REPUBLIC OF KENYA

THE NATIONAL TREASURY AND ECONOMIC PLANNING

P.O BOX 30007-00100
NAIROBI

OPEN TENDER

REQUEST FOR PROPOSALS (RFP)

FOR

PROVISION OF CONSULTANCY SERVICES TO DEVELOP THE GREEN

CLIMATE FUND COUNTRY PROGRAMME 2024-2027 AND
OPERATIONAL MANUAL FOR KENYA

RFP NO. TNT/GCF/RFP/052/2024 - 2025

ISSUE DATE: 21st MAY, 2025

CLOSING DATE: 29TH MAY, 2025 AT 11.00 A.M.

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 TABLE OF CONTENT
SECTION 1 (A) - REQUEST FOR PROPOSAL (RFP) ............................................................................ 4
SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET ............................................... 5
SECTION 2 (B). DATA SHEET .......................................................................................................... 21
SECTION 3. TECHNICAL PROPOSAL – STANDARD FORMS ........................................................... 29
1. FORMTECH-1: TECHNICAL PROPOSAL SUBMISSION FORM ............................................... 29
2. CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION ......................................... 31
3. FORM TECH-2: CONSULTANT'S ORGANIZATION AND EXPERIENCE ................................ 35
4. FORMTECH-3: COMMENTS AND SUGGESTIONS ............................................................... 36
5. FORM TECH-5: WORK SCHEDULE AND PLANNING FOR DELIVERABLES .......................... 37
6. FORMT ECH- 6A: TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS' INPUTS ....... 38
7. FORM TECH-6B: CURRICULUM VITAE (CV) ...................................................................... 39
8. FORMTECH-7: MANDATORY SUPPORT DOCUMENTS ...................................................... 41
9. FORM TECH - 8: SELF-DECLARATION FORMS................................................................... 42
10. FORM SD2 ......................................................................................................................... 43
11. DECLARATION AND COMMITMENT TO THE CODE OF ETHICS ...................................... 44
12. TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE ............................. 45
13. FORM TECH - 9: TENDER-SECURING DECLARATION FORM {r 46 and 155(2)} ................. 48
14. SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS ................................................. 49
15. FORM FIN-1: FINANCIAL PROPOSAL SUBMISSION FORM ................................................ 50
16. FORM FIN-2: SUMMARY OF COSTS ................................................................................... 51
17. FORM FIN-3A: BREAKDOWN OF REMUNERATION ......................................................... 52
18. FORM FIN 3B: CONSULTANT'S REPRESENTATIONS REGARDING COSTS AND CHARGES . 53
19. FORM 3C: FORM FOR CONSULTANT'S REPRESENTATIONS REGARDING COSTS AND
CHARGES ............................................................................................................................ 54
20. FORM FIN 3D: BREAKDOWN OF REMUNERATION RATES [FOR TIME BASED CONTRACTS
ONLY].................................................................................................................................. 58
21. FORM FIN-4 BREAKDOWN OF REIMBURSABLE ................................................................ 60
SECTION 5. TERMS OF REFERENCE ................................................................................................ 61
SECTION 6. CONDITIONS OF CONTRACT AND CONTRACT FORMS............................................ 61
CONTRACT FOR CONSULTANT'S SERVICES .................................................................................. 66
SECTION 7: GENERAL CONDITIONS OF CONTRACT ..................................................................... 71
SECTION 8: SPECIAL CONDITIONS OF CONTRACT ...................................................................... 84
SECTION 9: APPENDICES ................................................................................................................ 91
Appendix A – Terms of Reference .................................................................................................... 91
Appendix B - Key Experts ................................................................................................................. 91
Appendix C – Remuneration Cost Estimates ...................................................................................... 91
Appendix D: Reimbursable Expenses Cost Estimates ......................................................................... 92
Appendix E: Form Ofadvance Payments Guarantee ......................................................................... 92
SECTION 10. NOTIFICATION FORMS ............................................................................................ 94
BENEFICIAL OWNERSHIP DISCLOSURE FORM ............................................................................. 100

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PRE-BID CONFERENCE ATTENDANCE FORM ....................................... Error! Bookmark not defined.

PROPOSAL FOR SELECTION OF CONSULTING FIRM(S)

1) NAME AND CONTACT ADDRESSES OF PROCURING ENTITY

The Principal Secretary,

The National Treasury and
Economic Planning,
P.O. Box 30007 – 00100,
Nairobi, Kenya
Email: [email protected]

2) Invitation to RFP (ITT) No. TNT/GCF/RFP/052/2024- 2025

3) Tender Name: PROVISION OF CONSULTANCY SERVICES TO

DEVELOP THE GREEN CLIMATE FUND COUNTRY
PROGRAMME 2024-2027 AND OPERATIONAL
MANUAL FOR KENYA

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 SECTION 1 (A) - REQUEST FOR PROPOSAL (RFP)

REP UBLIC OF K ENY A

THE NATIONAL TREASURY AND E C O N O M I C PLANNING
REQUEST FOR PROPOSALS (RFP)
PROVISION OF CONSULTANCY SERVICES TO DEVELOP THE GREEN CLIMATE FUND COUNTRY
PROGRAMME 2024-2027 AND OPERATIONAL MANUAL FOR KENYA
RFP NO. TNT/GCF/RFP/052/2024 - 2025

1. The National Treasury and Economic Planning has set aside funds in its budget or has
received financing from GOK toward the cost of the subject consultancy services.

2. The Procuring Entity now invites proposals to provide the following consulting services
(here in after called “the services”): Provision of Consultancy Services to Develop the Green
Climate Fund Country Programme 2024-2027 and Operational Manual for Kenya. More
details on the Services are provided in Section 8 on Terms of Reference.

3. If a Consultant is a Joint Venture (JV), the full name of the JV shall be used and all members,
starting with the name of the lead member. Where sub-consultants have been proposed, they
shall be named. The maximum number of JV members shall be specified in the DS.

4. The Consultant shall properly tape bind and chronologically serialize all pages of the Request
for Proposal documents submitted.

5. A firm will be selected under Open Tendering and in a format as described in this RFP, in
accordance with the Public Procurement and Asset Disposal Act 2015, a copy of which is
found at the following website: www.ppra.go.ke.

6. The contents of the RFP are as follows:

Section 1: Letter of Request for Proposals
Section2: Instructions to Consultants and Data Sheet
Section 3: Technical Proposal Standard Forms
Section 4: Financial Proposal Standard Forms
Section 5: Terms of Reference
Section 6: Standard Forms of Contract ([Select: Time-Based or Lump-Sum])

7. Please inform us in writing at the address below or by E-mail; [email protected]:

a) That you have received this Request for Proposals; and
b) Whether you intend to submit a proposal alone or intend to enhance your experience
by requesting permission to associate with other firm(s) (if permissible under Section 2,
Instructions to Consultants (ITC), Data Sheet 14.1.1).

8. Details on the proposal's submission date, time and address are provided in the ITC 17.7and
ITC 17.9 of the Data Sheet.

Yours sincerely,

HEAD, SUPPLY CHAIN MANAGEMENT SERVICES

FOR: PRINCIPAL SECRETARY/NATIONAL TREASURY

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 SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET

A. GENERAL PROVISIONS

1. Meanings/Definitions

a) “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is

controlled by, or is under common control with the Consultant.
b) “Applicable Law” means the laws and any other instruments having the force of law in
Kenya.
c) “Procuring Entity” means the entity that is carrying out the consultant selection process
and signs the Contract for the Services with the selected Consultant.
d) “Consultant” means a legally-established professional consulting firm or an entity that
may provide or provides the Services to the Procuring Entity under the Contract.
e) “Contract” means a legally binding written agreement signed between the Procuring
Entity and the Consultant and includes all the attached documents listed in its Clause 1
(the General Conditions of Contract (GCC), the Special Conditions of Contract (SCC),
and the Appendices).
f) “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2
that is used to reflect specific assignment conditions to supplement, but not to over-
write, the provisions of the ITC.
g) “Day” means a calendar day unless otherwise specified as "Business Day". A Business
Day is any day that is an official working day in Kenya and excludes official public
holidays.
h) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel
of the Consultant, Sub-consultant or Joint Venture member(s).
i) “Government” means the Government of the Republic of Kenya.
j) “In writing” means communicated in written form such as by mail, e-mail, fax,
including, if specified in the Data Sheet, distributed or received through the electronic-
procurement system used by the Procuring Entity with proof of receipt.
k) “Joint Venture (JV)” means an association with or without a legal personality distinct
from that of its members, of more than one Consultant where one member has the
authority to conduct all business for and on behalf of any and all the members of the
JV, and where the members of the JV are jointly and severally liable to the Procuring
Entity for the performance of the Contract.
l) “Key Expert(s)” means an individual professional whose skills, qualifications,
knowledge and experience are critical to the performance of the Services under the
Contract and whose CV is considered in the technical evaluation of the Consultant's
proposal.
m) “ITC” (this Section of the RFP) means the Instructions to Consultants that provides the
Consultants with all information needed to prepare their Proposals.
n) “Letter of RFP” means the letter of invitation being sent by the Procuring Entity to the
Consultants.
o) “Non-Key Expert(s)” means an individual professional provided by the Consultant or
its Sub-consultant and who is assigned to perform the Services or any part thereof
under the Contract and whose CVs are not evaluated individually.
p) “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant.

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 q) “Public Procurement Regulatory Authority (PPRA)” means the statutory authority of
the Government of Kenya that mandated with the role of regulating and monitoring
compliance with the public procurement law and regulations.
r) “RFP” means the Request for Proposals to be prepared by the Procuring Entity for the
selection of Consultants.

s) “Services” means the work to be performed by the Consultant pursuant to the Contract.
t) “Sub-consultant” means an entity to whom the Consultant intends to subcontract any
part of the Services while the Consultant remains responsible to the Procuring Entity
during the whole performance of the Contract.
v) “Terms of Reference (TORs)” means the Terms of Reference that explains the
objectives, scope of work, activities, and tasks to be performed, respective
responsibilities of the Procuring Entity and the Consultant, and expected results and
deliverables of the assignment.

2. Introduction

2.1 The Procuring Entity named in the Data Sheet intends to select a Consultant from those
listed in the Request for Proposals (RFP), in accordance with the method of selection
specified in the Data Sheet.

2.2 The Consultant are invited to submit a Technical Proposal and a Financial Proposal, for
consulting services required for the assignment named in the Data Sheet. The Proposal will
be the basis for negotiating and ultimately signing the Contract with the selected
Consultant.

2.3 The Consultants should familiarize themselves with the local conditions and take them into
account in preparing their Proposals, including attending a pre-proposal conference if one is
specified in the Data Sheet. Attending any such pre-proposal conference is optional and is at
the Consultants' expense.

2.4 The Procuring Entity will timely provide, at no cost to the Consultants, the inputs, relevant
project data, and reports required for the preparation of the Consultant's Proposal as
specified in the Data Sheet.

3. Conflict of Interest

3.1 The Consultant is required to provide professional, objective, and impartial advice, always
holding the Procuring Entity's interest's paramount, strictly avoiding conflicts with other
assignments or its own corporate interests and acting without any consideration for future
work.

3.2 The Consultant has an obligation to disclose to the Procuring Entity any situation of actual
or potential conflict that impacts its capacity to serve the best interest of the Procuring
Entity. Failure to disclose such situations may lead to the disqualification of the Consultant
or the termination of its Contract.

3.3 Without limitation on the generality of the foregoing, and unless stated otherwise in the
Data Sheet, the Consultants shall not be hired under the circumstances set forth below:
i) Conflicting Activities
Conflict between consulting activities and procurement of goods, works or non-
consulting services: a firm that has been engaged by the Procuring Entity to provide
goods, works, or non-consulting services for a project, or any of its Affiliates, shall be
disqualified from providing consulting services resulting from or directly related to
those goods, works, or non-consulting services. Conversely, a firm hired to provide

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 consulting services for the preparation or implementation of a project, or any of its
Affiliates, shall be disqualified from subsequently providing goods or works or non-
consulting services resulting from or directly related to the consulting services for such
preparation or implementation.
ii) Conflicting Assignments
Conflict among consulting assignments: A Consultant (including its Experts and Sub-
consultants) or any of its Affiliates shall not be hired for any assignment that, by its
nature, may conflict with another assignment of the Consultant for the same or for
another Procuring Entity.

(iii) Conflicting Relationships

Relationship with the Procuring Entity's staff: a Consultant (including its Experts and
Sub-consultants) that has a close business or personal relationship with senior
management or professional staff of the Procuring Entity who has the ability to
influence the bidding process and: (i) are directly or indirectly involved in the
preparation of the Terms of Reference for the assignment,(ii) the selection process for
the Contract, or (iii) the supervision of the Contract, may not be awarded a Contract,
unless the conflict stemming from such relationship has been resolved in a manner that
determines there is no conflict to affect this selection process.
iv) Others
Any other types of conflicting relationships as indicated in the Data Sheet.

4. Unfair Competitive Advantage

4.1 Fairness and transparency in the selection process require that the Consultants or their
Affiliates competing for a specific assignment do not derive a competitive advantage from
having provided consulting services related to the assignment in question. To that end, the
Procuring Entity shall indicate in the Data Sheet and make available to all Consultants
together with this RFP all information that would in that respect give such Consultant any
unfair competitive advantage over competing Consultants.

5. Corrupt and Fraudulent Practices

5.1 Consultant firms or any of its members shall not be involved in corrupt, coercive,
obstructive, collusive or fraudulent practice. Consultant firms or any of its members that are
proven to have been involved in any of these practices shall be automatically disqualified
and would not be awarded a contract.

5.2 Collusive practices

5.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contracting. Any Consultant found to have engaged in
collusive conduct shall be disqualified and criminal and/or civil sanctions may be imposed.
To this effect, Consultants shall be required to complete and sign the “Certificate of
Independent Proposal Determination” annexed to the Proposal Form.
5.3 In further pursuance of this policy, Consultants shall permit and shall cause their agents
(where declared or not), subcontractors, sub-consultants, service providers, suppliers, and
their personnel, to permit the Government and its agencies to inspect all accounts, records
and other documents relating to any short-listing process, Proposal submission, and
contract performance (in the case of award), and to have them audited by auditors,
investigators or compliance officers.

6. Eligibility

6.1 In selection of Consultants, short-listing shall be composed of firms or individuals who

belong to the same line of professional business and who are almost of the same capability.
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6.2 Unless otherwise specified in the Data Sheet, the Procuring Entity permits Consultants
including proposed experts, joint ventures and individual members from all countries and
categories to offer consulting services. The maximum number of members so far JV shall be
specified in the TDS.

6.3 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture
undertakings which may prevent, distort or lessen competition in provision of services are
prohibited unless they are exempt in accordance with the provisions of Section 25 of the
Competition Act, 2010. JVs will be required to seek for exemption from the Competition
Authority. Exemption shall not be a condition for submission of proposals, but it shall be a
condition of contract award and signature. A JV tenderer shall be given opportunity to seek
such exemption as a condition of award and signature of contract. Application for
exemption from the Competition Authority of Kenya may be accessed from the
websitewww.cak.go.ke

6.4 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse, their business associates or agents and
firms/organizations in which they have a substantial or controlling interest shall not be
eligible to tender or be awarded a contract. Public Officers are also not allowed to
participate in any procurement proceedings.

6.5 It is the Consultant's responsibility to ensure that it’s Experts, joint venture members, Sub-
consultants, agents (declared or not), sub-contractors, service providers, suppliers and/or
their employees meet the eligibility requirements.

6.6 As an exception to the foregoing ITC 6.1 and 6.2 above:

a) Sanctions-A firm or an individual that has been debarred from participating in public
procurement shall be ineligible to be awarded a contract, or to benefit from the
contract, financially or otherwise, during the debarment period. The list of debarred
firms and individuals is available from the website of PPRA www.ppra.go.ke.
b) Prohibitions-Firms and individuals of a country or goods in a country may be ineligible if:
i) As a matter of law or official regulations, Kenya prohibits commercial relations with that
country; or

ii) By an act of compliance with a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations, Kenya prohibits any
import of goods or services from that country or any payments to any country,
person, or entity in that country.
c) Restrictions for Government-owned Enterprises-Government-owned enterprises or
institutions in Kenya shall be eligible only if they can establish that they
i) Are legally and financially autonomous,
ii) Operate under commercial law, and
iii) That they are not dependent agencies of the Procuring Entity.
d) Restrictions for public employees - Government officials and civil servants and
employees of public institutions shall not be hired for consulting contracts.

6.7 Margin of Preference and Reservations-no margin of preference shall be allowed in the
selection of consultants. Reservations may however be allowed to a specific group of
businesses (these groups are Small and Medium Enterprises, Women Enterprises, Youth
Enterprises and Enterprises of persons living with disability, as the case may be), and who
are appropriately registered as such by the authority to be specified in the Data Sheets. A
procuring entity shall ensure that the invitation to submit proposals specifically includes
only businesses or firms belonging to one group.

B. Preparation of Proposals
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7. General Considerations

7.1 In preparing the Proposal, the Consultant is expected to examine the RFP in detail. Material
deficiencies in providing the information requested in the RFP may result in rejection of the
Proposal.

8. Cost of Preparation of Proposal

8.1 The Consultant shall bear all costs associated with the preparation and submission of its
Proposal, and the Procuring Entity shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the selection process. The Procuring Entity is not
bound to accept any proposal and reserves the right to annul the selection process at any
time prior to Contract award, without incurring any liability to the Consultant.

9. Language

9.1 The Proposal, as well as all correspondence and documents relating to the Proposal
exchanged between the Consultant and the Procuring Entity shall be written in the English
language.

10. Documents Comprising the Proposal

10.1 The Proposal shall comprise the documents and forms listed in the Data Sheet.

10.2 The Consultant shall declare in the Financial Proposal Submission Form, that in competing
for and executing a contract, it shall undertake to observe the laws of Kenya against fraud
and corruption including bribery, as well as against anti-competitive practices including bid
rigging.

10.3 The Consultant shall furnish information on commissions, gratuities and fees, if any, paid or
to be paid to agents or any other party relating to this Proposal and, if awarded, Contract
execution, as requested in the Financial Proposal Submission Form.

11. Only One Proposal

11.1 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 in another Proposal. If a
Consultant, including any Joint Venture member, submits or participates in more than one
proposal, all such proposals shall be disqualified and rejected. This does not, however,
preclude Sub-consultant, or the Consultant's staff from participating as Key Experts and
Non-Key Experts in more than one Proposal when circumstances justify and if stated in the
Data Sheet.

11.2 Members of a joint venture may not also make an individual Proposal, be a subcontractor
in a separate proposal or be part of another joint venture for the purposes of the same
Contract.

11.3 Should a Joint Venture subsequently win the Contract, it shall consider whether an
application for exemption from the Competition Authority of Kenya is merited pursuant to
Section 25 of the Competition Act 2010.

12. Proposal Validity

a. Proposal Validity Period

12.1 The Data Sheet indicates the period during which the Consultant's Proposal must remain
valid after the Proposal submission deadline.
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12.2 During this period, the Consultant shall maintain its original Proposal without any change,
including the availability of the Key Experts, the proposed rates and the total price.

12.3 If it is established that any Key Expert nominated in the Consultant's Proposal was not
available at the time of Proposal submission or was included in the Proposal without
his/her confirmation, such Proposal shall be disqualified and rejected for further evaluation
and may be subject to sanctions in accordance with ITC 5.

b. Extension of Validity Period

12.4 The Procuring Entity will make its best effort to complete the negotiations within the
proposal's validity period. However, should the need arise, the Procuring Entity may
request, in writing, all Consultants who submitted Proposals prior to the submission
deadline to extend the Proposals' validity.

12.5 If the Consultant agrees to extend the validity of its Proposal, it shall be done without
any change in the original Proposal and with the confirmation of the availability of the Key
Experts, except as provided in ITC 12.7.

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

b. Substitution of Key Experts at Validity Extension

12.7 If any of the Key Experts become unavailable for the extended validity period, the
Consultant shall provide a written adequate justification and evidence satisfactory to the
Procuring Entity together with the substitution request. In such case, a replacement Key
Expert shall have equal or better qualifications and experience than those of the originally
proposed Key Expert. The technical evaluations core, however, will remain to be based on
the evaluation of the CV of the original Key Expert.

12.8 If the Consultant fails to provide a substitute Key Expert with equal or better qualifications,
or if the provided reasons for the replacement or justification are unacceptable to the
Procuring Entity, such Proposal will be rejected.

c. Sub-Contracting

12.9 The Consultant shall not subcontract the whole or part of the Services without reasonable
justification and written approval of the Procuring Entity.

13. Clarification and Amendment of RFP

13.1 The Consultant may request a clarification of any part of the RFP during the period
indicated in the Data Sheet before the Proposals' submission deadline. Any request for
clarification must be sent in writing, or by standard electronic means, to the Procuring
Entity's address indicated in the Data Sheet. The Procuring Entity will respond in writing, or
by standard electronic means, and will send written copies of the response (including an
explanation of the query but without identifying its source) to all Consultants. Should the
Procuring Entity deem it necessary to amend the RFP as a result of a clarification, it shall do
so following the procedure described below:

13.2 At any time before the proposal submission deadline, the Procuring Entity may amend the
RFP by issuing an amendment in writing or by standard electronic means. The amendment
shall be sent to all invited Consultants and will be binding on them. The Consultants shall
acknowledge receipt of all amendments in writing.

