TENDER DOCUMENT FOR. PROVISION OF PROPERTY MANAGEMENT SERVICES (Re-advertisement) TENDER NO. KRA/HQS/NCB-051/

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1 ISO 9001:2008 CERTIFIED TENDER DOCUMENT FOR PROVISION OF PROPERTY MANAGEMENT SERVICES (Re-advertisement) TENDER NO. KRA/HQS/NCB-051/ TIMES TOWER BUILDING P.O. BOX TEL: NAIROBI, KENYA. CLOSING DATE: 11 TH JUNE, 2015 TIME: 12:00 NOON

2 TABLE OF CONTENTS Page SECTION I. Letter of Invitation 3 SECTION II. Information to Consultants... 5 Appendix to information to Consultants.. 18 SECTION III Technical Proposal SECTION IV. Financial Proposal SECTION V Terms of Reference SECTION VI. Standard Forms 34 Confidential Business Questionnaire Assignment (Lump-Sum Payments)

3 SECTION I - INVITATION TO TENDER: REQUEST FOR PROPOSALS. 3 DATE TENDER REF NO. KRA/HQS/NCB-051/ TENDER NAME: REQUEST FOR PROPOSALS FOR PROVISION OF PROPERTY MANAGEMENT SERVICES 1.1 The Kenya Revenue Authority invites proposals for the following Consultancy services: PROVISION OF PROPERTY MANAGEMENT SERVICES from registered Estate Agents. The Authority needs to ensure that its premises and facilities are maintained to the highest standards, services are provided efficiently and statutory compliance in property management is maintained and rent collection from the properties is timely. 1.2 The Request for Proposal (RFP) includes the following documents; Section I - Letter of Invitation Section II - Information to Consultants Appendix to Property managers Information Section III - Technical Proposal Section IV - Financial Proposal Section V - Terms of Reference Section VI - Standard Forms 1.3 Interested eligible candidates may obtain further information and inspect the tender documents with detailed Requirements at the office of the: Kenya Revenue Authority - Procurement & Supplies Services Times Tower Building, 25th Floor, P.O Box GPO, Tel address:eprocurement@kra.go.ke Nairobi, Kenya. website: A complete set of tender documents may be obtained by interested candidates upon payment of the non-refundable fee indicated above. Complete sets of tender documents may be obtained by interested bidders upon payment of the non-refundable fee of Kshs.1, (One thousand shillings). The documents can also be viewed and downloaded from the KRA Website and the IFMIS supplier portal: supplier.treasury.go.ke at no fee. Bidders who download the tender documents must forward their particulars immediately for records and communication of any further tender clarifications or addenda to eprocurement@kra.go.ke 1.5 Prices or rates quoted must be inclusive of all taxes and should remain valid for at least One Hundred And Twenty (120) days after the deadline of submission of the tenders.

4 1.6 Request for Proposal to be deposited in the Tender Box located on the Ground Floor, Times Tower Building, Haile Selassie Avenue, Nairobi on or before noon, 11 th June, 2015.Tenders will be opened immediately thereafter in the Convention Centre on the 5th floor, Times Tower Building in the presence of candidates representatives, who choose to attend. 1.7 Completed Tender documents should be submitted in plain sealed envelopes and clearly marked KRA/HQS/NCB-051/ and addressed to: The Commissioner General, Kenya Revenue Authority, Times Tower, P.O Box GPO, Nairobi. 1.8 A pre-proposal Briefing will be held on 3 rd June, 2015 at 10:00 a.m. in the Convention Centre 5th Floor of Times Tower Building. Interested bidders are invited to attend. Tenders must be accompanied by a Bid Security of Kshs.100, in the format specified in the tender documents. 1.9 Kenya Revenue Authority reserves the right to accept or reject any tender without giving reasons thereof and does not bind itself to accept the lowest or any tender. Any canvassing or giving of false information will lead to automatic disqualification For: Commissioner General Kenya Revenue Authority 4

5 SECTION II INFORMATION TO PROPERTY MANAGER Table of Contents Page 2.1 Introduction Clarification and Amendment of RFP Document Preparation of Technical Proposal Financial Proposal Submission, Receipt and Opening of Proposals Proposal Evaluation General Evaluation of Technical Proposal Public Opening and Evaluation of Financial Proposal Negotiations Award of Contract Confidentiality Corrupt or Fraudulent Practices

