CONSULTANCY SERVICES FOR ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR COMPLETION OF PHASE I (FLLOCA) WATER PROJECTS IN KWALE COUNTY BY CONSTRUCTING AUXILIARY FACILITIES .

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 by [……….], in writing at the address below or by E-mail [ nsuya@kwale.go.ke]:
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).
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,
NEEMA SIHABA SUYA
CHIEF OFFICER, ENVIRONMENT AND NATURAL RESOURCES
3rd FLOOR, COUNTY HEAD QUARTERS
P.O BOX 4-80403,
KWALE
xxv
SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET
Section 2(a). Instructions to Consultants (ITC)
A. GENERALPROVISIONS
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)
Section2thatisusedtoreflect 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 Section2 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
andwhoisassignedtoperformtheServicesoranypartthereofundertheContractandwhoseCVsarenot
evaluated individually.
p) ―Proposal‖ means the Technical Proposal and the Financial Proposal of the Consultant.
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.
2
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

[]

[{"equipment_type": "2 A price adjustment provision applies to remuneration rates:"}, {"equipment_type": "Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS", "min_quantity": 3}, {"equipment_type": "Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS"}, {"equipment_type": "and 30 %]"}, {"equipment_type": "Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS", "min_quantity": 25}]