13.3 If the amendment is substantial, the Procuring Entity may extend the proposal submission

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 deadline to give the Consultants reasonable time to take an amendment in to account in
their Proposals.

13.4 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 Technical or
Financial Proposal shall be accepted after the deadline.

14. Preparation of Proposals–Specific Considerations

14.1 While preparing the Proposal, the Consultant must give particular attention to the
following:

(a) If a Consultant considers that it may enhance its expertise for the assignment by
associating with other consultants in the form of a Joint Venture or as Sub-consultants,
it may do so long as only one Proposal is submitted, in accordance with ITC 11.
Above. A Consultant cannot associate with shortlisted Consultant(s). When associating
with non-shortlisted/non-invited firms in the form of a joint venture or a sub-
consultancy, the shortlisted/invited Consultant shall be a lead member. If
shortlisted/invited Consultant associates with each other, any of them can be a lead
member.
(b) The Procuring Entity may indicate in the Data Sheet the estimated amount or Key
Experts' time input (expressed in person-month), or the Procuring Entity's estimated
total cost of the assignment, but not both. This estimate is indicative and the Proposal
shall be based on the Consultant's own estimates for the same. This clause shall not
apply when using Fixed Budget selection method.
(c) For assignments under the Fixed-Budget selection method, the estimated Key Experts'
time input shall not be disclosed. Total available budget, with an indication whether it
is inclusive or exclusive of taxes, is given in the Data Sheet, and the Financial Proposal
shall not exceed this budget.
d) Key Experts shall not appear in more than one proposal unless so allowed in the Data
Sheet. Invited firms must confirm and ensure their Key experts do not appear in
proposal of other invited firms, otherwise proposals with Key experts appearing in
other proposals will be rejected.

15. Technical Proposal Format and Content

15.1 The Technical Proposal shall be prepared using the Standard Forms provided in Section 3 of
the RFP and shall comprise the documents listed in the Data Sheet under ITC 10.1. The
Technical Proposal shall not include any financial information. A Technical Proposal
containing material financial information shall be declared non- responsive.

15.2 Consultant shall not propose alternative Key Experts. Only one CV shall be submitted for
each Key Expert position. Failure to comply with this requirement will make the Proposal
non-responsive.

16. Financial Proposal

16.1 The Financial Proposal shall be prepared using the Standard Forms provided in Section 4 of
the RFP. It shall list all costs associated with the assignment, including (a) remuneration for
Key Experts and Non-Key Experts, (b) reimbursable expenses indicated in the Data Sheet.
Irrespective of the consultant selection method, any Consultant that does not submit
itemized and priced financial proposal, or merely refers the Procuring Entity to other legal
instruments for the applicable minimum remuneration fees shall be considered non-
responsive.

a. Price Adjustment
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16.2 For assignments with a duration exceeding 18 months, a price adjustment provision for
foreign and/or local inflation for remuneration rates apply if so, stated in the Data Sheet.

b. Taxes

16.3 The Consultant and its Sub-consultants and Experts are responsible for meeting all tax
liabilities arising out of the Contract unless stated otherwise in the Data Sheet. Information
on taxes in Kenya is provided in the Data Sheet.

c. Currency of Proposal

16.4 The Consultant may express the price for its Services in the currency or currencies as stated
in the Data Sheet. If indicated in the Data Sheet, the portion of the price representing local
cost shall be stated in Kenya Shillings.

d. Currency of Payment

16.5 Payment under the Contract shall be made in the currency or currencies in which the
payment is requested in the Proposal.

C. SUBMISSION, OPENING AND EVALUATION

17. Submission, Sealing, and Marking of Proposals

17.1 The Consultant shall submit a signed and complete Proposal comprising the documents and
forms in accordance with ITC 10 (Documents Comprising Proposal). Consultants shall mark
as “CONFIDENTIAL” information in their Proposals which is confidential to their business.
This may include proprietary information, trade secrets or commercial or financially
sensitive information. The submission can be done by mail or by hand. If specified in the
Data Sheet, the Consultant has the option of submitting its Proposals electronically.

17.2 An authorized representative of the Consultant shall sign the original submission letters in
the required format for both the Technical Proposal and the Financial Proposals and shall
initial all pages of both. The authorization shall be in the form of a written power of
attorney attached to the Technical Proposal.

17.3 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.

17.4 Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if
they are signed or initialed by the person signing the Proposal.

17.5 The signed Proposal shall be marked “ORIGINAL”, and its copies marked “COPY” as
appropriate. The number of copies is indicated in the Data Sheet. All copies shall be made
from the signed original. If there are discrepancies between the original and the copies, the
original shall prevail.

18. Sealing and Marking of Proposals

18.1 The firm shall deliver the Proposals in a single sealed envelope, or in a single sealed
package, or in a single sealed container bearing the name and Reference number of the
assignment, addressed to the Procuring Entity and a warning “DO NOT OPEN
BEFORE…………. (The time and date for proposal opening date”. Within the single
envelope, package or container, the Firm shall place the following separate, sealed
envelopes:
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18.2 In the single sealed envelope, or in a single sealed package, or in a single sealed container
the following documents shall been closed and shall be addressed as follows:
i) in an envelope or package or container marked “ORIGINAL”, all documents
comprising the Technical Proposal, as described in ITC11;
ii) in an envelope or package or container marked “COPIES”, all required copies of the
Technical Proposal;
iii) in an envelope or package or container marked “ORIGINAL”, all required copies of
the Financial Proposal; and

18.3 The inner envelopes or packages or containers shall:

i) Bear the name and address of the Procuring Entity.
ii) Bear the name and address of the Firm; and
iii) Bear the name and Reference number of the Assignment.

18.4 If an envelope or package or container is not sealed and marked as required, the Procuring
Entity will assume no responsibility for the misplacement or premature opening of the
proposal. Proposals that are misplaced or opened prematurely will not be accepted.

18.5 The Proposal or its modifications must be sent to the address indicated in the Data Sheet
and received by the Procuring Entity no later than the deadline indicated in the Data Sheet,
or any extension to this deadline. Any Proposal or its modification received by the
Procuring Entity after the deadline shall be declared late and rejected, and promptly
returned unopened.

19. Confidentiality/Canvassing

19.1 From the time the Proposals are opened to the time the Contract is awarded, the
Consultant should not contact the Procuring Entity on any matter related to its Technical
and/or Financial Proposal. Information relating to the evaluation of Proposals and award
recommendations shall not be disclosed to the Consultants who submitted the Proposals or
to any other party not officially concerned with the process, until the publication of the
Contract award information.

19.2 Any attempt by Consultants or any one on behalf of the Consultant to influence improperly
the Procuring Entity in the evaluation of the Proposals or Contract award decisions may
result in the rejection of its Proposal and may be subject to the application of prevailing
PPRA's debarment procedures.

19.3 Notwithstanding the above provisions, from the time of the Proposals' opening to the time
of Contract award publication, if a Consultant wishes to contact the Procuring Entity on
any matter related to the selection process, it should do so only in writing.

20. Opening of Technical Proposals

20.1 The Procuring Entity's opening committee shall conduct the opening of the Technical
Proposals in the presence of the Consultants' authorized representatives who choose to
attend (in person, or online if this option is offered in the Data Sheet). The opening date,
time and the address are stated in the Data Sheet. The envelopes with the Financial
Proposal shall remain sealed and shall be securely stored by the Procuring Entity or with a
reputable public auditor or independent authority until they are opened in accordance with
ITC 22.

20.2 At the opening of the Technical Proposals the following shall be read out: (i) the name and
the country of the Consultant or, in case of a Joint Venture, the name of the Joint Venture,
the name of the lead member and the names and the countries of all members; (ii) the
presence or absence of a duly sealed envelope with the Financial Proposal; (iii) any
modifications to the Proposal submitted prior to proposal submission deadline; and (iv) any
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 other information deemed appropriate or as indicated in the Data Sheet.

21. Proposals Evaluation

21.1 Subject to provision of ITC 15.1, the valuators of the Technical Proposals shall have no
access to the Financial Proposals until the technical evaluation is concluded and after the
Procuring Entity notifies all the Consultants in accordance with ITC 22.1.

21.2 The Consultant is not permitted to alter or modify its Proposal in anyway after the
proposal submission deadline except as permitted under ITC12.7. While evaluating the
Proposals, the Evaluation Committee will conduct the evaluation solely on the basis of the
submitted Technical and Financial Proposals.

22. Evaluation of Technical Proposals

22.1 The Procuring Entity's evaluation committee shall evaluate the Technical Proposals that
have passed the eligibility and mandatory criteria, on the basis of their responsiveness to
the Terms of Reference and the RFP. The eligibility and mandatory criteria shall include the
following and any other that may include in the Data sheet.
a) Firm has submitted the required number of copies of the Technical Proposals.
b) Firm has submitted a sealed financial proposal.
c) The Proposal is valid for the required number of days.
d) The Technical Proposal is signed by the person with power of attorney, without
material deviation, reservation, or omission.
e) The Technical Proposal is complete with all the forms and required documentary evidence
submitted.
f) A valid tax compliance certificate or tax exemption certificate issued by the Kenya
Revenue Authority in accordance with ITT 3.14 for Kenyan firms.
g) Key Experts are from eligible countries.
h) Key Experts do not appear in more than one proposal, if so required.
i) A short-listed firm has not participated in more than one proposal, if so required.
j) The Consultant is not insolvent, in receivership, bankrupt or in the process of being wound up.
k) The Consultant, its sub-consultants and experts have not engaged in or been convicted
of corrupt or fraudulent practices.
l) The Consultant is neither precluded from entering into a Contract nor debarred by PPRA.
m) The firm has not proposed employing public officials, civil servants and employees of public
institutions.
n) The Consultant, its sub-consultants and experts have no conflicts of interest.

22.2 Each responsive Proposal will be given a technical score. A Proposal shall be rejected at this
stage if it does not respond to important aspects of the RFP or if it fails to achieve the
minimum technical score indicated in the Data Sheet.

23. Public Opening of Financial Proposals

23.1 Unsuccessful Proposals

After the technical evaluation is completed, the Procuring Entity shall notify those
Consultants whose Proposals were considered non-responsive to the RFP and TOR or did
not meet the minimum qualifying technical score, advising them the following: (i) their
Proposal was not responsive to the RFP and TOR or did not meet the minimum qualifying
technical score; (ii) provide information relating to the Consultant's overall technical score,
as well as scores obtained for each criterion and sub-criterion; (iii) their Financial Proposals
Page 14 of 103
 will be returned unopened after completing the selection process and Contract signing; and
(iv ) notify them of the date, time and location of the public opening of the Financial
Proposals and invite them to attend.

23.2 Financial Proposals for QBS, CQS and SSS

Following the ranking of the Technical Proposals, when the selection is based on QBS or
CQS, the top-ranked Consultant is invited to negotiate the Contract. Only the Financial
Proposal of the technically top-ranked Consultant is opened by the opening committee. All
other Financial Proposals shall be returned unopened after the Contract negotiations are
successfully concluded and the Contract is signed with the successful Consultant.

When the selection is based on the SSS method and if the invited Consultant meets the
minimum technical score required passing, the financial proposal shall be opened and the
Consultant invited to negotiate the contract.

23.3 Financial Proposals for QCBS, FBS, LCS

Following the ranking of the Technical Proposals, and after internal approvals, the
Procuring Entity shall simultaneously notify in writing those Consultants whose Proposals
were considered responsive to the RFP and TOR, and that have achieved the minimum
qualifying technical score, advising them the following: (i) their Proposal was responsive to
the RFP and TOR and met the minimum qualifying technical score; (ii) provide information
relating to the Consultant's overall technical score, as well as scores obtained for each
criterion and sub-criterion;(iii) their Financial Proposal will be opened at the public opening
of Financial Proposals; and (iv) notify them of the date, time and location of the public
opening and invite them for the opening of the Financial Proposals.

23.4 Opening of Financial Proposals

The opening date should allow the Consultants sufficient time to decide for attending the
opening and shall be no less than five (5) Business Days from the date of notification of the
results of the technical evaluation, described in ITC 22.1 and 22.2.

The Consultant's attendance at the opening of the Financial Proposals (in person, or online
if such option is indicated in the Data Sheet) is optional and is at the Consultant's choice.

The Financial Proposals shall be opened publicly by the Procuring Entity's opening
committee in the presence of the representatives of the Consultants and anyone else who
chooses to attend. Any interested party who wishes to attend this public opening should
contact the Procuring Entity as indicated in the Data Sheet. At the opening, the names of
the Consultants, and the overall technical scores, including the break-down by criterion,
shall be read aloud. The Financial Proposals will then be inspected to confirm that they
have remained sealed and unopened. These Financial Proposals shall be then opened, and
the total prices read aloud and recorded. Copies of the record shall be sent to all
Consultants who submitted Proposals.

24. Correction of Errors

24.1 Activities and items described in the Technical Proposal but not priced in the Financial
Proposal, shall be assumed to be included in the prices of other activities or items, and no
corrections are made to the Financial Proposal.

24.2 Time-Based Contracts-If a Time-Based contract form is included in the RFP, in case of
discrepancy between (i) a partial amount(sub-total) and the total amount, or (ii) between
the amount derived by multiplication of unit price with quantity and the total price, or (iii)
between figures and words, the later will prevail. In case of discrepancy between the
Page 15 of 103
 Technical and Financial Proposals in indicating quantities of input, the Technical Proposal
prevails and the Procuring Entity’s evaluation committee shall correct the quantification
indicated in the Financial Proposal so as to make it consistent with that indicated in the
Technical Proposal, apply the relevant unit price included in the Financial Proposal to the
corrected quantity, and correct the total Proposal cost.

24.3 Lump-Sum Contracts – If a Lump-Sum contract form is included in the RFP, the Consultant is
deemed to have included all prices in the Financial Proposal, so neither arithmetical
correction nor price adjustments shall be made. The total price, net of taxes understood as
per ITC 24 below, specified in the Financial Proposal (Form FIN-1) shall be considered as
the offered price.

25. Taxes

25.1 Subject to ITC 24.2, all taxes are deemed to be included in the Consultant’s financial
proposal as separate items, and, therefore, considered in the evaluation.

25.2 All local identifiable taxes levied on the contract invoices (such as sales tax, VAT, excise tax,
or any similar taxes or levies) and in come and withholding tax payable to Kenya on the
remuneration of non-resident Experts for the services rendered in Kenya are dealt with in
accordance with the instructions in the Data Sheet.

26. Conversion to Single Currency

26.1 For the evaluation purposes, prices shall be converted to a single currency using the selling
rates of exchange, source and date indicated in the Data Sheet.

27. Abnormally Low Prices

27.1 An Abnormally Low Price is one where the financial price, in combination with other
constituent elements of the proposal, appears unreasonably low to the extent that the price
raises material concerns with the Procuring Entity as to the capability of the Consulting firm
to perform the Contract for the offered price.

27.2 In the event of identification of a potentially Abnormally Low Price by the evaluation
committee, the Procuring Entity shall seek written clarification from the firm, including a
detailed price analyses of its price in relation to the subject matter of the contract, scope,
delivery schedule, allocation of risk sand responsibilities and any other requirements of the
RFP document.

27.3 After evaluation of the price analyses, if the Procuring Entity determines that the firm has
failed to demonstrate its capability to perform the contract for the offered price, the
Procuring Entity shall reject the firm’s proposal.

28. Abnormally High Prices

28.1 An abnormally high price is one where the proposal price, in combination with other
constituent elements of the proposal, appears unreasonably too high to the extent that the
Procuring Entity is concerned that it (the Procuring Entity) may not be getting value for
money or it may be paying too high a price for the contract compared with market prices
or that genuine competition between Consultants is compromised.

28.2 In case of an abnormally high tender price, the Procuring Entity shall make a survey of the
market prices, check if the estimated cost of the contract is correct, and review the RFP to
check if the specifications, TOR, scope of work and conditions of contract are contributory
to the abnormally high proposals. The Procuring Entity may also seek written clarification
from the Consultants on the reason or the high proposal price. The Procuring Entity shall
Page 16 of 103
 proceed as follows:
i) If the proposal price is abnormally high based on wrong estimated cost of the contract,
the Procuring Entity may accept or not accept the proposal depending on the Procuring
Entity’s budget considerations.
ii) If specifications, TOR, scope of work and/or conditions of contract are contributory to
the abnormally high proposal prices, the Procuring Entity shall reject all proposals and
may re-invite for proposals for the contract based on revised estimates, specifications,
TOR, scope of work and conditions of contract.

28.3 If the Procuring Entity determines that the Proposal Price is abnormally too high because
genuine competition between Consultants is compromised (often due to collusion,
corruption or other manipulations), the Procuring Entity shall reject all Proposals and shall
institute or cause competent Government Agencies to institute an investigation on the cause
of the compromise, before re-inviting for proposals.

29. Combined Quality and Cost Evaluation

(a) Quality and Cost Based Selection (QCBS) Method

29.1 In the case of Quality and Cost Based Selection (QCBS), the total score is calculated by
weighting the technical and financial scores and adding them as per the formula and
instructions in the Data Sheet. The Consultant that achieves the highest combined technical
and financial score will be notified and invited for negotiations.

(b) Fixed Budget Selection (FBS) Method

29.2 In the case of FBS, those Proposals that exceed the budget indicated in ITC 14.1.4 of the
Data Sheet shall be rejected. The Procuring Entity’s evaluation committee will select the
Consultant with the highest-ranked Technical Proposal that does not exceed the budget
indicated in the RFP, notify and invite such Consultant to negotiate the Contract.

(c) Least Cost Selection (LCS) Method

29.3 In the case of Least-Cost Selection (LCS), the Procuring Entity’s evaluation committee will
select the Consultant whose Proposal is the lowest evaluated total price among those
Proposals that achieve the minimum technical score required to pass, notify the Consultant
and invite the Consultant to negotiate the Contract.

d. Combined Technical and Evaluation Report

29.4 The evaluation committee shall prepare a combined technical and financial evaluation
report, with specific recommendations for award or otherwise and subject to the required
approvals within the Procuring Entity prior to notifications and invitation of Consultant for
negotiations.

30. Notification of Intention to enter into a Contract/Notification of Award

30.1 The Procuring Entity shall send to each Consultant (that has not already been notified that it
has been unsuccessful) the Notification of Intention to Award the Contract to the successful
Consultant. The Notification of Intention to enter into a Contract / Notification of Award
shall contain, at a minimum, the following information:
i) The name and address of the Consultant with whom the Procuring Entity successfully
negotiated a contract;
ii) the contract price of the successful Proposal;
iii) a statement of the reasons why the recipient’s Proposal was unsuccessful
iv) the expiry date of the Standstill Period, and
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 v) instructions on how to request a debriefing and/or submit a complaint during the standstill
period;

31. Standstill Period

31.1 The Standstill Period shall be the number of days stated in the Data Sheet. The Standstill
Period commences the day after the date the Procuring Entity has transmitted to each
Consultant (that has not already been notified that it has been unsuccessful) the Notification
of Intention to Award the Contract. The Contract shall not be signed earlier than the expiry
of the Standstill Period. This period shall be allowed for aggrieved Consultants to lodge an
appeal. The procedure for appeal and the authority to determine the appeal or complaint
is as indicated in the Data Sheet.

(a) NEGOTIATIONS AND AWARD

32. Negotiations

32.1 The negotiations will be held at the date and address indicated in the Data Sheet with the
Consultant’s representative(s) who must have written power of attorney to negotiate and
sign a Contract on behalf of the Consultant.