6 SECTION II: - INFORMATION TO PROPERTY MANAGER 2.1 Introduction The Kenya Revenue Authority will select a property manager among those who respond to the invitation for proposals in accordance with the method of selection detailed under this section and consistent with the regulations The property managers must familiarize themselves with local conditions and take them into account in preparing their proposals. To obtain first hand information on the assignment and on the local conditions, property managers will be encouraged to liaise with the Client regarding any information that they may require before submitting a proposal and to attend a pre-proposal conference where applicable. Property managers should contact the officials named in the Appendix ITC to arrange for any visit or to obtain additional information on the preproposal conference. Property managers should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements Please note that (i) the costs of preparing the proposal and of negotiating the Contract, including any visit to the Client are not reimbursable as a direct cost of the assignment; and (ii) the Client is not bound to accept any of the proposals submitted The procuring entity s employees, committee members, board members and their relative (spouse and children) are not eligible to participate The price to be charged for the tender document shall not exceed Kshs.1,000/= The procuring entity shall allow the tenderer to review the tender document free of charge before purchase. Tender Security The tenderer shall furnish, as part of its tender, a tender security for the amount specified in the Appendix to Invitation to Tenderers. 2.2 The tender security shall be in the amount of per cent of the tender price The tender security is required to protect the Authority against the risk of Tenderer s conduct which would warrant the security s forfeiture, pursuant to paragraph The tender security shall be denominated in Kenya Shillings or in another freely convertible currency, and shall be in the form of:- a) A bank Guarantee. b) Cash. c) Such Insurance Guarantee Approved by the Authority. d) Letter of Credit e) Guarantee by a deposit taking microfinance institution, Sacco Society, Youth Enterprise Development Fund, or Women Enterprise 6

7 Fund Any tender not secured in accordance with paragraph and will be rejected by the Authority as non responsive, pursuant to paragraph Unsuccessful Tenderer s tender security will be discharged or returned as promptly as possible as but not later than thirty (30) days after the expiration of the period of tender validity prescribed by the Authority. The successful Tenderer s tender security will be discharged upon the tenderer signing the contract, pursuant to paragraph 2.27 and furnishing the performance security, pursuant to paragraph The tender security may be forfeited: (a) if a tenderer withdraws its tender during the period of tender validity specified by the Authority on the Tender Form; or (b) in the case of a successful tenderer, if the tenderer fails: (i) to sign the contract in accordance with paragraph 2.27; or (ii) to furnish performance security in accordance with paragraph In preparing the Technical Proposal, property managers are expected to examine the documents constituting this RFP in detail. Material deficiencies in providing the information requested may result in rejection of a proposal. Technical Proposal While preparing the Technical Proposal, property managers must provide the following information a) A background of the firm, highlighting experience, capabilities. Processes and resources relevant to the task. b) A statement of the firm's Human Resources Capacity showing relationships down to the level of actual deployments expected on the Client's assignment. c) A comparison of current and additional Human Resources capacity that would be put into place for the Client's assignment. d) The detailed resource structure specific to the Client's requirement. e) The proposed administrative procedures and processes. This item must be clear because good customer service shall be heavily dependent on the prompt resolution of repair and maintenance problems that arise from the different locations. f) The systems in place should be put in place (specify) for efficient administration and resolution of calls and for reporting status at any time. g) The customer service standards proposed and tools for monitoring. h) The proposed implementation timetable showing clearly the milestone activities and the responsibilities for the Client and the 7

8 Property Manager. The proposal must highlight the key success factors in general and particular financial institutions served. i) Reference sites (three) where similar nature of work has been successfully completed and where the Client would obtain references. j) Detailed relevant experience including customers served before and type of work undertaken The Technical Proposal shall provide the following information using the attached Standard Forms; (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) A brief description of the firm s organization and an outline of recent experience on assignments of a similar nature. For each assignment the outline should indicate inter alia, the profiles of the staff proposed, duration of the assignment, contract amount and firm s involvement. Any comments or suggestions on the Terms of Reference, a list of services and facilities to be provided by the Client. A description of the methodology and work plan for performing the assignment. The list of the proposed staff team by specialty, the tasks that would be assigned to each staff team member and their timing. CVs recently signed by the proposed professional staff and the authorized representative submitting the proposal. Key information should include number of years working for the firm/entity and degree of responsibility held in various assignments during the last ten (10) years. Estimates of the total staff input (professional and support staff staff-time) needed to carry out the assignment supported by bar chart diagrams showing the time proposed for each professional staff team member. A detailed description of the proposed methodology, staffing and monitoring of training, if Appendix A specifies training as a major component of the assignment. Any additional information requested in Appendix A The Technical Proposal shall not include any financial information. 2.4 Preparation of Financial Proposal a) The financial proposal should be clearly detailed to allow adjustments such as inclusion of new properties or retirement of existing ones. 8

