Auto-extracted from the official tender document
Minimum financial criteria bidders must meet
Section 4: Financial Proposal Standard Forms Section 5: Terms of Reference Section 6: Standard Forms of Contract (Lump -Sum) 8. Please inform us in writing at the address below or by E-mail procurement@kenyare.co.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). 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, Group Managing Director Kenya Reinsurance Corporation Limited Reinsurance Plaza, along Aga Khan Walk & Taifa Road, Nairobi, Kenya P.O. Box 30271 – 00100 NAIROBI Telephone: +254 703 083 000 , kenyare@kenyare.co.ke SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET Section 2(a). Instructions to Consultants (ITC) 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 issued 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 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 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. 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 t he 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.
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 outputs and milestones. Nevertheless, quality control of the Consultant's outputs by the Procuring Entity s paramount. Page 49 of 80 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 use d 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 a t the same time. Page 50 of 80 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: Page 51 of 80 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:
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