32.2 The evaluation committee shall prepare minutes of negotiations that are signed by the
Accounting Officer and the Consultant’s authorized representative.
32.3 Availability of Key Experts
The invited Consultant shall confirm the availability of all Key Experts included in the
Proposal as a pre-requisite to the negotiations, or, if applicable, a replacement in
accordance with ITC 12. Failure to confirm the Key Experts’ availability may result in the
rejection of the Consultant’s Proposal and the Procuring Entity proceeding to negotiate the
Contract with the next-ranked Consultant.
32.4 Notwithstanding the above, the substitution Key Experts at the negotiations may be
considered if due solely to circumstances outside the reasonable control of and not
foreseeable by the Consultant, including but not limited to death or medical in capacity. In
such case, the Consultant shall offer a substitute Key Expert within the period of time
specified in the letter of invitation to negotiate the Contract, who shall have equivalent or
better qualifications and experience than the original candidate.
32.5 Technical negotiations
The technical negotiations include discussions of the Terms of Reference (TORs), the
proposed methodology, the Procuring Entity’s inputs, the special conditions of the
Contract, and finalizing the “Description of Services” part of the Contract. These discussions
shall not substantially alter the original scope of services under the TOR or the terms of the
contract, lest the quality of the final product, its price, or the relevance of the initial
evaluation be affected.
(a) Financial negotiations
The financial negotiations include the clarification of the Consultant’s tax liability in Kenya
and how it should be reflected in the Contract. All applicable taxes shall be itemized
separately and included in the contract price.
32.7 If the selection method included cost as a factor in the evaluation (that is QCBS, FBS, LCS),
the unit rates and the total price stated in the Financial Proposal for a Lump-Sum contract
shall not be negotiated.
32.8 Where QBS or CQS methods was used for a Lump-sum Contract as indicated in the RFP, the
unit rates negotiations shall not take place, except when the offered Key Experts and Non-
Page 18 of 103
 Key Experts’ remuneration rates are much higher than the typically charged rates by
consultants in similar contracts or the professional practice. In such case, the Procuring
Entity may ask for clarifications and, if the fees are very high, ask to change the rates. The
format for (i) providing information on remuneration rates in the case of QB Sand CQS;
and (ii) clarifying remuneration rates’ structure under this Clause, is provided in Appendix A
to the Financial Form FIN-3: Financial Negotiations – Breakdown of Remuneration Rates. If
after the clarifications, the price is still considered too high, the Procuring Entity may
terminate the negotiation and invite the next ranked Consultant to open its financial
proposal and negotiate the contract.
32.9 In the case of a Time- Based contract, negotiation of unit rates shall not take place, except
when the offered Key Experts and Non-Key Experts’ remuneration rates are much higher
than the typically charged rates by consultants in similar contracts. In such case, the
Procuring Entity may ask for clarifications and, if the fees are very high, ask to change the
rates. The format for (i) providing information on remuneration rates in the case of QBS
and CQS; and (ii) clarifying remuneration rates ‘structure under this Clause, is provided in
Appendix A to the Financial Form FIN-3: Financial Negotiations-Breakdown of
Remuneration Rates. If after the clarifications, the price is still considered too high, the
Procuring Entity may terminate the negotiation and invite the next ranked Consultant for
negotiations.
32.10 Where SSS method was used as indicated in the RFP, both the unit rates and total price
shall be negotiated. If the negotiations fail, the Procuring Entity shall terminate the
Consultant selection process. In that event, the Procuring Entity shall review the consultancy
requirements and market conditions prior to deciding to use an appropriate selection
method to again procure the consulting services.
33. Conclusion of Negotiations
33.1 The negotiations are concluded with a review of the finalized draft Contract, which then
shall be initialed by the Accounting Officer and the Consultant’s authorized representative
and minutes prepared to record the outcome of the negotiations.
33.2 If the negotiations fail, the Procuring Entity shall inform the Consultant in writing of all
pending issues and disagreements and provide a final opportunity to the Consultant to
respond. If disagreement persists, the Procuring Entity shall terminate the negotiations
informing the Consultant of the reasons for doing so. The Procuring Entity will invite the
next-ranked Consultant to negotiate a Contract. Once the Procuring Entity commences
negotiations with the next-ranked Consultant, the Procuring Entity shall not reopen the
earlier negotiations.

34. Letter of Award

34.1 Upon expiry of the Standstill Period, specified in ITC 28.1, after satisfactorily addressing any
appeal that has been filed within the Standstill Period, and upon successful negotiations, the
Procuring Entity shall send a Letter of Award to the successful Consultant. The letter shall
confirm the Procuring Entity’s award of Contract to the successful Consultant and requesting
the Consultant to sign and return the draft negotiated Contract within Twenty-One (21)
Days from the date of the Letter of Award.

35. Signing of Contract

35.1 The Contract shall be signed prior to the expiration of the Proposal Validity Period and
promptly after expiry of the Standstill Period, specified in ITC 28.1 and upon satisfactorily
addressing any complaint that has been filed within the Standstill Period.

35.2 The Consultant is expected to commence the assignment on the date and at the location
specified in the Data Sheet.

Page 19 of 103
36. Publication of Procurement Contract

36.1 Within the period specified in the Data Sheet, the Procuring Entity shall publish the awarded
Contract which shall contain, at a minimum, the following information: (a) name and
address of the Procuring Entity; (b) name and reference number of the contract being
awarded, (c) the selection method used; (d) names of the consultants that submitted
proposals; (e) names of all Consultants whose Proposals were rejected or were not
evaluated; (f) the name of the successful consultant, the final total contract price, the
contract duration and a summary of its scope.

36.2 Consider carefully the information on Consultants to be published, particularly evaluation

by the Procuring Entity, to avoid disclosing information which can facilitate bid-rigging
formation going forward. Suggest amendment as follows:

36.3 The awarded Contract shall be published on the Procuring Entity’s website with free access
if available and in the official procurement tender portal.

37. Procurement Related Complaint and Administrative Review

37.1 The procedures for making Procurement-related Complaints shall be specified in the TDS.

37.2 A request for administrative review shall be made in the form provided under contract
forms.

Page 20 of 103
 SECTION 2 (B). DATA SHEET

Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

Clause
A. General Provisions
1(j) Electronic procurement system shall be used: Not Applicable
If Yes;
Electronic –Procurement System
The Procuring Entity shall use the following electronic-procurement system to
manage this Request for Proposal process: NOT APPLICABLE
The electronic-procurement system shall be used to manage the following part of
the RFP process: NOT APPLICABLE

2.1 Name of the Procuring Entity: The National Treasury

The consultant selection method is: Quality-Cost Based Selection (QCBS)

2.2 Financial Proposal to be submitted together with Technical Proposal in separate

envelopes: Yes

The name of the assignment is: Provision of Consultancy Services to Develop the
Green Climate Fund Country Programme 2024-2027 and Operational Manual for
Kenya

2.3 A pre-proposal conference will be held: NO

Date of pre-proposal conference…N/A

Time: N/A
Address: N/A
Telephone: N/A
E-mail: N/A
Title of contact person: N/A

2.4 The Procuring Entity will provide the following inputs, project data, reports, etc.
to facilitate the preparation of the Proposals: Terms of Reference

3.3 (iv) The Consultants shall not be hired under the circumstances in conflicting activities;
Not Applicable

4.1 If “Unfair Competitive Advantage” applies to the selection, explain how it is

mitigated, including listing the reports, information, documents, etc. and
indicating the sources where these can be downloaded or obtained by the
Consultants: N/A

6.2 Maximum number of members in the Joint Venture (JV) shall be: Three (3)

6.6 (a) The list of debarred firms and individuals is available at the PPRA’s website
www.ppra.go.ke or email [email protected]

6.7 The business will be registered with NOT APPLICABLE

Page 21 of 103
Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
B. Preparation of Proposals
10.1 The Proposal shall comprise the following:
1st Inner Envelope with the Technical Proposal:

TECH-1: Technical Proposal Submission Form

TECH-2: Consultant’s Organization and Experience
TECH-3: Comments and Suggestions
TECH-4: Description of Approach, Methodology and Workplan
TECH-5: Work Schedule and Planning for Deliverables
TECH-6: Team Composition, Assignment, and Key Experts’ Input
TECH-7: Mandatory Documentary Evidence

AND

2nd Inner Envelope with the Financial Proposal:

(1) FIN-1: Financial Proposal Submission Form

(2) FIN-2: Summary of Costs
(3) FIN-3: Breakdown of Remuneration
(4) FIN-4: Breakdown of Reimbursable Expenses

11.1 Participation of Sub-consultants, and Key Experts in more than one Proposal is
permissible: NO

12.1 Proposals must remain valid for 180 days after the proposal submission deadline.

13.1 Clarifications may be requested no later than Three (3) days prior to the
submission deadline.
The contact information for requesting clarifications is: E-mail:
[email protected]

14 (b) (do not Estimated total cost of the assignment: NOT APPLICABLE
use for Fixed
Budget Method)

14 (c) and 26.2 The total available budget for this Fixed-Budget assignment is: NOT APPLICABLE
[use for Fixed [insert currency] (choose one: inclusive or exclusive of taxes). Proposals exceeding
Budget method] the total available budget will be rejected.

14 (d) Key Experts shall not appear in more than one proposal: APPLICABLE

15.1 The Technical Proposal shall be prepared using the Standard Form provided in
Section 3 of the RFP and shall comprise the documents listed in the Data Sheet
under ITC 10.1.: APPLICABLE

A Technical Proposal containing material financial information shall be declared

non- responsive

15.2 Consultant shall not propose alternative Key Experts: APPLICABLE

Page 22 of 103
Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
16.1(b) The Financial Proposal will include (but not limited to) the following
reimbursable expenses:
1. a per diem allowance, including hotel, for experts for every day of absence
from the home office for the purposes of the Services;
2. cost of travel by the most appropriate means of transport and the most
direct practicable route;
3. cost of office accommodation, including overheads and back-stop support;
4. communications costs;
5. cost of purchase or rent or freight of any equipment required to be
provided by the Consultants;
6. cost of reports production (including printing) and delivering to the
Procuring Entity;
7. other allowances where applicable and provisional or fixed sums (if any)
8. Any other charges, if applicable

16.2 A price adjustment provision applies to remuneration rates: No

16.3 The Procuring Entity has NOT obtained an exemption for the Consultant from
payment of taxes in Kenya as per the KRA website

Information on the Consultant’s tax obligations in the Procuring Entity’s country

can be found on the Kenya Revenue Authority website: www.kra.go.ke

16.4 The Financial Proposal shall be stated in the following currencies:

Consultant may express the price for their Services in any fully convertible
currency, of up to three foreign currencies.

C. Submission, Opening and Evaluation

17.1 The Consultant SHALL NOT have the option of submitting his Proposal
electronically.

17.5 The Consultant must submit:

(a) Technical Proposal: One (1) Original and Three (3) Copies;
(b) Financial Proposal: One (1) Original and Three (3) Copies.

18.5 The Proposal must be submitted no later than:

Date: 29th May, 2025
Time: 11.00 a.m.

The Proposal Submission Address is;

The Principal Secretary

The National Treasury
P.O. BOX 30007-00100,
Treasury Building, Harambee Avenue
Nairobi, Kenya
The tender documents shall be deposited in Tender Box located at the Treasury
Building, Sixth (6th) Floor, Harambee Avenue, Nairobi, Kenya. Bulky tender
documents that cannot fit in the tender box shall be delivered and registered on

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Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
Sixth (6th) Floor, Procurement Office, Room Number 619 at the Treasury Building,
Harambee Avenue, Nairobi, Kenya.

The Proposal Opening Address is;

The Principal Secretary,

The National Treasury,
Treasury Building, Harambee Avenue
6th Floor, Conference Room No. 603
P.O. Box 30007 – 00100,
Nairobi

20.1 An online option of the opening of the Technical Proposals is offered: NO

20.2 In addition, the following information will be read aloud at the opening of the
Technical Proposals: Name of Consultants and Bid Security Amount and Bank
Name if applicable

22.1 Other eligibility and mandatory criteria shall be:

Consultants will be evaluated on a YES or NO basis in this stage

Bidder’s
No. Requirements Response
1. Copy of Certificate of Incorporation or Certificate of
Registration or equivalent for Foreign Lead Managers
2. Attach a copy of valid tax compliance certificate
3. Provide a copy of a valid Single Business Permit
4. Provide a valid copy of Certificate of Confirmation of
Directors and Shareholding (CR 12). (Issued within the last
12 Months to Tender Opening Date), copies of ID cards
for Sole Proprietors and partnerships
5. Must submit a duly filled, signed and stamped
Confidential Business Questionnaire in format provided
6. The bid document “Original” and “Copies” must be
chronologically serialized on all pages of the tender
documents submitted and be properly tape or spiral
bound. (No files will be accepted)
7. Submit the required number of copies of the Technical
Proposals i.e. one (1) original and Three (3) copies
8. Duly filled, signed and Stamped Self Declaration form that
the Tenderer will not engage in any Corrupt or
Fraudulent Practice.
9. Duly filled, signed and stamped Self- Declaration Form
that the Tenderer is Not Debarred by PPRA.
10. Duly filled, signed and stamped Certificate of
Independent Proposal Determination
11. Duly filled, signed and stamped Declaration and

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Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
Commitment to The Code of Ethics
12. Duly filled, signed and stamped Technical Proposal
Submission Form

Financial Evaluation (Mandatory) – to be attached in the Financial Proposals

i) Duly filled, signed and Stamped Financial Proposal Submission
Form
ii) Submitted the required number of copies of the Financial
Proposals i.e. one (1) original and Three (3) copies
iii) The bid document (Financial Proposals) “Original” and “Copies”
must be sequentially paginated / serialized.

AT THIS STAGE, THE TENDERER’S SUBMISSION WILL EITHER BE

RESPONSIVE OR NON-RESPONSIVE. THE NON-RESPONSIVE SUBMISSIONS
WILL BE ELIMINATED FROM THE ENTIRE EVALUATION PROCESS AND
WILL NOT BE CONSIDERED FURTHER.

22.2 The Criteria, sub-criteria, and point system for the evaluation of the Technical
Proposals:

S/NO DESCRIPTION MARKS

1) Specific Experience of the Consultancy Firm Related to (10 Marks)
the Assignment
• At least 10 years of general experience in the
Development Policy, Environment Management,
Economics and Public Policy,
• A minimum of 7 years of specific experience
working in climate change, climate finance, GCF.
• Previous work experience or engagements in at
least Two (2) assignments of similar nature.
2) Adequacy of Proposed Work plan and Methodology in (40 Marks)
Responding to the ToR
a) Quality and clarity of the proposed approach
experience in data collection and analysis, design
and implementation of climate finance tracking
systems and online platforms. (10 marks)
b) Methodology of implementing the assignment
(10 marks)
c) Work plan/programme of action incorporating all
the activities to be undertaken as per the Terms of
Reference (10 marks)
d) Engagement plan with stakeholders and proposed
timeline (10 Marks)
3) Qualifications and competence of the key staff for the (40 Marks)

Page 25 of 103
Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
assignment (copies of certificates, curriculum vitae and
other relevant supporting documentation must be
submitted)
Consultant’s Qualification

Master’s degree in development studies, Environment

Management, Economics, Climate Change, Finance,
Public Policy or related disciplines from a university
recognized in Kenya.

4 Financial Capability (10 Marks)

Financial Capability
• Availability of Liquid assets and access to lines of
credit/other financial resources that prove your
capacity to deliver. (Attach letter from Bank on credit
availability, overdraft etc – (5 Marks)
• Provide copies of audited accounts for the company
for the last three accounting years (i.e. 2020- 2021,
2021-2022, 2022 - 2023) (5 marks)
Total Marks 100

The total points are as summarized below;

Points
(i) Specific Experience of the Consultancy Firm
Related to the Assignment 10 Marks
(ii) Adequacy of Proposed Work plan and
Methodology in Responding to the Terms of
Reference (ToR) 40 Marks
(iii) Qualifications and Competences of the Key
Staff Proposed for the Assignment 40 Marks
(iv) Financial Capability 10 Marks

Total 100

The minimum technical score (St) required to pass is: 80%

• Consultancy firm which scores 80% and above will be recommended to

be considered for financial evaluation.
• Consultancy firm which scores less than 80% will be disqualified from
further revaluation.

THE CONSULTANTS WHO WILL BE FOUND RESPONSIVE IN THE

TECHNICAL EVALUATION STAGE, WILL PROCEED TO THE FINANCIAL
OPENING AND EVALUATION STAGE

Financial Evaluation (Mandatory) – to be attached in the Financial Proposals

Consultants will be evaluated on a (YES/NO) basis in this stage

iv) Attach a Duly filled, signed and Stamped Financial Proposal

Page 26 of 103
Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
Submission Form
v) Submitted the required number of copies of the Financial
Proposals i.e., one (1) original and Three (3) copies
vi) The bid document (Financial Proposals) “Original” and “Copies”
must be sequentially paginated / serialized.

THE LOWEST RESPONSIVE BIDDER WITH THE HIGHEST TECHNICAL SCORE

WILL BE RECOMMENDED FOR AWARD AT THIS STAGE.

23.4 An online option of the opening of the Financial Proposals is offered: No

25.2 For the evaluation, the Procuring Entity will include separate items of: (a) all local
identifiable indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied
on the contract’s invoices; and (b) all additional local indirect tax on the
remuneration of services rendered by experts.
If a Contract is awarded, at Contract negotiations, all such taxes will be discussed,
finalized using the itemized list and included in the Contract amount as a separate
line, also indicating which taxes shall be paid by the Consultant and which taxes
are withheld and paid by the Procuring Entity on behalf of the Consultant.

26.1 The single currency for the conversion of all prices expressed in various currencies
into a single one is: Kenya Shillings
The official source of the selling exchange rate is: Central Bank of Kenya
The date of the exchange rate is: the deadline for submission of the Technical and
Financial proposals.

29.1 The formula for determining the financial scores (Sf) of all other Proposals is
(QCBS only) calculated as following:

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price,
and “F” the price of the proposal under consideration.

The weights given to the Technical (T) and Financial (P) Proposals are:

T = 0.70 and
P = 0.30

Proposals are 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 = 1) as following: S = St x T% + Sf
x P%.

31 The Standstill Period shall be: 14 days

The procedures for making a procurement related complaint are detailed in the
Public Procurement and Asset Disposal Act, 2015 and Regulations, 2020. If a
Consultant wishes to make a procurement related complaint or appeal, the
Consultant shall submit its complaint to the Public Procurement Administrative
Review Board.

Page 27 of 103
Reference to ITC PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Clause
D. Negotiations and Award

32.1 Expected date and address for contract negotiations:

Date: To be communicated to the technically qualified bidders
Address: The Principal Secretary,
The National Treasury,
Treasury Building, Harambee Avenue
6th Floor, Conference Room No. 603
P.O. Box 30007 – 00100,
Nairobi

32.7 The Financial Proposal for a Lump-Sum contract shall be negotiated

35.2 Expected date for the commencement of the Services: Date: Upon contract
signing

36.1 The publication of the contract award information following the completion of
the contract negotiations and contract signing will be done as follows:
The publication will be done within 14 days after the contract signing

37.1 The procedures for making a Procurement-related Complaints are detailed in the
“Regulations” available from the PPRA Website www.ppra.go.ke or email
[email protected]. If a Tenderer wishes to make a Procurement-related
Complaint, the Tenderer should submit its complaint following these procedures,
in writing (by the quickest means available, that is either by hand delivery or
email to:

The Secretary,
Public Procurement Administrative Review Board,
The Public Procurement Oversight Authority,
10th Floor, National Bank House,
P.O. Box 58583-00200,
NAIROBI, Kenya.
Tel: +254 (0) 20 3244000
Email: [email protected]
Website: www.ppoa.go.ke

In summary, a Procurement-related Complaint may challenge any of the

following:

(i) the terms of the Tender Documents; and

(ii) the Procuring Entity’s decision to award the contract.

Page 28 of 103
SECTION 3. TECHNICAL PROPOSAL – STANDARD FORMS

1. FORMTECH-1: TECHNICAL PROPOSAL SUBMISSION FORM

{Location, Date}

To: [Name and address of Procuring Entity]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your RFP dated [Insert Date] and our Proposal. We are hereby submitting our
Proposal, which includes this Technical Proposal and a Financial Proposal sealed in a separate
envelope.

{If the Consultant is a joint venture, insert the following: We are submitting our Proposal in
association/as a consortium/as a joint venture with: {Insert a list with full name and the legal
address of each member, and indicate the lead member}. We have attached a copy {insert: “of
our letter of intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”}
signed by every participating member, which details the likely legal structure of and the
confirmation of joint and severable liability of the members of the said joint venture.

OR

{If the Consultant's Proposal includes Sub-consultants, insert the following:} We are submitting
our Proposal with the following firms as Sub-consultants: {insert a list with full name and address
of each Sub-consultant.}

We hereby declare that:

a) All the information and statements made in this Proposal are true and we accept that any
misinterpretation or misrepresentation contained in this Proposal may lead to our
disqualification by the Procuring Entity or may be sanctioned by the PPRA.

b) Our Proposal shall be valid and remain binding upon us for the period of time specified in
the Data Sheet, Clause 12.1.

c) We have no conflict of interest in accordance with ITC 3.

d) We meet the eligibility requirements as stated in ITC 6, and we confirm our understanding
of our obligation to abide by the Government's policy in regard to corrupt, fraudulent and
prohibited practices as per ITC5.

e) In competing for (and, if the award is made to us, in executing) the Contract, we undertake
to observe the laws against fraud and corruption, including bribery, as well as laws against
anti-competitive practices, including bid rigging in force in Kenya; we hereby certify that we
have taken steps to ensure that no person acting for us or on our behalf engages in any type
of Fraud and Corruption or anti-competitive practices.

f) We confirm that we are not insolvent, in receivership, bankrupt or on the process of being

wound up.

g) The Consultant shall declare in the Technical Proposal Submission Form, that in competing
for and executing a contract, it shall undertake to observe the laws of Kenya against fraud
and corruption including bribery, as well as against anti-competitive practices including bid-

Page 29 of 103
 rigging.

(h) We are not guilty of any serious violation of fair employment laws and practices. We
undertake to observe the laws of Kenya against fraud and corruption including bribery, as
well as against collusive and anti-competitive practices, including bid rigging. To this effect
we have signed the “Certificate of Independent Proposal Determination” attached below.
We also undertake to adhere by the Code of Ethics for persons participating in Public
Procurement and Asset Disposal Activities in Kenya, copy available from
(specif
y website) during the procurement process and the execution of any resulting contract.