9 b) Separately show the property manager's fees as well as a list of expected disbursement expenses. c) Propose an accounting process and framework for reimbursable expenses. d) State validity into the future of the quoted rates and highlight key factors that would form basis for proposing revisions in the future e) Clearly show fixed fees and those dependent on levels of income and activity such as rents. f) The evaluation committee will determine whether the financial proposals are complete (i.e. whether the Tenderer has costed all the items of the corresponding Technical Proposal and correct any computational errors. The cost of any un priced items shall be assumed to be included in other costs in the proposal. In all cases, the total price of the Financial Proposal as submitted shall prevail. g) The firm achieving the highest combined technical and financial score will be invited for negotiations. However, for professional services which are regulated by statutes e.g. law, surveying, valuation, quantity surveying etc due cognizance must be taken into account. For avoidance of doubt the fees shall be as per the relevant statute. In preparing the Financial Proposal, property managers are expected to take into account the requirements and conditions outlined in the RFP documents The Financial Proposal should clearly identify as a separate amount, the local taxes, duties, fees, levies and other charges imposed under the law on the consultants, the sub-property managers and their personnel, unless Appendix ITC specifies otherwise Property managers shall express the price of their services in Percentage of the collections Commissions and gratuities, if any, paid or to be paid by property managers and related to the assignment will be listed in the Financial Proposal submission Form The Proposal must remain valid for 150 days after the submission date. During this period, the consultant is expected to keep available, at his own cost, the professional staff proposed for the assignment. The Client will make his best effort to complete negotiations within this period. If the Client wishes to extend the validity period of the proposals, the property managers shall agree to the extension. 2.5 Submission, Receipt, and Opening of Proposals The original proposal (Technical Proposal and, if required, Financial Proposal; see paragraph 1.2) shall be prepared in indelible ink. It shall contain no interlineations or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initialed by the persons or person authorized to sign the proposals For each proposal, the property managers shall prepare the number of copies indicated in Appendix ITC. Each Technical Proposal and Financial Proposal shall be marked ORIGINAL or COPY as appropriate. If there are any discrepancies between the original and the copies of the proposal, the original shall govern. 9

10 2.5.3 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked TECHNICAL PROPOSAL, and the original and all copies of the Financial Proposal in a sealed envelope clearly marked FINANCIAL PROPOSAL and warning: DO NOT OPEN WITH THE TECHNICAL PROPOSAL. Both envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other information indicated in the Appendix ITC and be clearly marked, DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING COMMITTEE The completed Technical and Financial Proposals must be delivered at the submission address on or before the time and date stated in the Appendix ITC. Any proposal received after the closing time for submission of proposals shall be returned to the respective consultant unopened After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the opening committee. The Financial Proposal shall remain sealed and deposited with a responsible officer of the client department up to the time for public opening of financial proposals. 2.6 Proposal Evaluation General From the time the bids are opened to the time the Contract is awarded, if any consultant wishes to contact the Client on any matter related to his proposal, he should do so in writing at the address indicated in the Appendix ITC. Any effort by the firm to influence the Client in the proposal evaluation, proposal comparison or Contract award decisions may result in the rejection of the consultant s proposal Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. 2.7 Evaluation of Technical Proposal The evaluation committee appointed by the Client shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference. Each responsive proposal will be given a technical score (S t ). A proposal shall be rejected at this stage if it does not respond to important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Appendix ITC. Evaluation of Technical Proposal The evaluation committee appointed by the Client shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria as follows 10

11 2.7.2 Tender Responsiveness Criteria The submission of the following items will be required in the determination of the Completeness of the Bid. Bids that do not contain all the information required will be declared non responsive and shall not be evaluated further. Description of Criteria 1. Submission of Tender Documents Two envelopes bid Power of Attorney 1 Tender Security 2. Company Profile Confidential Business Questionnaire (Dully filled and signed) Certificate of Incorporation/Registration. Practicing License from the professional bodies CR 12 Forms 3. Managerial and Key Personnel Competency Profiles Attach: Curriculum Vitae of the Manager in charge of operations 4. Physical Facilities Physical Address: State if owned or leased and attach copy of title or lease documents and latest utility bill. Equipment and other resources related to the procurement item. 5. Financial Resources Submit: Last 3 years Audited Accounts 6. Experience Experience in services of similar nature. Demonstrate by listing of clients/contracts in last two years. 7. Reputation Submit details of five major client, summary of services rendered, value of contracts and contact person, address and telephone numbers, and letters of reference 8. Social Obligations Submit certificate of compliance for the following; Valid Tax Compliance 2 1 Bidder to attach documentary proof of authority to sign the bid documents on behalf of the bidder. 2 A Current Certificate of Compliance should be sought from the KRA in the case of local suppliers or agents. International bidders will be required to swear an affidavit to the effect that they have complied with taxation requirements in their country. 11

