha FCS,
Kithangari FCS,
Kanguru FCS,
Munguna FCS, Katheri
Meru FCS
2. 5 Mutindwa FCS,
Mwanga FCS, Muiru
FCS, Kiriani FCS,
Tharaka Nithi Kithitu FCS
24
3. 7 Murue FCS, Gakundu
FCS, Thabana FCS,
Kanjugu FCS, Rianjagi
FCS, Muramuki FCS,
Embu Kirrurumwe FCS
4 7 Othaya FCS, Baricho
FCS, New Gikaru FCS,
Ruthaka FCS,
Rumukia FCS, New
Tekangu FCS, Thiriku
Nyeri FCS
5. 13 Inoi FCS, Urumandi
FCS, Mutiira FCS,
Muirua FCS, Kabare
FCS, New Ngariama
FCS, Kibirigwi FCS,
Thirikwa Fcs,
Kirithathi FCS, Mirichi
FCS, Rungeto FCS,
Kirinyaga Ngiriabu FCS
6. 9 Ngomano FCS, New
Mitamboni FCS, Kwa
Matingi FCS, Mwatati
FCS, kwa Kiinyu FCS,
Mungala FCS,
Muthuunzuni FCS,
Kambusu FCS,
Machakos Kaliluni FCS
7. 6 Kahuhia FCS,
Thangaini FCS,
Muruka FCS, New
Kiriti FCS, Kangunu
FCS, Kiawanduma
Muranga FCS
8. 3 Kapsaos Toretmoi
FCS, Kapkiyai M.C.
Soc. Ltd, Kabunyeria
Nandi FCS
9. 12 Chwele FCS, Kaptola
FCS, Kibisi FCS,
Menu FCS, New
Chesikaki FCS, Kikai
FCS, Sasuri FCS,
Kimabole FCS,
Chepkube FCS,
BUNGOMA Mayekwe FCS,
25
 Emanang FCS, Tuikut
FCS
10. 7 Kamiwa FCS,
CHEPKITAR FCS,
Lelu FCS, RORET
FCS, KASHEEN FCS,
KUNYAK FCS,
KERICHO Kimoligit FCS
11. 6 Girango FCS, Eaka
FCS, Nyabomite FCS,
Magwagwa FCS,
Geshonso FCS,
NYAMIRA Gesarara FCS
12. 6 Kenyenya FCS, Marani
Farmers FCS,
Nyamosongo FCS,
Gakera FCS,
Kiamocha FCS,
KISII Magena FCS
13. Makueni 1 Kikima FCS
14. Vihiga 1 Lunyerere FCS
15. Kakamega 1 Mumunyonzo FCS
16. Baringo 1 Kituro FCS
17. Elgeyo Marakwet 1 Kocholwo FCS
18. Migori 1 Bukuria FCs
19. Homa Bay 1 Orinde FCS
20. Trans Nzoia 1 Siboti FCS
21. West Pokot 1 Pokot FCS
22. 3 Gitwe FCS, Komothai
Kiambu FCS, Ritho FCS
23. Nakuru 1 Jumatatu FCS
Total Factories 100

NB: The list of the specific factories will be availed by SDC to the successful bidder.

The Principal Secretary

State Department for Co -operatives
Social Security House BLOCK ‘A’
Bishops Road,
P.O. Box 30547 - 00100
NAIROBI

26
TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED

PROFESSIONAL STAFF

Proposed Position:
_____________________________________________________________

Name of Firm:
_________________________________________________________________

27
 Name of Staff:
__________________________________________________________________

Profession:
____________________________________________________________________
_

Date of Birth:
__________________________________________________________________

Years with Firm: ___________________________ Nationality: ______________________

Membership in Professional Societies:
________________ __________________________

Detailed Tasks Assigned:

________________ _______________________________________

Key Qualifications:

[Give an outline of staff 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].

Education:

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

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

28
 Employment Record:

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

Certification:

I, the undersigned, certify that these data correctly describe me, my

qualifications, and my experience.

