KENYA ELECTRICITY GENERATING COMPANY LIMITED

KGN- PROC - 34-2013 REQUEST FOR PROPOSALS FOR DISASTER RISK

MANAGEMENT AND BUSINESS CONTINUITY PLAN CONSULTANCY SERVICES

Kenya Electricity Generating Company Limited, Stima Plaza Phase III, Kolobot Road, Parklands, P.O. Box 47936- 00100 NAIROBI, KENYA www.kengen.co.ke

November, 2013

TABLE OF CONTENTS

TABLE OF CONTENTS ..................................................................................................................................... 2 REQUEST FOR PROPOSAL (RFP) .................................................................................................................. 4 SECTION A INFORMATION TO CONSULTING BODIES ....................................................................... 5 SECTION B: TECHNICAL PROPOSAL FORMS .................................................................................... 19 SECTION C: FINANCIAL PROPOSAL - FORMS ...................................................................................... 29 SECTION D: TERMS OF REFERENCE ........................................................................................................ 35 SECTION E: FORM OF CONTRACT ........................................................................................................... 39

INTRODUCTION
1. This Request for Proposals (RFP) has been prepared by the Kenya Electricity Generating Company Limited (hereinafter referred to as the Client) for use for selection of a Consultant for undertaking Disaster Risk plan/ Business Continuity Plan consultancy services. This RFP calls for separate schedules in the Technical and Financial proposal forms.

2.

3.

The RFP includes Standard form of Contract for Small Assignments based on LumpSum remuneration basis.

4.

This RFP includes the following:(i). (ii). (iii). Information to Risk Management Consultants Terms of Reference Standard Form of Contract.

REQUEST FOR PROPOSAL (RFP)

Description of the Project: Carry out disaster risk assessment and develop disaster risk management plan and business continuity plan for KenGen activities and installations

Title:
DISASTER RISK MANAGEMENT AND BUSINESS CONTINUITY PLAN CONSULTANCY

SECTION A

INFORMATION TO CONSULTING FIRMS

SECTION A:

GENERAL INFORMATION

1.

Introduction

1.1

The Client named in Appendix A will select a firm among those invited to submit a proposal, in accordance with the method of selection detailed under this section. The Consulting Agencies are invited to submit a Technical Proposal and a Financial Proposal, as specified in Appendix A for certification services required for the assignment. The proposal will be the basis for Contract negotiations and ultimately for a signed Contract with the selected firm. To obtain first hand information on the assignment or to arrange for a visit, you may contact any of the officials named in Appendix A. Ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements. The Client will provide the inputs specified in Appendix A 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 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.

1.2

1.3

1.4

1.5

2.

Clarification and Amendment of RFP Documents

2.1

Consulting Agencies may request a clarification of any of the RFP documents only up to five [5] days before the proposal submission date. Any request for clarification of the RFP must be sent in writing by mail, facsimile or electronic mail to the Clients address indicated in Appendix A. The Client will respond by mail, facsimile or 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 Consulting Agencies who intend to submit proposals. At any time before the submission of proposals, the Client may for any reason, whether at his own initiative

2.2

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 or facsimile to you and will be binding on you. The Client may at his discretion extend the deadline for the submission of proposals.

3.

Preparation Proposal Technical Proposal

of 3.1 The CONSULTANTS proposal shall be written in English language. In preparing the Technical Proposal, Consulting Agencies 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. While preparing the Technical Proposal, consultants must give particular attention to the following: 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 other firms or entities in a joint venture or subconsultancy as appropriate. Consulting Agencies shall not associate with the other Consulting Agencies invited for this assignment. Any firms associating in contravention of this requirement shall automatically be disqualified. The estimated number of professional man-months required for the assignment is 6. It is desirable that the majorities of the key professional staff proposed be permanent employees of the firm or have an extended and stable working relationship with it. Proposed professional staff must as a minimum, have the experience indicated in Appendix A. 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; A brief description of your 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 organizations involvement.

3.2

3.3

(i).

(ii).

(iii).

(iv).

(v).