12 Vendor Evaluation Criteria The following criteria will be used in the evaluation of all potential property management consultants. The documents submitted will be evaluated for suitability and awarded marks which will contribute to a maximum 30% of the total tender evaluation. Description of Criteria 1. Company Profile Suitability of Service Provider Submission of Tender document Certificate of incorporation / Registration Practicing or Registration Certificate from Professional bodies Confidential Business questionnaire CR 12 Forms Maximu m Score Cut off Score Managerial and Key Personnel Competency Profiles Qualification of the Manager in charge of operations as relates their ability to manage the contract. CV with more than 5 years Practicing license/professional/registration certificate 3. Physical Facilities Proof of physical Address and Capacity to deliver goods/services 4. Experience No. of Continuous Year of Service Required 5. Reputation Proof of Satisfactory Service. Five Contracts of similar or higher value Social Obligations Proof of having satisfied Key Social Obligations Compliance Certificate Financial Resources Financial Ratios to be Evaluated: Cash and Cash Equivalent : Total Assets (0.5mark) Current Assets : Current Liabilities (0.5mark) Working Capital Or Three Months financial statement for individual consultants (1 mark) Total Score

13 2.8 Public Opening and Evaluation of Financial Proposal After Technical Proposal evaluation, the Client shall notify those property managers whose proposals did not meet the minimum qualifying mark or were considered non-responsive to the RFP and Terms of Reference, indicating that their Financial Proposals will be returned after completing the selection process. The Client shall simultaneously notify the property managers who have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals and stating that the opening ceremony is open to those property managers who choose to attend. The opening date shall not be sooner than seven (7) days after the notification date. The notification may be sent by registered letter, cable, telex, facsimile or electronic mail The Financial Proposals shall be opened publicly in the presence of the consultants representatives who choose to attend. The name of the consultant, the technical scores and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of the public opening The evaluation committee will determine whether the financial proposals are complete (i.e. Whether the consultant has costed all the items of the corresponding Technical Proposal and correct any computational errors. The cost of any unpriced items shall be assumed to be included in other costs in the proposal. In all cases, the total price of the Financial Proposal as submitted shall prevail While comparing proposal prices between local and foreign firms participating in a selection process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shall be allowed a 10% preferential bias in proposal prices. However, there shall be no such preference in the technical evaluation of the tenders. Proof of local incorporation and citizenship shall be required before the provisions of this sub-clause are applied. Details of such proof shall be attached by the Consultant in the financial proposal The formulae for determining the Financial Score (Sf) shall, unless an alternative formulae is indicated in the Appendix ITC, be as follows:- Sf = 100 X FM / F where Sf is the financial score; Fm is the lowest priced financial proposal and F is the price of the proposal under consideration. Proposals will be ranked according to their combined technical (St) and financial (S f ) scores using the weights (T=the weight given to the Technical Proposal: P = the weight given to the Financial Proposal; T + p = I) indicated in the Appendix. The combined technical and financial score, S, is calculated as follows:- S = S t x T % + S f x P %. The firm achieving the highest combined technical and financial score will be invited for negotiations. 13

14 2.8.6 The tender evaluation committee shall evaluate the tender within 15 days from the date of opening the tender Contract price variations shall not be allowed for contracts not exceeding one year (12 months) Where contract price variation is allowed, the variation shall not exceed 10% of the original contract price Price variation requests shall be processed by the procuring entity within 30 days of receiving the request. 2.9 Negotiations Negotiations will be held at the same address as address to send information to the Client indicated in the Appendix ITC. The aim is to reach agreement on all points and sign a contract Negotiations will include a discussion of the Technical Proposal, the proposed methodology (and work plan), staffing and any suggestions made by the firm to improve the Terms of Reference. The Client and firm will then work out final Terms of Reference, staffing and bar charts indicating activities, staff periods in the field and in the head office, staff-months, logistics and reporting. The agreed work plan and final Terms of Reference will then be incorporated in the Description of Services and form part of the Contract. Special attention will be paid to getting the most the firm can offer within the available budget and to clearly defining the inputs required from the Client to ensure satisfactory implementation of the assignment Unless there are exceptional reasons, the financial negotiations will not involve the remuneration rates for staff (no breakdown of fees) Having selected the firm on the basis of, among other things, an evaluation of proposed key professional staff, the Client expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, the Client will require assurances that the experts will be actually available. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. If this is not the case and if it is established that key staff were offered in the proposal without confirming their availability, the firm may be disqualified The negotiations will conclude with a review of the draft form of the Contract. To complete negotiations the Client and the selected firm will initial the agreed Contract. If negotiations fail, the Client will invite the firm whose proposal received the second highest score to negotiate a contract. 14

15 2.9.6 The procuring entity shall appoint a team for the purpose of the negotiations Award of Contract The Contract will be awarded following negotiations. After negotiations are completed, the Client will promptly notify other property managers on the shortlist that they were unsuccessful and return the Financial Proposals of those property managers who did not pass the technical evaluation The selected firm is expected to commence the assignment on the date and at the location specified in Appendix ITC The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer To qualify for contract awards, the tenderer shall have the following: (a) (b) (c) (d) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being procured. Legal capacity to enter into a contract for procurement Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing. Shall not be debarred from participating in public procurement Confidentiality Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the property managers who submitted the proposals or to other persons not officially concerned with the process, until the winning firm has been notified that it has been awarded the Contract Corrupt or Fraudulent Practices The procuring entity requires that the property managers observe the highest standards of ethics during the selection and award of the consultancy contract and also during the performance of the assignment. The tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices. 15

