NATIONAL AIDS CONTROL COUNCIL RFP NO. NACC/RFP/013/2019/2020 CONSULTANCY SERVICE FOR SELECTION OF HUMAN RESOURCE CONSULTANT (RECRUITMENT AND SELECTION) CLOSING DATE: OCTOBER 9, 2019 at 10.00AM National AIDS Control Council (NACC) Landmark Plaza, 9th Floor Argwings Kodhek Road P. O. Box 61307 – 00200 NAIROBI (KENYA) TEL: +254-020-2715109/2711261/2715144 FAX: +254-20- 2711072 E-mail: [email protected]Website: www.nacc.or.ke .go.ke
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[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations].
Education:
[Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree[s] obtained.]
NATIONAL AIDS CONTROL COUNCIL 25
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]
Certification:
I, the undersigned, certify that these data correctly describe me, my qualifications, and my
5.1 Terms of Reference are the initial statement to the consultant of the services to be
performed and should therefore be clear and precise and should contain the following
sections:
(a) Background,
(b) Objectives of the assignment,
(c) Scope of the Services,
(d) Training (where appropriate),
(e) Reports and Time Schedule,
(f) Data Services, Personnel and Facilities to be provided by the Client, and
(g) Terms of Payment.
5.2 This Section should be prepared very carefully by the procuring entity to ensure that the
consultancy assignment is well understood by the consultants.
NATIONAL AIDS CONTROL COUNCIL 37
TERMS OF REFERENCE FOR SHORTLISTING OF CANDIDATES FOR BOARD POSITIONS
INTRODUCTION
The National AIDS Control Council (NACC) was established in November 1999, to coordinate
implementation of the national multi-sectoral response to HIV/AIDS in Kenya. The National AIDS
Control Council (NACC) was established under Section 3 of the State Corporations Act Cap 446
through the National AIDS Control Council Order, 1999 published vide Legal Notice No. 170 of
1999. NACC is a non-commercial organization whose mission is to:
“Provide policy and a Strategic framework for mobilizing and coordinating resources for the
prevention of HIV transmission and provision of care and support to the infected and affected
people in Kenya”.
NACC is seeking the services of a firm to review, analyse, test and shortlist for the positions of
Senior/ middle management and technical positions.
OBJECTIVE OF CONSULTANCY
IDEAL CONSULTING FIRMS
The successful consulting firms or agencies will be expected to have experience and knowledge in
recruitment of senior management positions.
SCOPE OF CONSULTANCY
The firms /agencies must exhibit willingness to work with speed in identifying candidates from the
applications within a short period of time and administer objective and relevant aptitude/ technical
exams. Hence the Consulting firm will be expected to:
1. Come up with an appropriate classification to identify all received applications using an
objective yet simple method.
NATIONAL AIDS CONTROL COUNCIL 38
2. Conduct first level interviews.
3. Summarizing credentials of all candidates who meet the minimum requirements.
4. Short listing and Screening of the applications; where screening would refer to carrying out
documented background checks of the shortlisted candidates (The formal background
checks must form part of the report to NACC).
5. Verify compliance with the Chapter 6 constitutional requirements of the shortlisted
candidates
6. Administer objective, reliable, valid, relevant and standard suitability cum technical
evaluation for the candidates and score the shortlisted candidates according. (This test
shall be availed to NACC as part of the report as well as the score of each short-listed
candidate on the evaluation). The exam should be scored out of 100%. The test should as
much as possible be reliable to the extent that that it is easy to understand and each
question does not have so many answers.
7. Application of secondary criteria in terms of equal opportunity, diversity and gender
balance as required by the Constitution and making appropriate recommendations.
8. Call candidates for the final interviews which will be conducted by the NACC where
applicable.
9. Forward to NACC all applications of the position (both shortlisted and those not
shortlisted) within the agreed time frame (but in any case, not later than one (1) month
from the day of the award.
OTHER TECHNICAL EXPECTATIONS (to be submitted by bidders)
Project
Title
Description
or Scope of
Project
Value No of
recruits for
the per
project
Client Start
Date
End Date
TIME FRAME
This would be open to discussion. However, it is recommended that the process should not exceed
31 calendar days for the Senior and middle management and where applicable technical positions.
NATIONAL AIDS CONTROL COUNCIL 39
BRIEFINGS
The consultant would be expected to provide written updates to the NACC CEO on the progress of
the exercise and any projections thereof at agreed intervals. This may be in soft or hard copy and
must basically focus on the progress of the agreed time lines with key highlights and any relevant
statistics. However, the final report must be in both soft and hard copy. Liaisons can be done on
email for all approval.
OBJECTIVITY
Any recommendations and analysis by the consultant on the process will be backed by documented
evidence on the process and methodology. Every recommendation must be objective and backed
by viable evidence.
FINANCIAL EVALUATION
Financial proposals will be evaluated on the basis of cost and payment terms if not specified in the
other terms herewith.
Provide the cost per recruitment (Clearly showing a breakdown of all the costs associated with
the hiring). These include the background check, any postage, reports Certificate verification
among other conventional expectations.
The NACC Grades along with the Gross salaries that are being considered are as follows:
GRADES SALARY
1 578,162
2 418,779
3 307,908
4 205,682
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The consultancy will run for 2 years.