(I) We, along with any of our sub-consultants are not subject to, and not controlled by any
entity or individual that is subject to, a temporary suspension or a debarment imposed by
the PPRA.

(e) Except as stated in the ITC12 and Data Sheet, we undertake to negotiate a Contract on the
basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons
other than those stated in ITC Clause12 andITCClause29.3 and 29.4 may lead to the
termination of Contract negotiations.

(j) Our Proposal is binding upon us and subject to any modifications resulting from the Contract
negotiations.

(k) We understand that the Procuring Entity is not bound to accept any Proposal that it receives.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in Clause 32.2 of the Data Sheet.

We remain,

Yours

sincerely,

Authorized Signature {In full and

initials}: Name and Title of
Signatory:
Name of Consultant (company’s name or
JV's name):
Contact information (phone and e-mail):

{For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached}

Page 30 of 103
2. CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

I, the undersigned, in submitting the accompanying TECHNICAL PROPOSAL SUBMISSION FORM

to the_______
[Name of Procuring Entity]

for: [Name and number of tender] in response to

the request for tenders made by: [Name of Tenderer] do hereby make
the following statements that I certify to be true and complete in every respect:

I certify, on behalf of [Name of Tenderer]

that:
2. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and
to submit the Tender on behalf of the Tenderer;
4. For the purposes of this Certificate and the Tender, I understand that the word “competitor”
shall include any individual or organization, other than the Tenderer, whether or not affiliated
with the Tenderer, who:
• Has been requested to submit a Tender in response to this request for tenders;
• could potentially submit a tender in response to this request for tenders, based on their
qualifications, abilities or experience;
5. The Tenderer discloses that [check one of the following, as applicable]:
• The Tenderer has arrived at the Tender independently from, and without consultation,
communication, agreement or arrangement with, any competitor;
• The Tenderer has entered into consultations, communications, agreements or
arrangements with one or more competitors regarding this request for tenders, and the
Tenderer discloses, in the attached document(s), complete details thereof, including the
names of the competitors and the nature of, and reasons for, such consultations,
communications, agreements or arrangements;
6. In particular, without limiting the generality of paragraphs(5)(a) or (5) (b)above, there has
been no consultation, communication, agreement or arrangement with any competitor
regarding:
• prices;
• methods, factors or formulas used to calculate prices;
• the intention or decision to submit, or not to submit, a proposal; or
• the submission of a proposal which does not meet the specifications of the request for
proposals; except as specifically disclosed pursuant to paragraph(5)(b) above;
7. In addition, there has been no consultation, communication, agreement or arrangement with
any competitor regarding the quality, quantity, specifications or delivery particulars of the
works or services to which this RFP relates, except as specifically authorized by the procuring
authority or as specifically disclosed pursuant to paragraph(5)(b) above;
8. The terms of the RFP have not been, and will not be, knowingly disclosed by the Consultant,
directly or indirectly, to any competitor, prior to the date and time of the official proposed
opening, or of the awarding of the Contract, which ever comes first, unless otherwise required
by law or as specifically disclosed pursuant to paragraph(5)(b) above.

Name

Title

Date

[Name, title and signature of authorized agent of Consultant and Date]

Page 31 of 103
3. APPENDIX TO FORM OF PROPOSAL ON FRAUD AND CORRUPTION CLAUSE (for
information)

(Appendix shall not be modified)

Purpose

The government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's
policies and procedures, Public Procurement and Asset Disposal Act (no. 33 of 2015) and its
Regulation, and any other Kenya's Acts or Regulations related to Fraud and Corruption, and
similar offences, shall apply with respect to Public Procurement Processes and Contracts that are
governed by the laws of Kenya.

Requirements

The Government of Kenya requires that all parties including Procuring Entities, Tenderers,
(applicants/proposers), Consultants, Contractors and Suppliers; any Sub-contractors, Sub-
consultants, Service providers or Suppliers; any Agents (whether declared or not); and any of
their Personnel, involved and engaged in procurement under Kenya's Laws and Regulation,
observe the highest standard of ethics during the procurement process, selection and contract
execution of all contracts ,and refrain from Fraud and Corruption and fully comply with Kenya's
laws and Regulations as per paragraphs 1.1 above.

Kenya's public procurement and asset disposal act (no.33 of 2015) under Section 66 describes
rules to be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive,
Collusive or Fraudulent practices, and Conflicts of Interest in procurement including consequences
for offences committed. A few of the provisions noted below highlight Kenya's policy of no
tolerance for such practices and behavior:

(1) A person to whom this Act applies shall not be involved in any corrupt, coercive,
obstructive, collusive or fraudulent practice; or conflicts of interest in any procurement or
asset disposal proceeding;

(2) A person referred to under sub section (1) who contravenes the provisions of that sub-section
commits an offence;

(3) Without limiting the generality of the subsection (1) and (2), the person shall be: -
a) disqualified from entering into a contract for a procurement or asset disposal proceeding; or
b) if a contract has already been entered into with the person, the contract shall be avoidable;

(4) The voiding of a contract by the procuring entity under subsection (7) does not limit any
legal remedy the procuring entity may have;

(5) An employee or agent of the procuring entity or a member of the Board or committee of
the procuring entity who has a conflict of interest with respect to a procurement—
i) Shall not take part in the procurement proceedings;
ii) shall not, after a procurement contract has been entered into, take part in any decision
relating to the procurement or contract; and
iii) Shall not be a sub-contractor for the tender to whom was awarded contract, or a
member of the group of tenderers to whom the contract was awarded, but the sub-
contractor appointed shall meet all the requirements of this Act.

(6) An employee, agent or member described in subsection (1) who refrains from doing
anything prohibited under that subsection, but for that subsection, would have been within
his or her duties shall disclose the conflict of interest to the procuring entity;

Page 32 of 103
(7) If a person contravenes sub section (1) with respect to a conflict of interest described in
subsection (5)(a) and the contract is awarded to the person or his relative or to another
person in whom one of them had a direct or indirect pecuniary interest, the contract shall
be terminated and all costs incurred by the public entity shall be made good by the
awarding officer.

(8) Incompliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:
a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:
i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii) “fraudulent practice” is any act or omission, including misrepresentation, that knowingly
Or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit
or to avoid an obligation;
iii) “collusive practice “is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv) “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
v) “obstructive practice” is:
i) deliberately destroying, falsifying, altering, or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede investigation by Public Procurement Regulatory Authority
(PPRA) or any other appropriate authority appointed by Government of Kenya
into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or
threatening, harassing, or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or
ii) Acts intended to materially impede the exercise of the PPRA's or the appointed
authority's inspection and audit rights provided for under paragraph 2.3e.
below.

b) Defines more specifically, in accordance with the above procurement Act provisions set
forth for fraudulent and collusive practices as follows:
"Fraudulent practice" includes a misrepresentation of fact in order to influence a
procurement or disposal process or the exercise of a contract to the detriment of the
procuring entity or the tenderer or the contractor, and includes collusive practices
amongst tenderers prior to or after tender submission designed to establish tender prices
at artificial non-competitive levels and to deprive the procuring entity of the benefits of
free and open competition.

c) Rejects a proposal or award1 of a contract if PPRA determines that the firm or

individual recommended for award, any of its personnel, or its agents, or its sub-
consultants, sub-contractors, service providers, suppliers and/ or their employees, has,
directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or debar or
recommend to appropriate authority (ies) for sanctioning and debarment of a firm or
individual, as applicable under the Acts and Regulations;

e) Requires that a clause be included in Tender documents and Request for Proposal
documents requiring (i) Tenderers (applicants/proposers),Consultants, Contractors, and
Page 33 of 103
 Suppliers and their Sub-contractors, Sub- consultants, Service providers, Suppliers, Agents
personnel, permit the PPRA or any other appropriate authority appointed by
Government of Kenya to inspect2all accounts, records and other documents relating to
the procurement process, selection and/or contract execution, and to have them
audited by auditors appointed by the PPRA or any other appropriate authority
appointed by Government of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along

with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the
procurement document declaring that they and all parties involved in the procurement
process and contract execution have not engaged/will not engage in any corrupt or
fraudulent practices.

1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without
limitation, (i) applying for pre-qualification, expressing interest in
A consultancy, and tendering, either directly or as a nominated sub-contractor, nominated
consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and(ii) entering into an addendum or amendment introducing a material
modification to any existing contract.
2 Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-
finding activities undertaken by the Investigating Authority or persons appointed by the Procuring
Entity to address specific matters related to investigations/audits, such as evaluating the veracity
of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such
activity includes but is not limited to: accessing and examining a firm's or individual's financial
records and information, and making copies thereof as relevant; accessing and examining any
other documents, data and information (whether in hard copy or electronic format) deemed
relevant for the investigation/audit, and making copies there of as relevant; interviewing staff and
other relevant individuals; performing physical inspections and site visits; and obtaining third
party verification of information.

Page 34 of 103
 3. FORM TECH-2: CONSULTANT'S ORGANIZATION AND EXPERIENCE

Form TECH-2: a brief description of the Consultant's organization and an outline of the recent
experience of the Consultant that is most relevant to the assignment. In the case of a joint
venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant's Key Experts and Sub-
consultants who participated, the duration of the assignment, the contract amount (total and, if it
was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant),
and the Consultant's role/involvement.

A - Consultant's Organization

Provide here a brief description of the background and organization of your company, and-in
case of a joint venture-of each member for this assignment.

B - Consultant's Experience

1. List only previous similar assignments successfully completed in the last [....................................]
years.

2. List only those assignments for which the Consultant was legally contracted by the Procuring
Entity as a company or was one of the joint venture partners. Assignments completed by
the Consultant's individual experts working privately or through other consulting firms
cannot be claimed as the relevant experience of the Consultant, or that of the Consultant's
partners or sub-consultants, but can be claimed by the Experts themselves in their
Curriculum Vitae (CV).

3. The Consultant shall substantiate their claimed experience by presenting copies of relevant
documents such as the form of contract (not the whole contract), purchase order, service
order, performance certificate, etc.; which shall be included in the proposal as part of Form
Tech 7 Mandatory Documentary Evidence.
Assignment name: Approx. value of the contract [KES, US$ etc.]:

Country: Duration of assignment (months):

Name of Procuring Entity: Total No of staff-months of the assignment:

Contact Address: Approx. value of the services provided by your firm under the
Email: contract:
Start date (month/year): No of professional staff-months provided by associated
Completion date: Consultants:
Role on Assignment: Name of senior professional staff of your firm involved and
(E.g. Lead Member in ABC JV, functions performed:
or Sole Consultant):
Narrative description of Assignment:
Description of actual services provided by your staff within the assignment:

Name of Consulting Firm: Name and Title of

Signatory:

Page 35 of 103
4. FORMTECH-3: COMMENTS AND SUGGESTIONS

Form TECH-3: The Consultant to provide comments and suggestions on the Terms of
Reference, counterpart staff and facilities to be provided by the Procuring Entity that could
improve the quality/effectiveness of the assignment; and on requirements for counterpart
staff and facilities, which are provided by the Procuring Entity, including: administrative
support, office space, local transportation, equipment, data, etc.

A - On the Terms of Reference

{Improvements to the Terms of Reference, if any}

B - On Counterpart Staff and Facilities

{Include comments on counterpart staff and facilities to be provided by the Procuring Entity. For
example, administrative support, office space, local transportation, equipment, data, background
reports, etc., if any}

3. FORMTECH-4: DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN

Form TECH-4: a description of the approach, methodology and work plan in responding to
the terms of reference for performing the assignment, including a detailed description of the
proposed methodology and staffing for training, if the Terms of Reference specify training as
a specific component of the assignment.

{The structure of your Technical Proposal:

a) Technical Approach and Methodology

b) Work Plan

c) Organization and Staffing}

i) Technical Approach and Methodology. {Please explain your understanding of the

objectives of the assignment as outlined in the Terms of Reference (TORs), the
technical approach, and the methodology you would adopt for implementing the
tasks to deliver the expected output(s), and the degree of detail of such output.
Please do not repeat/copy the TOR sin here.}

ii) Work Plan. {Please outline the plan for the implementation of the main
activities/tasks of the assignment, their content and duration, phasing and
interrelations, milestones (including interim approvals by the Procuring Entity), and
tentative delivery dates of their ports. The proposed work plan should be consistent
with the technical approach and methodology, showing your understanding of the
TOR and ability to translate them into a feasible working plan. A list of the final
documents (including reports) to be delivered as final output(s)should be included
here. The work plan should be consistent with the Work Schedule Form.}

iii) Organization and Staffing. {Please describe the structure and composition of your
team, including the list of the Key Experts, Non-Key Experts and relevant technical
and administrative support staff.}

Page 36 of 103
5. FORM TECH-5: WORK SCHEDULE AND PLANNING FOR DELIVERABLES
Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) .........................................
6) delivery of final report to
Procuring Entity}

D-2 {e.g., Deliverable #2:.............}

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the
Procuring Entity's approvals. For phased assignments, indicate the activities, delivery of reports, and benchmarks
separately for each phase.

Name

Title

Date

[Name, title and signature of authorized agent of Consultant and Date]

Page 37 of 98
6. FORMT ECH- 6A: TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS' INPUTS
Total time-input (in
Expert’s input (in person/month) per each Deliverable (listed in TECH-5)
N° Name Months)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS
{e.g., Mr. [Home] [2 [1.0] [1.0]
[Team
K-1 Abbbb} month]
Leader]
[Field] [0.5 m] [2.5] [0]
K-2

K-3

N
Subtotal
NON-KEY EXPERTS
[Home]
N-1
[Field]
N-2

N
Subtotal
Total
1.For Key Experts, the input should be indicated individually for the same positions as required under the ITC Data Sheet 21.2
2.Months are counted from the start of the assignment/mobilization. One (1) month equals twenty-two (22) working (billable) days. One
working (billable) day shall be not less than eight (8) working (billable) hours.
3“Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in Kenya, or outside the normal
residence of the Expert in Kenya or any other country outside the expert’s country of residence.

Full time input Part time input

Page 38 of 98
 7. FORM TECH-6B: CURRICULUM VITAE (CV)
Position Title and No. {e.g., K-1, Team Leader}
Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of Citizenship

Education: {List college/university or other specialized education, giving names of educational

institutions, dates attended, degree(s)/diploma(s) obtained}

Employment record relevant to the assignment: {Starting with present position, list in reverse
order. Please provide dates, name of employing organization, titles of positions held, types of
activities performed and location of the assignment, and contact information of previous
Procuring Entity's and employing organization(s) who can be contacted for references. Past
employment that is not relevant to the assignment does not need to be included.}

Period Employing organization and your Country Summary of activities

title/position. Contact Infor for performed relevant to the
references Assignment
[e.g., [e.g., Ministry of ……,
May advisor/consultant to…
2011-
present] For references: Tel…………/e-
mail……; Mr. Bbbbbb, deputy
manager]

Membership in Professional Associations and Publications:

Language Skills (indicate only languages in which you can work):

Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Reference to Prior Work/Assignments that Best

Team of Experts: Illustrates Capability to Handle the Assigned
Tasks
{List all deliverables/tasks as in TECH- 5 in
which the Expert will be involved)

Expert's contact information :(e-mail……………..............................…….

phone………....................................……)

Page 39 of 98
Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience, and I am available to undertake the assignment in
case of an award. I understand that any misstatement or misrepresentation described herein may
lead to my disqualification or dismissal by the Procuring Entity, and/or sanctions by the PPRA.

Name of Expert Signature Date

{day / month/year}

Name of authorized Signature. Date

Representative of the Consultant (the same who signs the Proposal

Page 40 of 98
8. FORMTECH-7: MANDATORY SUPPORT DOCUMENTS

[The Consultant shall use this form to submit all the required support documentary evidence as
required in the RFP, especially the mandatory and eligibility criteria specified in the Data Sheet ITC
21.1]

a) Certificate of Incorporation/Certificate of Registration

{Insert here a copy of certificate of incorporation or registration}

b) Tax Compliance Certificate

{Consultant to insert a copy of the tax compliance certificate from Kenya Revenue Authority
or similar body in the case of foreign consulting firms}

c) Practice License or Certificate for the Firm

{If required, Consultant to insert a copy of the firm's practice license or registration certificate
issued by the professional body specified under Data Sheet ITC 21.1}

d) Similar Consulting Assignments Experience

{Consultant to insert here copies of the form of contract, purchase order, service order, and
performance certificate or similar evidence of similar assignments carried out by the firm.
The assignments shall be the same as those provided under FORM TECH 2B}

e) Academic Certificates

{Consultant to insert copies of the required relevant academic certificates relevant to the
assignment for all the key experts}

f) Professional Certificates

{Consultant to insert copies of professional certificates and relevant short-term trainings to

demonstrate professional qualifications for all the key experts}

g) Professional Membership of Key Experts

{If applicable, Consultant to insert copies of professional membership certificate for its key
experts}

h) Certificate of Independent Proposal Determination

(The Form is available on Tech FORM TECH-1: TECHNICAL PROPOSAL SUBMISSION

FORM).

Page 41 of 98
9. FORM TECH - 8: SELF-DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE MATTER OF

THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015.

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

of
………………………………….. in the Republic of ……………………………. do hereby make a
statement as follows: -

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

Officer/Director of
………....……………………………….. (Insert name of the Company) who is a Bidder in
respect of Tender No.
…………………. for……………………. (Insert tender title/description) for…………………….
(Insert name of the Procuring entity) and duly authorized and competent to make this
statement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from
participating in procurement proceeding under Part IV of the Act.

3. THAT what is deponed to here in above is true to the best of my knowledge, information and
belief.

…………………………………. ……………………………………………………
(Title) (Signature) (Date)

Bidder Official Stamp

Page 42 of 98
10. FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY CORRUPT
OR FRAUDULENT PRACTICE.

I, .................................................................... of P. O.
Box.....................................................being a resident of
………………………………….. in the Republic of ………………. do hereby make a statement as
follows: -

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

of………....
………………………… (insert name of the Company) who is a Bidder in respect of Tender
No.
……………….......................................................….. for ……………………. (insert tender
title/description) for ……………......................................… (insert name of the Procuring
entity) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any
corrupt or fraudulent practice and has not been requested to pay any inducement to any
member of the Board, Management, Staff and/or employees and/ or agents
of……………………. (insert name of the Procuring entity) which is the procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any
inducement to any member of the Board, Management, Staff and/or employees and/or
agents of……………………. (name of the procuring entity).

4. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive practice with
other bidders participating in the subject tender.

5. THAT what is deponed to herein above is true to the best of my knowledge information and
belief.

…………………………………. ……………………………………………………
(Title) (Signature) (Date)

Bidder Official Stamp

Page 43 of 98
11. DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I …………………………....................................................................................………. (person) on
behalf of (Name
of the Business/ Company/Firm) …………………………………………………. declare that I have read
and fully understood the contents of the Public Procurement & Asset Disposal Act,2015, Regulations
and the Code of Ethics for persons participating in Public Procurement and Asset Disposal Activities in
Kenya and my responsibilities under the Code.

I do here by commit to abide by the provisions of the Code of Ethics for persons participating in
Public Procurement and Asset Disposal.

Name of Authorized
signatory......................................................................................................................

Sign…………...................................................................................................................................

Position……...................................................................................................................................

Office address……………………………………………….

Telephone…………………....……………. E-mail …………….......................................

Name of the Firm/Company……..........................................................................

Date…………………………………............................................................................

(Company Seal/ Rubber Stamp where applicable)

Witness

Name ………………………........................................................................

Sign…………………………………...........................................................................

Date……………………………………………………

Page 44 of 98
 12. TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one form for each entity if
Tender is a JV. Tenderer is further reminded that it is an offence to give false information on this
Form.

a) Tenderer's details

ITEM DESCRIPTION
1 Name of the Procuring Entity
2 Reference Number of the Tender
3 Date and Time of Tender Opening
4 Name of the Tenderer
5 Full Address and Contact Details of the 1. Country
Tenderer. 2. City
3. Location
4. Building
5. Floor
6. Postal Address
7. Name and email of contact person.
6 Current Trade License Registration Number
and Expiring date
7 Name, country and full address (postal and
physical addresses, email, and telephone
number) of Registering Body/Agency
8 Description of Nature of Business
9 Maximum value of business which the
Tenderer handles.
10 State if Tenders Company is listed in stock
exchange, give name and full address
(postal and physical addresses, email, and
telephone number) of

state which stock exchange

General and Specific Details

a) Sole Proprietor, provide the following details.

Name in full Age

Nationality Country of Origin

Citizenship

b) Partnership, provide the following details

Names of Partners Nationality Citizenship % Shares owned

1
2
3

Page 45 of 98
 c) Registered Company, provide the following details.

i) Private or public Company

ii) State the nominal and issued capital of the Company: -

Nominal Kenya Shillings (Equivalent)

Issued Kenya Shillings (Equivalent)

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares owned

1
2
3

d) DISCLOSURE OF INTEREST-Interest of the Firm in the Procuring Entity.

i) Are there any person/persons in.................................................( Name of

Procuring Entity) who has/have an interest or relationship in this firm?
Yes/No.................................................

If yes, provide details as follows.