16 The procuring entity will reject a proposal for award if it determines that the consultant recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question Further a consultant who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya. Appendix to Information to Property managers (ITC) The following information for procurement of consultancy services and selection of property managers shall complement or amend the provisions of the information to consultants, wherever there is a conflict between the provisions of the information to property managers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the information to consultants. Clause Reference 2.1 The name of the Client is: KENYA REVENUE AUTHORITY P.O. BOX TEL: eprocurement@kra.go.ke NAIROBI, KENYA The method of selection is: COMPETITIVE BIDDING BASED ON QUALIFICATIONS AND COST Technical and Financial Proposals are requested: YES _ No _ The name, objectives, and description of the assignment are: PROVISION OF CONSULTANCY SERVICES FOR PROPERTY MANAGEMENT A pre-proposal conference will be held on Wednesday, 3 rd June, 2015 at am on 5 th Floor at the Convention Centre, Times Tower Building. The name(s), address(es) and telephone numbers of the Client s official (s) are: GRACE MURICHU-KARIUKI (MRS) AG. DEPUTY COMMISSIONER- PROCUREMENT & SUPPLIES SERVICES P.O. BOX TEL: FAX: eprocurement@kra.go.ke 16

17 MR. JOHN KARIMI AG. DEPUTY COMMISSIONER- ADMINISTRATION & LOGISTICS DIVISION P.O. BOX TEL: The Client will provide the following inputs: All data statistics and information required for the assignment These RFP documents are to be sold at a cost of Kenya shillings one thousand only (Kshs.1,000.00).The documents can also be downloaded from the KRA Website at no fee. Bidders who download the tender documents must forward their particulars immediately for records and communication of any further tender clarifications or addenda to eprocurement@kra.go.ke The original and all copies of the Technical proposal shall be placed in a sealed envelope clearly marked TECHNICAL PROPOSAL, and the original and all copies of the financial proposal in a sealed envelope duly marked FINANCIAL PROPOSAL. Both envelopes shall be placed in an outer envelope and sealed. This outer envelope shall bear the title PROVISION OF CONSULTANCY SERVICES FOR PROPERTY MANAGEMENT. The address to send information to the Client is: COMMISSIONER GENERAL KENYA REVENUE AUTHORITY TIMES TOWER BUILDING HAILE SELASSIE AVENUE P.O. BOX TEL: eprocurement@kra.go.ke NAIROBI, KENYA. 17

18 SECTION III: TECHNICAL PROPOSAL Notes on the preparation of the Technical Proposals 3.1 In preparing the technical proposals the consultant is expected to examine all terms and information included in the RFP. Failure to provide all requested information shall be at the property managers own risk and may result in rejection of the consultant s proposal. 3.2 The technical proposal shall provide all required information and any necessary additional information and shall be prepared using the standard forms provided in this Section. 3.3 The Technical proposal shall not include any financial information unless it is allowed in the Appendix to information to the property managers or the Special Conditions of contract. 3.4 The technical proposal shall contain the following:- i. Submission letter ii. Particulars of the consultant firm or consultant including Curriculum vitae (CV) iii. Professional Registration Certificate or Practising License (Mandatory) iv. Comments and suggestions of the consultant on the terms of reference, personnel, facility and other requirements to be provided by the procuring entity. v. Description of the methodology and work plan for performing the assignment vi. Any proposed Client s staff to assist in the assignment. vii. Consultancy services activities times schedule. viii. Valid Tax Compliance Certificate (Mandatory) ix. Duly completed Confidential Business Questionnaire (Mandatory) 18

19 SECTION III - TECHNICAL PROPOSAL Table of Contents Page 1 Technical Proposal Submission Form Firms References Comments and Suggestions of Property managers on the Terms of Reference and on Data, Services and Facilities to be provided by the procuring entity Description of the Methodology and Work Plan for performing the Assignment Team Composition and Task Assignments 28 6 Format of curriculum vitae (CV) for Proposed Professional Staff 29 19

20 1. TECHNICAL PROPOSAL SUBMISSION FORM To: [Name and address of Client) Ladies/Gentlemen: [ Date] We, the undersigned, offer to provide the consulting services for [Title of consulting services] in accordance with your Request for Proposal dated [Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal sealed under a separate envelope. We understand you are not bound to accept any Proposal that you receive. We remain, Yours sincerely, [Authorized Signature]: [Name and Title of Signatory]: [Name of Firm]: [Address]: 20