AFFIRMATIVE ACTION
The Consultant should identify applicants who meet the minimum requirement but do not
necessarily get shortlisted yet meet the following criteria:
1. They come from marginalized areas of Kenya such as the North Eastern Region and Coast.
2. They come from Communities whose population is inadequately represented in the
organization.
N.B:
It would then be upon NACC to determine what affirmative action to take upon such applicants. It
would therefore follows that the best of such candidates may need to taken through the process of
due diligence just like the ones who are shortlisted and this may include but not limited to phone
calls and the undertaking of background checks.
Qualifications of key staff (Attach certified copies of certificates)
1. Lead consultant
Academic Qualification Must have a minimum Master’s Degree in organization development, human resource management and/or a business related field. Professional qualification A post graduate diploma in Human Resources Management and a Certified HR professional with a Practicing Certificate from the IHRM. The lead consultant must have at least 15 years’ experience in Human Resource Management and/or Consulting. Must have experience recruiting top and senior Executives in the public sector for at least ten (10) organizations in the last (3) years.
2. Partner/Director Academic Qualification
NATIONAL AIDS CONTROL COUNCIL 41
Must have a minimum Master’s Degree in organization development, Human resource management and/or a business related field.
Professional qualification A post graduate diploma in Human Resources Management and a Certified HR professional. The partner/ Director must have at least 15) years’ experience in Human Resource Management and/or Consulting. Must have experience recruiting top and senior executives in the public sector for at least ten (10) organizations in the last (3) years.
3. Two Professional/Technical Staff
Academic Qualification Must have a minimum of University Degree in organization development, Human resource management and/or a business related field. Professional qualification Postgraduate diploma in Human Resources Management or related field and must be valid members to the Institute of Human Resource Management or equivalent. At least two (2) of the proposed professional/technical staff must have Five (5) years’ experience in Human Resource Management and/ or consulting. Firms Experience The firm must have undertaken similar tasks successfully in the public sector in the last 5 years.
NATIONAL AIDS CONTROL COUNCIL 42
SHORT LISTING CRITERIA- MANDATORY CRITERIA
STATUTORY REQUIREMENTS- MANDATORY CRITERIA
No Requirements YES /NO
1. Certificate of Registration / Incorporation
2. Duly Filled Confidential Business Questionnaire
3. Valid Tax Compliance Certificate
4. The Business trade license from County Government
5. Certificate of Compliance on NHIF and NSSF
ELIGIBILITY CRITERIA- MANDATORY
No Requirements PASS/FAIL
1. Duly executed Self Declaration on Debarment
2. Duly executed Anti-Corruption f Declaration
3. Firm with conflict of interest on the assignment
4. Power of attorney authorizing person to sign tender documents on
behalf of the firm
NATIONAL AIDS CONTROL COUNCIL 43
TECHNICAL EVALUATION CRITERIA
S/NO. DESCRIPTION SCORE
1
Adequacy of the Proposed Methodology and
Work Plan in responding to the Terms of
Reference (TORs)
a.
Approach and methodology:
30 Marks
The approach should demonstrate clarity, practicability, innovativeness, and proactivity in carrying out assignments.
The proposed methodology must include the following:
· Designing and placing approved adverts in selected publications, websites, and social media platforms, amongst others;
· Designing online assessments methods and tools;
· Designing interview questions to probe competencies;
· Managing and conducting interviews; and
· Conducting formal and informal reference checks for the selected candidate(s).
b. Proposed and detailed work-plan 10 Marks
2
Key professional staff qualifications and competence for the assignment.
40 Marks Qualifications and experience of proposed team:
· Team leader 15 Marks
· Partner/Director 10 Marks each . Two Technical Staff 7.5 Marks each
3 Specific Experience of the Consultants
20 Marks Relevant to the Assignment:
a. Track record/experience of the firm in conducting similar assignments (8 Marks)
NATIONAL AIDS CONTROL COUNCIL 44
b. Firm’s demonstrable ability to recruit for large organizations/ Corporate bodies ( 2 Mark)
c. Demonstrated ability to carry out psychometric tests and personality assessments (8 Marks)
d. Demonstrated ability to create interactive web portals to carry out large volumes online recruitment (2 Mark)
100 Marks
Total Score
NATIONAL AIDS CONTROL COUNCIL 45
SECTION VI:
STANDARD FORMS OF CONTRACT
a. ANNEX I – LARGE ASSIGNMENTS (LUMP-SUM PAYMENTS)
b. ANNEX II – LARGE AND SMALL ASSIGNMENTS (TIME BASED PAYMENTS)
c. ANNEX III – SMALL ASSIGNMENTS (LUMP-SUM
PAYMENTS)
NOTES
1. LARGE ASSIGNMENT _____Exceeding Ksh 5,000,000
2. SMALL ASSIGNMENT _____Not exceeding Ksh. 5,000,000
3. TIME BASED PAYMENT ___Time based fixed fee Exact duration of contract not fixed
1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract shall have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Republic of Kenya as they may be
issued and in force from time to time;
(b) “Contract” means the Contract signed by the Parties, to which these General Conditions of Contract (GC) are attached together with all the documents listed in Clause 1 of such signed Contract;
(c) “Contract Price” means the price to be paid for the performance
of the Services in accordance with Clause 6 herebelow;
(d) “Foreign Currency” means any currency other than the
Kenya Shilling;
(e) “GC” means these General Conditions of Contract;
(f) “Government” means the Government of the Republic of Kenya;
NATIONAL AIDS CONTROL COUNCIL 54
(g) “Local Currency” means the Kenya Shilling;
(h) “Member”, in case the Consultant consists of a joint venture of
more than one entity, means any of these entities; “Members”
means all these entities, and “Member in Charge” means the
entity specified in the SC to act on their behalf in exercising all
the Consultant’s rights and obligations towards the Client under
this Contract;
(i) “Party” means the Client or the Consultant, as the case may be
and “Parties” means both of them;
(vii)
(j) “Personnel” means persons hired by the Consultant or by any
Subconsultant as employees and assigned to the performance of
the Services or any part thereof;
(k) “SC” means the Special Conditions of Contract by which the GC
may be amended or supplemented;
(l) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A; and
(m) “Sub consultant” means any entity to which the Consultant
subcontracts any part of the Services in accordance with the
provisions of Clauses 3 and 4.
