Auto-extracted from the official tender document
Minimum financial criteria bidders must meet
i) Are legally and financially autonomous, ii) Operate under commercial law, and iii) Are not dependent agencies of the Public Sector As an exception to (e) above, when the services of government-owned universities or research centers or other institutions in Kenya are of unique and exceptional nature including because of the absence of a suitable private sector alternative, and their participation is critical to project implementation, the Procuring Entity may agree on the hiring of those institutions on a case-by- case basis. On the same basis, university professors or scientists from research institutes can be contracted individually. f) Government officials and civil servants shall not be short listed or hired under consulting contracts either as individuals or as members of the team of experts proposed by a consulting firm. 8. As a general Rule 9. The Procuring Entity shall not deny participation in a short-listing or selection process or award to a consultant for reasons unrelated to: i) Its capability and resources to successfully perform the contract; or ii) The conflict of interest situations. iii) The Procuring Entity shall not require consultants to form associations with any specific firm or group of firms or include any particular individual in their proposals, but may encourage association with qualified national firms. 10. Advertising The EOI shall be published in the dedicated government's advertising tender portal, in the PE's website and at least one daily newspaper of country wide circulation as provided in the Act. Applicants shall be given adequate number of days to per use the TOR and make any enquiries to enable them respond to the EOI.Usually14daysis considered adequate, since no proposals are expected. The notice will advise on when the applications will be closed. The Procuring Entity must open the applications at the place and time indicated in the EOI. Late applications may not be necessarily rejected, since these are not proposals or tenders. ix 11. Preparation of Applications The applications shall at least pay particular attention to providing all the information required in the EOI. The Procuring Entity has no control of how much the application will contain but shall determine what information is relevant/not relevant. Applicants have a tendency of including too much information to impress the Procuring Entity; so, it will be responsibility of the PE to remove or separate fat from the meat, assuming what is wanted is meat. 12. Opening of applications The Procuring Entity shall publicly open and read out all applications received by the deadline, at the date, time and place specified in the EOI Notice, in the presence of the applicants, designated representatives who chooses to attend. TABLE 1 - OPENING OF APPLICATIONS No. Name of Consultant Sole/ JV/ Association/ Consortium Country 1. E.g. Twiga Grates of Joint Venture: Twiga Grates of Kenya, BETA Kenya/Italy / Kenya Cops SRL of Italy; Z&A Consultants Cyprus International Ltd of Cyprus. 2 3 4 5 6 7 8 9 ETC. 13. The Evaluation Committee will follow the following steps. 13.1 This document, “SHORTLISTING GUIDELINES AND SCORING SHEETS” for the Assignment will be circulated in advance to each Member of Evaluation Committee for their prior information and comments, if any. 13.2 The Evaluators will start together by completing Table 2 - Examination for eligibility, to establish the list of eligible applicants and putting this list in Table3–Firms that passed the Eligibility Criteria, thus eliminating the inherent risk of waste of timing scanning through applications of non-qualified applicants. The Procuring Entity will get list of firms debarred by PPRA and circulate to Evaluators. Note that the tables below are guidelines and the Procuring Entity can devise own guidelines provided they are rational and will lead to selection of qualified applicants. x TABLE 2 – EXAMINATION FOR ELIGIBILITY The Applicants will be examined for eligibility on the following basis. Those who do not qualify will not be subjected to more detailed evaluation. ELIGIBILITY CRITERIA APPLICANT’S NUMBER 1 2 3 4 5 6 7 8 10 Etc. 1 The Firm is from an Eligible country i.e. The Firm is not from a country that Kenya prohibits commercial relations with that country, including those sanctioned by the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. 2 The firm’s line of business fits in with the requirements of the assignment. 3 If a firm is a state enterprise: a. Firm is Legally autonomous - a legal entity is separate from the state government and any public administration. b. Firm is Financially autonomous - not receiving any significant subsidies or budget support from any public entity or government. c. Firm is Operating under commercial law - means being vested with legal rights and liabilities similar to any commercial enterprise. d. Firm is not a dependent agency of the Kenya Government. 4 Firm is not debarred from participating in procurement by PPRA or by any National agency or an International Organization. The Key
This Section includes the forms that are to be completed by the shortlisted consultants and submitted in accordance with the requirements of Section 2. These forms shall not be amended but issued as they in the RFP. iv) Section 4: Financial Proposal–Standard Forms This Section includes the financial forms that are to be completed by the short listed consultants, including the consultant's costing of its technical proposal, which are to be submitted in accordance with the requirements of Section 2. These forms shall not be amended but issued as they are in the RFP. v) Section 5: Terms of Reference (TORs) This Section describes the scope of services, objectives, goals, specific tasks required to implement the assignment, and relevant background information; provides details on the required qualifications of the key experts; and lists the expected deliverables. This Section shall not be amended. vi) Section 6: Conditions of Contract and contract forms This Section includes a preface to describe the applicable types of contracts, two types of standard contract forms for large or complex assignments: A Time-Based Contract and a Lump-Sum Contract. The Preface shall not be modified. Each type of contract includes General Conditions of Contract (“GCC”) that shall not be modified by the Procuring Entity or by a Shortlisted Firm or Tenderer, and the Special Conditions of Contract (“SCC”) that’s hallbemodifiedbytheProcuringEntitytoincludeclausesspecifictoeachcontract to supplement the General Conditions. The SCC clauses shall also not be added or removed or amended by the Shortlisted firm. vii) Section 7: General Conditions of Contract viii) Section 8: Special Conditions of Contract ix) Section 9: Appendices and x) Section 10: Notification Forms These Sections contains forms which, once completed, will form part of the Contract. The forms, when required, shall only be completed by the Procuring Entity and successful firm after Contract award. xxi This Page is the beginning of the Request for Proposals Document to be issued to the Bidders NAME, LOGO AND ADDRESS OF THE PROCURING ENTITY NAME AND IDENTIFICATION OF CONTRACT STANDARD REQUEST FOR PROPOSAL FOR SELECTION OF CONSULTING FIRMS (1) NAME AND CONTACT ADDRESSES OF PROCURING ENTITY xxiii SECTION 1 (A) - REQUEST FOR PROPOSAL (RFP) Date: Reference No.: Name of Assignment: TO: [Note to Procuring Entity: Insert Name and Address of Consultant. In case of a Joint Venture (JV), indicate the full name of the JV and the names of each member] Dear Messrs. 1. The [insert name of Procuring Entity] has set aside funds in its budget or has received financing 2. The Procuring Entity now invites proposals to provide the following consulting services (here in after called “the services”): …………………………………………………………………... [insert: name of consulting services assignment]. More details on the Services are provided in Section 8 Terms of Reference. 3. This Request for Proposals (RFP) has been addressed to the following Consulting Firms: 4. 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. 5. It is not permissible to transfer this RFP to any other firm. 6. A firm will be selected under [insert: Selection Method] method 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. 7. The: 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]) 8. Please inform us by [insert date], in writing at the address below or by E-mail [insert e-mail address]: 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 Sheet14.1.1). 9. 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, [Insert name of accounting officer [Insert title of the accounting officer] [Insert physical, postal address, street address, postal code, city and country] [Insert country code and telephone number] [Insert email address] xxiv SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET Section 2(a). Instructions to Consultants (ITC) [Notes to the Procuring Entity: this part of Section2, Instructions to Consultants, shall not be modified. Any necessary changes, to address specific issues, to supplement, but not over-write, the provisions of the Instructions to Consultants (ITC), shall be introduced through the Data Sheet only. This “Notes to the Procuring Entity” should be deleted from
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