21 2. FIRM S REFERENCES Relevant Services Carried Out in the Last Five Years That Best Illustrate Qualifications Using the format below, provide information on each assignment for which your firm either individually, as a corporate entity or in association, was legally contracted. Assignment Name: Country: Location within Country: Professional Staff provided by Your Firm/Entity(profiles): Name of Client: Clients contact person for the assignment: Address: No of Staff-Months; Duration of Assignment: Start Date (Month/Year) Completion Date (Month/Year) Approx. Value of Services (Kshs.) 21

22 Name of Associated Consultants. If any: No of Months of Professional Staff provided by Associated Consultants: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed: Narrative Description of project: Description of Actual Services Provided by Your Staff: Firm s Name: Name and Title of Signatory; 22

23 3. COMMENTS AND SUGGESTIONS OF PROPERTY MANAGERSON THE TERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT (SECTION V). Responses/Comments should be given in the same order as contained under Section V (Terms of Reference), using the same sub-headings and numbering: 23

24 4 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT 24

25 5. TEAM COMPOSITION AND TASK ASSIGNMENTS 1. Technical/Managerial Staff Name Position Task 2. Support Staff Name Position Task 25

26 6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF Proposed Position: Name of Firm: Name of Staff: Profession: Date of Birth: Years with Firm: Nationality: Membership in Professional Societies: Detailed Tasks Assigned: Key Qualifications: [Give an outline of staff member s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations]. Education: [Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree[s] obtained.] Employment Record: 26

27 [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.] Certification: I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience. Date: [Signature of staff member] Date: [Signature of authorized representative of the firm] Full name of staff member: Full name of authorized representative: 27

28 SECTION VI: - FINANCIAL PROPOSAL FORMAT OF FINANCIAL PRESENTATION Description of fees Charged Detailed description Amount Property Management 1. Letting of vacant spaces 2. Renewal of expired 3. Fees on rent collection 4. Re-letting fees Fees in %age Amount VAT Inclusive Frequency Once Monthly Monthly More Details Annual rent for new tenant leases Once Annual rent Gross Monthly Collections 5. Finder s fee Once 6. Parking fees 7. Project Management 8. Property Management Fees 9. Repair / maintenance costs 10 Other Costs. Please specify Monthly Per property Monthly Continuous Gross monthly service charge amount Gross Monthly parking charges Overall project cost Other Costs: Amount / %age

29 1. FINANCIAL PROPOSAL SUBMISSION FORM [Date] To: [Name and address of Client] Ladies/Gentlemen: We, the undersigned, offer to provide the consulting services for ( ) [Title of services] in accordance with your Request for Proposal dated ( ) [Date] and our Proposal. Our attached Financial Proposal is for the sum of ( ) [Amount in words and figures] inclusive of the taxes. We remain, Yours sincerely, [Authorized Signature]: [Name and Title of Signatory]: [Name of Firm]: [Address]: 29

30 SECTION V: - TERMS OF REFERENCE 5.1 Introduction Terms of Reference are the initial statement to the Property managers of the services to be performed and contains the following sections: Objectives of the Assignment Detailed Scope & Responsibility for the property manager Time Schedules Cleaning Services Maintenance Contracts Renovation & Repairs Accounting & Reporting Sub-Contracting 5.2 Objectives of the assignment The objectives of this assignment are: Identify a service provider to whom the Client can outsource its property management in line with specific task objectives. Provide data for tendering for provision of the said services where a suitable service provider can be identified. Provider will be given responsibility of managing client owned property. Payment and reconciliation of land rent and rates. Payment of licenses for signage and utility bills. Administration of leases for letting space. Preparation of management reports. Rent collection where check off is not applicable and maintenance of service charge registers. Contracting and supervising of all repairs/renovations in the various properties and stations. Supervision of contractors identified by the Client. 30

31 These will include providers for lift maintenance services, air conditioners, guarding services, cleaning services and tea services. Carry out market rent surveys and negotiate rents payable. Issuing of letters of offer and follow-up of lease preparation to the end. Any other services ordinarily provided by a Property Management Company. 5.3 Detailed Scope & Responsibilities for the Property Manager Letting space Projections and collection of rent and service charge where check off is not applicable. Maintenance of rent and service charge registers Preparation of management reports Prepare annual expense budgets Carrying out annual Market Rent surveys and negotiating of rents Payments for licenses for signage Payment of land rent and rates Payment of utility bills i.e. water and electricity Liaise with client s lawyers and resolve any legal matters Contracting and supervision of all repairs, cleaning and guard services Contracting and supervision of maintenance services of lifts, air conditioners etc Interpretation, negotiation of lease terms and administration of leases Preparation of annual rent payable Must prepare annual expense budgets for the subject properties Repairs and renovations including maintenance of signage and Fascia signs 31