1.2 Law Governing This Contract, its meaning and interpretation and the
the Contract
relationship between the Parties shall be governed by the Laws of
Kenya.
1.3 Language
This Contract has been executed in English language which shall be the
binding and controlling language for all matters relating to the
meaning or interpretation of this Contract.
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1.4 Notices
Any notice, request, or consent made pursuant to this Contract shall
be in writing and shall be deemed to have been made when delivered
in person to an authorized representative of the Party to whom the
communication is addressed or when sent by registered mail, telex,
telegram or facsimile to such Party at the address specified in the SC.
1.5 Location
The Services shall be performed at such locations as are specified in
Appendix A and, where the location of a particular task is not so
specified, at such locations, whether in the Republic of Kenya or
elsewhere, as the Client may approve.
1.6 Authorized Any action required or permitted to be taken and any
Representatives document required or permitted to be executed under this Contract by the
Client or the Consultant may be taken or executed by the officials
specified in the SC.
(viii)
1.7 Taxes and The Consultant, Sub consultant[s] and their personnel
Duties shall pay such taxes, duties, fees and other impositions as may be levied
under the Laws of Kenya, the amount of which is deemed to have been
included in the Contract Price.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF
CONTRACT
2.1 Effectiveness of This Contract shall come into effect on the date the
Contract
Contract is signed by both Parties or such other later date as may be
stated in the SC.
2.2 Commencement The Consultant shall begin carrying out the Services
of Services
thirty (30) days after the date the Contract becomes effective or at
such other date as may be specified in the SC.
2.3 Expiration of Unless terminated earlier pursuant to Clause 2.6, this
Contract
Contract shall terminate at the end of such time period, after the
Effective Date, as is specified in the SC.
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2.4 Modification Modification of the terms and Conditions of this Contract, including
any modification of the scope of the Services or the Contract Price,
may only be made by written agreement between the Parties.
2.5 Force Majeure
2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party and which makes
a Party’s performance of its obligations under the Contract impossible or
so impractical as to be considered impossible under the circumstances.
2.5.2 No Breach The failure of a Party to fulfill any of its obligations under
of Contract the Contract shall not be considered to be a breach of, or default under,
this Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event (a) has
taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this
Contract, and (b) has informed the other Party as soon as possible
about the occurrence of such an event.
(ix)
2.5.3 Extension Any period within which a Party shall, pursuant to this
Of Time 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.
2.5.4 Payments During the period of his inability to perform the Services
as a result of an event of Force Majeure, the Consultant shall be entitled
to continue to be paid under the terms of this Contract, as well as to be
reimbursed for additional costs reasonably and necessarily incurred by
him during such period for the purposes of the Services and in
reactivating the Service after the end of such period.
2.6
Termination
2.6.1 By the The Client may terminate this Contract by not less than
NATIONAL AIDS CONTROL COUNCIL 57
Client
thirty (30) days’ written notice of termination to the Consultant, to be
given after the occurrence of any of the events specified in this Clause;
(a) if the Consultant does not remedy a failure in the performance
of his obligations under the Contract within thirty (30) days
after being notified or within any further period as the Client
may have subsequently approved in writing;
(b) if the Consultant becomes insolvent or bankrupt;
(c) if, as a result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not
less than sixty (60) days; or
(d) if the Consultant, in the judgement of the Client, has engaged
in corrupt or fraudulent practices in competing for or in
executing the Contract.
For the purpose of this clause;
“corrupt practice” means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a public
official in the selection process or in Contract execution.
(x)
“fraudulent practice” means a misrepresentation of facts in
order to influence a selection process or the execution of
Contract to the detriment of the Client, and includes collusive
practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-
competitive levels and to deprive the Client of the benefits of
free and open competition.
(e) if the Client in his sole discretion decides to terminate this Contract.
2.6.2 By the Consultant. The consultant may terminate this Contract by not less
than thirty (30) days’ written notice to the Client, such notice to be
given after the occurrence of any of the following events;
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(a) if the Client fails to pay any monies due to the Consultant
pursuant to this Contract and not subject to dispute pursuant to
Clause 7 within sixty (60) days after receiving written notice
from the Consultant that such payment is overdue; or
(b) if, as a result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not less
than sixty (60) days.
2.6.3 Payment Upon termination of this Contract pursuant to Clauses upon
2.6.1 or 2.6.2, the Client shall make the following Termination payments to
the Consultant:
(a) remuneration pursuant to Clause 6 for Services satisfactorily
performed prior to the effective date of termination;
(b) except in the case of termination pursuant to paragraphs (a) and
(b) of Clause 2.6.1, reimbursement of any reasonable costs
incident to the prompt and orderly termination of the Contract,
including the cost of the return travel of the Personnel and their
eligible dependents.