Names of Person Designation in the Interest or Relationship

Procuring Entity with Tenderer
1
2
3

e) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of the

YES OR relationship with Tenderer
NO
1 Tenderer is directly or indirectly
controlled by or is under common
control with another tenderer.
2 Tenderer receives or has received any
direct or indirect subsidy from another
tenderer.
3 Tenderer has the same legal
representative as another tenderer
4 Tender has a relationship with another
tenderer, directly or through common
third parties, that puts it in a position to
influence the tender of another
tenderer, or influence the decisions of
the Procuring Entity regarding this
tendering process.

Page 46 of 98
 Type of Conflict Disclosure If YES provide details of the
YES OR relationship with Tenderer
NO
5 Any of the Tenderer’s affiliates
participated as a consultant in the
preparation of the design or technical
specifications of the works that are the
subject of the tender.
6 Tenderer would be providing goods,
works, non-consulting services or
consulting services during
implementation of the contract
specified in this Tender Document.
7 Tenderer has a close business or family
relationship with a professional staff of
the Procuring Entity who are directly
or indirectly involved in the
preparation of the Tender document
or specifications of the Contract,
and/or the Tender evaluation process
of such contract.
8 Tenderer has a close business or family
relationship with a professional staff of
the Procuring Entity who would be
involved in the implementation or
supervision of the such Contract.
9 Has the conflict stemming from such
relationship stated in item 7 and 8
above been resolved in a manner
acceptable to the Procuring Entity
throughout the tendering process and
execution of the Contract.

f) Certification

Name of Authorized
signatory......................................................................................................................

Sign…………...................................................................................................................................

Position……...................................................................................................................................

Office address……………………………………………….

Telephone…………………....……………. E-mail …………….......................................

Name of the Firm/Company……..........................................................................

Date…………………………………............................................................................

Page 47 of 98
FORM TECH - 9: TENDER-SECURING DECLARATION FORM {r 46 and 155(2)}

[The Bidder shall complete this Form in accordance with the instructions indicated]

Date: ................................................................................... [insert date (as day, month and year)

of Tender Submission]
Tender No.: ................................................................................... [insert number of tendering
process]
To: ...................................................................................[insert complete name of Purchaser]

I/We, the undersigned, declare that:

1. I / We understand that, according to your conditions, bids must be supported by a Tender-

Securing Declaration.

2. I /We accept that I/we will automatically be suspended from being eligible for tendering in
any contract with the Purchaser or the period of time of[insert number of months or years]
starting on[insert date],if we are in breach of our obligation (s)under the bid conditions,
because we–(a) have withdrawn our tender during the period of tender validity specified by
us in the Tendering Data Sheet; or (b) having been notified of the acceptance of our Bid by
the Purchaser during the period of bid validity,(i) fail or refuse to execute the Contract, if
required, or (ii) fail or refuse to furnish the Performance Security, in accordance with the
instructions to tenders.

3. I / We understand that this Tender Securing Declaration shall expire if we

are not the successful Tenderer (s), upon the earlier of:
a) Our receipt of a copy of your notification of the name of the successful Tenderer; or
b) Thirty days after the expiration of our Tender.

4. I/We understand that if I am /we are/in a Joint Venture, the Tender Securing Declaration
must be in the name of the Joint Venture that submits the bid, and the Joint Venture has not
been legally constituted at the time of bidding, the Tender Securing Declaration shall be in
the names of all future partners as named in the letter of intent.

Signed:

………………………………………………………………….……….

Capacity / title (director or partner or sole proprietor, etc.) …………….

Name: …………………………………………………….

Duly authorized to sign the bid for and on behalf of: .................................. [insert complete

name of Tenderer] Dated on …………………. day of …………….……. [Insert date of

signing]

Seal or stamp

Page 48 of 98
13. SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS

{Notes to Consultant shown in brackets {....} provide guidance to the Consultant to prepare the
Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form FIN-2 Summary of Costs

FIN-3 Breakdown of Remuneration FIN-4 Reimbursable expenses

Page 49 of 98
14. FORM FIN-1: FINANCIAL PROPOSAL SUBMISSION FORM

............................................................... {Location, Date}

To: ........................................................ [Name and address of Procuring Entity]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for.......................................... [ Insert
title of assignment]
in accordance with your Request for Proposal dated................................ [Insert Date] and our
Technical Proposal.

Our attached Financial Proposal is for the amount of............................................. { Indicate the
corresponding to the amount currency} {Insert amounts in words and figures}, including of all
taxes in accordance with ITC24.2 in the Data Sheet. The estimated amount of local taxes
is.......................... {Insert currency} {Insert amount in words and figures}.
{Please note that all amounts shall be the same as in Form FIN-2}.

Our Financial Proposal shall be valid and remain binding upon us, subject to the modifications
resulting from Contract negotiations, for the period of time specified in the ITC12.1 Datasheet.

We commit to provide to the procuring entity the Beneficial Ownership Information in

conformity with the Beneficial Ownership Disclosure Form upon receipt of notification of
intention to enter into a contract in the event we are the successful tenderer in this subject
procurement proceeding.

Commissions and gratuities paid or to be paid by us to an agent or any third party relating to
preparation or submission of this Proposal and Contract execution, paid if we are awarded the
Contract, are listed below:

Name and Address, Amount and Purpose of Commission of Agents, Currency or Gratuity

{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this Proposal
and Contract execution.”}

We understand you are not bound to accept any

Proposal you receive. We remain,
Yours sincerely,

Signature................... (of Consultant's authorized representative) {In full and initials}: Full
name: .................. {insert full name of authorized representative} Title: .................. {insert
title/ position of authorized representative}
Name of Consultant.................. (company's name or JV's name): Capacity: .................. {insert
the person's capacity to sign for the Consultant} Physical Address: .................. {insert the
authorized representative's address}
Phone: .................. {insert the authorized representative's phone and fax number, if applicable}
Email: .................. {insert the authorized representative's email address}

{For a joint venture, either all members shall sign or only the lead member/consultant, in
which case the power of attorney to sign on behalf of all members shall be attached}

Page 50 of 98
 15. FORM FIN-2: SUMMARY OF COSTS
Cost
{Consultant must state the proposed Costs in accordance with
ITC 16.4 of the Data Sheet; delete columns which are not used}
Item
{Insert {Insert {Insert {Insert
Foreign Foreign Foreign Local
Currency # 1} Currency # 2, Currency # 3, Currency, if
if used} if used} used and/or
Cost of the Financial Proposal
required (16.4
Including: Data Sheet}

(1) Remuneration
(2) Reimbursables
Subtotal [Remuneration +
Reimbursables]
Taxes:
{insert type of tax. e.g., VAT or
sales tax}
{e.g., withholding tax on experts’
remuneration}
{insert type of tax}

Total Taxes

Total Cost of the Financial

Proposal:
{Should match the amount in
Form FIN-1}

Page 51 of 98
 16. FORM FIN-3A: BREAKDOWN OF REMUNERATION

When used for Lump-Sum contract assignment, information to be provided in this Form shall
only be used to demonstrate the basis for the calculation of the Contract's ceiling amount; to
calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the
Consultant for possible additional services requested by the Procuring Entity. This Form shall not
be used as a basis for payments under Lump-Sum contracts.

A. Remuneration

No Position Time Input in {Local

Person-month {Currency {Currency {Currency#
(as in Person/Month Currency-
Name Remuneration # 1- as in # 2- as in 3- as in
TECH- (From TECH- as in FIN-
Rate FIN-2} FIN-2} FIN-2}
6) 6) 2}
Key
Experts

K-1 [Home]
[Field]
K-
2

Non-
Key
N- Experts
[Home]
1
N-
[Field]
2

Total Costs

Page 52 of 98
17. FORM FIN 3B: CONSULTANT'S REPRESENTATIONS REGARDING COSTS AND CHARGES

{This Form FIN 3B shall be used for Time-Based contracts only. If Lumpsum Contract is used, the
Procuring Entity shall delete the FORMFIN-3B, FORM FIN-3C and FORM FIN-3D from the RFP
before issuance to Consultants}
Consultant: ................................................................................ Country:
Assignment: ................................................................................ Date:

We hereby confirm that:

a) The basic fees indicated in the attached table are taken from the firm's pay roll records and
reflect the current rates of the Experts listed which have not been raised other than within
the normal annual pay increase policy as applied to all the Consultant's Experts;

b) attached are true copies of the latest pay slips of the Experts listed;

c) theaway-from-
homeofficeallowancesindicatedbelowarethosethattheConsultanthasagreedtopayforthis
assignment to the Experts listed;

d) the factors listed in the attached table for social charges and overhead are based on the
firm's average cost experiences for the latest three years as represented by the firm's financial
statements; and

e) said factors for overhead and social charges do not include any bonuses or other means of
profit-sharing.

....................................................................................................................................
[Name of Consultant]

Signature of Authorized Representative

Name: ..............................................................................................................

Title: ....................................................................................................................................

Date: ....................................................................................................................................

Page 53 of 98
18. FORM 3C: FORM FOR CONSULTANT'S REPRESENTATIONS REGARDING COSTS AND CHARGES
{This Form FIN 3C shall be used for Time-Based contracts only}

(Expressed in {insert name of currency*})

Personnel 1 2 3 4 5 6 7 8
Basic Remuneration Rate Social Away from Proposed Fixed Proposed Fixed Rate
Over
Name Position per Working Charges Subtotal Profit 2 Home Office Rate per Working per Working
head1
Month/Day/Year 1 Allowance Month/Day/Hour Month/Day/Hour1
Home Office

Procuring Entity’s
Country

{* If more than one currency is used, use additional table(s), one for each currency}
1. Expressed as percentage of 1
2. Expressed as percentage of 4

Page 54 of 98
19. FORM FIN 3D: BREAKDOWN OF REMUNERATION RATES [FOR TIME BASED
CONTRACTS ONLY]

1. Review of Remuneration Rates

1.1 The remuneration rates are made up of salary or abase fee, social costs, overheads, profit,
and any premium or allowance that may be paid for assignments away from headquarters
or a home office. Form FIN3 C can be used to provide a breakdown of rates.

1.2 The Form FIN 3C shall be completed and attached to the Financial Form-3. As agreed at the
negotiations, breakdown sheets shall form part of the negotiated Contract and included in
its Appendix D or C.

1.3 At the negotiations the firm shall be prepared to disclose its audited financial statements for
the last three years, to substantiate its rates, and accept that its proposed rates and other
financial matters are subject to scrutiny. The Procuring Entity is charged with the custody of
government funds and is expected to exercise prudence in the expenditure of these funds.

2 Rate details are discussed below:

(i) Salary is the gross regular cash salary or fee paid to the individual in the firm's home
office. It shall not contain any premium for work away from headquarters or bonus,
except where these are included by law or government regulations.
(ii) Bonuses are normally paid out of profits. To avoid double counting, any bonuses shall
not normally be included in the “Salary” and should be shown separately. Where the
Consultant's accounting system is such that the percentages of social costs and
overheads are based on total revenue, including bonuses, those percentages shall be
adjusted downward accordingly. Where national policy requires that 13 months' pay
be given for 12 months' work, the profit element need not be adjusted downward.
Any discussions on bonuses shall be supported by audited documentation, which shall
be treated as confidential.
(iii) Social Charges are the costs of non-monetary benefits and may include, inter alia,
social security (including pension, medical, and life insurance costs) and the cost of a
paid sick and/or annual leave. In this regard, a paid leave during public holidays or an
annual leave taken during an assignment if no Expert's replacement has been provided
is not considered social charges.
(iv) Cost of Leave The principles of calculating the cost of total days leave per annum as a
percentage of basic salary is normally calculated as follows:
Leave cost as percentage of salary =
Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.
Please note that leave can be considered as a social cost only if the Procuring Entity is
not charged for the leave taken.
(v) Overheads are the Consultant's business costs that are not directly related to the
execution of the assignment and shall not be reimbursed as separate items under the
Contract. Typical items are home office costs (non-billable time, time of senior
Consultant's staff monitoring the project, rent of headquarters' office, support staff,
research, staff training, marketing, etc.), the cost of Consultant's personnel not
currently employed on revenue-earning projects, taxes on business activities, and
business promotion costs. During negotiations, audited financial statements, certified as
correct by an independent auditor and supporting the last three years over heads, shall
be available for discussion, together with detailed lists of items making up the
overheads and the percentage by which each relates to basic salary. The Procuring
Entity does not accept an add-on margin for social charges, overhead expenses, etc.
Page 58 of 98
 for Experts who are not permanent employees of the Consultant. In such case, the
Consultant shall be entitled only to administrative costs and a fee on the monthly
payments charged for sub-contracted Experts.
(vi) Profit is normally based on the sum of the Salary, Social costs, and Overheads. If any
bonuses paid on a regular basis are listed, a corresponding reduction shall be made in
the profit amount. Profit shall not be allowed on travel or any other reimbursable
expenses.
(vii) Away from Home Office Allowance or Premium or Subsistence Allowances Some
Consultants pay allowances to Experts working away from headquarters or outside of
the home office. Such allowances are calculated as a percentage of salary (or a fee) and
shall not draw over heads or profit. Sometimes, by law, such allowances may draw
social costs. In this case, the amount of this social cost shall still be shown under social
costs, with the net allowance shown separately.

Page 59 of 98
 20. FORM FIN-4 BREAKDOWN OF REIMBURSABLE EXPENSES

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for
calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the
Consultant for possible additional services requested by the Procuring Entity. This form shall not be used as a basis for payments under Lump-
Sum contracts. This form shall be filled for Time-Based Contracts to form the basis of contract negotiations.

B. Reimbursable Expenses
{Local
Unit {Currency # 1- {Currency # 2- {Currency# 3-
N° Type of Reimbursable Expenses Unit Quantity Currency- as
Cost as in FIN-2} as in FIN-2} as in FIN-2}
in FIN-2}

{e.g., Per diem allowances**} {Day}

{e.g., International flights} {Ticket}

{e.g., In/out airport
{Trip}
transportation}
{e.g., Communication costs
between Insert place and Insert
place}
{e.g., reproduction of reports}
{e.g., Office rent}
....................................
{Training of the Procuring Entity’s
personnel – if required in TOR}
Total Costs

Legend:
“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Procuring
Entity can set up a ceiling.

Page 60 of 98
 SECTION 5. TERMS OF REFERENCE (ToR)

1. Background Information

The Green Climate Fund (GCF) is a global fund created to support the efforts of developing
countries to respond to the challenge of climate change. The GCF helps developing countries
limit or reduce their greenhouse gas (GHG) emissions and adapt to climate change. The Fund
was set up by the 194 countries who are parties to the United Nations Framework
Convention on Climate Change (UNFCCC) in 2010, as part of the Convention’s financial
mechanism. When the Paris Agreement was reached in 2015, the GCF was given an important
role in serving the Agreement and supporting the goal of keeping climate change well below 2
degrees Celsius.

The National Treasury and Planning is the National Designated Authority (NDA) to the GCF
for the Republic of Kenya. The main responsibilities of the NDA include to: nominate entities
seeking accreditation from the GCF, provide Letters of No Objection for funding proposals,
undertake institutional capacity building, stakeholder engagement frameworks, policy review
and alignment and creating a strategic framework of engagement with the Fund.

The GCF provides technical and financial support to NDAs through the Readiness and
Preparatory Support Programme. The Readiness Programme supports country-driven
initiatives to strengthen institutional capacities, governance mechanisms, and planning and
programming frameworks towards a transformational long-term climate action agenda.

The National Treasury and Planning received support for a GCF Readiness Project “Kenya
NDA Capacity Strengthening and Country Programming”. The main objective of the three-
year Project is to strengthen the National Treasury’s capacity as the NDA and support the
Country Programming process. The project will support the Government in strengthening
national and county level capacities to effectively and efficiently plan, access, manage, deploy
and monitor climate financing in particular through the GCF. The outcomes of the Project
include: Institutional capacity and coordination mechanisms strengthened; Country
Programming process enhanced; Direct access realized; and Climate finance strategies and
project pipeline strengthened.

To receive funding from the GCF, countries are required to develop a “Country Programme”.
A GCF Country Programme is a document that presents a country’s climate change priorities
with the GCF, including a pipeline of projects that the country would like to develop with the
Fund. It provides an action plan that details how projects and programmes are to be
developed, the type of entity to partner with, and the readiness and project preparation
support required. The Country Programme is expected to enhance a structured engagement
and prioritization of GCF activities such as proposal pipeline and nominations for
accreditation.

Further, in order to strengthen the operational efficiency, effectiveness and transparency in

operations GCF activities, there is need to develop a GCF Operation Manual for Kenya. The

Page 61 of 98
Operation Manual will provide a technical and practical guidance on the procedures to be
adopted during its operations on GCF in Kenya. The manual will be significant as a guide to
all GCF stakeholders in Kenya and help in effective coordination and ensure transparency in
operations to support prospective stakeholders. The manual will be aligned with the GCF
Programming Manual which aims to make project origination, development, appraisal,
approval and implementation processes more transparent and predictable, as well as to
simplify the process of accessing GCF resources.

As part of the GCF Readiness Programme’s support to the NDA of the Republic of Kenya, a
service of an individual consultant is sought to develop:
(i) Kenya GCF Country Programme 2024 -2027, and
(ii) GCF operational manual for Kenya

2. Objective(s) of the Assignment

The objectives of this assignment are to:

(a) develop a comprehensive Kenya GCF Country Programme to enhance the Republic of
Kenya’s capacity to engage with the GCF and effectively respond to local and national
climate change priorities in a strategic, coordinated and participatory manner.
(b) develop a GCF operational manual for Kenya that will guide on rules and procedures of
the Kenya’s NDA for its day-to-day operation, including decision-making process, criteria
with regard to funding and accreditation support decisions, institutional mechanism, and
other policies to strengthen its operational efficiency, effectiveness, and transparency.

3. Scope of the consulting services and specific tasks

The scope of assignment includes the development of a Kenya GCF Country Programme and a
GCF Operational Manual for Kenya that will facilitate a more focused approach for the
Republic of Kenya’s capacity to engage with the GCF and effectively respond to local and
national climate change priorities in a strategic, coordinated and participatory manner. The
consultant shall work closely with the Inter-Ministerial Technical Committee to support the
development of the Climate Finance Strategy.

The objectives of this Consulting services will be achieved through the following specific tasks:

Country Programme:
• Assess the climate coordination and consultation mechanisms at the national level;
• Review the national climate change and sectoral policies, plans, strategies and reports
to determine the country’s climate profile, vulnerabilities, and potential opportunities
to reduce emissions and build resilience;
• Define the adaptation and mitigation focus areas and priority mitigation and
adaptation activities to inform the Country Programme;
• Outline Kenya’s pipeline for the GCF through an inclusive stakeholder consultation
process;
• Map all the GCF Accredited Entities (AEs) which have presence in Kenya with their
respective GCF profiles/strategic areas of interest;

Page 62 of 98
 • Map all potential Direct Access Entities, Executing Entities (EEs) and Implementing
Entities (IEs) for GCF projects and programmes, and define a guideline for identification
through a transparent manner;
• Establish a Monitoring and Evaluation system for the Country Programme outlining the
technical procedure and guideline for revision and updating of the Country programme
and its related activities; and
• Conduct a final validation workshop to present, gather feedback and revise the
Country Programme accordingly.

Operational Manual
• Establishment of the No-objection procedure for funding proposals and Project
Preparation Facility applications;
• NDA inter-institutional coordination mechanism;
• Communication mechanism for engagement with the GCF by all stakeholders;
• Establishment of an accreditation nomination procedure;
• A thorough examination of the documents from the GCF, and best practices from other
countries on GCF coordination mechanisms; and
• Conduct a final validation workshop to present, gather feedback and revise the
Operation Manual accordingly.

4. Duration of Contract

The assignment shall be for a period of sixty working days from contract commencement
date.

5. Deliverables and Reporting requirements

The reporting requirements and timelines for deliverables are as shown in Table I below. The
Consultant shall submit Two (2) original hard copy together with soft copies of the reports
listed in Table I below on or before the scheduled dates to:
The Principal Secretary
The National Treasury
P.O. Box 30007-00100
NAIROBI
Attn: Head, Climate Finance & Green Economy Unit

Table I: Reporting requirements for the deliverables

S/No. Deliverables/Reports Timelines after contract Format of
commencement submission
Inception Report 7 days 2 hard copies and a
1. soft copy in PDF
First Drafts of the Country 20 days 2 hard copies and a
2. Programme and GCF soft copy in PDF
Operational Manual
Second Drafts of the Country 35 days 2 hard copies and a
3.

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 Programme and GCF soft copy in PDF
Operational Manual
Stakeholder Consultation and 50 days 2 hard copies and a
4. Validation Report soft copy in PDF
Final Validated Country 60 days 2 hard copies and a
5. Programme and GCF soft copy in PDF
Operational Manual

6. Payment schedule
The proposed payment schedules based on satisfactory performance of the contract which will
be negotiated with the successful consultant will be as presented in Table II below:

Table II: Proposed payment schedule

S/No. Deliverables Timelines after contract Percentage of the
commencement contract amount
1. Inception Report 7 days 30%
2. First Drafts of the Country Programme 20 days
and GCF Operational Manual
3. Second Drafts of the Country 35 days 30%
Programme and GCF Operational
Manual
4. Stakeholder Consultation and 50 days
Validation Report
5. Final Validated Country Programme 60 days 40%
and GCF Operational Manual

Upon submission of every report, the consultant is expected to make a presentation of the
submitted report to the Contract Implementation Team in a scheduled meeting. The
acceptance of the report shall be recorded in the minutes of the meeting.