32 5.4 Time Schedules KRA wishes to commence this program within the month of 1 st July, The tentative time scale program is as follows: Cleaning Services The Contractor will be expected to perform the following cleaning services:- a) Normal cleaning and dusting of carpet, chairs and curtains. b) Cleaning and maintenance of plants and gardens. c) Fumigation and pest control. d) Sanitary and toiletry services. e) Cleaning of signage, fascia signs and garbage collection. Evaluation of service quality in accordance with the agreed Service Level. 5.6 Maintenance Contracts Maintenance will include servicing and repairs of Generators, Lifts, Air Conditioners and Fire Safety Equipment. a) Ensure downtime is kept to the minimum. b) Maintenance and repair costs are at the minimum. c) Quality of service is the top notch. d) Prompt settlement of bills. All service level agreements shall be entered into for the above services. Sub-providers of services will be contracted by the agent but will be vetted by the Client. 5.7 Renovations & Repairs Provide the following services: - a) Minor electrical repairs and replacement of bulbs b) Plumbing repairs and replacements. c) Re-painting/redecoration and replacement of damaged floor tiles, doors, door locks etc. d) Leakage repairs. e) Carry out regular inspections to ensure sub-contracted service providers are performing at optimum levels. f) In conjunction with the client develop a maintenance policy and program. 32

33 g) Carry out an initial assessment of repair/renovation requirements for all facilities and present. h) Detailed report for action. i) Prepare repair/renovation specifications and obtain client allocation of float cash j) Prepare comprehensive annual maintenance budgets. The property manager will be required to contract service providers for the above services, in conjunction and under the guidelines of the Client s services policy. For capital works, the property manager will prepare specifications and bills of quantities in consultation with the Client s Services department which will be used for going to tender. The results of the tender and recommendation of the property manager will be forwarded to the Client for approval before commencement of the works. 5.8 Accounting & Reporting The property manager shall provide periodic reports as agreed on all the aspects of the Facilities and property management services, that shall include but not limited to, rent schedules, VAT report, and Occupancy, debtors and expenses reports. 5.9 Sub-Contracting In proposing to undertake the services requested in this ITT the property manager is entitled to sub-contract part of the services to a third party on long term basis. However the Client shall not enter, or be construed to enter into any contractual relationship with such third parties. The property manager must also fully disclose the full identity, the proposed relationships and contractual relationship with the proposed subcontractor. 33

34 SECTION VI: STANDARD FORMS CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM You are requested to give the particulars indicated in Part 1; either Part 2(a), 2(b) or 2 (c) whichever applied to your type of business; and Part 3. You are advised that it is a serious offence to give false information on this form. Part 1 General 1.1 Business Name 1.2 Location of Business Premises. 1.3 Plot No. Street/Road.. Postal Address. Tel No...Fax... E mail Nature of Business: Registration Certificate No. 1.6 Maximum Value of Business which you can handle at any one time Kshs. 1.7 Name of your Bankers.. Branch Part 2 (a) Sole Proprietor 2a.1 Your Name in Full. Age. 2a.2 Nationality Country of Origin. Citizenship Details Part 2 (b) Partnership 2b.1 Given details of Partners as follows: 2b.2 Name, Nationality, Citizenship, Details Shares

35 Part 2 (c ) Registered Company 2c.1 Private or Public 2c.2 State the Nominal and Issued Capital of Company- Nominal Kshs.. Issued Kshs.. 2c.3 Given details of all Directors as follows NameNationalityCitizenshipDetailsShares Part 3 Eligibility Status 3.1 Are you related to an Employee, Committee Member or Board Member of Kenya Revenue Authority? Yes No 3.2 If answer in 3.1 is YES give the relationship Does an Employee, Committee Member, Board Member of Kenya Revenue Authority sit in the Board of Directors or Management of your Organization, Subsidiaries or Joint Ventures? Yes No 3.4 If answer in 3.3 above is YES give details Has your Organization, Subsidiary Joint Venture or Sub-contractor been involved in the past directly or indirectly with a firm or any of it s affiliates that have been engaged by Kenya Revenue Authority to provide consulting services for preparation of design, specifications and other documents to be used for procurement of the goods under this invitation? Yes No 35

36 3.6 If answer in 3.5 above is YES give details Are you under a declaration of ineligibility for corrupt and fraudulent practices? YES No 3.8 If answer in 3.7 above is YES give details: (a) Have you offered or given anything of value to influence the procurement process? Yes No (b) Have you been requested to pay any inducement to any member of the Board, Management, Staff and/or employees and/or agents of Kenya Revenue Authority, which is the procuring entity? Yes No (c ) Have your servants and/or agents offered any inducement to any member of the Board, Management, Staff and/or employees and/or agents of Kenya Revenue Authority. Yes No 3.10 If answer in 3.9 a, b or c above is YES give details: I DECLARE that the information given on this form is correct to the best of my knowledge and belief. Date.. Signature of Candidate.. If a Kenya Citizen, indicate under Citizenship Details whether by Birth, Naturalization or registration. 36