___________________________________________ Date:______________________

[Signature of staff member]

_______________________________________Date;____________________

[Signature of authorized representative of the firm]

Full name of staff member:

_____________________________________________________

Full name of authorized representative:

_________________________________________

29
 7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
Months (in the Form of a Bar Chart)
Name Position Reports Due/ Number of months
Activities 1 2 3 4 5 6 7 8 9 10 11 12

Reports Due: _________

Activities Duration: _________

Signature: ________________________
(Authorized representative)

Full Name:
_____________________________________

Title:
______________________________________
_____

Address:
__________________________

8. ACTIVITY (WORK) SCHEDULE

30
 (a). Field Investigation and Study Items

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

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

Activity (Work)

(b). Completion and Submission of Reports

Reports Date

1. Inception Report

4. Interim Progress
Report

(a) First Status Report

(b) Second
Status Report

3. Draft Report

4. Final Report

31
 SECTION VI:

STANDARD FORMS OF CONTRACT

a. ANNEX I – LARGE ASSIGNMENTS (LUMP-SUM PAYMENTS)

b. ANNEX II – LARGE AND SMALL ASSIGNMENTS (TIME -BASED

PAYMENTS)

c. ANNEX III – SMALL ASSIGNMENTS (LUMP-SUM PAYMENTS)

NOTES

1. LARGE ASSIGNMENT _____Exceeding Ksh 5,000,000

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

3. TIME BASED PAYMENT ___Time based fixed fee Exact duration of

contract not fixed

4. LUMP-SUM PAYMENT _____Stated fixed contract sum.

ANNEX II

SAMPLE CONTRACT FOR CONSULTING

SERVICES LARGE ASSIGNMENTS AND Small Assignments

Time-Based Payments

SAMPLE CONTRACT FOR CONSULTING SEVICES

32
 SMALL ASSIGNMENTS

TIME-BASED PAYMENTS

CONTRACT

This Agreement [hereinafter called “the Contract”) is entered into this

_____________ [Insert starting date of assignment],
by and between
___________________________________________________
[ Insert Client’s name] of [or whose registered office is situated at]
__________________________________________________[insert Client’s
address](hereinafter called “the Client”) of the one part AND
_____________________________________ [Insert Consultant’s name] of[or
whose registered office is situated at
]__________________________________________[insert Consultant’s
address](hereinafter called “the Consultant”) of the other part.

WHEREAS, the Client wishes to have the Consultant perform the Services
[hereinafter referred to as “the Services”, and

WHEREAS, the Consultant is willing to perform the said Services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services (i) The Consultant shall perform the Services specified in

Appendix A, “Terms of Reference and Scope of Services,” which is made an
integral part of this Contract.

(ii) The Consultant shall provide the reports listed in Appendix

B, “Consultant’s Reporting Obligations,” within the
time periods listed in such Appendix and the personnel
listed in Appendix C, “Cost Estimate of Services, List
of Personnel and Schedule of Rates” to perform the
Services.

2. Term The Consultant shall perform the Services during the period commencing
__________________[Insert start date] and
continuing through to________________[Insert
completion
date] or any other period(s) as may be subsequently agreed by
the parties in writing.

33
3. Payment A. Ceiling

For Services rendered pursuant to Appendix A, the

Client shall pay the Consultant an amount not to
exceed a ceiling of _____________ [Insert ceiling
amount]. This amount has been established based on
the understanding that it includes all of the Consultant’s
costs and profits as
(i)
Well as any tax obligation that may be imposed on the
Consultant. The payments made under the Contract
consist of the Consultant’s remuneration as defined in
sub-paragraph (B) below and of the reimbursable
expenditures as defined in sub-paragraph (C) below.

B. Remuneration

The Client shall pay the Consultant for Services rendered at the
rate(s) per man/month spent (or per day spent or per hour spent,
subject to a maximum of eight hours per day) in accordance with the
rates agreed and specified in Appendix C, “Cost Estimate of
Services, List of Personnel and Schedule of Rates”.

