5.1 Terms of Reference are the initial statement to the consultant of the services to be performed and should therefore be clear and precise and should contain the following sections:
(a) Background,
(b) Objectives of the assignment, (c) Scope of the Services,
(d) Training (where appropriate), (e) Reports and Time Schedule,
(f) Data Services, Personnel and Facilities to be provided by the Client, and (g) Terms of Payment.
5.2 This Section should be prepared very carefully by the procuring entity to ensure that the consultancy assignment is well understood by the consultants.
TERMS OF REFERENCE TERMS OF REFERENCE FOR
CONSULTANTANCY SERVICES TO UNDERTAKE AN ASSESSMENT OF THE STATUS OF UPTAKE AND IMPLEMENTATION OF THE
SYSTEM OF DEVOLVED GOVERNMENT IN KENYA
1.0 Background and Mandate of the Transition Authority
The Constitution of Kenya, 2010 fundamentally altered the governance structure of Kenya creating two levels of governments, the 47 County Governments and the national government. The two have been assigned functions in the Fourth Schedule of the constitution.
The objectives and principles of devolution as provided in section 174 and 175 of CoK 2010. These are: promotion of democratic and accountable exercise of power; fostering of national unity by recognizing diversity; giving of powers of self-governance to the people and enhancing their participation; recognizing the right of communities to manage their own affairs and to further their development; protection and promotion of the interests and rights of minorities and marginalized communities; promotion of social and economic development and provision of proximate, easily accessible services throughout Kenya;
ensuring equitable sharing of national and local resources throughout Kenya the facilitation of the decentralization of state organs, their functions and services, from the capital of Kenya; and the enhancement of checks and balances and the separation of powers.
The principles as per Article 175 of the Constitution require county governments to be based on democratic principles and separation of powers and to be availed reliable sources of revenue to enable them to govern and deliver services effectively. Also, each gender should have at least a third of the members of representative bodies in the county.
The Transition Authority (TA) was established pursuant to Section 15 of the
Sixth Schedule to the Constitution which provides for a mechanism for
transiting to the devolved system of government. The Authority is mandated to
facilitate and coordinate the transition to devolved system of government in
Kenya within a period of three years after the first general election under the
constitutions. Some of the broad functions of the Authority revolve around the
analysis and transfer of functions, the audit, verification and transfer of assets
and liabilities, accessing the capacity of National and County Governments to
ensure they have sufficient capacity to govern and to carry out their functions and to audit and rationalize the public service.
Objective
The Transition Authority is planning to undertake an assessment to capture and document the implementation status of devolved system of government. The assessment will cover the period beginning March 4
th2013 to-date.
The specific objectives of the exercise are to:
1. To establish the status of uptake and implementation of assigned functions to County Governments;
2. To establish the status of implementation of National Government functions under the devolved system of government..
3. To assess the relationship between national and county governments and the effectiveness of the intergovernmental relations mechanisms.
4. To identify achievements, challenges, lessons and opportunities arising from the implementation of devolved of system government;
5. To establish capacity gaps and pre-requisite capacity needs;
6. To make recommendations on how to address identified capacity gaps and other challenges;
7. To share the findings with relevant stakeholders to inform future interventions and policy decisions in entrenching devolution by the various stakeholders.
Specific Tasks
The Consultant(s) will be engaged to undertake the following tasks.
1. To review the draft assessment tool that has been prepared by the Authority to ensure that it meets the objectives of the exercise To develop a comprehensive data capture tool
2. To conduct training for persons who will be assisting in conducting the exercise
3. To review relevant secondary data
4. To conduct the assessment of national government ministries and the counties
5. To analysis data and prepare draft and final county and national government reports
6. To facilitate validation workshops
7. To prepare a consolidated report for the assessment 8. To assist in the launch and dissemination of the report 9. To provide quality assurance for the entire exercise The selected Organization is expected to:
To submit the following documents/information to demonstrate:
1. Technical Proposal: The technical proposal should include the following:
Profiles of consultant(s) and an outline of recent experience on assignments of a similar nature.
The consultant’s comments or suggestions on the TORs and appreciation of the assignment – the objectives, tasks and deliverables.
A clear description of the methodology and work plan that the consultants proposes to execute the assignment, illustrated where appropriate, with bar charts of activities.
A timeline for carrying out the assignment.
2. Financial proposal: The financial proposal, submitted in a sealed envelope clearly marked “Financial Proposal: Assessment of the status of uptake and implementation of the system of devolved government in Kenya clearly indicating daily consultancy rate, all cost items and the total cost.