(xi)
3. OBLIGATIONS OF THE CONSULTANT
3.1 General The Consultant shall perform the Services and carry out his obligations with all due
diligence, efficiency and economy in accordance with generally accepted
professional techniques and practices and shall observe sound management
practices, and employ appropriate advanced technology and safe methods.
The Consultant shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the Client and shall at all
times support and safeguard the Client’s legitimate interests in any dealing
with Sub consultants or third parties.
1.2 Conflict of
Interests
3.2.1 Consultant (i) The remuneration of the Consultant pursuant to
Not to Clause 6 shall constitute the Consultant’s sole
Benefit from remuneration in connection with this Contract or
Commissions, the Services and the Consultant shall not accept
NATIONAL AIDS CONTROL COUNCIL 59
Discounts, for his own benefit any trade commission,
Etc. discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the
discharge of his obligations under the Contract and the
Consultant shall use his best efforts to ensure that his personnel,
any sub consultant[s] and agents of either of them similarly
shall not receive any such additional remuneration.
(ii)
For a period of two years after the expiration of this Contract,
the Consultant shall not engage and shall cause his personnel as
well as his sub consultant[s] and his/their personnel not to
engage in the activity of a purchaser (directly or indirectly) of
the assets on which he advised the Client on this Contract nor
shall he engage in the activity of an adviser (directly or
indirectly) of potential purchasers of such assets.
(iii) Where the Consultant as part of the Services has the
responsibility of advising the Client on the procurement of
goods, works or services, the Consultant will comply with any
applicable
(xii)
procurement guidelines and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in
the exercise of such procurement shall be for the account of the
Client.
3.2.2 Consultant The Consultant agrees that, during the term of this
and Contract and after its termination, the Consultant
Affiliates and his affiliates, as well as any Subconsultant
Not to be and any of his affiliates, shall be disqualified from
Otherwise providing goods, works or services (other than the
Interested in Services and any continuation thereof) for any
Project project resulting from or closely related to the
Services.
3.2.3 Prohibition Neither the Consultant nor his subconsultant[s]
of nor their personnel shall engage, either directly or
NATIONAL AIDS CONTROL COUNCIL 60
Conflicting
Activities
indirectly in any of the following activities:
(a) during the term of this Contract, any business or professional activities in the Republic of Kenya which would conflict with the activities assigned to them under this Contract; or
(b) after the termination of this Contract, such other
activities as may be specified in the SC.
3.3 Confidentiality The Consultant, his subconsultant[s] and the
personnel of either of them shall not, either during the term of
this Contract or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information
relating to the Project, the Services, this Contract or the Client’s
business or operations without the prior written consent of the
Client.
3.4 Insurance to be The Consultant (a) shall take out and maintain
Taken Out by the and shall cause any subconsultant[s] to take out Consultant and
maintain, at his (or the subconsultants’, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks and for the coverage, as shall
be specified in the SC; and (b) at the Client’s request, shall provide evidence to the Client
showing that such insurance has been taken out
and maintained and that the current premiums have been paid.
(xiii)
3.5 Consultant’s The Consultant shall obtain the Client’s prior
Actions Requiring approval in writing before taking any of the
Client’s Prior following actions;
Approval
(a) entering into a subcontract for the performance of any
part of the Services,
(b) appointing such members of the personnel not listed by
name in Appendix C (“Key Personnel and
Subconsultants”).
3.6 Reporting The Consultants shall submit to the Client the reports
Obligations and documents specified in Appendix A in the form, in the numbers, and
within the periods set forth in the said Appendix.
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3.7 Documents All plans, drawings, specifications, designs, reports and
prepared by other documents and software submitted by the Consult- the
Consult- ant in accordance with Clause 3.6 shall become and ant to Be remain
the property of the Client and the Consultant the Propertyshall, not later than
upon termination or expiration of this of the ClientContract, deliver all such
documents and software to the
Client together with a detailed inventory thereof. The Consultant
may retain a copy of such documents and software. Neither Party
shall use these documents for purposes unrelated to this Contract
without the prior approval of the other Party.
4. CONSULTANT’S PERSONNEL
4.1 Description The titles, agreed job descriptions, minimum qualifica- of Personnel
tions and estimated periods of engagement in the carrying
out of the Services of the Consultant’s Key Personnel are described in
Appendix C. The Key Personnel and Sub consultants listed by title as
well as by name in Appendix C are hereby approved by the Client.
4.2 Removal (a) Except as the Client may otherwise agree, no changes and/or
shall be made in the Key Personnel. If for any reason
Replacement beyond the reasonable control of the Consultant, it
Of Personnel becomes necessary to replace any of the Key
Personnel, the Consultant shall provide as a
replacement a person of equivalent or better
qualifications.
(xiv)
(b) If the Client finds that any of the Personnel have (i)
committed serious misconduct or have been charged
with having committed a criminal action, or (ii) the
Client has reasonable cause to be dissatisfied with the
performance of any of the Personnel, then the
Consultant shall, at the Client’s written request
specifying the grounds thereof, provide as a replacement
a person with qualifications and experience acceptable to
the Client.
