REQUEST FOR PROPOSAL DOCUMENT CONSULTANCY SERVICES FOR CUSTOMER SATISFACTION SURVEY FOR PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA)

Transcription

1 REQUEST FOR PROPOSAL DOCUMENT CONSULTANCY SERVICES FOR CUSTOMER SATISFACTION SURVEY FOR PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) TENDER NO. PPRA/23/ SUBMISSION DEADLINE 11 TH APRIL, 2017 AT A.M. 10 TH FLOOR, NATIONAL BANK BUILDING HARAMBEEAVENUE P.O. BOX TEL: FAX: /377 NAIROBI, KENYA Website: 1

2 TABLE OF CONTENTS SECTION I - LETTER OF INVITATION 3 SECTION II INFORMATION TO CONSULTANTS (ITC).4 1. General Provisions - Definitions 2.1 Introduction 2.2 Clarification and amendment of RFP document 2.3 Preparation of Technical Proposal 2.4 Financial proposal 2.5 Submission, Receipt and opening of proposals 2.6 Proposal evaluation general 2.7 Evaluation of Technical proposal 2.8 Public opening and Evaluation of financial proposal 2.9 Negotiations 2.10 Award of Contract 2.11 Confidentiality 2.12 Corrupt or fraudulent practices APPENDIX TO INFORMATION TO CONSULTANTS 9 SECTION III: - TECHNICAL PROPOSAL Technical proposal submission form 2. Firms references 3. Comments and suggestions of Consultants on the Terms of reference and on data, services and Facilities to be provided by PPRA and PPRA 4. Description of the methodology and work plan for performing the assignment 5. Team composition and Task assignments 6. Format of curriculum vitae (CV) for proposed Professional staff 7. Activity Time Schedule for the Assignment SECTION IV: - FINANCIAL PROPOSAL Financial proposal submission Form 2. Breakdown of price SECTION V: - TERMS OF REFERENCE.25 SECTION VI SECTION VII SECTION VIII - FORM OF CONTRACT 30 - GENERAL CONDITIONS OF CONTRACT.32 - SPECIAL CONDITIONS OF CONTRACT 40 APPENDICES.41 2

3 SECTION I - LETTER OF INVITATION Date 21st March 2017 TO: (Name and Address of Consultants) Dear Sir/Madam, RE: REQUEST FOR PROPOSALS FOR CUSTOMER SATISFACTION SURVEY CONSULTANCY SERVICES FOR THE PUBLIC PROCUREMENT REGULATORY AUTHORITY PPRA invites Proposals from interested eligible firms to provide Consultancy Services to Develop a Research Strategy. Details of the required information can be downloaded FREE OF CHARGE from or Prices quoted should be net inclusive of all taxes, must be expressed in Kenya shillings and shall remain valid for a period of 120 days from the closing date of the Proposal. Each copy of technical and financial proposal shall be paginated serially, prior to submission. Tenders must be accompanied by a Tender Security of Kenya Shillings Thirty Thousand Only (Kshs 30,000) in form of a guarantee from a reputable bank or an insurance company approved by PPRA payable to the Director-General, Public Procurement Regulatory Authority. Completed tender documents MUST be enclosed in plain sealed envelopes, marked with the Tender Number and Name and be deposited in the tender box provided at PPRA Offices, 10 th floor, National Bank Building, Harambee Avenue, Nairobi addressed to: The Director-General, Public Procurement Regulatory Authority, P. O. Box , NAIROBI So as to be received on or before Tuesday, 11 th April 2017 at AM. Tenders will be opened immediately thereafter in the presence of the tenderers representatives who choose to attend the opening at the Board Room, 10 th floor, National Bank Building, Harambee Avenue. You are informed that it is not permissible to transfer this invitation to any other Consultant. A consultant will be selected under Quality Cost Based Selection (QCBS) described in this RFP, in accordance with the policies established in the Public Procurement and Asset Disposal Act [PPDA] 2015 PPRA reserves the right to accept or reject any tender and may annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers. DIRECTOR-GENERAL 3