3. Personal CV including past experience in similar projects and at least 3 references
The key deliverables of this assignment are:
1) An evidence-based inception report on the assignment. It should also outline the methodology for undertaking the assignment and Work plan and the implementation plan of the exercise over the outlined scope. To be prepared within two weeks of engagement.
2) Substantial inputs and effective coordination provided to stakeholders, and
participation in technical reviews, validation workshops and launch of the
report
3) The consultant will also be expected to produce draft and final copies of the following reports in soft and 4 hard copies as follows:
a. 47 county governments report b. One national Government report c. One consolidated report
d. Validation workshops reports
Qualifications and Experience Requirements
The Organization will be a locally and internationally reputable Organization, which must satisfy the following requirements:
b. Have at least ten (10) years’ experience in the field of development, working with development planning processes at the national and sub-national levels, preferably in Kenya.
c. Submit proof of capability and experience in carrying out successfully at least in development assessments, monitoring and measurement and record of research work on development issues, preferably in Kenya.
d. Submit proof of capability and experience to lead and train in service delivery
e. The Organization should demonstrate the capability to unpack the Department mandate in relation to the task.
f. Good knowledge of devolution and the working of national and county governments;
g. Familiarity with the Constitution of Kenya 2010 [especially the fourth schedule];
h. Submit at least three (3) references with full contacts as well as physical addresses from a government officer, international donor agency or corporate sponsor, embassy or other reputable organization/person.
i. Must submit the last three years audited financial statements including the twelve (12) calendar months immediately preceding the date of this Request for Proposal.
j. Must submit Valid Copy of PIN Registration Certificate, Valid KRA Tax Exemption Certificate, NGO Registration Certificate and Certificate of Registration by the relevant Ministry.
k. Must indicate a physical address and a telephone contact.
In addition, the organization should demonstrate the following competencies:
a. Good working knowledge of the understanding of the Vision 2030, the MTP, MDGs
b. Ability to develop and utilize creative methods to work independently, manage competing priorities and perform well under pressure.
c. Ability to develop and utilize technology applications effectively as a tool and resource
The Organization’s lead consultants and key managers must have the following minimum qualifications:
a. Lead consultants: Post graduate qualifications in development planning processes at the national and sub-national levels, preferably in Kenya b. Project manager: Bachelors degree in relevant qualification and at least
five years experience in project management.
1.0 Duration
The exercise is expected to take 90 working days from the date of engagement.
5. Reports
The consultant will be expected to produce the following reports in the prescribed timelines
i. Inception Report – Two (2) Weeks after contract signing
ii. Draft Design and Implementation of deliverable 3 Report–Two (2) months after contract signing
iii. Stakeholders Workshop Report - Before the end of the contract Term iv. Final Design and Implementation of Report - Before the end of the
contract Term
1. Three hard copies of the comprehensive report
2. An electronic version of the comprehensive report in MS Word.
3. An executive version of the design and implementation findings indicating specific areas and timeframe of management interventions.
A PowerPoint presentation to management
6. Terms of Payment
The Consultancy Fee shall be paid in phases upon submission of acceptable reports to the client.
20% upon submission of an acceptable Inception Report
40% upon submission of Draft Design and Implementation deliverable 3 Report and Stakeholders Workshop report
40% Final Design and Implementation of deliverable Report.
CONTRACT
This Agreement, [hereinafter called “the Contract”) is entered into this _____________[Insert starting date of assignment], by and between ________________________________________[Insert Client’s name] of [or whose registered office is situated at]____________________________________________[insert Client’s address](hereinafter called “the Client”) of the one part AND
____________________________________________ [Insert Consultant’s name] of [or
whose registered office is situated
at]_____________________________________[insertConsultant’saddress](hereinafter called “the Consultant”) of the other part.
WHEREAS the Client wishes to have the Consultant perform the services [hereinafter referred to as “the Services”, and
WHEREAS the Consultant is willing to perform the said Services, NOW THEREFORE THE PARTIES hereby agree as follows:
1. Services (i) The Consultant shall perform the Services specified in
Appendix A, “Terms of Reference and Scope of Services,”
which is made an integral part of this Contract.
(ii) The Consultant shall provide the personnel listed in Appendix B, “Consultant’s Personnel,” to perform the Services.
(iii) The Consultant shall submit to the Client the reports in the form and within the time periods specified in Appendix C,
“Consultant’s Reporting Obligations.”