(c) The Consultant shall have no claim for additional costs
arising out of or incidental to any removal and/or
replacement of Personnel.
NATIONAL AIDS CONTROL COUNCIL 62
5. OBLIGATIONS OF THE CLIENT
5.1 Assistance and The Client shall use his best efforts to ensure that
Exemptions
he provides the Consultant such assistance and
exemptions as may be necessary for due performance
of this Contract.
5.2 Change in the If after the date of this Contract, there is any
Applicable Law
change in the Laws of Kenya with respect to taxes and duties
which increases or decreases the cost of the Services rendered
by the Consultant, then the remuneration and reimbursable
expenses otherwise payable to the Consultant under this
Contract shall be increased or decreased accordingly by
agreement between the Parties and corresponding
adjustments shall be made to the amounts referred to in
Clause 6.2 (a) or (b), as the case may be.
5.3 Services and Facilities The Client shall make available to the Consultant the Services and Facilities listed under Appendix F.
6. PAYMENTS TO THE CONSULTANT
6.1 Lump-Sum The Consultant’s total remuneration shall not
Remuneration exceed the Contract Price and shall be a fixed lumpsum including all
staff costs, Subconsultants’ costs,
printing, communications, travel, accommodation and the like
and all other costs incurred by the Consultant in carrying out
the
(xv)
Services described in Appendix A. Except as provided in Clause
5.2, the Contract Price may only be increased above the
amounts stated in Clause 6.2 if the Parties have agreed to
additional payments in accordance with Clause 2.4.
6.2 Contract Price (a) The price payable in foreign currency is set forth in the
SC.
(b) The price payable in local currency is set forth in the
SC.
NATIONAL AIDS CONTROL COUNCIL 63
6.3 Payment for For the purposes of determining the remuneration
Additional due for additional services as may be agreed under
Services Clause 2.4, a breakdown of the lump-sum price is
provided in Appendices D and E.
6.4 Terms and Payments will be made to the account of the
Conditions of Consultant and according to the payment
Payment
schedule stated in the SC. Unless otherwise stated in the SC,
the first payment shall be made against the provision by the
Consultant of a bank guarantee for the same amount and shall
be valid for the period stated in the SC. Any other payment
shall be made after the conditions listed in the SC for such
payment have been met and the Consultant has submitted an
invoice to the Client specifying the amount due.
6.5 Interest on Payment shall be made within thirty (30) days of
Delayed receipt of invoice and the relevant documents
Payment specified in Clause 6.4. If the Client has delayed payments
beyond thirty (30) days after the due date hereof, simple
interest shall be paid to the Consultant for each day of delay at
a rate three percentage points above the prevailing Central
Bank of Kenya’s average rate for base lending .
7. SETTLEMENT OF DISPUTES
7.1 Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or its interpretation.
(xvi)
7.2 Dispute Settlement Any dispute between the Parties as to matters arising pursuant to this
Contract that cannot be settled amicably within thirty (30) days
after receipt by one Party of the other Party’s request for such
amicable settlement may be referred by either Party to the
arbitration and final decision of a person to be agreed between
the Parties. Failing agreement to concur in the appointment of
an Arbitrator, the Arbitrator shall be appointed by the
Chairman of the Chartered Institute of Arbitrators, Kenya
Branch, on the request of the applying party.
(xvii)
NATIONAL AIDS CONTROL COUNCIL 64
III. SPECIAL CONDITIONS OF CONTRACT
Number of GC Amendments of and Supplements to Clauses in the
Clause General Conditions of Contract
1.1(i) The Member in Charge is___________________________[name of Member]
is situated at]__________________________________________[insert Consultant’s
address](hereinafter called “the Consultant”) of the other part.
WHEREAS, the Client wishes to have the Consultant perform the Services [hereinafter referred to
as “the Services”, and
WHEREAS, the Consultant is willing to perform the said Services,
NOW THEREFORE THE PARTIES hereby agree as follows:
1. Services (i) The Consultant shall perform the Services specified in Appendix A, “Terms of
Reference and Scope of Services,” which is made an integral part of this Contract.
(ii) The Consultant shall provide the reports listed in Appendix B,
“Consultant’s Reporting Obligations,” within the time periods listed in
such Appendix and the personnel listed in Appendix C, “Cost Estimate
of Services, List of Personnel and Schedule of Rates” to perform the
Services.
2. Term The Consultant shall perform the Services during the period commencing
__________________[Insert start date] and continuing through to________________[Insert
completion date] or any other period(s) as may be subsequently agreed by the parties in writing.
3. Payment A. Ceiling
For Services rendered pursuant to Appendix A, the Client shall pay the
Consultant an amount not to exceed a ceiling of _____________ [Insert
ceiling amount]. This amount has been established based on the
understanding that it includes all of the Consultant’s costs and profits
as
(i)
well as any tax obligation that may be imposed on the Consultant. The
payments made under the Contract consist of the Consultant’s
remuneration as defined in subparagraph (B) below and of the
reimbursable expenditures as defined in sub-paragraph (C) below.
NATIONAL AIDS CONTROL COUNCIL 70
B.
Remuneration
The Client shall pay the Consultant for Services rendered at the rate(s)
per man/month spent (or per day spent or per hour spent, subject to a
maximum of eight hours per day) in accordance with the rates agreed
and specified in Appendix C, “Cost Estimate of Services, List of
Personnel and Schedule of Rates”.