4 SECTION II INFORMATION TO CONSULTANTS (ITC) 2.0. General Provisions - Definitions (i) (ii) Client means the Public Procurement Regulatory Authority (PPRA). Consultant means the firm that has signed the contract with PPRA. (iii) Contract means a legally binding written agreement signed between PPRA and the Consultant and includes all the attached documents listed in Conditions of Contract. (iv) Personnel 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 shortlisting the Consultant s invited to submit proposals. (v) Non-Key Personnel means an individual professional provided by the Consultant who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually. (vi) Proposal means the Technical and Financial Proposal of the Consultant. (vii) Services means the work to be performed by the Consultant pursuant to the Contract. (viii) TORs means the Terms of Reference that explain the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of PPRA and the Consultant, and expected results and deliverables of the assignment. 2.1 Introduction The Client named in the Appendix to ITC will select a firm among those invited to submit a proposal, in accordance with the method of selection detailed in the appendix The Consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Appendix ITC for consulting services required for the assignment named in the said Appendix. A Technical Proposal only may be submitted in assignments where PPRA intends to apply standard conditions of engagement and scales of fees for professional services which are regulated as is the case with Building and Civil Engineering Consulting services. In such a case the highest ranked firm of the technical proposal shall be invited to negotiate a contract on the basis of scale fees. The proposal will be the basis for Contract negotiations and ultimately for a signed Contract with the selected firm The Consultants must familiarize themselves with local conditions and take them into account in preparing their proposals. To obtain firsthand information on the assignment and on the local conditions, Consultants are 1

5 encouraged to liaise with PPRA regarding any information that they may require before submitting a proposal and to attend a pre-proposal conference where applicable. Consultants should contact the officials named in the Appendix ITC to arrange for any visit or to obtain additional information on the pre-proposal conference. Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements PPRA will provide the inputs specified in the Appendix ITC, assist the firm in obtaining licenses and permits needed to carry out the services and make available relevant project data and reports Please note that (i) the costs of preparing the proposal and of negotiating the Contract, including any visit to PPRA are not reimbursable as a direct cost of the assignment; and (ii) PPRA is not bound to accept any of the proposals submitted PPRA s employees, committee members, board members and their relative (spouse and children) are not eligible to participate The price to be charged for the RFP document shall not exceed Kshs.1,000/= The procuring entity shall allow the tenderer to review the RFP document free of charge before purchase. 2.2 Clarification and Amendment of RFP Documents Consultants may request a clarification of any of the RFP documents only up to seven [7] days before the proposal submission date. Any request for clarification must be sent in writing by paper mail, or electronic mail to PPRA s address indicated in the Appendix ITC. PPRA will respond by electronic mail to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited Consultants who intend to submit proposals At any time before the submission of proposals, PPRA may for any reason, whether at his own initiative or in response to a clarification requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by mail, cable, telex or facsimile to all invited Consultants and will be binding on them. PPRA may at his discretion extend the deadline for the submission of proposals. 2.3 Preparation of Technical Proposal The Consultants proposal shall be written in English language In preparing the Technical Proposal, Consultants 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. 2

6 2.3.3 While preparing the Technical Proposal, Consultants must give particular attention to the following: (i) If a firm considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual consultant(s) and/or other firms or entities in a joint venture or sub-consultancy as appropriate. Consultants shall not associate with the other Consultants invited for this assignment. Firms associating in contravention of this requirement shall automatically be disqualified. In all cases the shortlisted firm must ensure that proposed key staffs are not appearing on the proposal of any other shortlisted firm. Firms with proposed key staff in contravention of this requirement shall automatically be disqualified. (ii) For assignments on a staff-time basis, the estimated number of professional stafftime is given in the Appendix. The proposal shall however be based on the number of professional staff-time estimated by the firm. (iii) It is desirable that the majority of the key professional staff proposed be permanent employees of the firm or has an extended and stable working relationship with it. (iv) Proposed professional staff must as a minimum, have the experience indicated in the Appendix to Information to Consultants, preferably working under conditions similar to those prevailing in Kenya. (v) Alternative professional staff shall not be proposed and only one Curriculum Vitae (CV) may be submitted for each position The Technical Proposal shall provide the following information using the attached Standard Forms; (i) (ii) 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 PPRA. (iii) A description of the methodology and work plan for performing the assignment. (iv) The list of the proposed staff team by specialty, the tasks that would be assigned to each staff team member and their timing. (v) 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. 3