C. Reimbursable

The Client shall pay the Consultant for reimbursable expenses

which shall consist of and be limited to:

(i) normal and customary expenditures for official road and air
travel, accommodation, printing and telephone charges; air
travel will be reimbursed at the cost of less than first class
travel and will need to be authorized by the Client’s

34
 Coordinator;
(ii) such other expenses as approved in advance by the Client’s
coordinator.

D. Payment Conditions.

Payment shall be made in Kenya shillings unless

otherwise specified not later than thirty {30} days
following submission of invoices in duplicate to the
Coordinator designated in Clause 4 here below. If the

Client has delayed payments beyond thirty (30) days

after the date hereof, simple interest shall be paid to
the Consultant for each day of delay at a rate three
percentage points above the prevailing Central Bank
of Kenya’s average rate for base lending.

The parties shall use their best efforts to settle amicably

all disputes arising out of or in connection with this
Contract or its interpretation.

4. Project A. Coordinator
Administration
The Client designates _______________________
[Insert name] as Client’s Coordinator; the Coordinator
shall be responsible for the coordination of activities
under the Contract, for receiving and approving
invoices
(ii)
for payment and for acceptance of the deliverables
by the Client.

B. Timesheets.

During the course of their work under this Contract,

including field work, the Consultant’s employees

providing services under this Contract may be required

to complete timesheets or any other document used to
identify time spent as well as expenses incurred, as
instructed by the Project Coordinator.

C. Records and Accounts

35
 The Consultant shall keep accurate and systematic
records and accounts in respect of the Services which
will clearly identify all charges and expenses. The Client
reserves the right to audit or to nominate a reputable
accounting firm to audit the Consultant’s records
relating to amounts claimed under this Contract during
its term and any extension and for a period of three
months thereafter.

5. Performance The Consultant undertakes to perform the Services with

Standard the highest standards of professional and ethical

competence and integrity. The Consultant shall
promptly replace any employees assigned under this
Contract that the Client considers unsatisfactory.

6. ConfidentialityThe Consultant shall not, during the term of this Contract and
within two years after its expiration, disclose any proprietary or confidential
information relating to the Services, this Contract or the Client’s business or
operations without the prior written consent of the Client.

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

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

8. Consultant Not The Consultant agrees that during the term of this
to be Engaged Contract and after its termination, the Consultant and any entity a
in Certain affiliated with the Consultant shall be disqualified from providing
Activities goods, works or services ( other than the Services or any
continuation thereof) for any project resulting from or closely
related to the Services.

The Consultant will be responsible for taking out any appropriate

insurance coverage.
9. Insurance

10. Assignment The Consultant shall not assign this Contract or

36
 Subcontract any portion thereof without the Client’s
prior written consent.

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

12. Dispute Any dispute arising out of this Contract which cannot be
Resolution amicably settled between the parties, shall 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.

FOR THE CLIENT FOR THE CONSULTANT

Full name; ______________________ Full name______________________

Title: ___________________________ Title: __________________________

Signature; ________________________ Signature;______________________

Date;____________________________ Date;___________________________

37
LIST OF APPENDICES

Appendix A: Terms of Reference and Scope of Services

Appendix B: Consultant’s Reporting Obligation

Appendix C: Cost Estimate of Services, List of Personnel and Schedule of

Rates

APPENDIX C
1. Financial Proposal
Financial Proposal to be provided in a separate envelope indicated-
FINANCIAL
PROPOSAL-PLEASE DON’T OPEN. OPEN AFTER TECHNICAL
EVALUATION

ANNEX III

SAMPLE CONTRACT FOR CONSULTING SERVICES

Small Assignments
Lump-sum payments

SAMPLE CONTRACT FOR CONSULTING SERVICES SMALL

ASSIGNMENTS LUMP-SUM PAYMENTS

CONTRACT

This Agreement, [hereinafter called “the Contract”) is entered into this

_____________[Insert starting date of assignment], by and between
________________________________________ [Insert Client’s name] of [or
whose registered office is situated
38
at]____________________________________________[insert Client’s
address](hereinafter called “the Client”) of the one part AND

____________________________________________ [Insert
Consultant’s name] of [or whose registered office is situated at]
_____________________________________[insert Consultant’s
address](hereinafter called “the Consultant”) of the other part.