7. Minimum requirements for Consultant’s qualifications and experience

Academic Qualifications:

i. Master’s degree in development studies, Environment Management, Economics,

Climate Change, Finance, Public Policy or related disciplines from a university
recognized in Kenya.

General Experience and Competencies:

i. At least 10 years of general experience in the Development Policy, Environment
Management, Economics and Public Policy,
ii. A minimum of 7 years of specific experience working in climate change, climate
finance, GCF.
iii. Previous work experience or engagements in at least Two (2) assignments of similar
nature.

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SECTION 6. CONDITIONS OF CONTRACT AND CONTRACT FORMS

Preface

1. This Section includes two types of standard contract forms for: A Lump-Sum Contract
and a Time-Based Contract. Each type includes General Conditions of Contract
(“GCC”) that shall not be modified, and Special Conditions of Contract (“SCC”). The
SCC includes clauses specific to each contract to supplement, but not over- write or
otherwise contradict, the General Conditions of Contract.

2. Lump-Sum Contract. This type of contract is used mainly for assignments in which the
scope and the duration of the Services and the required output of the Consultant are
clearly defined. Payments are linked to outputs (deliverables) such as draft or final
reports, drawings, bill of quantities, bidding documents, or software programs. Lump-
sum contracts are easier to administer because they operate on the principle of a fixed
price for a fixed scope, and payments are due on clearly specified out puts and
milestones. Never the less, quality control of the Consultant's outputs by the Procuring
Entity s paramount.

3. Time-Based Contract. This type of contract is appropriate when it is difficult to define

or fix the scope and the duration of the services, either because they are related to
activities carried out by others for which the completion period may vary, or because
the input of the consultants required for attaining the objectives of the assignment is
difficult to assess. In time-based contracts the Consultant provides services on a timed
basis according to quality specifications, and Consultant's remuneration is determined
on the basis of the time actually spent by the Consultant in carrying out the Services
and is based on (i) agreed upon unit rates for the Consultant's experts multiplied by
the actual time spent by the experts in executing the assignment, and (ii) reimbursable
expenses using actual expenses and/or agreed unit prices. This type of contract requires
the Procuring Entity to closely supervise the Consultant and to be involved in the daily
execution of the assignment.

4. The templates are designed for use in assignments with consulting firms and shall not
be used for contracting of individual experts. In some consultancy assignments such as
design and construction supervision, both Lump- Sum and Time-Based Contracts are
used and signed with the Consultant. In that case, the Lump-Sum Contract would
apply for the design part of the Services while the construction supervision part would
be based on a Time- Based Contract. In such event, both types of contracts shall be
signed at the same time.

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CONTRACT FOR CONSULTANT'S SERVICES

Lump-Sum Contract

Consulting Services

for:

Contract No.:

Contract Description:

Between

[Name of the Procuring

Entity]

and

[Name of the Consultant]

Date:

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FORM OF CONTRACT - LUMP-SUM

(Text in brackets [ ] is optional; all notes should be deleted in the final text)

This CONTRACT (herein after called the “Contract”) is made the [number] day of the month of
[month], [year], between, on the one hand, [name of Procuring Entity] (herein after called the
“Procuring Entity”) and, on the other hand, [name of Consultant] (herein after called the
“Consultant”).

[If the Consultant consists of more than one entity, the above should be partially amended to
read as follows: “… (hereinafter called the “Procuring Entity”) and, on the other hand, a Joint
Venture (name of the JV) consisting of the following entities, each member of which will be
jointly and severally liable to the Procuring Entity for all the Consultant's obligations under this
Contract, namely, [name of member]and [name of member] (herein after called the
“Consultant”).]

WHEREAS
a) The Procuring Entity has requested the Consultant to provide certain consulting services as
defined in this Contract (herein after called the “Services”);
b) the Consultant, having represented to the Procuring Entity that it has the required
professional skills, expertise and technical resources, has agreed to provide the Services on
the terms and conditions set forth in this Contract;
c) the Procuring Entity has set aside a budget and funds toward the cost of the Services and
intends to apply a portion of these funds towards payments under this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached here to shall be deemed to form an integral part of this
Contract:
a) The General Conditions of Contract;
b) The Special Conditions of Contract;
c) Appendices:
• Appendix A: Terms of Reference
• Appendix B: Key Experts
• Appendix C: Breakdown of Contract Price
• Appendix D: Form of Advance Payments Guarantee

In the event of any inconsistency between the documents, the following order of
precedence shall prevail: The Special Conditions of Contract; the General Conditions of
Contract; Appendix A; Appendix B; Appendix C; Appendix D. Any reference to this
Contract shall include, where the context permits, a reference to its Appendices.

2. The mutual rights and obligations of the Procuring Entity and the Consultant shall be asset
for thin the Contract, in particular:
a) The Consultant shall carryout the Services in accordance with the provisions of the
Contract; and
b) the Procuring Entity shall make payments to the Consultant in accordance with the
provisions of the Contract.

IN WITNESS WHERE OF, the Parties here to 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 Procuring Entity] [Authorized
Representative of the Procuring Entity–name, title and signature] For and on behalf
of............................................. [Name of Consultant or Name of a Joint Venture] [Authorized
Representative of the Consultant–name and signature]
[Note: For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached.]
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For and on behalf of each of the members of the Consultant.......................... [Insert the Name of
the Joint Venture] [Name of the lead member]
[Authorized Representative on behalf of a Joint Venture] [Add signature blocks for each
member if all are signing]

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SECTION 7: GENERAL CONDITIONS OF CONTRACT

A. General Provisions

1. Definitions

1.1 Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:

a) “Applicable Law” means the laws and any other instruments having the force of law in
Kenya.

b) “Consultant” means a legally-established professional consulting firm or entity selected

by the Procuring Entity to provide the Services under the signed Contract.

c) “Contract” means the legally binding written agreement signed between the Procuring
Entity and the Consultant and which includes all the attached documents listed in its
paragraph1of the Form of Contract (the General Conditions (GCC), the Special
Conditions (SCC), and the Appendices).

d) “Procuring Entity” means the Procuring Entity that signs the Contract for the Services
with the selected Consultant.

e) “Day” means a working day unless indicated otherwise.

f) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GCC 11.

g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of
the Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform
the Services or any part thereof under the Contract.

h) “Foreign Currency” means any currency other than the currency of Kenya.

i) “GCC” mean these General Conditions of Contract.

j) “Government” means the government of Kenya.

k) “Joint Venture (JV)” means an association with or without a legal personality distinct
from that of its members, of more than one entity where one member has the authority
to conduct all businesses for and on behalf of any and all the members of the JV, and
where the members of the JV are jointly and severally liable to the Procuring Entity for
the performance of the Contract.

l) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge

and experience are critical to the performance of the Services under the Contract and
whose Curricula Vitae (CV)was taken into account in the technical evaluation of the
Consultant's proposal.

m) “Local Currency” means the Kenya Shillings, the currency of Kenya.

n) “Non-Key Expert(s)” means an individual professional provided by the Consultant or its

Sub-consultant to perform the Services or any part here of under the Contract.

o) “Party” means the Procuring Entity or the Consultant, as the case may be, and “Parties”
means both of them.

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 p) “SCC” means the Special Conditions of Contract by which the GCC may be amended or
supplemented but not over-written.

q) “Services” means the work to be performed by the Consultant pursuant to this

Contract, as described in Appendix A hereto.

r) “Sub-consultants” means an entity to whom/which the Consultant subcontracts any part

of the Services while remaining solely liable for the execution of the Contract.
(t) “Third Party “means any person or entity other than the Government, the Procuring
Entity, the Consultant or a Sub-consultant.

2. Relationship between the Parties

2.1 Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between the Procuring Entity and the Consultant. The
Consultant, subject to this Contract, has complete charge of the Experts and Sub-consultants, if
any, performing the Services and shall be fully responsible for the Services performed by them
or on their behalf hereunder.

3. Law Governing Contract

2.2 This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Laws of Kenya.

4. Language

4.1 This Contract has been executed in the English language, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
Contract.

5. Headings

5.1 The headings shall not limit, alter or affect the meaning of this Contract.

6. Communications

6.1 Any communication required or permitted to be given or made pursuant to this Contract
shall be in writing in the English Language. Any such notice, request or consent shall be
deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent to such
Party at the address specified in the SCC.

6.2 A Party may change its address for notice here under by giving the other Party any
communication of such change to the address specified in the SCC.

7 Location

7.1 The Services shall be performed at such locations as are specified in Appendix A hereto and,
where the location of a particular task is not so specified, at such locations, whether in
Kenya or elsewhere, as the Procuring Entity may approve.

8 Authority of Member in Charge

8.1 In case the Consultant is a Joint Venture, the members hereby authorize them ember
specified in the SCC to act on their behalf in exercising all the Consultant's rights and
obligations towards the Procuring Entity under this Contract, including without limitation
the receiving of instructions and payments from the Procuring Entity.

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9 Authorized Representatives

9.1 Any action required or permitted to be taken, and any document required or permitted to
be executed under this Contract by the Procuring Entity or the Consultant may be taken or
executed by the officials specified in the SCC.

10 Corrupt and Fraudulent Practices

10.1 The government requires compliance with its policy regarding corrupt and
fraudulent/prohibited practices as set forth in its laws and policies.

10.2 Commissions and Fees-The Procuring Entity requires the Consultant to disclose any
commissions, gratuities or fees that may have been paid or are to be paid to agents or any
other party with respect to the selection process or execution of the Contract. The
information disclosed must include at least the name and address of the agent or other
party, the amount and currency, and the purpose of the commission, gratuity or fee. Failure
to disclose such commissions, gratuities or fees may result in termination of the Contract by
the Procuring Entity and/or sanctions by the PPRA.

B. Commencement, Completion, Modification and Termination of Contract

11 Effectiveness of Contract

11.1 This Contract shall come into force and effect on the date (the “Effective Date”) of the
Procuring Entity's notice to the Consultant instructing the Consultant to begin carrying out
the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the
SCC have been met.

12 Termination of Contract for Failure to Become Effective

12.1 If this Contract has not become effective within such time period after the date of Contract
signature as specified in the SCC, either Party may, by not less than twenty-two (22) days
written notice to the other Party, declare this Contract to be null and void, and in the event
of such a declaration by either Party, neither Party shall have any claim against the other
Party with respect there to.

13 Commencement of Services

13.1 The Consultant shall confirm availability of Key Experts and begins carrying out the Services
not later than the number of days after the Effective Date specified in the SCC.

14 Expiration of Contract

14.1 Unless terminated earlier pursuant to Clause GCC19hereof, this Contract shall expire at the
end of such time period after the Effective Date as specified in the SCC.

15 Entire Agreement

15.1 This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority to make, and the Parties shall not be
bound by or be liable for, any statement, representation, promise or agreement not set
forth herein.

16 Modifications or Variations

16.1 Any modification or variation of the terms and conditions of this Contract, including any
modification or variation of the scope of the Services, may only be made by written
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 agreement between the Parties. However, each Party shall give due consideration to any
proposals for modification or variation made by the other Party.

17 Force Majeure

a. Definition

17.1 For the purposes of this Contract,“ Force Majeure” means event which is beyond the
reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party's
performance of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible under the circumstances, and subject to those requirements, includes,
but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or
other adverse weather conditions, strikes, lockouts or other industrial action confiscation or
any other action by Government agencies.

17.2 Force Majeure shall not include (i) any event which his caused by the negligence or
intentional action of a Party or such Party's Experts, Sub-consultants or agents or employees,
nor (ii) any event which a diligent Party could reasonably have been expected to both take
into account at the time of the conclusion of this Contract and avoid or over come in the
carrying out of its obligations here under.

17.3 Force Majeure shall not include insufficiency of funds or failure to make any payment
required here under.

b. No Breach of Contract

17.4 The failure of a Party to fulfill any of its obligations here under shall not be considered to be
a breach of, or default under, this Contract in so far as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Contract.

c. Measures to be taken

17.5 A party affected by an event of Force Majeure shall continue to perform its obligations
under the Contract as far as is reasonably practical and shall take all reasonable measures to
minimize the consequences of any event of Force Majeure.

17.6 A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any case not later than fourteen (14) calendar days following the
occurrence of such event, providing evidence of the nature and cause of such event, and
shall similarly give written notice of the restoration of normal conditions as soon as
possible.

a) 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.

b) During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultant, upon instructions by the Procuring Entity, shall either:
c) demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Procuring Entity, in
reactivating the Services; or
d) Continue with the Services to the extent reasonably possible, in which case the
Consultant shall continue to be paid under the terms of this Contract and be reimbursed
or additional costs reasonably and necessarily incurred.
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17.7 In the case of disagreement between the Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to Clauses GCC 44 & 45.

18 Suspension

18.1 The Procuring Entity may, by written notice of suspension to the Consultant, suspend all
payments to the Consultant here under if the Consultant fails to perform any of its
obligations under this Contract, including the carrying out of the Services, provided that such
notice of suspension (i)shall specify the nature of the failure, and (ii) Shall request the
Consultant to remedy such failure within a period not exceeding thirty (30) calendar days
after receipt by the Consultant of such notice of suspension.

19 Termination

19.1 This Contract may be terminated by either Party as per provisions set up below:

a. By the Procuring Entity

19.1.1 The Procuring Entity may terminate this Contract in case of the occurrence of any of the
events specified in paragraphs (a) through (f) of this Clause. In such an occurrence, the
Procuring Entity shall give at least thirty (30) calendar days' written notice of termination to
the Consultant in case of the events referred to in(a)through(d); at least sixty (60) calendar
days' written notice in case of the event referred to in (e); and at least five (5) calendar days
'written notice in case of the event referred to in (f):
a If the Consultant fails to remedy a failure in the performance of its obligations here
under, as specified in a notice of suspension pursuant to Clause GCC 18;
b If the Consultant becomes (or, if the Consultant consists of more than one entity, if any
of its members becomes) insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go
in to liquidation or receivership whether compulsory or voluntary;
c If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GCC 45.1;
d If, as the 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) calendar days;
e If the Procuring Entity, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract;
f If the Consultant fails to confirm availability of Key Experts as required in Clause GCC13.

19.1.2 Furthermore, if the Procuring Entity determines that the Consultant has engaged in
corrupt, fraudulent, collusive, coercive [or obstructive] practices, in competing for or in
executing the Contract, then the Procuring Entity may, after giving fourteen (14) calendar
days written notice to the Consultant, terminate the Consultant's employment under the
Contract.

b. By the Consultant

a) The Consultant may terminate this Contract, by not less than thirty (30) calendar days'
written notice to the Procuring Entity, in case of the occurrence of any of the events
specified in paragraphs(a)through(d)of this Clause.
b) If the Procuring Entity fails to pay any money due to the Consultant pursuant to this
Contract and not subject to dispute pursuant to Clause GCC45.1withinforty-five (45)
calendar days after receiving written notice from the Consultant that such payment is
overdue.
c) If, as the result of Force Majeure, the Consultant is unable to perform a material
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 portion of the Services for a period of not less than sixty (60) calendar days.
d) If the Procuring Entity fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GCC45.1.
e) If the Procuring Entity is in material breach of its obligations pursuant to this Contract
and has not remedied the same within forty-five (45) days (or such longer period as
the Consultant may have subsequently approved in writing) following the receipt by
the Procuring Entity of the Consultant's notice specifying such breach.

c. Cessation of Rights and Obligations

19.1.4 Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof, or upon
expiration of this Contract pursuant to Clause GCC14, all rights and obligations of the
Parties here under shall cease, except (i) such rights and obligations as may have accrued on
the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause
GCC22, (iii) the Consultant's obligation to permit in section, copying and auditing of their
accounts and records set forth in Clause GCC25, and (iv) any right which a Party may have
under the Applicable Law.

d. Cessation of Services

19.1.5. Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GCC 19a or GCC 19b, the Consultant shall immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultant and equipment and
materials furnished by the Procuring Entity, the Consultant shall proceed as provided,
respectively, by Clauses GCC27or GCC28.

e. Payment up on Termination

19.1.6 Up on termination of this Contract, the Procuring Entity shall make the following
payments to the Consultant:
a) Payment or Services satisfactorily performed prior to the effective date of termination;
and
b) In the case of termination pursuant to paragraphs (d) and (e) of Clause GCC 19.1.1,
reimbursement of any reasonable cost incidental to the prompt and orderly
termination of this Contract, including the cost of the return travel of the Experts.

C. Obligation s of the Consultant

16. General

a. Standard of Performance

20.1 The Consultant shall perform the Services and carry out the Services with all due diligence,
efficiency and economy, in accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and employ appropriate
technology and safe and effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to this Contract or to the
Services, as a faithful adviser to the Procuring Entity, and shall at all times support and
safeguard the Procuring Entity's legitimate interests in any dealings with the third parties.

20.2 The Consultant shall employandprovidesuchqualifiedandexperiencedExpertsandSub-

consultants as are required to carry out the Services.

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20.3 The Consultant may subcontract part of the Services to an extent and with such Key
Experts and Sub- consultants as may be approved in advance by the Procuring Entity.
Notwithstanding such approval, the Consultant shall retain full responsibility for the
Services.

b. Law Applicable to Services

20.4. The Consultant shall perform the Services in accordance with the Contract and the
Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-
consultants, comply with the Applicable Law.

20.5 Throughout the execution of the Contract, the Consultant shall comply with the import of
goods and services prohibitions in Kenya when
a As a matter of law or official regulations, Kenya prohibits commercial relations with that
country; or
b by an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, Kenya prohibits any import of
goods from that country or any payments to any country, person, or entity in that
country.

20.6. The Procuring Entity shall notify the Consultant in writing of relevant local customs,
and the Consultant shall, after such notification, respect such customs.

21 Conflict of Interests

21.1 The Consultant shall hold the Procuring Entity's interest paramount, without any
consideration for future work, and strictly avoid conflict with other assignments or their
own corporate interests.

a. Consultant Not to Benefit from Commissions, Discounts, etc.

21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC 38 through 42) shall
constitute the Consultant's only payment in connection with this Contract and, subject to
Clause GCC21.1.3,the Consultant shall not accept for its own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this Contract or in the
discharge of its obligations here under, and the Consultant shall use its best efforts to ensure
that any Sub-consultants, as well as the Experts and agents of either of them, similarly shall
not receive any such additional payment.

21.1.2 Furthermore, if the Consultant, as part of the Services, has the responsibility of advising
the Procuring Entity on the procurement of goods, works or services, the Consultant shall at
all times exercise such responsibility in the best interest of the Procuring Entity. Any
discounts or commissions obtained by the Consultant in the exercise of such procurement
responsibility shall be for the account of the Procuring Entity.

b. Consultant and Affiliates Not to Engage in Certain Activities

21.1.3 The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant, as well as any Sub-consultants and
any entity affiliated with such Sub- consultants, shall be disqualified from providing goods,
works or non-consulting services resulting from or directly related to the Consultant's
Services for the preparation or implementation of the project.

c. Prohibition of Conflicting Activities

21.1.4 The Consultant shall not engage and shall cause its Experts as well as its Sub-consultants
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 not to engage, either directly or indirectly, in any business or professional activities that
would conflict with the activities assigned to them under this Contract.

d. Strict Duty to Disclose Conflicting Activities

21.1.5 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants shall
have an obligation to disclose any situation of actual or potential conflict that impacts their
capacity to serve the best interest of their Procuring Entity, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract.

22 Confidentiality

22.1 Except with the prior written consent of the Procuring Entity, the Consultant and the
Experts shall not at any time communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall the Consultant and the Experts
make public the recommendations formulated in the course of, or because of, the Services.

23 Liability of the Consultant

23.1 Subject to additional provisions, if any, set for in the SCC, the Consultant's liability under
this Contract shall be as determined under the Applicable Law.

24 Insurance to be taken out by the Consultant

24.1 The Consultant (i) shall take out and maintain and shall cause any Sub-consultants to take
out and maintain, at its (or the Sub-consultants', as the case may be) own cost but on terms
and conditions approved by the Procuring Entity, insurance against the risks, and for the
coverage specified in the SCC, and (ii) at the Procuring Entity's request, shall provide
evidence to the Procuring Entity showing that such insurance has been taken out and
maintained and that the current premiums therefore have been paid. The Consultant shall
ensure that such insurance is in place prior to commencing the Services as stated in Clause
GCC13.

25 Accounting, Inspection and Auditing

25.1 The Consultant shall keep and shall make all reasonable efforts to cause its Sub-consultants
to keep, accurate and systematic accounts and records in respect of the Services and in such
form and detail as will clearly identify relevant time changes and costs.

25.2 The Consultant shall permit and shall cause its Sub-consultants to permit, the PPRA and/ or
persons appointed by the PPRA to inspect the Site and /or all accounts and records relating
to the performance of the Contract and the submission of the Proposal to provide the
Services, and to have such accounts and records audited by auditors appointed by the PPRA
if requested by the PPRA. The Consultant's attention is drawn to Clause GCC10 which
provides, interlaid, that acts intended to materially impede the exercise of the PPRA's
inspection and audit rights provided for under this ClauseGCC25.2 constitute a prohibited
practice subject to contract termination (as well as to a determination of in eligibility under
the PPRA's prevailing sanctions procedures.)