7 (vi) 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. (vii) A detailed description of the proposed methodology, staffing and monitoring of training, if Appendix A specifies training as a major component of the assignment. (viii) Any additional information requested in Appendix A The Technical Proposal shall not include any financial information. 2.4 Preparation of Financial Proposal In preparing the Financial Proposal, Consultants are expected to take into account the requirements and conditions outlined in the RFP documents. The Financial Proposal should follow Standard Forms (Section D). It lists all costs associated with the assignment including; (a) remuneration for staff (in the field and at headquarters), and; (b) reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of documents, surveys, and training, if it is a major component of the assignment. If appropriate these costs should be broken down by activity 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-consultants and their personnel, unless Appendix A specifies otherwise Consultants shall express the price of their services in Kenya Shillings Commissions and gratuities, if any, paid or to be paid by Consultants and related to the assignment will be listed in the Financial Proposal Submission Form The Proposal must remain valid for 120 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. PPRA will make his best effort to complete negotiations within this period. If PPRA wishes to extend the validity period of the proposals, the Consultants shall agree to the extension. 2.5 Submission, Receipt, and Opening of Proposals The original proposal Technical Proposal and, if required, Financial Proposal; 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. 4

8 2.5.2 For each proposal, the Consultants shall prepare the number of copies indicated in Appendix A. 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 The Tenderer is required to serialize all pages for each bid submitted 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 is 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 PPRA 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 PPRA 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 PPRA 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, applying the evaluation criteria as indicated in the Appendix to information to consultants. Each responsive proposal will be given a technical score (St). Actual score points are provided in the Appendix ITC. 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. 5

9 2.8 Public Opening and Evaluation of Financial Proposal After Technical Proposal evaluation, PPRA shall notify those Consultants whose proposals did not meet the minimum qualifying mark or were considered nonresponsive to the RFP and Terms of Reference, indicating that their Financial Proposals will be returned after completing the selection process. PPRA shall simultaneously notify the Consultants 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 Consultants 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. PPRA 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 (Sf) 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 = St x T % + Sf x P %. The firm achieving the highest combined technical and financial score will be invited for negotiations The tender evaluation committee shall evaluate the tender within 30 days from the date of opening the tender Contract price variations shall not be allowed for contracts not exceeding one year (12 months). 6

10 2.8.8 Where contract price variation is allowed, the variation shall not exceed 10% of the original contract price Price variation requests shall be processed by PPRA within 30 days of receiving the request. 2.9 Negotiations Negotiations will be held at the same address as address to send information to PPRA 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 (work plan), staffing and any suggestions made by the firm to improve the Terms of Reference. PPRA 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 PPRA 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, PPRA expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, PPRA will require assurances that the experts will be actually available. PPRA 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 PPRA and the selected firm will initial the agreed Contract. If negotiations fail, PPRA will invite the firm whose proposal received the second highest score to negotiate a contract PPRA shall appoint a team for the purpose of the negotiations Award of Contract The Contract will be awarded following negotiations. After negotiations are completed, PPRA will promptly notify other Consultants on the shortlist that they were unsuccessful and return the Financial Proposals of those Consultants who did not pass the technical evaluation. 7

11 The selected firm is expected to commence the assignment on the date and at the location specified in Appendix A 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 PPRA may at any time terminate procurement proceedings prior to notification of tender award and shall not be liable to any person for the termination PPRA shall give notice of the termination to all persons who submitted tenders of the termination within fourteen days of termination and such notice shall contain the reason for termination To qualify for contract awards, the tenderer shall have the following: (a) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being procured. (b) Legal capacity to enter into a contract for procurement (c) 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. (d) 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 Consultants 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 PPRA requires that the Consultants 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/she has not and will not be involved in corrupt or fraudulent practices PPRA 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. 8

