CONSULTANCY SERVICES FOR FEASIBILITY STUDIES AND PRELIMINARY ENGINEERING DESIGN OF KERICHO-AINAMOI- POIYWEK-CHEPKOIYO-KOISEGEM-FORT TERNAN-GILIMORI- KENEGUT BORDER ROAD AND ENGINEERING DESIGN OF ASSOCIATED CIVIL WORKS FOR FIBRE OPTIC CABLE FOR DESIGN BUILD PROJECT DELIVERY (110 KM)

Section 4 - Financial Proposal - Standard Forms
Section 5 – Eligible Countries
Section 6 – Fraud and Corruption
Section 7 - Terms of Reference
Section 8 - Standard Forms of Contract (Lump Sum)
6. Please inform us by 16th April, 2026 in writing at Kenya National Highways Authority, P.O.
Box 49712-00100 Nairobi, or by E-mail procurement@kenha.co.ke and
directorhpd@kenha.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 Sheet
14.1.1).
7. Attention is drawn to the Procurement Regulations requiring the Borrower to disclose
information on the successful Consultant’s beneficial ownership, as part of the Contract
Award Notice, using the Beneficial Ownership Disclosure Form as included in the Request
for Proposals.
8. Details on the proposal’s submission date, time and address are provided in ITC 17.7 and
ITC 17.9.
Yours sincerely,
Deputy Director (Supply Chain Management)
FOR: DIRECTOR GENERAL
Section 2. Instructions to Consultants (ITC) 10
Section 2. Instructions to Consultants and Data Sheet
TABLE OF CONTENT
22. Notification of Results of Technical Evaluation, Opening of /Invitation to Submit
Section 2. Instructions to Consultants (ITC) 11
Section 2. Instructions to Consultants (ITC) 12
Instructions to Consultants
A. General Provisions
1. 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 the Client’s
country, or in such other country as may be specified in
the Data Sheet, as they may be issued and in force from
time to time.
(c) “Bank” means the International Bank for
Reconstruction and Development (IBRD) or the
International Development Association (IDA).
(d) “Borrower” means the Government, Government
agency or other entity that signs the grant agreement
with the Bank.
(e) “Client” means the implementing agency that signs the
Contract for the Services with the selected Consultant.
(f) Client’s Personnel” is as defined in Clause GCC 1.1 (e).
(g) “Consultant” means a legally-established professional
consulting firm or an entity that may provide or
provides the Services to the Client under the Contract.
(h) “Contract” means a legally binding written agreement
signed between the Client 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).
(i) “Data Sheet” means an integral part of the Instructions
to Consultants (ITC) Section 2 that is used to reflect
specific country and assignment conditions to
supplement, but not to over-write, the provisions of the
ITC.
(j) “Day” means a calendar day, unless otherwise
specified as “Business Day”. A Business Day is any
day that is an official working day of the Borrower. It
excludes the Borrower’s official public holidays.
Section 2. Instructions to Consultants (ITC) 13
(k) “Experts” means, collectively, Key Experts, Non-Key
Experts, or any other personnel of the Consultant, Sub-
consultant or Joint Venture member(s).
(l) “Government” means the government of the Client’s
country.
(m) “in writing” means communicated in written form
(e.g. by mail, e-mail, fax, including, if specified in the
Data Sheet, distributed or received through the
electronic-procurement system used by the Client) with
proof of receipt;
(n) “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 Client for the performance of the Contract.
(o) “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 taken into account in the
technical evaluation of the Consultant’s proposal.
(p) “ITC” (this Section 2 of the RFP) means the
Instructions to Consultants that provides the shortlisted
Consultants with all information needed to prepare their
Proposals.
(q) “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.
(r) “Proposal” means the Technical Proposal and the
Financial Proposal of the Consultant.
(s) “RFP” means the Request for Proposals to be prepared
by the Client for the selection of Consultants, based on
the SPD - RFP.
(t) “Services” means the work to be performed by the
Consultant pursuant to the Contract.
(u) “Sexual Exploitation and Abuse” “(SEA)” means the
following:
Sexual Exploitation is defined as any actual or

[]

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