C.
Reimbursables
The Client shall pay the Consultant for reimbursable expenses which shall consist of and be limited to:
(i) normal and customary expenditures for official road and air travel, accommodation, printing and telephone charges; air travel will be reimbursed at the cost of less than first class travel and will need to be authorized by the Client’s coordinator;
(ii) such other expenses as approved in advance by the Client’s
coordinator.
D.
Payment Conditions.
Payment shall be made in Kenya shillings unless otherwise specified not later than thirty {30} days following submission of invoices in duplicate to the Coordinator designated in Clause 4 herebelow. If the Client has delayed payments beyond thirty (30) days after the date hereof, simple interest shall be paid to the Consultant for each day of delay at a rate three percentage points above the prevailing Central Bank of Kenya’s average rate for base lending.
The parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or its interpretation.
4. Project A. Coordinator
Administration
The Client designates _______________________
[Insert name] as Client’s Coordinator; the Coordinator shall be
responsible for the coordination of activities under the Contract, for
receiving and approving invoices
(ii)
for payment and for acceptance of the deliverables by the Client.
NATIONAL AIDS CONTROL COUNCIL 71
B.
Timesheets.
During the course of their work under this Contract, including field work, the Consultant’s employees
providing services under this Contract may be required to complete
timesheets or any other document used to identify time spent as well
as expenses incurred, as instructed by the Project Coordinator.
C.
Records and Accounts
The Consultant shall keep accurate and systematic records and
accounts in respect of the Services which will clearly identify all
charges and expenses. The Client reserves the right to audit or to
nominate a reputable accounting firm to audit the Consultant’s records
relating to amounts claimed under this Contract during its term and
any extension and for a period of three months thereafter.
5. Performance The Consultant undertakes to perform the Services with
Standard
the highest standards of professional and ethical competence and
integrity. The Consultant shall promptly replace any employees
assigned under this Contract that the Client considers unsatisfactory.
6. Confidentiality
The Consultant shall not, during the term of this Contract and within
two years after its expiration, disclose any proprietary or confidential
information relating to the Services, this Contract or the Client’s
business or operations without the prior written consent of the Client.
7. Ownership of Any studies, reports or other material, graphic, software
Material
or otherwise prepared by the Consultant for the Client under the
Contract shall belong to and remain the property of the Client. The
Consultant may retain a copy of such documents and software.
8. Consultant Not The Consultant agrees that during the term of this
to be Engaged Contract and after its termination, the Consultant and
in Certain any entity affiliated with the Consultant shall be
Activities disqualified from providing goods, works or services (other than the Services
or any continuation thereof) for any project resulting from or closely
related to the Services.
9. Insurance The Consultant will be responsible for taking out any appropriate
insurance coverage.
NATIONAL AIDS CONTROL COUNCIL 72
(iii)
10. Assignment
The Consultant shall not assign this Contract or Subcontract any
portion thereof without the Client’s prior written consent.
11. Law Governing The Contract shall be governed by the Laws of Kenya and
Contract and Language
the language of the Contract shall be English Language.
12. Dispute Any dispute arising out of this Contract which cannot be
Resolution amicably settled between the parties, shall be referred by either party
to the arbitration and final decision of a person to be agreed between
the parties. Failing agreement to concur in the appointment of an
Arbitrator, the Arbitrator shall be appointed by the chairman of the
Chartered Institute of Arbitrators, Kenya branch, on the request of the
applying party.
FOR THE CLIENT FOR THE CONSULTANT
Full name; ______________________ Full name ______________________
Appendix A: Terms of Reference and Scope of Services
Appendix B: Consultant’s Reporting Obligation
Appendix C: Cost Estimate of Services, List of Personnel and Schedule of
Rates
NATIONAL AIDS CONTROL COUNCIL 74
(v)
APPENDIX C
Cost Estimate of Services, List of Personnel and Schedule of Rates.
(1) Remuneration of Staff
Name
Rate
(per
month/day/hour in
currency)
Time spent(number
of
month/day/
hour)
Total
(currency)
(a) Team Leader
(b)
(c)
Sub-Total (1)
(2) Reimbursables
Rate Days Total
(a) Air Travel
(b) Road Transportation
(c) Per Diem
Sub-Total (2)
TOTAL COST ___________________________
Physical Contingency ___________________
CONTRACT CEILING ____________________
NATIONAL AIDS CONTROL COUNCIL 75
(vi)
ANNEX III
SAMPLE CONTRACT FOR CONSULTING SERVICES
Small Assignments
Lump-sum payments
SAMPLE CONTRACT FOR CONSULTING SERVICES SMALL
ASSIGNMENTS LUMP-SUM PAYMENTS
CONTRACT
This Agreement, [hereinafter called “the Contract”) is entered into this
NATIONAL AIDS CONTROL COUNCIL 76
_____________[Insert starting date of assignment], by and between
________________________________________[Insert Client’s name] of [or whose registered
office is situated at]____________________________________________[insert Client’s
address](hereinafter called “the Client”) of the one part AND
____________________________________________ [Insert Consultant’s name] of [or whose
registered office is situated at]_____________________________________[insert
Consultant’s address](hereinafter called “the Consultant”) of the other part.