3.4

(i).

(ii).

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. 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 and degree of responsibility held in various assignments during the last five-(5) 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 training.

(iii).

(v).

(vi).

(vii).

(viii). Any additional information requested in Appendix A. (ix). Conduct of due diligence; KenGen may in the process of evaluation carry out reference checks and/or site visits to verify the information provided and familiarize with the operations of the Certification Agencies. The Technical Proposal shall not include any financial information. In preparing the Financial Proposal, Consulting Agencies 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 and; (b) reimbursable expenses such as subsistence (per diem, accommodation), transportation, services and equipment (vehicles, office equipment, furniture, and supplies), printing of documents, and training. These costs should be broken down per activity. The Financial Proposal should be quoted in Kenya Shillings and be inclusive of all taxes, the latter clearly identified as a separate amount.

Financial Proposal

3.5

3.6

(iv).

The list of the proposed staff team3.7 by speciality, the tasks that would be

3.8

The Proposal must remain valid for 90 days after the Submission date. During this period, Consulting Agency 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 Consulting Bodies who do not agree have the right not to extend the validity of their proposals.

4.

Submission, Receipt, and Opening of Proposals

4.1

The original proposal (Technical Proposal and Financial Proposal; see para. 1.2) shall be prepared in indelible ink. It shall contain no 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 Consulting Agencies 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 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. Both envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other information indicated in Appendix A and be clearly marked, DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION COMMITTEE. The completed Technical and Financial Proposals must be delivered at the submission address on or before the time and date stated in Appendix A. Any proposal received after the closing time for submission of proposals shall be returned to the respective Consulting Agency unopened. After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the evaluation committee. The Financial Proposal shall

4.2

4.3

4.4

4.5

Proposal Evaluation General 5.1

remain sealed and deposited with a responsible officer of the client department until all submitted proposals are opened publicly. From the time the bids are opened to the time the Contract is awarded, if any Consulting Agency wishes to contact the Client on any matter related to his proposal, he should do so in writing at the address indicated in Appendix A. 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 Consulting Bodys proposal. Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. 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 described in the Appendix A Each responsive proposal will be given a technical score (St). 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 Appendix A.
5.4

5.2

Evaluation of Technical Proposals

5.3

Public Opening and Evaluation of Financial Proposals

5.5

After Technical Proposal evaluation, the Client shall notify those Consulting Agencies 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 Consulting Agencies 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 Consulting Agencies who choose

10

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.
5.6

The Financial Proposals shall be opened publicly in the presence of the Consulting Agencies representatives who choose to attend. The name of the Consulting Agency, 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 (ie. Whether the Consulting Agency has costed all the items of the corresponding Technical Proposal and corrects 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 Consulting Agency in the financial proposal. The formulae for determining the Financial Score (Sf) shall 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 = 1) indicated in the Appendix A. 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.

5.7

5.8

5.9

5.10

11

6.

Negotiations

6.1

Negotiations will be held at the same address as address to send information to the Client indicated in Appendix A. The aim is to reach agreement on all points and sign a contract. Negotiations will include a discussion of the Technical and Financial Proposals, the proposed methodology (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, man-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.

6.2

6.3

6.4

6.5

6.6

12

Award Contract

of

7.1

The Contract will be awarded following negotiations. After negotiations are completed, the Client will promptly notify other Consulting Agencies on the shortlist that they were unsuccessful and return the Financial Proposals of those Consulting Agencies 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 A.

7.2

Confidentiality

8.1

Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the Consulting Agencies 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.

