REQUEST FOR PROPOSALS (RFP) FOR PROVISION OF TRANSACTION ADVISORY SERVICES FOR ROAD SECTOR PROJECTS (DETAILED FEASIBILITY STUDY FOR MOMBASA - NAIROBI (A8) ROAD FOR IMPLEMENTATION ON A PPP FRAMEWORK)

Section 4: Financial Proposal Standard Forms
Section 5: Terms of Reference
Section 6: Standard Forms of Contract (Lump-Sum)
8. Please inform us within five days, in writing at the address below or by E-mail procurement@PPPkenya.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).
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,
Cyrell Odede,
Principal Secretary, State Department for Public Investments and Assets Management
P.O BOX 30007-00100, Nairobi-Kenya
Telephone No: +254-20 3225000
procurement@PPPkenya.go.ke
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SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET
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) Section2 that
is used 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 Section 2 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
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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 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

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