12 APPENDIX TO INFORMATION TO CONSULTANTS The following information for procurement of consultancy services and selection of Consultants shall complement or amend the provisions of the information to Consultants, wherever there is a conflict between the provisions of the information and to Consultants and the provisions of the appendix, the provisions of the Appendix herein shall prevail over those of the information to Consultants. Clause Reference The name of client is: Public Procurement Regulatory Authority The method of selection is: Quality and Cost Based (QCBS) Technical and Financial Proposals are requested: Yes The name, objectives, and description of the assignment are: To carry out a customer satisfaction survey for the Public Procurement Regulatory Authority A pre-proposal conference will be held: NO All enquiries regarding the RFP and the assignment can be made to: The name(s), address(es) and telephone numbers of PPRA s official(s) are: Corporate Services Manager National Bank Building, 11 th Floor P. O. Box NAIROBI Tel: +254 (020) Facsimile: +254 (020) , , info@ppoa.go.ke PPRA will provide the following inputs: The PPRA will make available to the Consultants, the following data, documents and information: (i) The Public Procurement and Disposal Act, 2005, the Public Procurement and Asset Disposal Act 2015 (ii) The Authority s current annual report (iii) The Authority s Strategic Plan (iv) An introduction letter (v) Any other relevant documents, so requested. The Authority will also make arrangements will relevant government offices the consultants will be collecting information from; if need be. The Consultants will be responsible for their office accommodation, computers, logistics/transport, office equipment/stationery and furniture and all operational requirements. 9

13 Additional information in the Technical Proposal includes: NONE Price Charged for RFP Document: NO CHARGE Consultants may request a clarification of any of the RFP documents only up to seven [7] days before the proposal submission date The estimated number of professional staff months required for the assignment is; 2 months Training is a specific component of this assignment: No Reimbursable expenses costs Not Applicable Taxes: All applicable taxes to be included in the Financial Proposals Consultants must submit an original and additional ONE (1 No.) copies of the technical proposal. Consultants must submit an original and additional ONE (1 No.) copies of the financial proposal The proposal submission address is: The Director-General Public Procurement Regulatory Authority National Bank Building P. O. Box NAIROBI PROPOSALS TO BE DEPOSITED IN THE TENDER BOX ON 10 TH FLOOR, NATIONAL BANK BUILDING, HARAMBEE AVENUE. Information on the outer envelope should also include: The Director General Public Procurement Regulatory Authority 11 th Floor, National Bank Building, Harambee Avenue P.O. Box Nairobi, KENYA. and the information; PROPOSAL FOR CUSTOMER SATISFACTION SURVEY CONSULTANCY SERVICES (RFP PPRA/23/ ) and clearly marked, DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING COMMITTEE Proposals must be submitted no later than the following date and time:, 11 th APRIL 2017 at A.M The address to seek any information to PPRA is: 10

14 Corporate Services Manager National Bank Building, 11 th Floor P. O. Box NAIROBI Tel: +254 (020) Facsimile: +254 (020) , , The Tender Processing Committee shall evaluate the proposals on the basis of their responsiveness to the Mandatory Requirements of the RFP and Terms of Reference, applying the evaluation criteria as follows: A. Preliminary Evaluation Criteria (Mandatory Requirements) The tenderer must: (i) Submit the required number of copies of both the technical and financial proposals (ii) Submit certificate of registration/incorporation (iii) Submit a valid tax compliance certificate (iv) Submit a dully filled Technical Proposal Submission Form,, Activity (Work) Schedule Form, Firm s References Form (v) Submit a bid bond/security of Kshs 30,000 from a reputable bank or an insurance company approved by PPRA. (vi) Provide a self declaration that they are not debarred from participating in Public Procurement. (vii) Provide a self declaration that they will not engage in any corrupt practice (viii) serialize all pages for each bid submitted (ix) Submit a joint venture agreement where applicable. NB: Only bidders who pass the preliminary stage will proceed to technical evaluation. B. Technical Evaluation Criteria The proposals shall be evaluated using the following criteria and score points: (A) Criteria, sub-criteria, and point system for the evaluation of the Technical Proposals are: Points (i) Three years experience in related project 10 (ii) Five similar assignments 5 (iii) Adequacy of the proposed methodology and work plan in responding to the Terms of Reference: (a) Technical approach and methodology 10 11