13

APPENDIX
Clause Reference 1.1

The name of the Client is: Kenya Electricity Generating Company Limited P.O. Box 47936, 00100 NAIROBI, KENYA The method of selection is: Quality and Cost Based Selection. Technical and Financial Proposals are requested: Yes A Technical Proposal only is requested: No The name of the assignment is: Disaster Risk Management and Business Continuity plan Consultancy

1.2

1.3

The assignment is phased: No Assignment Programme a) Desk review and analysis of the existing KenGen policies, procedure and work instructions related to disaster management and business continuity programs and existing studies and findings on management system/framework in the region and energy sector b) Review the effectiveness of the chain of command arrangements derived from the current disaster response and incident command system and assess the optimum responsibilities for each level, areas and stations. c) Review of the experiences and good practices of other countries in the Europe, Asia and Pacific region in the development of disaster/ emergency and business continuity programs, which may be adapted and made relevant to the context of KenGen d) Consultation with the National Disaster Management Control Centre and other stakeholders e) Consultation workshops on framework and infrastructure as appropriate. f) Development of recommendations based on the consultation workshops to enhance the management system for the disaster risk reduction g) Provision of technical assistance in the drafting of a policy and manual on disaster management and business continuity program. h) Conduct companywide awareness and training on the drafted KenGen policy on disaster management and business continuity program as well as test the adequacy of mitigations and controls in place

14

i) Review the draft copy and include the results of consultations and testing in the final draft copy Assignment Outputs
(i) An Risk assessment report This is an assessment report outlining areas for improvement of the policies, procedures and work instructions for disaster risk management and business continuity programs considering inputs of consultations. (ii) Draft policy on Disaster preparedness and business continuity programs A detailed draft KenGen policy and manual on disaster preparedness and business continuity program to be submitted in similar format to the final copy (iii) Program of execution of consultation, Awareness and training (iv) A detailed final report in English (maximum 40 pages) with a 4 page Executive Summary and Annexes, including but not limited to: a) Reports from stakeholders consultations with different stakeholders and organisations; b) A comprehensive analysis of the current framework and existing gaps within policies procedures and instructions c) Analysis of current competences, skills and expertise and existing gaps in implementing and maintenance of disaster and business continuity programs d) A comparative study of the process involved in similar organisation in the energy sector.

e) The implementation actions, proposed responsibilities and programs

and opportunities for further improvement

1.4

A pre-proposal conference will be held: Yes

ON 13th NOVEMBER ,2013 as from 10.00a.m

The name, address, and telephone numbers of the Clients official is: Supply Chain Manager Tel :0711036000 Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke tenders@kengen.co.ke hithiami@kengen.co.ke 1.10 The clauses on fraud and corruption in the Contract are in the General Conditions of contract, namely 1.8 and 2.6.1 (d) Clarifications may be requested up to 5 days before the submission date. The address for requesting clarifications is:

2.1

15

3.1 3.7

Supply Chain Manager Tel :0711036000 Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke cc: tenders@kengen.co.ke hithiami@kengen.co.ke Proposals should be submitted in the following language: English Taxes: Applicable taxes include: Value Added Tax (VAT) on remuneration. Proposals must remain valid Ninety (90) days after the submission date. Please note that lump sum payments are pegged to deliverables and will be subject to withholding tax deductions. The Consulting Body must submit an original and Two (2) additional copies of each proposal.

3.10 4.2

4.3

4.4

The proposal submission address is: Company Secretary/Legal and Corporate Affairs Director Kenya Electricity Generating Company Limited, 7th Floor Stima Plaza Phase III, Kolobot Road, P. O. Box 47936 00100, NAIROBI, KENYA. Information on the outer envelope should also include: The Disaster Risk Management and Business Continuity plan Consultancy

4.5

Proposals must be submitted not later than the following date and time: Date: 21st November 2013 Time: On or before 10.00 a.m.

5.1

The address to send information to the Client is: Supply Chain Manager Tel :0711036000 Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke
cc: tenders@kengen.co.ke

