CONSULTANCY SERVICES FOR A FRAMEWORK AGREEMENT FOR FINAL SURVEY AND VESTING OF VARIOUS LAND PARCELS FOR NATIONAL LAND COMMISSION FOR A PERIOD OF TWO YEARS

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: FINAL SURVEY AND VESTING OF VARIOUS LAND PARCELS
Contract No.:
Contract Description:
Between
NATIONAL LAND COMMISSION [Name of the Procuring Entity]
and
[Name of the Consultant]
Date:
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I. 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”).]
We understand that the contract may be duplicated by a further _________ number of assignments within the
Republic of Kenya, subject to negotiations on any additional costs that may be incurred as a result of performing the
assignment in different locations”.
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;

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