26 Reporting Obligations

26.1 The Consultant shall submit to the Procuring Entity the reports and documents specified in
Appendix A, in the form, in the numbers and within the time periods set forth in the said
Appendix.

27 Proprietary Rights of the Procuring Entity in Reports and Records

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27.1 Unless otherwise indicated in the SCC, all reports and relevant data and information such as
maps, diagrams, plans, databases, other documents and software, supporting records or
material compiled or prepared by the Consultant for the Procuring Entity in the course of
the Services shall be confidential and become and remain the absolute property of the
Procuring Entity. The Consultant shall, not later than upon termination or expiration of this
Contract, deliver all such documents to the Procuring Entity, together with a detailed
inventory thereof. The Consultant may retain a copy of such documents, data and/or
software but shall not use the same for purposes unrelated to this Contract without prior
written approval of the Procuring Entity.

27.2 If license agreements are necessary or appropriate between the Consultant and third parties
for purposes of development of the plans, drawings, specifications, designs, databases, other
documents and software, the Consultant shall obtain the Procuring Entity's prior written
approval to such agreements, and the Procuring Entity shall be entitled at its discretion to
require recovering the expenses related to the development of the program(s) concerned.
Other restrictions about the future use of these documents and software, if any, shall be
specified in the SCC.

28 Equipment, Vehicles and Materials

28.1 Equipment, vehicles and materials made available to the Consultant by the Procuring Entity
or purchased by the Consultant wholly or partly with funds provided by the Procuring
Entity, shall be the property of the Procuring Entity and shall be marked accordingly. Upon
termination or expiration of this Contract, the Consultant shall make available to the
Procuring Entity an inventory of such equipment, vehicles and materials and shall dispose of
such equipment, vehicles and materials in accordance with the Procuring Entity's
instructions. While in possession of such equipment, vehicles and materials, the Consultant,
unless otherwise instructed by the Procuring Entity in writing, shall insure them at the
expense of the Procuring Entity in an amount equal to their full replacement value.

28.2 Any equipment or materials brought by the Consultant or its Experts into Kenya for the use
either for the project or personal use shall remain the property of the Consultant or the
Experts concerned, as applicable.

D. Consultant's Experts and Sub-consultants

29 Description of Key Experts

29.1 The title, agreed job description, minimum qualification and estimated period of
engagement to carry out the Services of each of the Consultant's Key Experts are described
in Appendix B.

30 Replacement of Key Experts

30.1 Except as the Procuring Entity may otherwise agree in writing, no changes shall be made in
the Key Experts.

30.2 Notwithstanding the above, the substitution of Key Experts during Contract execution may
be considered only based on the Consultant's written request and due to circumstances
outside the reasonable control of the Consultant, including but not limited to death or
medical in capacity. In such case, the Consultant shall forth with provide as a replacement, a
person of equivalent or better qualifications and experience, and at the same rate of
remuneration.

31 Removal of Experts or Sub-consultants

31.1 If the Procuring Entity finds that any of the Experts or Sub-consultant has committed serious
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 misconduct or has been charged with having committed a criminal action, or shall the
Procuring Entity determine that Consultant's Expert of Sub consultant have engaged in
corrupt, fraudulent, collusive, coercive [or obstructive] practice while performing the
Services, the Consultant shall, at the Procuring Entity's written request, provide a
replacement.

31.2 In the event that any of Key Experts, Non-Key Experts or Sub-consultants is found by the
Procuring Entity to be in competent or in capable in discharging assigned duties, the
Procuring Entity, specifying the grounds therefore, may request the Consultant to provide a
replacement.

31.3 Any replacement of the removed Experts or Sub consultants shall possess better
qualifications and experience and shall be acceptable to the Procuring Entity.

31.4 The Consultant shall bear all costs arising out of or incidental to any removal and/or
replacement of such Experts.

E. Obligations of the Procuring Entity

32 Assistance and Exemptions

32.1 Unless otherwise specified in the SCC, the Procuring Entity shall use its best efforts to:
a Assist the Consultant with obtaining work permits and such other documents as shall
be necessary to enable the Consultant to perform the Services.
b Assist the Consultant with promptly obtaining, for the Experts and, if appropriate,
their eligible dependents, all necessary entry and exit visas, residence permits, exchange
permits and any other documents required for their stay in Kenya while carrying out the
Services under the Contract.
c FacilitatepromptclearancethroughcustomsofanypropertyrequiredfortheServicesandofth
epersonal effects of the Expert sand their eligible dependents.
d Issue to officials, agents and representatives of the Government all such instructions
and information as may be necessary or appropriate for the prompt and effective
implementation of the Services.
e Assist the Consultant and the Experts and any Sub-consultants employed by the
Consultant for the Services with obtaining exemption from any requirement to register
or obtain any permit to practice their profession or to establish themselves either
individually or as a corporate entity in Kenya according to the applicable law in Kenya
f Assist the Consultant, any Sub-consultants and the Experts of either of them with
obtaining the privilege, pursuant to the applicable law in Kenya, of bringing in to Kenya
reasonable amounts of foreign currency for the purposes of the Services or for the
personal use of the Experts and of withdrawing any such amounts as may be earned
therein by the Experts in the execution of the Services.
g Provide to the Consultant any such other assistance as may be specified in the SCC.

33 Access to Project Site

33.1 The Procuring Entity warrants that the Consultant shall have, free of charge, unimpeded
access to the project site in respect of which access is required for the performance of the
Services. The Procuring Entity will be responsible for any damage to the project site or any
property thereon resulting from such access and will indemnify the Consultant and each of
the experts in respect of liability for any such damage, unless such damage is caused by the
willful default or negligence of the Consultant or any Sub-consultants or the Experts of
either of them.

34 Change in the Applicable Law Related to Taxes and Duties

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34.1 If, after the date of this Contract, there is any change in the applicable law in Kenya with
respect to taxes and duties which increases or decreases the cost incurred by the Consultant
in performing the Services, 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 hereto, and corresponding adjustments shall be made to the
Contract price amount specified in Clause GCC 39.1

35 Services, Facilities and Property of the Procuring Entity

35.1 The Procuring Entity shall make available to the Consultant and the Experts, for the
purposes of the Services and free of any charge, the services, facilities and property
described in the Terms of Reference (Appendix A) at the times and in the manner specified
in said Appendix A.

36 Counterpart Personnel

36.1 The Procuring Entity shall make available to the Consultant free of charge such professional
and support counterpart personnel, to be nominated by the Procuring Entity with the
Consultant's advice, if specified in Appendix A.

36.2 Professional and support counterpart personnel, excluding Procuring Entity's liaison
personnel, shall work under the exclusive direction of the Consultant. If any member of the
counterpart personnel fails to perform adequately any work as signed to such member by
the Consultant that is consistent with the position occupied by such member, the Consultant
may request the replacement of such member, and the Procuring Entity shall not
unreasonably refuse to act upon such request.

37 Payment Obligation

37.1 In consideration of the Services performed by the Consultant under this Contract, the
Procuring Entity shall make such payments to the Consultant for the deliverables specified in
Appendix A and in such manner as is provided by GCCF below.

F. Payments to the Consultant

38 Contract Price

38.1 The Contract price is fixed and is set forth in the SCC. The Contract price breakdown is
provided in Appendix C.

38.2 Any change to the Contract price specified in Clause 38.1 can be made only if the Parties
have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended
in writing the Terms of Reference in Appendix A.

39 Taxes and Duties

39.1 The Consultant, Sub-consultants and Experts are responsible for meeting any and all tax
liabilities arising out of the Contract unless it is stated otherwise in the SCC. Currency of
Payment

39.2 Any payment under this Contract shall be made in the currency (ies) of the Contract.

40 Mode of Billing and Payment

40.1 The total payments under this Contract shall not exceed the Contract price set forth in
Clause GCC 38.1.

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40.2 The payments under this Contract shall be made in lump-sum installments against
deliverables specified in Appendix A. The payments will be made according to the payment
schedule stated in the SCC.

40.2.1 Advance payment: Unless otherwise indicated in the SCC, an advance payment shall be
made against an advance payment bank guarantee acceptable to the Procuring Entity in an
amount (or amounts) and in a currency (or currencies) specified in the SCC. Such guarantee
(I) is to remain effective until the advance payment has been fully set off, and (ii) is to be in
the form set forth in Appendix D, or in such other form as the Procuring Entity shall have
approved in writing. The advance payments will be set off by the Procuring Entity in equal
portions against the lump-sum installments specified in the SCC until said advance payments
have been fully set off.

40.2.2 The Lump-Sum Installment Payments. The Procuring Entity shall pay the Consultant
within sixty (60) days after the receipt by the Procuring Entity of the deliverable(s) and the
cover invoice for the related lump-sum installment payment. The payment can be withheld
if the Procuring Entity does not approve the submitted deliverable(s) as satisfactory in which
case the Procuring Entity shall provide comments to the Consultant within the same sixty
(60) days period. The Consultant shall thereupon promptly make any necessary corrections,
and there after the fore going process shall be repeated.

40.2.3 The Final Payment: The final payment under this Clause shall be made only after the
final report has been submitted by the Consultant and approved as satisfactory by the
Procuring Entity. The Services shall then be deemed completed and finally accepted by the
Procuring Entity. The last lump-sum installment shall be deemed approved for payment by
the Procuring Entity within ninety (90) calendar days after receipt of the final report by the
Procuring Entity unless the Procuring Entity, within such ninety (90) calendar day period,
gives written notice to the Consultant specifying in detail deficiencies in the Services, the
final report. The Consultant shall thereupon promptly make any necessary corrections, and
there after the fore going process shall be repeated.

40.2.4 All payments under this Contract shall be made to the accounts of the Consultant
specified in the SCC.

40.2.5 With the exception of the final payment under 40.2.3 above, payments do not
constitute acceptance of the whole Services nor relieve the Consultant of any obligations
here under.

41 Interest on Delayed Payments

41.1 If the Procuring Entity had delayed payments beyond thirty (30) days after the due date
stated in Clause GCC 41.2.2, interest shall be paid to the Consultant on any amount due by,
not paid on, such due date for each day of delay at the annual rate stated in the SCC.

G. Fairness and Good Faith

42 Good Faith

42.1 The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives of
this Contract.

H. Settlement of Disputes

43 Amicable Settlement

43.1.2 The Parties shall seek to resolve any dispute amicably by mutual consultation.
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43.1.3 If either Party objects to any action or in action of the other Party, the objecting Party may
file a written Notice of Dispute to the other Party providing in detail the basis of the
dispute. The Party receiving the Notice of Dispute will consider it and respond in writing
within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14)
days, or the dispute cannot be amicably settled within fourteen (14) days following the
response of that Party, Clause GCC 45.1 shall apply.

44 Dispute Resolution

44.1.2 Any dispute between the Parties arising under or related to this Contract that cannot
be settled amicably may be referred to by either Party to the adjudication/arbitration in
accordance with the provisions specified in the SCC.

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SECTION 8: SPECIAL CONDITIONS OF CONTRACT
Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

1.1(a) The Contract shall be construed in accordance with the law of Kenya

4.1 The language is: English

6.1 and 6.2 The addresses are [fill in at negotiations with the selected firm]:

For Procuring Entity

The Principal Secretary
The National Treasury
Treasury Building, Harambee Avenue
P.O. Box 30007 – 00100,
Nairobi
Email: [email protected]

For the Service Provider

Consultant:
Attention:
Facsimile:
E-mail:

8.1 [If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity, the name
of the JV member whose address is specified in Clause SCC6.1 should be inserted
here.]
The Lead Member on behalf of the JV is ___________[insert name of the
member] (to be included during contract perpetration)

9.1 The Authorized Representatives are:

For the Procuring Entity: The Principal Secretary, The National Treasury

For the Consultant: [name, title] (to be included during contract

perpetration)

11.1 The effectiveness conditions are the following: N/A

12.1 Termination of Contract for Failure to Become Effective:

The time period shall be 1 Month

13.1 Commencement of Services:

The number of days shall be: From the date of contract signing
Confirmation of Key Experts’ availability to start the Assignment shall be
submitted to the Procuring Entity in writing as a written statement signed by each
Key Expert.
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Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

14.1 Expiration of Contract:

The time period shall be: From contract signing date

21.1.3. The Procuring Entity reserves the right to determine on a case-by-case basis
whether the Consultant should be disqualified from providing goods, works or
non-consulting services due to a conflict of a nature described in Clause GCC
21.1.3: Yes

23.1 The following limitation of the Consultant’s Liability towards the Procuring Entity
can be subject to the Contract’s negotiations:

“Limitation of the Consultant’s Liability towards the Procuring Entity:

(a) Except in the case of gross negligence or willful misconduct on the part of
the Consultant or on the part of any person or a firm acting on behalf of the
Consultant in carrying out the Services, the Consultant, with respect to damage
caused by the Consultant to the Procuring Entity’s property, shall not be liable to
the Procuring Entity:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds two times the total value of
the Contract;
(b) This limitation of liability shall not
(i) affect the Consultant’s liability, if any, for damage to Third Parties caused by
the Consultant or any person or firm acting on behalf of the Consultant in
carrying out the Services;
(ii) be construed as providing the Consultant with any limitation or exclusion
from liability which is prohibited by the Applicable Law.

24.1 The insurance coverage against the risks shall be as follows: to be included during
contract perpetration)

[Delete what is not applicable except (a)].

(a) Professional liability insurance, with a minimum coverage of

______________________ [insert amount and currency which should be not less
than the total ceiling amount of the Contract];

(b) Third Party motor vehicle liability insurance in respect of motor vehicles
operated in the Procuring Entity’s country by the Consultant or its Experts or
Sub-consultants, with a minimum coverage of [insert amount and currency or
state “in accordance with the applicable law in the Procuring Entity’s country”];

(c) Third Party liability insurance, with a minimum coverage of [insert

amount and currency or state “in accordance with the applicable law in Kenya”];
(d) employer’s liability and workers’ compensation insurance in respect of the
experts and Sub-consultants in accordance with the relevant provisions of the
Applicable Law in Kenya, as well as, with respect to such Experts, any such life,
health, accident, travel or other insurance as may be appropriate; and

(e) insurance against loss of or damage to (i) equipment purchased in whole

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Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

or in part with funds provided under this Contract, (ii) the Consultant’s property
used in the performance of the Services, and (iii) any documents prepared by the
Consultant in the performance of the Services.

27.1 The additional rights to the use of the documents are: This shall be done under
applicable laws

27.2 The Consultant shall not use these [insert what applies……. documents and
software…. ] for purposes unrelated to this Contract without the prior written
approval of the Procuring Entity.] to be included during contract
perpetration)

[OR]

[The Procuring Entity shall not use these [insert what applies……. documents and
software…….] for purposes unrelated to this Contract without the prior written
approval of the Consultant.]
[OR]

[Neither Party shall use these [insert what applies……. documents and
software……] for purposes unrelated to this Contract without the prior written
approval of the other Party.]

32.1 [List here any changes or additions to Clause GCC 32.1. If there are no such
(a) through (f) changes or additions, indicate Not Applicable.] NOT APPLICABLE

32.1(g) [List here any other assistance to be provided by the Procuring Entity. If there is
no such other assistance, indicate Not Applicable for this Clause SCC 32.1(g).]
NOT APPLICABLE

38.1 The Contract price is: ____________________ [insert amount and currency for
each currency as applicable] [indicate: inclusive or exclusive] of local taxes. to be
included during contract perpetration)

Any local taxes chargeable in respect of this Contract for the Services provided by
the Consultant shall [insert as appropriate: “be paid” or “reimbursed”] by the
Procuring Entity [insert as appropriate: “for “or “to”] the Consultant.

The amount of such taxes is ____________________ [insert the amount as

finalized at the Contract’s negotiations on the basis of the tax amounts provided
by the Consultant in Form FIN-2 of the Consultant’s Financial Proposal. to be
included during contract perpetration)

39.1 and 39.2 The Procuring Entity warrants that [choose one applicable option consistent with
the ITC 16.3 and the outcome of the Contract’s negotiations (Form FIN-2]
If ITC16.3 indicates a tax exemption status, include the following: “the
Consultant, the Sub-consultants and the Experts shall be exempt from”
OR
If ITC16.3 does not indicate the exemption and, depending on whether the
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Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

Procuring Entity shall pay the withholding tax or the Consultant has to pay,
include the following:
“the Procuring Entity shall pay on behalf of the Consultant, the Sub-consultants
and the Experts,” OR “the Procuring Entity shall reimburse the Consultant, the
Sub-consultants and the Experts”]
any taxes, duties, fees, levies and other impositions imposed, under the
applicable law in the Procuring Entity’s country, on the Consultant, the Sub-
consultants and the Experts in respect of:
(a) any payments whatsoever made to the Consultant, Sub-consultants and the
Experts (other than nationals or permanent residents of Kenya), in connection
with the carrying out of the Services;
(b) any equipment, materials and supplies brought into Kenya by the
Consultant or Sub-consultants for the purpose of carrying out the Services and
which, after having been brought into such territories, will be subsequently
withdrawn by them;
(c) any equipment imported for the purpose of carrying out the Services and
paid for out of funds provided by the Procuring Entity and which is treated as
property of the Procuring Entity;
(d) any property brought into Kenya by the Consultant, any Sub-consultants
or the Experts (other than nationals or permanent residents of Kenya), or the
eligible dependents of such experts for their personal use and which will
subsequently be withdrawn by them upon their respective departure from the
Procuring Entity’s country, provided that:
(i) the Consultant, Sub-consultants and experts shall follow the usual customs
procedures of Kenya in importing property into Kenya; and

(ii) if the Consultant, Sub-consultants or Experts do not withdraw but dispose of

any property in the Procuring Entity’s country upon which customs duties and
taxes have been exempted, the Consultant, Sub-consultants or Experts, as the case
may be, (a) shall bear such customs duties and taxes in conformity with the
regulations of Kenya, or (b) shall reimburse them to the Procuring Entity if they
were paid by the Procuring Entity at the time the property in question was
brought into the Procuring Entity’s country.

40.2 The payment schedule: to be included during contract perpetration)

[Payment of installments shall be linked to the deliverables specified in the Terms

of Reference in Appendix A]

1st payment: [insert the amount of the installment, percentage of the total
Contract price, and the currency. If the first payment is an advance payment, it
shall be made against the bank guarantee for the same amount as per GCC
41.2.1]. E.g., “Twenty (20) percent of the lumpsum contract price shall be paid
upon submission and approval of the Inception Report

2nd payment: Example: Sixty (60) percent of the lumpsum Contract Price shall be
paid upon submission of an acceptable Draft Report.

3rd and Final Payment: Example: Twenty (20) percent of the lumpsum Contract
Price shall be paid upon submission and approval of the Final Report.
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Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

[Total sum of all installments shall not exceed the Contract price set up in
SCC38.1. Every Payment shall be subject to (i) submission to the Procuring Entity
of the prerequisite Report and/or payment request documents, and, (ii) approval
and acceptance of the said reports and documents by the Procuring Entity]

40.2.1 [The advance payment could be in either the foreign currency, or the local
currency, or both; select the correct wording in the Clause here below. The
advance bank payment guarantee should be in the same currency(ies)]

The following provisions shall apply to the advance payment and the advance
bank payment guarantee:

(1) An advance payment [of [insert amount] in foreign currency] [and of

[insert amount] in Kenya Shillings] shall be made within [insert number] days
after the receipt of an advance bank payment guarantee by the Procuring Entity.
The advance payment will be set off by the Procuring Entity in equal portions
against [list the payments against which the advance is offset].

(2) The advance bank payment guarantee shall be in the amount and in the
currency of the currency (ies) of the advance payment.

(3) The bank guarantee will be released when the advance payment has been
fully set off.

40.2.4 The accounts are: to be included during contract perpetration)

for foreign currency: [insert account].

for local currency: [insert account].

41.1 The interest rate is: [insert rate].

44.1 Disputes shall be settled by arbitration in accordance with the following

provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to arbitration
shall be heard by a sole arbitrator or an arbitration panel composed of three (3)
arbitrators, in accordance with the following provisions:

(a) Where the Parties agree that the dispute concerns a technical matter, they
may agree to appoint a sole arbitrator or, failing agreement on the identity of
such sole arbitrator within thirty (30) days after receipt by the other Party of the
proposal of a name for such an appointment by the Party who initiated the
proceedings, either Party may apply to [name an appropriate international
professional body, e.g., the Federation Internationale des Ingenieurs-Conseil
(FIDIC) of Lausanne, Switzerland] for a list of not fewer than five (5) nominees
and, on receipt of such list, the Parties shall alternately strike names therefrom,
and the last remaining nominee on the list shall be the sole arbitrator for the
matter in dispute. If the last remaining nominee has not been determined in this
manner within sixty (60) days of the date of the list, [insert the name of the same

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Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

professional body as above] shall appoint, upon the request of either Party and
from such list or otherwise, a sole arbitrator for the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a technical
matter, the Procuring Entity and the Consultant shall each appoint one (1)
arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who
shall chair the arbitration panel. If the arbitrators named by the Parties do not
succeed in appointing a third arbitrator within thirty (30) days after the latter of
the two (2) arbitrators named by the Parties has been appointed, the third
arbitrator shall, at the request of either Party, be appointed by [name an
appropriate international appointing authority, e.g., the Secretary General of the
Permanent Court of Arbitration, The Hague; the Secretary General of the
International Centre for Settlement of Investment Disputes, Washington, D.C.;
the International Chamber of Commerce, Paris; etc.].