hithiami@kengen.co.ke

16

5.3

The number of points to be given under each of the evaluation criteria are: (i) Specific experience of the Consulting Body related to Maximum Certification Services Points (40) (a) Work experience in the energy sector and familiarity and understanding of disaster risk management (10 Points) related scientific, technical, institutional and legislative issues in the sector (minimum 5 years) (b) Demonstrated extensive field experience in disaster (10 Points) environments and an in-depth knowledge of community involvement in disaster risk management. (minimum 5 years ) (c) Cumulative experience working with international, (10 Points) national and local governments and private organizations in the area of disaster risk management in developed and developing countries (minimum 5 years ) (d) Experience in Project management and implementing (10 Points) governance program to ensure the upkeep of business continuity plans, including the roll-out of right-sized training and testing (minimum five years) (ii) Adequacy of the proposed work plan and methodology in Maximum Points (30) responding to the ToR (10 points) (a) Technical approach and methodology (b) Quality and adequacy of work plan and within assignment (15 points) program (5 points) (c) Organisation and staffing (iii) Qualification and competence of key staff for the assignment Maximum Points (30) (a) Project Manager (The lead consultant to have advanced degree in disaster risk management or any other related field with minimum of 10 years experience 5 of which (10 points) should be in Risk Management) (20 points) (b) Team Composition (The team shall comprise of the following core competencies i. Risk management and disaster preparedness ii. Energy Management iii. Environmental Management iv. Social Science v. Engineering / Technology

17

vi. Health and Safety Total Points The minimum technical score (St) required to pass is: 80 Points 100

5.7

The single currency for price conversions is: Kenya Shilling. The source of official selling rates is: Central Bank of Kenya. The date of exchange rates is: The Submission Closing Date. The formula for determining the financial scores is the following: Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration. The weights given to the Technical and Financial Proposals are: T= 0.8 P= 0.2 The address for negotiations is: Company Secretary, Legal & Corporate Affairs Director, Kenya Electricity Generating Company Limited, Stima Plaza, Kolobot Road, P. O. Box 47936 000100, NAIROBI, KENYA

5.8

6.1

7.2

The assignment is expected to commence 14 days after the date the contract becomes effective.

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SECTION B:

TECHNICAL PROPOSAL FORMS

These forms shall include; i) Technical Proposal submission form. ii) iii) Firms references. Comments and suggestions of Consulting Bodies on the Terms of Reference and on data, services and facilities to be provided by the Client. iv) v) vi) vii) viii) Description of the methodology and work plan for performing the assignment. Team composition and task assignments. Format of curriculum vitae (CV) for proposed professional staff. Time schedule for professional personnel. Activity (work) schedule.

19

(i). TECHNICAL PROPOSAL SUBMISSION FORM [_______________ Date]

To: ______________________[Name and address of Client)

Ladies/Gentlemen:

We, the undersigned, offer to provide the certification services for __________________ _______________________________[Title of Consultation services] in accordance with your Request for Proposal dated ______________________[Date] and our Proposal. We are hereby submitting our Proposal, which includes a Technical Proposal [and a Financial Proposal sealed under a separate envelope We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely,

_______________________________[Authorized Signature:] ________________________________[Name and Title of Signatory:] _________________________________[Name of Firm:] _________________________________[Address:]

20

(ii). FIRMS 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: Location within Country:

Country: Professional Staff provided Firm/Entity(profiles): No. of Staff: No of man-months; Duration of Assignment: by Your

Name of Client: Address: Start (Month/Year): Date Completion (Month/Year) Date

Approx. Value of Services (Kshs)

Name of Associated Firms. If any:

No. of Months of Professional Staff provided by Associated Firms:

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:

Firms Name: ___________________________________ Name and title of signatory; ________________________

21

(iii).

COMMENTS AND SUGGESTIONS OF CONSULTING BODIES ON THE TERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT

On the Terms of Reference: 1. 2. 3. 4. 5.

On the data, services and facilities to be provided by the Client: 1. 2. 3. 4. 5.

(iv)

DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT

22

(v). TEAM COMPOSITION AND TASK ASSIGNMENTS 1. Name Technical/Managerial Staff Position Task

2. Name

Technical/Managerial Staff Position Task

23

(vi). 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 members 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.]

24

Employment Record: [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 authorised representative of the firm] Full name of staff member:__________________________________________________________________ Full name of authorized representative: _________________________________________________________________

25

(vii).

TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name

Position

Reports Due/ Activities 1 2 3 Number of Weeks

Reports Due: _________________________________________________________________________ Activities Duration: ___________________________________________________________________ Signature: ___________________________________________ (Authorized representative) Full Name: Title: Address: ___________________________________________ ___________________________________________ ___________________________________________

26

(viii). ACTIVITY (WORK) SCHEDULE (a). Field Investigation and Study Items [1st,2nd,etc, are months from the start of assignment) 1st 2nd 3rd

Activity (Work)

27

(b) Completion and Submission of Reports

Reports Proposed Date

1. Risk assessment Report

Fourteen days (14) days after the consultation workshop

2. Draft Report 3. Brief monthly Progress reports 4. Final Draft Report

Fourteen days (14) before conducting the testing of the Disaster management and continuity plans Seven (7) days or earlier after the end of calendar month Fourteen days (14) after review of draft report which includes the results of testing the BCP

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SECTION C:

FINANCIAL PROPOSAL - FORMS

These forms section shall include;

(i). (ii). (iii). (iv). (v). (vi).

Financial Proposal submission form. Summary of costs Breakdown of price per activity. Breakdown of renumeration per activity. Reimbursables per activity. Miscellaneous expenses.

29

(i).

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 consulting 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 understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely,

_____________________________[Authorized Signature] : _____________________[Name and Title of Signatory]: _______________________[Name of Firm] ______________________[Address]

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(ii). Costs

SUMMARY OF COSTS Amount (Kshs)

Subtotal Taxes Total Amount of Financial Proposal

(iii).

BREAKDOWN OF PRICE PER ACTIVITY

Description:_________________________ Amount(s)

Activity NO.: _______________________ Price Component Remuneration Reimbursables Miscellaneous Expenses

_______________________________

Note: The above rates are inclusive of all taxes

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(iv).

BREAKDOWN OF REMUNERATION PER ACTIVITY

Names Staff (i) (ii)

Position

Remuneration Rate

Amount

Grand Total

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(v).

REIMBURSABLES PER ACTIVITY

Name: ______________________ Quantity Unit Price Total Amount

Activity No: ________________________________ No. 1. 2. 3. 4. Description Air travel Road travel Rail travel Subsistence Allowance Unit Trip Kms Kms Day

Grand Total Note: In computing road travel, please take note of the distances between stations as follows:For Eastern Hydros 7 forks (Masinga, Kamburu, Gitaru, Kindaruma, Kiambere), take the distances between from Gitaru (focal point) and the other stations as 37, 12, 32, and 33 KMs respectively. For Eastern Hydros upper Tana (Tana, Sagana, Wanjii & Mesco), take the distances between from Wanjii (focal point) and the other stations as 40, 85 and 40 KMs respectively. For Western Hydros (Turkwel, Sosiani, Sondu, Gogo,), take the distances between from Sondu (focal point) and the other stations as 375, 235, and 180 KMs respectively. Also note you shall need a Four Wheel Drive vehicle between Migori and Gogo.

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MISCELLANEOUS EXPENSES
Activity No: ______________________________ Activity Name: _______________________

No.

Description

Unit

Quantity

Unit Price

Total Amount

1.

Communication costs (telephone, telegram, telex) Drafting, reproduction of reports Equipment: computers etc Software

2.

3. 4. Grand Total

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SECTION D: TERMS OF REFERENCE

This section contains the following; (a) (b) (c) (d) (e) Background, Scope of works, Time requirement, Implementation programme, and Reporting requirements.

35

TERMS OF REFERENCE FOR CONSULTATION SERVICES 1. Introduction

KenGen is the largest electrical energy supply in Kenya utilizing hydro, thermal, geothermal and wind energy in different parts of the country and embraces the principles and practice of continual improvement in its management systems. KenGen seeks to reduce the risk and loss associated with natural and technological hazards and the effects of climate change to enhance its mandate in provision of energy in the country for sustainable development and realization of the countries vision 2030. The disaster risk management work is centered around capacity enhancement for key institutions, policy formulation process, capacity building, mainstreaming of disaster risk reduction into KenGen strategic and operational plans among others.