15 (b) Work plan 10 (c) Organization and staffing 5 Total points for criterion (A): 40 (B): Key professional staff experience, qualifications and competence for the assignment: (a) Team Leader 20 (b) Associate consultant 10 (c) Support consultant 1 10 (d) Support consultant 2 10 (e) Support consultant 3 10 Total points for criterion (iii) 60 TOTAL (TECHNICAL) POINTS (A+B) FOR THE FIVE CRITERIA: 100 The minimum Technical Points (TP) required to pass is: 70 Points All firms that score 70% and above will be termed qualified and their financial proposals will be opened. Financial proposals for bidders who do not attain the minimum score will be returned unopened including bidders disqualified at preliminary The minimum technical score required to qualify for financial evaluation shall be 70 Marks (C) The Financial Proposal Evaluation. The Financial proposals of qualified firms will be opened and checked for any arithmetical errors and any anomalies The opening date of the financial proposal shall be the date indicated in the notification letter Alternative formulae for determining the financial scores is the following: N/A The Combined Technical And Financial Scores Shall Be Determined Using The Formula In Clause The Weights Given To The Technical And Financial Proposals Are: T= 0.70 P= 0.30 The Winning Bidders May Be Invited By The Authority For Negotiations The assignment is expected to commence immediately after the signing of the contract. 12

16 SECTION III: - TECHNICAL PROPOSAL Notes on the preparation of the Technical Proposals TECHNICAL PROPOSAL FORMS The Consultant shall complete this form and submit it as part of the Consultant s proposal, attaching all technical submissions as required in paragraphs 2-7 herein and the technical proposal forms provided. 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 consultants 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. The Technical proposal shall not include any financial information unless it is allowed in the Appendix to information to the consultants or the Special Conditions of contract. 1. TECHNICAL PROPOSAL SUBMISSION FORM REF NO RFP PPRA/23/ ) Dated TO: The Director General Public Procurement Regulatory Authority 11 th Floor, National Bank Building, Harambee Avenue P.O Box Nairobi, Kenya. Dear Sir, REF: TECHNICAL PROPOSAL SATSFACTION SURVEY. TO DEVELOP CONSULTANCY FOR CUSTOMER We, the undersigned, offer to provide the Customer Satisfaction survey consulting services for the Public Procurement Regulatory Authority in accordance with your request for proposals dated [insert date]. We are hereby submitting our Technical Proposal, in response to your invitation to us to submit a technical proposal and a financial proposal. We hereby declare that: 13

17 (a) All the information and statements made in this Technical Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by PPRA. (b) Our Proposal shall be valid and remain binding upon us for the period of 120 days from the date of submission. (c) We have no conflict of interest as indicated in Section 7-9 of the Information to Consultants. (d) In competing for (and, if the award is made to us, in executing) the Contract, we undertake to observe the laws against fraud and corruption, including bribery, in force in the country of Kenya (e) We undertake to negotiate a Contract on the basis of the technical proposal to carry out the assignment. We accept that there will be no substitution of key personnel for reasons, other than those stated in Section 7-9 of the Information to Consultants which may lead to the termination of Contract negotiations and even the contract itself. (g) Our Proposal is binding upon us and it is subject to any modifications resulting from the Contract negotiations. We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services related to the assignment no later than the date indicated in the negotiated contract. We understand that PPRA is not bound to accept any Proposal that PPRA it receives. We remain, Yours Sincerely, Authorized Signature Name of Consultant Address Contact phone Contact address): STAMP OR SEAL ********* 14