37 STANDARD FORM OF CONTRACT FOR LARGE ASSIGNMENTS (LUMP- SUM PAYMENTS). REPUBLIC OF KENYA STANDARD FORM OF CONTRACT FOR CONSULTING SERVICES Large Assignments (Lump- Sum payment) 37

38 CONTENTS Special Notes Contract for Consultant s Services I Form of Contract v II General Conditions of Contract vii 1. General Provisions vii 1.1 Definitions viii 1.2 Law Governing the Contract. viii 1.3 Language viii 1.4 Notices viii 1.5 Location ix 1.6 Authorized Representatives ix 1.7 Taxes and Duties ix 2. Commencement, Completion, Modification and Termination of Contract.... ix 2.1 Effectiveness of Contract ix 2.2 Commencement of Services ix 2.3 Expiration of Contract ix 2.4 Modification ix 2.5 Force Majeure x Definition x No Breach of Contract x Extension of Time x Payments x 2.6 Termination x By the Client x By the Consultant xi Payment upon Termination xii 3. Obligations of the Consultant. xii 3.1 General xii 3.2 Conflict of Interests xiii Consultant Not to Benefit from Commissions, Discounts, etc xiii Consultant and Affiliates Not to Be Otherwise Interested in Project... xiv Prohibition of Conflicting Activities xiv 3.3 Confidentiality xiv 3.4 Insurance to be Taken Out by the Consultant xiv 3.5 Consultant s Actions Requiring Client s Prior Approval xv iii iv

39 3.6 Reporting Obligations xv 3.7 Documents Prepared by the Consultant to Be the Property of the Client... xv 4. Consultant s Personnel... xv 4.1 Description of Personnel... xv 4.2 Removal and/or Replacement of Personnel xvi 5. Obligations of the Client. xvi 5.1 Assistance and Exemptions xvi 5.2 Change in the Applicable Law xvi 5.3 Services and Facilities.. xvii 6. Payments to the Consultant.. xvii 6.1 Lump-Sum Remuneration xvii 6.2 Contract Price. xvii 6.3 Payment for Additional Services. xvii 6.4 Terms and Conditions of Payment... xvii 6.5 Interest on Delayed Payments xviii 7. Settlement of Disputes.. xviii 7.1 Amicable Settlement xviii 7.2 Dispute Settlement xviii III Special Conditions of Contract xix IV Appendices xxi Appendix A Description of the Services Appendix B Reporting Requirements. Appendix C Key Personnel and Sub consultants. Appendix D Breakdown of Contract Price in Local Currency Appendix E Services and Facilities Provided by the Client xxi xxi xxi xxiii xxiii ii

40 Special Notes 1 The Lump-Sum price is arrived at on the basis of inputs including rates provided by the Consultant. The Client agrees to pay the Consultant according to a schedule of payments linked to the delivery of certain outputs, usually reports. 2. The Contract includes four parts: Form of Contract, the General Conditions of Contract, the Special Conditions of Contract and the Appendices. The Client using this standard contract should not alter the General Conditions. Any adjustment to meet any specific project features should be made only in the Special Conditions. iii

41 CONTRACT FOR CONSULTANT S SERVICES Large Assignments (Lump-Sum Payments) between [name of the Client] AND [name of the Consultant] Dated: [date] iv

42 FORM OF CONTRACT Large Assignments (Lump-Sum Payments) This Agreement (hereinafter called the Contract ) is made the ) day of the month of [month], [year], between, [name of client] of [or whose registered office is situated at [location of office] (hereinafter called the Client ) of the one part AND [name of consultant] of [or whose registered office is situated at] [location of office](hereinafter called the Consultant ) of the other part. WHEREAS (a) (b) the Client has requested the Consultant to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter called the Services ); the Consultant, having presented to the Client that he has the required professional skills and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract; NOW THEREFORE the Parties hereto hereby agree as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) (b) (c) The General Conditions of Contract; The Special Conditions of Contract; The following Appendices: [Note: If any of these Appendices are not used, they should be deleted from the list] Appendix A: Description of the Services Appendix B: Reporting Requirements Appendix C: Key Personnel and Sub consultants Appendix D: Breakdown of Contract Price in Foreign Currency Appendix E: Breakdown of Contract Price in Local Currency Appendix F: Services and Facilities Provided by the Client v

43 2. The mutual rights and obligations of the Client and the Property managers shall be as set forth in the Contract; in particular: (a) (b) The Consultant shall carry out the Services in accordance with the provisions of the Contract; and The Client shall make payments to the Consultant in accordance with the provisions of the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. For and on behalf of [name of client] [full name of Client s authorised representative [title] [signature] [date] For and on behalf of [name of consultant] [full name of Consultant s authorized representative] [title] [signature] [date] vi