OBJECTIVES OF THE ASSIGNMENT The overall objective of the consultancy is to support KenGen functions in the organization in reviewing and assessing the existing disaster risk management and business continuity framework and seek to provide policy recommendations to enhance the institutional and systems/framework for disaster risk management, and formulating the infrastructure and capacities in disaster risk management and other related documents that result in an enhanced System that provided a common platform for all Disaster Management stakeholders to work under.

RATIONALE/JUSTIFICATION Whereas regulatory affairs and several other departments have continued to implement various programmes targeting disaster risk management, these efforts have been undermined by lack of a clearly defined framework of engagement. Often, there is duplication of efforts and resources due to indistinctness over roles played by various players and departments before, during and after disasters. Monitoring of results is also difficult with no agreed objectives. Limited information on stakeholders engaged in mitigation and prevention activities makes planning and coordination challenging. The existing strategies have in most cases been sectional and narrowly focused, hence the need for a comprehensive strategy that creates coherence, optimizes on synergies and impacts. A corporate strategy backed by an action plan will lay out the overall goal, vision, mission, priorities and objectives for the disaster risk management providing an instrument and framework for systematic engagement. In addition, the plan will identify the key players in disaster risk reduction, their comparative capacities and strengths, resources that each bring and their specific outputs to ensure a coordinated approach to issues of disaster management. The accompanying plan of action will be developed complete with logic models and outcome indicators for easy monitoring and evaluation. This strategy is expected to guide and ensure that lessons learnt from previous interventions are utilized to address the current weaknesses

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in disaster risk reduction and recovery and recommend interventions for mainstreaming into sustainable operations. KenGen Operational Facilities KenGen has 6 divisions, namely, Regulatory Affairs, Human Resources & Administration, Operations, Business Development, Finance & Commercial, Corporate Affairs/Company Secretary and Managing Directors office. Transformation monitoring Office, Protective Services & Investigations and Internal Audit are under the Managing Directors office. Currently, KenGen has approximately 2000 employees. KenGen business is grouped into Stima (Head office and Central workshop), Central Operations Area (Embakasi Gas Turbines, Garissa and Ngong Wind Power Stations), Eastern Hydros (7 forks and Upper Tana mini Hydros), Olkaria (Geothermal Resource Development GRD and Olkaria Operations), Western Hydros (Sondu, Turkwel, Sosiani & Gogo) and Thermal (Kipevu I and Kipevu III). All comprise of a set of power stations except Stima Area. In each group, risk is managed through the operations manager.

KenGens generation system comprises of Hydroelectric, Geothermal, Thermal and Wind power generation sources. Further we conduct drilling for geothermal resources. Table 1 below details the Grouping, installed capacity per station and road distances. Group Stima Area Eastern Hydro 7 Forks Plants Head Office Central Workshop Masinga Kamburu Gitaru Kindaruma Kiambere Wanjii Sagana Mesco Tana Turkwel Sondu Gogo falls Sosiani Olkaria I Olkaria II Olkaria GRD Installed Capacity (MW) N/A N/A 40.0 94.2 225.0 40.0 144.0 7.4 1.5 0.38 20 106.0 60.0 2.0 0.4 45.0 70.0 N/A Distance from Nairobi (Km) N/A 14 121 165 176 185 228 80 150 80 65 530 345 495 340 130 130 130

Eastern Hydros upper Tana

Western Hydros

Geothermal

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Thermal

Kipevu Diesel Kipevu III Lamu Garissa Embakasi Gas Turbines Ngong Wind

73.5 120 2.78 3.6 60 5.45

500 500 865 400 14 26

2.

Scope of Work
KenGen will appoint a Disaster Risk Management Committee (DRMC) which will monitor, review and guide the development of companywide disaster risk management strategic plan. The DRMC shall coordinate and guide the activities of the consultant The consultant shall review and analyze the existing KenGen policies, infrastructure, procedure and work instructions related to disaster management and business continuity programs and their effectiveness. Consultations with other key players in the industry and disaster management shall be conducted to come up with effective mitigations and controls The consultant will regularly update the DRMC on the progress at least monthly and develop programs and plans which shall be subjected to testing to evaluate their effectiveness. Reports required as output in this undertaking shall be prepared and reviewed

3.