WHEREAS the Client wishes to have the Consultant perform the services [hereinafter referred to
as “the Services”, and
WHEREAS the Consultant is willing to perform the said Services,
NOW THEREFORE THE PARTIES hereby agree as follows:
1. Services (i) The Consultant shall perform the Services specified in Appendix A, “Terms
of Reference and Scope of Services,” which is made an integral part of this Contract.
(ii) The Consultant shall provide the personnel listed in Appendix B,
“Consultant’s Personnel,” to perform the Services.
(iii) The Consultant shall submit to the Client the reports in the form and
within the time periods specified in Appendix C, “Consultant’s
Reporting Obligations.”
2. Term The Consultant shall perform the Services during the period commencing
on_____________ [Insert starting date] and continuing through to_____________ [Insert
completion date], or any other period(s) as may be subsequently agreed by the parties in
writing.
(i)
3. Payment A. Ceiling
For Services rendered pursuant to Appendix A, the Client shall pay the
Consultant an amount not to exceed___ _____________ [Insert
amount]. This amount has been established based on the
understanding that it includes all of the Consultant’s costs and profits
as well as any tax obligation that may be imposed on the Consultant.
NATIONAL AIDS CONTROL COUNCIL 77
B. Schedule of Payments
The schedule of payments is specified below (Modify in order to reflect the output required as described in Appendix C.)
Kshs______________________ upon the Client’s receipt of a copy of this Contract signed by the Consultant;
Kshs______________________ upon the Client’s receipt of the draft report, acceptable to the Client; and
Kshs______________________ upon the Client’s receipt of the final report, acceptable to the Client.
Kshs______________________ Total
C. Payment Conditions
Payment shall be made in Kenya Shillings unless otherwise specified
not later than thirty [30] days following submission by the Consultant
of invoices in duplicate to the Coordinator designated in Clause 4
herebelow. If the Client has delayed payments beyond thirty (30) days
after the due date hereof, simple interest shall be paid to the
Consultant for each day of delay at a rate three percentage points above
the prevailing Central Bank of Kenya’s average rate for base lending.
4. Project A. Coordinator.
The Client designates __________________[insert name] as Client’s
Coordinator; the Coordinator will be responsible for the coordination
of activities under this Contract, for acceptance and approval of the
reports and of other deliverables by the Client and for receiving and
approving invoices for payment.
Administration
B.
Reports.
The reports listed in Appendix C, “Consultant’s Reporting Obligations,” shall be submitted in the course of the
(ii)
assignment and will constitute the basis for the payments to be made
under paragraph 3.
5. Performance The Consultant undertakes to perform the Services with
NATIONAL AIDS CONTROL COUNCIL 78
Standards the highest standards of professional and ethical competence and integrity.
The Consultant shall promptly replace any
employees assigned under this Contract that the Client considers
unsatisfactory.
6. Confidentiality
The Consultant shall not, during the term of this Contract and within
two years after its expiration, disclose any proprietary or confidential
information relating to the Services, this Contract or the Client’s
business or operations without the prior written consent of the Client.
7. Ownership of Any studies, reports or other material, graphic, software
Material
or otherwise prepared by the Consultant for the Client under the
Contract shall belong to and remain the property of the Client. The
Consultant may retain a copy of such documents and software.
8. Consultant Not The Consultant agrees that during the term of this
to be Engaged Contract and after its termination the Consultant and
in certain any entity affiliated with the Consultant shall be
Activities
disqualified from providing goods, works or services (other than the
Services and any continuation thereof) for any project resulting from
or closely related to the Services.
9. Insurance
The Consultant will be responsible for taking out any appropriate
insurance coverage.
10. Assignment
The Consultant shall not assign this Contract or sub-contract any
portion of it without the Client’s prior written consent.
11. Law Governing The Contract shall be governed by the laws of Kenya and
Contract and Language
the language of the Contract shall be English Language.
12. Dispute Any dispute arising out of the Contract which cannot be
NATIONAL AIDS CONTROL COUNCIL 79
Resolution
amicably settled between the parties shall be referred by either party to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the chairman of the Chartered Institute of Arbitrators, Kenya branch, on the request of the applying party.
(iii)
FOR THE CLIENT FOR THE CONSULTANT
Full name; ______________________________ Full name;______________________
Appendix A: Terms of Reference and Scope of Services
Appendix B: Consultant’s Personnel
Appendix C: Consultant’s Reporting Obligations
(v)
NATIONAL AIDS CONTROL COUNCIL 81
LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity
_____________________
_____________________
To:
This is to notify that the contract/s stated below under the above mentioned tender have been
awarded to you.
1. Please acknowledge receipt of this letter of notification signifying your acceptance.
2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter
but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter of this
letter of notification of award.
(FULL PARTICULARS)
SIGNED FOR ACCOUNTING OFFICER
RE: Tender No.
Tender Name
NATIONAL AIDS CONTROL COUNCIL 82
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated
the…day of ………….20……….in the matter of Tender No………..…of …………..20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement
Administrative Review Board to review the whole/part of the above mentioned decision on the
following grounds , namely:-
1.
2. etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2. etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………
SIGNED
Board Secretary
NATIONAL AIDS CONTROL COUNCIL 83
CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
You are requested to give the particulars indicated in Part 1 and either Part 2(a), 2(b) or 2 (c) whichever applied to your type of business
You are advised that it is a serious offence to give false information on this form
Part 2 (a) – Sole Proprietor Your name in full …………………………………………………….. Age ……………………….. Nationality ………………………………… Country of origin ……………………………………. Citizenship details …………………………………………………………………………………….