(c) If, in a dispute subject to paragraph (b) above, one Party fails to appoint
its arbitrator within thirty (30) days after the other Party has appointed its
arbitrator, the Party which has named an arbitrator may apply to the [name the
same appointing authority as in said paragraph (b)] to appoint a sole arbitrator
for the matter in dispute, and the arbitrator appointed pursuant to such
application shall be the sole arbitrator for that dispute.

2. Rules of Procedure. Except as otherwise stated herein, arbitration

proceedings shall be conducted in accordance with the rules of procedure for
arbitration of the United Nations Commission on International Trade Law
(UNCITRAL) as in force on the date of this Contract.

3. Substitute Arbitrators. If for any reason an arbitrator is unable to perform

his/her function, a substitute shall be appointed in the same manner as the
original arbitrator.

4. Nationality and Qualifications of Arbitrators. The sole arbitrator or the

third arbitrator appointed pursuant to paragraphs 1(a) through 1(c) above shall
be an internationally recognized legal or technical expert with extensive
experience in relation to the matter in dispute and shall not be a national of the
Consultant’s home country [If the Consultant consists of more than one entity,
add: or of the home country of any of their members or Parties] or of the
Government’s country. For the purposes of this Clause, “home country” means
any of:

(a) the country of incorporation of the Consultant [If the Consultant consists
of more than one entity, add: or of any of their members or Parties]; or
(b) the country in which the Consultant’s [or any of their members’ or
Parties’] principal place of business is located; or
(c) the country of nationality of a majority of the Consultant’s [or of any
members’ or Parties’] shareholders; or
(d) the country of nationality of the Sub-consultants concerned, where the
dispute involves a subcontract.

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Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held in [select
a country which is neither the Procuring Entity’s country nor the Consultant’s
country];
(b) the [type of language] language shall be the official language for all
purposes; and
(c) the decision of the sole arbitrator or of a majority of the arbitrators (or of
the third arbitrator if there is no such majority) shall be final and binding and
shall be enforceable in any court of competent jurisdiction, and the Parties
hereby waive any objections to or claims of immunity in respect of such
enforcement.

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SECTION 9: APPENDICES
Appendix A – Terms of Reference

[Note: This Appendix shall include the final Terms of Reference (TORs) worked out by the
Procuring Entity and the Consultant during the negotiations; dates for completion of various tasks;
location of performance for different tasks; detailed reporting requirements and list of deliverables
against which the payments to the Consultant will be made; Procuring Entity's input, including
counterpart personnel assigned by the Procuring Entity to work on the Consultant's team; specific
tasks or actions that require prior approval by the Procuring Entity.

Insert the text based on the Section 5 (Terms of Reference) of the ITC in the RFP and modified
based on the Forms TECH-1 through TECH-5 of the Consultant's Proposal. Highlight the changes
to Section 5 of the RFP]

………………………………………………………………………………………………..........................
...............
Appendix B - Key Experts

[Insert a table based on Form TECH-6 of the Consultant's Technical Proposal and finalized at the
Contract's negotiations. Attach the CVs (updated and signed by the respective Key Experts)
demonstrating the qualifications of Key Experts.]

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

Appendix C – Remuneration Cost Estimates

1. Monthly rates for the Experts:

[Insert the table with the remuneration rates. The table shall be based on [Form FIN-3] of the
Consultant's Proposal and reflect any changes agreed at the Contract negotiations, if any. The
footnote shall list such changes made to [Form FIN-3] at the negotiations or state that none
has been made.]

2. [When the Consultant has been selected under Quality-Based Selection method, or the
Procuring Entity has requested the Consultant to clarify the breakdown of very high
remuneration rates at the Contract's negotiations also add the following:

“The agreed remuneration rates shall be stated in the attached Form: Breakdown of Agreed
Fixed Rates in Consultant's Contract. This form shall be prepared on the basis of Appendix A to
Form FIN-3 of the RFP “Consultants' Representations regarding Costs and Charges” submitted
by the Consultant to the Procuring Entity prior to the Contract's negotiations.

Should these representations be found by the Procuring Entity (either through inspections or
audits pursuant to Clause GCC 25.2 or through other means) to be materially in complete or
in accurate, the Procuring Entity shall be entitled to introduce appropriate modifications in the
remuneration rates affected by such materially in complete or inaccurate representations. Any
such modification shall have retroactive effect and, in case remuneration has already been paid
by the Procuring Entity before any such modification,(i) the Procuring Entity shall been titled to
offset any excess payment against the next monthly payment to the Consultants, or (ii) if there
are no further payments to be made by the Procuring Entity to the Consultants, the
Consultants shall reimburse to the Procuring Entity any excess payment with in thirty (30)days
of receipt of a written claim of the Procuring Entity. Any such claim by the Procuring Entity for
reimbursement must be made within twelve (12) calendar months after receipt by the
Procuring Entity of a final report and a final statement approved by the Procuring Entity in
accordance with Clause GCC45. 1(d) of this Contract.”
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BREAKDOWN OF AGREED FIXED RATES IN CONSULTANT'S CONTRACT

We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in
performing the Services, the basic fees and away from the home office allowances (if applicable)
indicated below:

(Expressed in [insert name of currency]) *

Experts 1 2 3 4 5 6 7 8
Basic Away
Agreed Fixed Agreed Fixed
Remuneratio from
Social Rate per Rate per
Na Positi n rate per Overhe Subto Profi Home
Charg Working Working
me on Working ad1 tal t2 Office
es1 Month/Day/ Month/Day/
Month/Day/ Allowa
Hour Hour1
Year nce

Home
Office

Work in
Kenya

Expressed as percentage of 1
1 Expressed as percentage of 4
* If more than one currency, add a table

Signature Date

Name and Title:

Appendix D: Reimbursable Expenses Cost Estimates

1. {Insert the table with the Reimbursable Expenses rates. The table shall be based on [Form FIN-
4] of the Consultant's Proposal and reflect any changes agreed at the Contract negotiations, if
any. The foot note shall list such changes made to [FormFIN-4] at the negotiations or state
that none has been made.]

2. All reimbursable expenses shall be reimbursed at actual cost, unless otherwise explicitly
provided in this Appendix, and in no event shall reimbursement be made in excess of the
Contract amount.

Appendix E: Form Of advance Payments Guarantee

[Note: See Clause GCC 41.2 and

SCC41.2] Bank Guarantee for

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Advance Payment
[Bank's Name and Address of Issuing Branch or Office]
Beneficiary: [Name and Address of Procuring
Entity] Date:

ADVANCE PAYMENT GUARANTEE No.

We have been informed that [name of consultant or a name of the Joint Venture, same as
appears on the signed Contract] (herein after called" the Consultant") has entered into Contract
No. [Reference number of the contract] dated with
you, for the provision of [brief description of Services] (hereinafter called" the
Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment
in the sum of
[Amount in figures] () [amount in words] is to be made against an advance payment
guarantee.

At the request of the Consultant, we [name of bank] hereby irrevocably undertake to

pay you any sum or sums not exceeding in total an amount of [amount in figures] ()
[amount in words]1upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Consultant are in breach of their obligation under the Contract because
the Consultant have used the advance payment for purposes other than toward providing the
Services under the Contract.
Itisaconditionforanyclaimandpaymentunderthisguaranteetobemadethattheadvancepaymentreferr
edto above must have been received by the Consultant on their account number at
[name and address of bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in copies of certified monthly statements
which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of the
monthly payment certificate indicating that the Consultant has made
full repayment of the amount of the advance payment, or on the day of , 2 ,2 whichever is
earlier.
Consequently, any demand for payment under this guarantee must be received by us at this office

o n or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees,

ICC Publication No.758.

[Signature (s)]

Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be
deleted from the final product

1The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency (ies) of the advance payment as
Specified in the Contract, or in a freely convertible currency acceptable to the Procuring Entity.
2Insert the expected expiration dates. In the event of an extension of the time for completion of the
Contract, the Procuring Entity would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the procuring Entity might consider adding
the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months] [one year], in response
to the Procuring Entity's written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”
Page 93 of 103
SECTION 10. NOTIFICATION FORMS

1. NOTIFICATION OF INTENTION TO AWARD

Procuring Entity: [insert the name of the

Entity] Contract title: [insert the name of the
contract] RFP No: [insert RF Preference
number]

This Notification of Intention to Award (Notification) notifies you of our decision to award the
above contract. The transmission of this Notification begins the Standstill Period. During the
Standstill Period you may:

a) Request a debriefing in relation to the evaluation of your Proposal, and/or

b) Submit a Procurement-relatedComplaintinrelationtothedecisiontoawardthecontract.

The successful Consultant

Name: [insert name of successful Consultant]

Address: [insert address of the successful Consultant]
Contract price: [insert contract price of the successful Consultant]

i) Short listed Consultants

[INSTRUCTIONS: insert names of all short-listed Consultants and indicate which Consultants
submitted Proposals. Where the selection method requires it, state the price offered by each
Consultant as readout, and as evaluated. Include overall technical scores and scores assigned for
each criterion and sub-criterion.]

Submitted Overall technical score Financial Evaluated Combined

Proposal Proposal Financial Score and
Price Proposal Price ranking (if
(If applicable) applicable)
[insert [yes/no] Criterion (i): [insert score] [Proposal [evaluated price] Combined
name] Criterion (ii): [insert score] price] Score:
Criterion (iii): [insert score] [combined
Sub-criterion a: score]
1: [insert score] Ranking:
2: [insert score] [ranking]
3: [insert score]
Sub-criterion b:
1: [insert score]
2: [insert score]
3: [insert score]
Sub-criterion c:
………etc.
Page 94 of 103
 Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]
[insert [yes/no] Criterion (i): [insert score] [Proposal [evaluated price] Combined
name] Criterion (ii): [insert score] price] Score:
Criterion (iii): [insert score] [combined
Sub-criterion a: score]
1: [insert score] Ranking:
2: [insert score] [ranking]
3: [insert score]
Sub-criterion b:
1: [insert score]
2: [insert score]
3: [insert score]
Sub-criterion c:
……..etc.
Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]
[insert [yes/no] Criterion (i): [insert score] [Proposal [evaluated price] Combined
name] Criterion (ii): [insert score] price] Score:
Criterion (iii): [insert score] [combined
Sub-criterion a: score]
1: [insert score] Ranking:
2: [insert score] [ranking]
3: [insert score]
Sub-criterion b:
1: [insert score]
2: [insert score]
3: [insert score]
Sub-criterion c:
……etc.
Criterion (iv): [insert score]
Criterion (v): [insert score]
Total score: [insert score]
[insert ….. …. …. …. …..
name]
(ii) Reason/s why your Proposal was unsuccessful [Delete if the combined score already reveals the
reason].

[INSTRUCTIONS; State the reason/s why this Consultant’s Proposal was unsuccessful. Do NOT
include: (a) a point-by-point comparison with another Consultant’s Proposal or (b) information that
is marked confidential by the Consultant in its Proposal.]

iii) How to request a debriefing [This applies only if your proposal was unsuccessful as stated
under point (3) above].

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).
You may request a debriefing in relation to the results of the evaluation of your Proposal. If you
decide to request a debriefing your written request must be made within five (5) Business Days of
receipt of this Notification of Intention to Award.

Provide the contract name, reference number, name of the Consultant, contact details; and
Page 95 of 103
address the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Procuring Entity]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used

If your request for a debriefing is received within the 5 Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after
the date that the debriefing is provided. If this happens, we will notify you and confirm the date
that the extended Standstill Period will end.
The debriefing may be in writing, by phone, video conference call or in person. We shall promptly
advise you in writing how the debriefing will take place and confirm the date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we
will provide the debriefing as soon as practicable, and normally no later than fourteen (14) Business
Days from the date of publication of the Contract Award Notice.

(iv) How to Make a Complaint

DEADLINE: The deadline for submitting a Procurement-related Complaint challenging the decision
to award the contract expires on midnight, [insert date] (local time).
Provide the contract name, reference number, name of the Consultant, contact details; and
address the Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Procuring Entity]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
[At this point in the procurement process] [Upon receipt of this notification] you may submit a
Procurement-related Complaint challenging the decision to award the contract. You do not need to
have requested, or received, a debriefing before making this complaint. Your complaint must be
submitted within the Standstill Period and received by us before the Standstill Period ends.
In summary, there are four essential requirements:
You must be an ‘interested party’. In this case, that means a Consultant who has submitted a
Proposal in this selection process and is the recipient of a Notification of Intention to Award.
The complaint can only challenge the decision to award the contract.
You must submit the complaint within the deadline stated above.
You must include, in your complaint, all of the information required by the Procuring Entity.

(v) Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
The Standstill Period lasts ---- (specify the number of business days as per Data Sheet 30.1) Business
Days as specified in the Data Sheet after the date of transmission of this Notification of Intention to
Award.
The Standstill Period may be extended. This may happen where we are unable to provide a
debriefing within the five (5) Business Day deadline. If this happens, we will notify you of the
extension.

If you have any questions regarding this Notification, please do not hesitate to contact us.
On behalf of [insert the name of the Procuring
Entity]: Signature:

Page 96 of 103
 Name:
Title/position:
Telephone:
Email:

Page 97 of 103
 2. REQUEST FOR REVIEW

FORM FOR REVIEW (r.203(1))

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…... for .........(Tender description).
REQUEST FOR REVIEW
I/We……………………………, the above-named Applicant(s), of address: Physical
address……………. P. O. Box 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.
By this memorandum, the Applicant requests the Board for an order/orders that:
1.
2.
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

Page 98 of 103
3. LETTER OF AWARD

[use letterhead paper of the Procuring Entity] [date]______To: ________ [name and address of the winning Consultant]

Subject: Notification of Award Contract No...........

This is to notify you that your Proposal dated [insert date] for consulting services for [name
of the assignment] as negotiated with you on for the contract amount of
[Insert amount in numbers and words and name of currency] is here by accepted by our
agency.

You are requested to:(i) sign and return the draft negotiated Contract attached here with within eight (8) Business
Days from the date of receipt of this notification; and (ii) furnish the additional information on beneficial ownership
in accordance with the Data Sheet of ITC 32.1 within eight (8) days using the Beneficial Ownership Disclosure
Form, included in Section 7 of the Request of Proposals.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Draft Negotiated Contract

Page 99 of 103
 BENEFICIAL OWNERSHIP DISCLOSURE FORM

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful tenderer pursuant to Regulation
13 (2A) and 13 (6) of the Companies (Beneficial Ownership Information) Regulations, 2020. In case of joint venture, the
tenderer must submit a separate Form for each member. The beneficial ownership information to be submitted in this Form
shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who ultimately owns or controls
the legal person (tenderer) or arrangements or a natural person on whose behalf a transaction is conducted, and includes
those persons who exercise ultimate effective control over a legal person (Tenderer) or arrangement.

Tender Reference No.: [insert

identification no] Name of the Tender Title/Description: [insert
name of the assignment] to: [insert complete name of Procuring Entity]

In response to the requirement in your notification of award dated [insert date of notification of
award] to furnish additional information on beneficial ownership: [select one option as applicable
and delete the options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Details of all Beneficial Owners % Of shares % of voting Whether a person directly Whether a person
a person rights a person or indirectly holds a right directly or
holds in the holds in the to appoint or remove a indirectly exercises
company company member of the board of significant
Directly or directors of the company influence or control
indirectly or an equivalent over the Company
governing body of the (tenderer) (Yes /
Tenderer (Yes / No) No)
Full Name Directly------ Directly……… 1. Having the right to 1. Exercises
----- % ……. % Of appoint a majority of significant
National identity card of shares voting rights the board of the influence or
number or Passport directors or an control over the
1. number equivalent governing Company body
Indirectly---------- body of the Tenderer: of the Company
Personal Identification % of voting
Number (where Indirectly---- Yes -----No---- (tenderer)
------ % rights 2. Is this right held
applicable)
of shares directly or indirectly? Yes -----No----
Nationality
2. Is this
Date of birth
Direct……………… influence or
[dd/mm/yyyy]
… control
Postal address exercised
directly or
Residential address Indirect……………… indirectly?
Telephone number ...
Direct…………...
Email address
Occupation or Indirect…………

Page 100 of 103

 Details of all Beneficial Owners % Of shares % of voting Whether a person directly Whether a person
a person rights a person or indirectly holds a right directly or
holds in the holds in the to appoint or remove a indirectly exercises
company company member of the board of significant
Directly or directors of the company influence or control
indirectly or an equivalent over the Company
governing body of the (tenderer) (Yes /
Tenderer (Yes / No) No)
profession

2. Full Name Directly------ Directly……… 1. Having the 1. Exercises

----- % ……. % of right to appoint a significant
National identity card majority of the board influence or
of shares voting rights
number or Passport of the directors or an control over the
number equivalent governing Company body
Indirectly---------- body of the Tenderer: of the Company
Personal Identification % of voting
Number (where Indirectly---- Yes -----No---- (tenderer)
------ % rights 2. Is this right held Yes -----No----
applicable)
of shares directly or indirectly?
Nationality(ies) 2. Is this
influence or
Date of birth
Direct……………… control
[dd/mm/yyyy]
… exercised
Postal address directly or
indirectly?
Residential address Indirect………………
Telephone number ... Direct…………...

Email address
Indirect…………
Occupation or
profession

3.

etc.

II) Am fully aware that beneficial ownership information above shall be reported to the Public
Procurement Regulatory Authority together with other details in relation to contract awards and shall
be maintained in the Government Portal, published and made publicly available pursuant to
Regulation 13(5) of the Companies (Beneficial Ownership Information) Regulations,
2020.(Notwithstanding this paragraph Personally Identifiable Information in line with the Data
Protection Act shall not be published or made public). Note that Personally Identifiable Information
(PII) is defined as any information that can be used to distinguish one person from another and can
be used to deanonymize previously anonymous data. This information includes National identity card
number or Passport number, Personal Identification Number, Date of birth, Residential address, email
address and Telephone number.

III) In determining who meets the threshold of who a beneficial owner is, the Tenderer must consider a
natural person who in relation to the company:

(a) holds at least ten percent of the issued shares in the company either directly or
indirectly;

Page 101 of 103

 (b) exercises at least ten percent of the voting rights in the company either directly or
indirectly;

(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or

(d) exercises significant influence or control, directly or indirectly, over the company.

IV) What is stated to herein above is true to the best of my knowledge, information and belief.

Name of the Tenderer: .......................*[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: ** [insert

complete name of person duly authorized to sign the Tender]

Designation of the person signing the Tender: ....................... [insert complete title of the person

signing the Tender]

Signature of the person named above: ....................... [insert signature of person whose name and

capacity are shown above]

Date this ....................... [insert date of signing] day of....................... [Insert month], [insert year]

Bidder Official Stamp

Directly or indirectly holding 25% or more of the shares. Directly or indirectly holding25%
or more of the voting rights.
Directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Consultant]”

Name of the Consultant: .......................*[insert complete name of the Consultant]

NameofthepersondulyauthorizedtosigntheProposalonbehalfoftheConsultant: ** [insert complete

name of person duly authorized to sign the Proposal]

Title of the person signing the Proposal: ....................... [insert complete title of the person signing
the Proposal]

Signature of the person named above: ....................... [insert signature of person whose name and
capacity are shown above]

Date signed ....................... [insert date of signing] day of....................... [Insert month], [insert
year]

Page 102 of 103

 *
In the case of the Proposal submitted by a Joint Venture specify the name of the Joint Venture as Consultant. In the event that
the Consultant is a Joint venture, each reference to “Consultant” in the Beneficial Ownership Disclosure Form (including this
Introduction there to) shall be read to refer to the joint venture member.

**
Person signing the Proposal shall have the power of attorney given by the Consultant. The power of attorney shall be attached
with the Proposal Schedules.

Request for Proposal Reference No.: [insert

identification no] Name of the Assignment: [insert
name of the assignment] to: [insert complete name of Procuring Entity]

In response to your notification of award dated [insert date of notification of

award] to furnish additional information on beneficial ownership: [select one option as applicable
and delete the options that are not applicable]

V) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Beneficial Directly or Directly or indirectly Directly or indirectly having the right
Owner indirectly holding holding 25 % or more of to appoint a majority of the board of
25% or more of the the Voting Rights the directors or an equivalent
shares (Yes / No) governing body of the Consultant
(Yes / No) (Yes / No)
[include full name
(last, middle, first), 
nationality, country of
residence]

OR

ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions: directly or
indirectly holding 25% or more of the shares. Directly or indirectly holding 25% or more of the voting
rights. Directly or indirectly having the right to appoint a majority of the board of directors or equivalent
governing body of the Consultant.

OR

iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the following
conditions. [If this option is selected, the Consultant shall provide explanation on why it is unable to
identify any Beneficial Owner]

Page 103 of 103