Reporting and Consultation Requirements

KenGen shall submit to the Consulting Agency all requested documents needed for the Consultation process. The Consulting Agency shall submit the Reports within stipulated periods. Report shall be deemed submitted when in form and manner acceptable by the client and shall be submitted to the project manager, The Manager, Technical Assurance and Quality and shall also highlight any issues that may require guidance from KenGen. The consulting agency shall ensure that the final draft report is submitted within seven (7) calendar months from the commencement of the project

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SECTION E:

FORM OF CONTRACT

ANNEX I

SAMPLE CONTRACT FOR RE-CONSULTATION SERVICES

SMALL ASSIGNMENT
(LUMP-SUM PAYMENTS)

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SAMPLE CONTRACT FOR CONSULTATION SERVICES SMALL ASSIGNMENT LUMP-SUM PAYMENTS CONTRACT This Agreement, [hereinafter called the Contract) is entered into this _____________[Insert starting date of assignment], by and between ________________________________________[Insert Clients name] of [or whose registered office is situated at]____________________________________________[insert Clients address] (hereinafter called the Client) of the one part AND ____________________________________________ [Insert Consulting bodys name] of [or whose registered office is situated at]_____________________________________[insert Consulting bodys address] (hereinafter called the Consulting body) of the other part. WHEREAS the Client wishes to have the Consulting body perform the services [hereinafter referred to as the Services, and WHEREAS the Consulting body is willing to perform the said Services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services

(i)

The Consulting body shall provide the personnel listed in Section B, Team Composition and Task Assignments, to perform the Services. The Consulting body shall perform the Services specified in Section D, Terms of Reference and Scope of Services, which is made an integral part of this Contract. The Consulting body shall submit to the Client the reports in the form and within the time periods specified in Section D, Terms of Reference and Scope of Services.

(ii)

(iii)

2. Term

The Consulting body 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. A. Ceiling For Services rendered pursuant to Appendix A, the Client shall pay the Consulting body an amount not to exceed___ _____________ [Insert amount]. This amount has been established based on the understanding that it includes all of the Consulting bodys costs and profits as well as any tax obligation that may be imposed on the Consulting body.

3. Payment

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B.

Schedule of Payments The schedule of payments is specified below.

40% of Consultation Contract price upon submission of an assessment report outlining areas for improvement of the policies, procedures and work instructions for disaster risk management and business continuity programs. 40% of Consultation Contract price upon submission of a draft KenGen policy on disaster and business continuity program. 20% of Consultation Contract price upon submission final KenGen policy on disaster and business continuity program.

C.

Payment Conditions Payment shall be made in Kenya Shillings no later than thirty [30] days following submission by the Consulting agency of invoices in duplicate to KenGen.

4. Project Administration

A.

Coordinator. The Client designates Mr. Henry Ithiami as Clients 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 Consulting Body and for receiving and approving invoices for payment.

B.

Reports. The reports listed in Section D, Terms of Reference and Scope of Services, 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 Standards

The Consulting body undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Consulting body shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory. The Consulting body 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,

6. Confidentiality

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this Contract or the Clients business or operations without the prior written consent of the Client. 7. Ownership of Material Any studies, reports or other material, graphic, software or otherwise prepared by the Consulting body for the Client under the Contract shall belong to and remain the property of the Client. The Consulting body may retain a copy of such documents and software with agreement with the client. The Consulting body shall not use any information gathered during implementation of the assignment without prior approval of the Client. The Consulting body will be responsible for taking out any appropriate insurance coverage. The Consulting body shall NOT assign this Contract or subcontract any portion of it without the Clients prior written consent. The Contract shall be governed by the laws of Kenya and the language of the Contract shall be English Language.