18 2. FIRM S REFERENCES Relevant Services Carried Out in the Last Five Years That Best Illustrate Qualifications Provide a section on the profile of the firm, including relevant experience on services carried out over the last five years, indicating the actual contracts carried out, the estimated costs, and their references (person who can be contacted, telephone number and address). Using the format below, provide information on each assignment (not less than three assignments) for which your firm either individually, as a corporate entity or in association, was legally contracted and provide supporting documentary evidence. Assignment Name: Country Location within Country: Name of Client: Professional Staff provided by Your Firm/Entity(profiles): Clients contact person for the assignment. Address: Start Date (Month/Year): Completion Date (Month/Year): No of Staff-Months; Duration of Assignment: Approx. Value of Services (Kshs) 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; 15

19 3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BY PPRA. Provide and justify here any modifications or improvement to the Terms of Reference to improve performance in carrying out the assignment, such as deleting some activity you consider unnecessary, or adding another, or proposing a different phasing of the activities. Such suggestions should be concise and to the point, and incorporated in your Proposal. Also provide comments on counterpart staff and facilities to be provided by PPRA to improve performance in carrying out the assignment. On the Terms of Reference: On the data, services and facilities to be provided by PPRA: DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT Provide a section on Approach, Methodology and Work plan for performing the assignment that should include: (a) (a) (b) Technical Approach and Methodology, Work Plan, and Organization and Staffing, (a) Technical Approach and Methodology. In this chapter the Consultant should explain your understanding of the objectives of the assignment, approach to the services, 16

20 methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Consultant should highlight the problems being addressed and their importance, and explain the technical approach the Consultant would adopt to address them. The Consultant should also explain the methodologies proposed to adopt and highlight the compatibility of those methodologies with the proposed approach. (b) Work Plan. In this chapter the Consultant should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by PPRA), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports and tables to be delivered as final output, should be included here. The work plan should be consistent with the ACTIVITY (WORK) SCHEDULE FORM on Paragraph 6 below. (c) Organization and Staffing. In this chapter the Consultant should propose the structure and composition of the Consultant s team. The Consultant should list the main disciplines of the assignment, the key personnel responsible, and proposed technical and support staff. In addition to describing the structure and composition of the Consultant s team, the Consultants shall summarize it on the Staffing Form below. 5. TEAM COMPOSITION AND TASK ASSIGNMENTS STAFFING FORM Name of Key Personnel 1 Team Leader 2 Associate Consultant 3 Support consultant 1 4 Support consultant 2 5 Support consultant 3 Name of Non-Key Personnel Position Tasks Time required for assignment (days) 6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF 17

21 The Consultant shall provide a signed CV of each of the Key Personnel on the Format of Curriculum Vitae for individual Consultants outlined below. (a) Identification 1. Full Names: (End with Family Name) 2. Date of birth: 3. Nationality 4. Marital status: 5. Years of Working experience: from to 6. Present Position 7. Key Personnel position in the Proposal (b) Education Institution / Dates Degree(s) or Diploma(s) obtained: (c) Language skills Indicate competence on a scale of 1 to 3 (1 -excellent; 2 Good, 3 - Fair) Language Reading Speaking Writing (d) Membership of Professional Bodies Provide information Professional Bodies that the staff belongs, including year of enrollment. (e) (i) (ii) Key qualifications/skills and experience (List e.g.) Extensive experience in procurement of works, goods and services, i.e. preparation of annual procurement plans and budgets, preparation of bidding and proposal documents, preparation and/or review of bid and proposal evaluations, contract negotiations. Management of procurement contracts, and technical review and auditing. 18

