Auto-extracted from the official tender document
Minimum financial criteria bidders must meet
SECTION 4. FINANCIALPROPOSAL - STANDARD FORMS form fin-1: financial proposal submission form 37 form fin-2: summary of costs 38 form fin-3a: breakdown of remuneration 39 form fin 3b: consultant's representations regarding costs and charges 40 form 3c: form for consultant's representations regarding costs 41 form fin 3d: breakdown of remuneration rates 42 form fin-4 breakdown of reimbursable 43 SECTION 5. TERMS OF REFERENCE 44 SECTION 6. CONDITIONS OF CONTRACTAND CONTRACT FORMS 50 SECTION 7: GENERAL CONDITIONS OF CONTRACT 53 SECTION 8: SPECIAL CONDITIONS OF CONTRACT 64 SECTION 9: APPENDICES 65 SECTION 10. NOTIFICATION FORMS 72 BENEFICIAL OWNERSHIP DISCLOSURE FORM 76 2 | Pa ge C2: CBK - Official SECTION 1 -INVITATION TO REQUEST FOR PROPOSAL (RFP) 1. The Banki Kuu Pension Scheme 2012 invites sealed bids from qualified custodial firms to participate in RFP for Provision of Custody Services to Banki Kuu Pension Scheme 2012 for a period of three years n- effective 1st July 2026. 2. Further information as pertaining to this Proposal may be obtained during working hours (Monday to Friday) between 9:00am and 5:00pm using the following address: The Pensions Administrator, Banki Kuu Pension Scheme 2012 Tel: +254 2861200-23, located on the eleventh floor of CBK Pension Towers, Harambee Avenue, Nairobi, E-mail: supplies@centralbank.go.ke. 3. The Procuring Entity may engage one or more lowest evaluated firms to provide custodial services at its discretion and in the best interest of its members. 4. Tender documents may be obtained electronically from the CBK Pension Website www.cbkpension.co.ke or PPIP Website www.tenders.go.ke. Tender documents obtained electronically will be free of charge. 5. Tenderers who download the tender document must forward their particulars immediately to supplies@centralbank.go.ke to facilitate any further clarification or addendum. 6. The Technical Proposal and Financial Proposal are to be put in different envelopes clearly marked “Technical Proposal and Financial Proposal” and sealed in one envelope. Completed request for proposal documents should then be deposited in the Blue Tender Box at the entrance to Pension Secretariat offices on the eleventh floor of CBK Pension Towers, Harambee Avenue, Nairobi, so as to be received on or before 27th April 2026 at 10:30am. 7. The Technical Proposal will be opened immediately after the closing time i.e. 27th April 2026 at 10:30am in the Pensions Secretariat Board Room located on eleventh floor CBK Pension Towers, Harambee Avenue, Nairobi. Interested tenderers or their representatives may attend the tender opening. The Financial Proposals will be opened upon finalization of the Technical Proposal evaluation. 8. RFP’s must be accompanied by a tender security of Kshs 100,000.00 valid for 170 days from date of tender opening. Failure to attach the tender securing form will lead to automatic rejection of the proposal. 9. The method of selection to be adopted for this RFP is Quality and cost-based selection 10. Details on the proposal's submission date, time and address are provided in the ITC 17.7and ITC 17.9 of the Data Sheet. THE PENSIONS ADMINISTRATOR, BANKI KUU PENSION SCHEME 2012 3 | Pa ge C2: CBK - Official 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.
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. 49 | Pa ge C2: CBK - Official 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: 50 | Pa ge C2: CBK - Official FORM OF CONTRACT - LUMP-SUM 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: a) The Consultant shall carryout the Services in accordance with the provisions of the Contract; and
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