8. Insurance

9. Assignment

10. Law Governing Contract and Language 11. Dispute Resolution

Any dispute arising out of the Contract which cannot be 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 CONSULTING BODY

Full name; ______________________________ Full name;______________________ Title: ___________________________________ Title: ____________________________ Signature;______________________________ Date;___________________________________ Signature;____________________ Date;_________________________

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MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE (Must be filled by all applicants or tenderers who choose to participate in this tender) Name of Applicant (S) You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever applies to your type of business. Part 2 (d) to part 2(i) must be filled. You are advised that giving wrong or false information on this Form will lead to automatic disqualification / termination of your business proposal at your cost. Part 1 General Business Name:.. Certificate of Incorporation / Registration No. Location of business premises:.. Country .. Physical address .Town Building Floor Plot No. .Street / Road .. Postal Address Postal / Country Code Telephone Nos Fax Nos. . E-mail address Website Contact Person (Full Names) Direct / Mobile Nos. .. Title Power of Attorney (Yes / No) If Yes, attach written document. Nature of Business (Indicate whether manufacturer, distributor, etc) ... (Applicable to Local suppliers only) Local Authority Trading License No. Expiry Date Value Added Tax No.. Value of the largest single assignment you have undertaken to date (US$/KShs) Was this successfully undertaken? Yes / No. .(If Yes, attach reference) Name (s) of your banker (s) Branches Tel Nos. .

Part 2 (a) Sole Proprietor Full names ...... Nationality Country of Origin ...... *Citizenship details ..... Company Profile (Attach brochures or annual reports in case of public companies) Part 2 (b) Partnerships Give details of partners as follows: Nationality Citizenship Details Shares Full Names 1. .. 2. .... 3. . 4 .. .. . Company Profile .(Attach brochures)

Part 2 (c) Registered Company Private or public . Company Profile .(Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company Nominal KShs ... Issued KShs ... List of top ten (10) shareholders and distribution of shareholding in the company.

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Give details of all directors as follows:Nationality Citizenship Details Full Names 1. .. 2 ...... 3 ...... 4 ......

Shares

Part 2 (d) Debarment I/We declare that I/We have not been debarred from any procurement process and shall not engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen and any other public or private institutions. Full Names Signature Dated this day of 2012. In the capacity of Duly authorized to sign Tender for and on behalf of Part 2 (e) Criminal Offence I/We, (Name (s) of Director (s)):a) ... b) .... c) d) have not been convicted of any criminal offence relating to professional conduct or the making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of procurement proceedings. Signed For and on behalf of M/s In the capacity of Dated this day of .2012. Suppliers / Companys Official Rubber Stamp Part 2 (f) Conflict of Interest I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement: a) b) c) d) e) For and on behalf of M/s In the capacity of Dated this day of .2012 Suppliers / Companys Official Rubber Stamp Part 2 (g) Interest in the Firm: Is there any person / persons in KenGen or any other public institution who has interest in the Firm? Yes / No? .. (Delete as necessary) Institution . (Title) (Signature) (Date) Part 2(h) Experience Please list here below similar projects accomplished or companies / clients you have supplied with similar items or equipments in the last two (2) years. Company Name Country Contract/ Order No. Value

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1. 2. .. 3.

....

... .... .

Contact person (Full Names) . E-mail address. Cell phone no . (Note: The person should be at the level of director) *Attach proof of citizenship * Attach certified copies of the following documents: a) Previous orders from companies supplied before b) Certificate of Incorporation / Registration c) Tax Compliance Certificate (for local suppliers) d) Audited Financial Statements / Accounts for the last two (2) years e) Valid Local Authority / Trade License (for local suppliers) f) The Power of Attorney if the enterprise is a joint venture *The above documents should be submitted if they are applicable to bidder. Part 2(i) Declaration I / We, the undersigned state and declare that the above information is correct and that I / We give Kenya Electricity Generating Company Limited authority to seek any other references concerning my / our company from whatever sources deemed relevant, e.g. Office of the Registrar of Companies, Bankers, etc. Full names Signature For and on behalf of M/s .. In the capacity of Dated this day of .2012. Suppliers / Companys Official Rubber Stamp

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