22 (iii) (f) (etc.) Employment record Provide information on employment starting with present position going back for every employment held since graduation, giving for each employment dates of employment, name of employer, positions held and tasks of the employment. Highlight information on employment tasks that best illustrate staff capability to handle the tasks under the assignment. (g) Professional experience If the staff member has worked as a consultant, provide work experience and assignments carried out using the format of the form below. No Date (from to) Location/ Country Company & reference person Position Description Assignment of (h) Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year Full name of authorized representative: 7. ACTIVITY TIME SCHEDULE FOR THE ASSIGNMENT The Consultant will prepare an activity schedule that will take care of all phases of the assignment, i.e. document review, field work and assembling of information and writing the reports. The Consultant will organize work Teams and time table to complete this field work, including all associated travel/field costs. To this end, the Consultant will prepare an activity that would closely follow (but not necessarily be same as) the Aactivity (Work) Schedule Format below. The Consultant should derive these activities from the TOR, e.g. sampled contracts, Inception Report, field work, monthly reports, draft report, final report, etc. in sufficient detail. The TOR envisages about 5 travel clusters. A few shading examples are provided for easy reference on the Table below. 19

23 Activity (Work) Schedule Format) ACTIVITY 1 Submit Inception Report Numbe r of Staff require d Number of Weeks required WEEK Submit draft one of the customer satisfaction survey 3 Submit Draft two of the customer satisfaction survey 4 Submit final draft of the customer satisfaction survey 5 Submit Final 5 printed copies of the customer satisfaction level report and soft copy in word and PDF Page 20 of 48

24 SECTION IV: - FINANCIAL PROPOSAL The Consultant shall complete this form and submit it as part of the Consultant s proposal, attaching all financial submissions as required herein and in the financial proposal forms provided. 1. FINANCIAL PROPOSAL SUBMISSION FORM REF NO RFP PPRA/23/ Dated TO: The Director General Public Procurement Regulatory Authority 11 th Floor, National Bank Building, Harambee Avenue P.O Box Nairobi, Kenya. Dear Sir, REF: FINANCIAL PROPOSAL CUSTOMER SATISFACTION SURVEY FOR THE PUBLIC PROCUREMENT REGULATORY AUTHORITY (a) We, the undersigned, offer to provide the consulting services for customer satisfaction survey consultancy services for the Public Procurement Regulatory Authority in accordance with your request for proposals dated [insert date] and our Technical Proposal. We are hereby submitting our Financial Proposal, in response to your invitation to us to submit a technical proposal and a financial proposal. Our attached Financial Proposal is for the sum of (In words) Shillings (In figures) Shillings... This amount is inclusive of all taxes levied in Kenya or in other countries, which shall be identified during negotiations and shall be added to the contract price. (b) Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. Proposals must remain valid for 120 days after the submission date as indicated in the instructions to Consultants. (c) No commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are allowed in our price proposal. 21

25 (d) We understand you are not bound to accept any Proposal you receive. We remain, Yours Sincerely, Authorized Signature Name of Consultant Address Contact phone Contact address): STAMP OR SEAL ********* 22

26 2. BREAKDOWN OF CONTRACT PRICE (All costs in Kenya Shillings inclusive of all taxes, insurances, overheads and profit). (a) Fee Remuneration KEY PERSONNEL POSITION Rate Per Day 1 Team Leader 2 Associate consultant 3 Support consultant 1 4 Support consultant 2 5 Support consultant 2 NON-KEY PERSONNEL Time input in days for Part I Time input in days for Part II Total time input (days) total cost comments (if any) SUB-TOTAL A XXXXX 23

27 (b) Reimbursable Costs (Not Applicable) ITEM TOTAL COST (KSH) 1 Hotel costs, Per diems and subsistence allowances 2 Local Transport costs 3 International and local flights 4 Communication costs 5 Drafting, reproduction of copies of final reports, including for meetings and workshop 6 Use of computers, software, Equipment, instruments, materials, supplies, etc. 7 Office rent, clerical assistance, etc. 8 Miscellaneous expenses 9 Insurance cover 10 Other (specify if any) 11 Other (specify if any) 12 Other (specify if any) 13 Other (specify if any) 14 Other (specify if any) 15 Other (specify if any) SUB-TOTAL B xxxxxxx TOTAL COST FOR A+B xxxxxxx Add for Profit and overheads xxxxxxx TOTAL COST CARRIED TO FINANCIAL xxxxxxx SUBMISSION FORM COMMENTS (if any) Total cost from Tables (b) (in words)....) Signed (Consultant) Date. Page 24 of 48