WHEREAS the Client wishes to have the Consultant perform the

services [hereinafter referred to as “the Services”, and WHEREAS the
Consultant is willing to perform the said Services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services (i)The Consultant shall perform the Services specified in Appendix

A, “Terms of Reference and Scope of Services,” which is made an integral
part of this Contract.

(ii) The Consultant shall provide the personnel listed in

Appendix B, “Consultant’s Personnel,” to perform the
Services.

(iii) The Consultant shall submit to the Client the reports

in the form and within the time periods specified in
Appendix C, “Consultant’s Reporting Obligations.”

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

3. Payment A. Ceiling

For Services rendered pursuant to Appendix A, the

Client shall pay the Consultant an amount not to
exceed___
_____________ [Insert amount]. This amount has been

39
 established based on the understanding that it includes
all of the Consultant’s costs and profits as well as any
tax obligation that may be imposed on the Consultant.

B. Schedule of Payments

The schedule of payments is specified below (Modify in order to

reflect the output required as described in Appendix C.)

Kshs______________________ upon the Client’s

receipt of a copy of this Contract signed by the
Consultant; Kshs______________________
upon the Client’s receipt of
the draft report, acceptable to the Client; and

Kshs______________________ upon the Client’s

receipt of the final report, acceptable to the Client.

Kshs______________________ Total

C. Payment Conditions

Payment shall be made in Kenya Shillings unless

otherwise specified not later than thirty [30] days
following submission by the Consultant of invoices in
duplicate to the Coordinator designated in Clause 4 here
below. If the Client has delayed payments beyond thirty
(30) days after the due date hereof, simple interest shall
be paid to the Consultant for each day of delay at a rate
three percentage points above the prevailing Central
Bank of Kenya’s average rate for base lending.

4. ProjectA.Coordinator.
Administration
The Client designates __________________[insert name] as
Client’s Coordinator; the Coordinator will be responsible for the
coordination of activities under this Contract, for acceptance and
approval of the reports and of other deliverables by the Client and
for receiving and approving invoices for payment.

40
 B. Reports.

The reports listed in Appendix C, “Consultant’s Reporting

Obligations,” shall be submitted in the course of the assignment and
will constitute the basis for the payments to be made under
paragraph 3.

5. Performance The Consultant undertakes to perform the Services with

Standards the highest standards of professional and ethical
competence and integrity.The Consultant shall
promptly replace any employees assigned under this
Contract that the Client considers unsatisfactory.

6. ConfidentialityThe Consultant shall not, during the term of this Contract and
within two years after its expiration, disclose any
proprietary or confidential information relating to the
Services, this Contract or the Client’s business or
operations without the prior written consent of the
Client.

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

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

8. Consultant Not The Consultant agrees that during the term of this
to be Engaged in Contract and after its termination the Consultant and any entity
certain Activities affiliated with the Consultant shall be disqualified from providing
goods, works or services (other than the Services and any
continuation thereof) for any project resulting from or closely
related to the Services.

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

10. AssignmentThe Consultant shall not assign this Contract or sub-contract any
portion of it without the Client’s prior written consent.

41
11. Law GoverningThe Contract shall be governed by the laws of Kenya and
Contract and the language of the Contract shall be English
Language.
Language

12. Dispute Any dispute arising out of the Contract which cannot be
amicably settled between the parties shall be referred by
Resolution 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.

FOR THE CLIENT FOR THE CONSULTANT

Full name; ________________________ Full name; ______________________

Title: ______________________________Title: ____________________________

Signature; __________________________Signature; ____________________

Date; ______________________________Date; _________________________

LIST OF APPENDICES

Appendix A: Terms of Reference and Scope of Services

Appendix B: Consultant’s Personnel

Appendix C: Consultant’s Reporting Obligations

LETTER OF NOTIFICATION OF AWARD

42
 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.

43
44