Part 2 (b) Partnership Given details of partners as follows: Name Nationality Citizenship Details Shares 1. ………………………………………………………………………………………………… 2. ………………………………………………………………………………………………… 3. ………………………………………………………………………………………………… 4. ………………………………………………………………………………………..
Part 2 (c ) – Registered Company Private or Public ………………………………………………………………………………………. State the nominal and issued capital of company- Nominal Kshs. ……………………………… Issued Kshs. ………………………………… Given details of all directors as follows Name Nationality Citizenship Details Shares 1……………………………………………………………………………………………………… 2. …………………………………………………………………………………………………….. 3 ………………………………………………………………………………………………………
Date ………………………………………………….. Signature of Candidate ………………………………..
If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or Registration.
Part 1 – General: Business Name ………………………………………………………………………………………… Location of business premises. ………………………………………………………………………… Plot No………………………………………………… Street/Road ………………………………….. Postal Address ……………….. Tel No. …………………. Fax ………………. E mail ……………. Nature of Business …………………………………………………………………………………….. Registration Certificate No. …………………………………………………………………………… Maximum value of business which you can handle at any one time – Kshs. ………………………… Name of your bankers ……………………………….. Branch ………………………………………
NATIONAL AIDS CONTROL COUNCIL 84
SELF DECLARATION FORMS (r 62)
REPUBLIC OF KENYA
PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA)
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 P. O. 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 hereinabove is true to the best of my knowledge, information and belief.
………………………………. ………………………… ………………………
(Title) (Signature) (Date)
Bidder Official Stamp
NATIONAL AIDS CONTROL COUNCIL 85
FORM SD2
SELF DECLARATION FORMS (r 62)
REPUBLIC OF KENYA
PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA)
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 hereinabove is true to the best of my knowledge information and belief.
………………………………. ………………………… ………………………
(Title) (Signature) (Date)
Bidder’s Official Stamp
NATIONAL AIDS CONTROL COUNCIL 86
5. BANK DETAILS FORM
Provide the following bank details for electronic transfer purposes
Name of the Bidder………………………………………………………………………………………………………………………….
Bank Name …………………………………………………………………………………………………………………………
Bank Branch Name …………………………………………………………………………………………………………………………
Bank Code …………………………………………………………………………………………………………………………
Bank Account ………………………………………………………………………………………………………………............
Bank Signatory(s) …………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
PIN Number …………………………………………………………………………………………………………………………
VAT Number …………………………………………………………………………………………………………………….......
WHEREAS …………………………………… [name of tenderer] (hereinafter called “the tenderer”) has
undertaken, in pursuance of Contract No. [reference number of the
contract] dated 20 to supply ………………………………………………
[Description of goods] (Hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall furnish
you with a bank guarantee by a reputable bank for the sum specified therein as security for
compliance with the Tenderer’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the tenderer a guarantee:
THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
tenderer, up to a total of ………………………. [amount of the guarantee in words and figure] and we
undertake to pay you, upon your first written demand declaring the tenderer to be in default under
the Contract and without cavil or argument, any sum or sums within the limits of ……………………..
[Amount of guarantee] as previously mentioned, without you needing to prove or to show grounds
or reasons for your demand or the sum specified therein.
This guarantee is valid until the day of 20
Signed and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
NATIONAL AIDS CONTROL COUNCIL 88
BANK GUARANTEE FOR ADVANCE PAYMENT FORM
To ………………………………
[name of Procuring entity]
[name of tender] …………………..
Gentlemen and/or Ladies:
In accordance with the payment provision included in the Special Conditions of Contract, which
amends the General Conditions of Contract to provide for advance payment,
…………………………………………………. [name and address of tenderer](hereinafter called “the tenderer”)
shall deposit with the Procuring entity a bank guarantee to guarantee its proper and faithful
performance under the said Clause of the Contract in an amount of …… …………………. [amount of
guarantee in figures and words].
We, the ……………………………. [bank or financial institutions], as instructed by the tenderer, agree
unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the
payment to the Procuring entity on its first demand without whatsoever right of objection on our
part and without its first claim to the tenderer, in the amount not exceeding …………………… [amount
of guarantee in figures and words]
We further agree that no change or addition to or other modification of the terms of the Contract to be performed there-under or of any of the Contract documents which may be made between the Procuring entity and the tenderer, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification.
This guarantee shall remain valid in full effect from the date of the advance payment received by
the tenderer under the Contract until ………… [date].
Yours truly,
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
NATIONAL AIDS CONTROL COUNCIL 89
FORM OF TENDER (To be inserted in FINANCIAL ENVELOP)
Date Tender No. To: [name and address of procuring entity] Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda Nos. ………………………………. [insert numbers].the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply deliver, install and commission ( …………………………………………… (insert equipment description) in conformity with the said tender documents for the sum of …………………………………………………………. (total tender amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver install and commission the equipment in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of equivalent to percent of the Contract Price for the due performance of the Contract , in the form prescribed by ………………. ……………….( Procuring entity). 4. We agree to abide by this Tender for a period of …… [number] days from the date fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. This Tender, together with your written acceptance thereof and your notification of award, shall constitute a Contract, between us. Subject to signing of the Contract by the parties. 6. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this day of 20 [signature] [in the capacity of] Duly authorized to sign tender for an on behalf of