28 SECTION V: - TERMS OF REFERENCE TERMS OF REFERENCE (TOR s) FOR PUBLIC PROCUREMENT REGULATORY AUTHORITY S (PPRA) CUSTOMER SATISFACTION SURVEY 1. BACKGROUND 1.1 The public procurement function is critical in the achievement of national social and economic goals through the laid out blue prints. The procurement function must therefore be efficient and facilitative towards ensuring timely realization of the laid down goals of national interest. While doing this, cognizant must be taken of the complexities of international and regional trading agreements, adoption of electronic procurement systems, increasing product choices in the market, rapidly changing technological environment and the international requirements of migration to green public procurement. These emerging issues require continuous and focused research towards informing public policy. 1.2 The enactment of the new Public Procurement and Asset Disposal Act, 2015 (the Act) to give effect to Article 227 of the Constitution of Kenya promulgated in 2010; has massively changed the mandate of the Public Procurement Oversight Authority (PPOA) as it largely assumes the regulatory function which has transited to Public Procurement Regulatory Authority (PPRA). 1.3 This therefore calls for the Authority to provide quality services on each and every aspect of the mandate of the Authority ensuring high level customer satisfaction in order to achieve its corporate goals. The Authority recognizes that its customers, staff and general public deserve respect, dignity and fair treatment. PPRA conducted a baseline survey in 2010 to determine its customer satisfaction level. The survey returned a baseline index of 76%. The Authority carried out a follow-up survey in 2012 whose findings were duly implemented. PPRA intends to acquire the services of a consultant to conduct a customer satisfaction survey with a proposed action plan responsive to the new PPRA s mandate as provided for under the Act 2. OBJECTIVE 2.1 Overall objective The overall objective of the survey is to determine customers overall satisfaction with the services offered by PPRA. Further, PPRA wishes to identify priorities that require specific interventions in a bid to improve its corporate image and service delivery. 2.2 Specific objectives 25

29 Identify the expectations and requirements of PPRA customers Determine the extent to which PPRA is meeting the expectations of its customers and identify gaps if any. Develop a composite measure of customer satisfaction and use it to determine the overall rating of the current level of satisfaction Identify the customer satisfaction index. Identify customer perception on speed and quality of service, accessibility, courtesy, information on services and adherence to commitments set out in the service charter. Identify and priorities areas of customer concerns that require immediate attention. Establish standards to gauge improvement in the identified priority areas. Identify all the service delivery challenges and propose recommendations for improvement 3. SCOPE OF WORK 3.1 Generally the consultants will be expected to review the relevant documents on the functions of the Authority including the Constitution of Kenya, 2010, the Public Procurement and Asset Disposal Act, 2015, attendant Regulations and the Authority s Reports amongst others. The consultant should also conduct interviews with relevant stakeholders towards ensuring that the survey findings are adequate. 3.2 More specifically, the consultants specific tasks of the consultancy will include to: (i) Undertake a situational analysis of the customers survey operations and processes at the Authority to date and identify the survey needs/gaps; (ii) Undertake relevant stakeholder/customer mapping and analysis in the Authority s survey processes and outline their information needs; (iii) Through a consultative process with the Authority s identified customers and application of an appropriate tool (s) of analysis, identify critical survey areas ; (iv) Present the draft survey instrument(s) to the Director General before commencement of the survey exercise. (v) Conduct a series of interviews and discussions with customers/ stakeholders. (vi) Produce a draft report and present it to the Director General for review and consensus building. (vii) Revise and submit a final copy of the survey report including recommendations for appropriate service delivery standards. 4. METHODOLOGY AND WORK PLAN 4.1 The assignment is expected to utilize a number of research designs including desk review of the Authority s relevant documents and the legal framework guiding public procurement in Kenya. The consultant should also review literature on best practices from other jurisdictions/countries and outline their relevance to the 26