2. Term The Consultant shall perform the Services during the period commencing on_____________ [Insert starting date] and continuing through to_____________ [Insert completion date], or any other period(s) as may be subsequently agreed by the parties in writing.
(i)
3. Payment A. Ceiling
For Services rendered pursuant to Appendix A, the Client shall pay the Consultant an amount not to exceed___
_____________ [Insert amount].This amount has been established based on the understanding that it includes all of the Consultant’s costs and profits as well as any tax obligation that may be imposed on the Consultant.
B. Schedule of Payments
The schedule of payments is specified below (Modify in order to reflect the output required as described in Appendix C.)
Kshs______________________ upon the Client’s receipt of a copy of this Contract signed by the Consultant;
Kshs______________________ upon the Client’s receipt of the draft report, acceptable to the Client; and
Kshs______________________ upon the Client’s receipt of the final report, acceptable to the Client.
Kshs______________________ Total C. Payment Conditions
Payment shall be made in Kenya Shillings unless otherwise specified not later than thirty [30] days following submission by the Consultant of invoices in duplicate to the Coordinator designated in Clause 4 herebelow. If the Client has delayed payments beyond thirty (30) days after the due date hereof, simple interest shall be paid to the Consultant for each day of delay at a rate three percentage points above the prevailing Central Bank of Kenya’s average rate for base lending.
4. Project A. Coordinator.
Administration
The Client designates __________________[insert name] as Client’s Coordinator; the Coordinator will be responsible for the coordination of activities under this Contract, for acceptance and approval of the reports and of other deliverables by the Client and for receiving and approving invoices for payment.
(ii) Reports.
The reports listed in Appendix C, “Consultant’s Reporting Obligations,” shall be submitted in the course of the
assignment and will constitute the basis for the payments to be made under paragraph 3.
5. Performance The Consultant undertakes to perform the Services with Standards the highest standards of professional and ethical
competence and integrity. The Consultant shall promptly
replace any employees assigned under this Contract that the Client considers unsatisfactory.
6. Confidentiality The Consultant shall not, during the term of this Contract and within two years after its expiration, disclose any proprietary or confidential information relating to the Services, this Contract or the Client’s business or operations without the prior written consent of the Client.
7. Ownership of Any studies, reports or other material, graphic, software Material or otherwise prepared by the Consultant for the Client
under the Contract shall belong to and remain the property of the Client. The Consultant may retain a copy of such documents and software.
8. Consultant Not The Consultant agrees that during the term of this to be Engaged Contract and after its termination the Consultant and in certain any entity affiliated with the Consultant shall be
Activities disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services.
9. Insurance The Consultant will be responsible for taking out any appropriate insurance coverage.
10. Assignment The Consultant shall not assign this Contract or sub-contract any portion of it without the Client’s prior written consent.
11. Law Governing The Contract shall be governed by the laws of Kenya and Contract and the language of the Contract shall be English Language.
Language (iii)
12. Dispute Any dispute arising out of the Contract which cannot be Resolution amicably settled between the parties shall be referred by
either party to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the chairman of the Chartered Institute of Arbitrators, Kenya branch, on the request of the applying party.
FOR THE CLIENT FOR THE CONSULTANT
Full name; ______________________________ Full name:______________________
Title: ____________________________________Title: ____________________________
Signature;_______________________________ Signature;____________________
Date;____________________________________ Date;_________________________
LIST OF APPENDICES
Appendix A: Terms of Reference and Scope of Services Appendix B: Consultant’s Personnel
Appendix C: Consultant’s reporting Obligations
LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity _____________________
_____________________
To:
RE: Tender No.
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.
1. Please acknowledge receipt of this letter of notification signifying your acceptance.
2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award.
(FULL PARTICULARS)
SIGNED FOR ACCOUNTING OFFICER
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO……….OF……….….20……...
BETWEEN
……….APPLICANT
AND
………RESPONDENT (Procuring Entity)
Request for review of the decision of the……… (Name of the Procuring Entity) of
………dated the…day of ………….20……….in the matter of Tender No………..…of
…………..20…
REQUEST FOR REVIEW
I/We………,the above named Applicant(s), of address: Physical address……….Fax No……Tel. No……..Email ………, hereby request the Public Procurement Administrative Review Board to review the whole/part of the above mentioned decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an
Order/orders that: - 1.
2.
etc
SIGNED ……….(Applicant)
Dated on……….day of ………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on …………
day of ………....20….………
SIGNED Board Secretary