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    KENYA SCHOOL OF MONETARY STUDIES

    P. O. Box 65041 00618, Tel: 8646000, 0727-600668, 0733-600668, Fax: 8560430, Nairobi,

    Kenya

    E-mail:[email protected]

    KENYA SCHOOL OF MONETARY STUDIES

    TENDER NO. KSMS/13/13-14

    REQUEST FOR PROPOSAL FOR DESIGN AND IMPLEMENTATION OF A TIER

    III DATA CENTER FOR THE KENYA SCHOOL OF MONETARY STUDIES,

    RUARAKA CAMPUS.

    CLOSING DATE: 26th NOVEMBER 2013

    MANDATORY SITE INSPECTION ON THURSDAY 14TH

    NOVEMBER 2013 AT

    10:30AM

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    TABLE OF CONTENTS

    PageINTRODUCTION

    SECTION I - LETTER OF INVITATION .. 3

    SECTION II - INFORMATION TO CONSULTANTS 4

    SECTION III - TERMS OF REFERENCE14

    SECTION IV - TECHNICAL PROPOSAL 16

    SECTION V - FINANCIAL PROPOSAL.25

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    SECTION I - LETTER OF INVITATION

    To,..

    ...

    RE: REQUEST FOR PROPOSAL FOR DESIGN AND IMPLEMENTATION OF A

    TIER III DATA CENTER FOR THE KENYA SCHOOL OF MONETARY STUDIES,

    RUARAKA CAMPUS

    The Kenya School of Monetary Studies invites proposals for Design and Implementation of aTier III Data Center. More details of the system are provided in the terms of reference herein.The request for proposal (RFP) includes the following documents;

    Section I - Letter of invitationSection II - Information to CandidateSection III - Terms of referenceSection IV - Technical proposalSection V - Financial proposalSection VI - Standard Contract Form (where applicable)

    Proposals must be submitted not later than 26th NOVEMBER 2013 at 10.30 a.m.and bedeposited in the Tender box next to the reception on the ground floor of KSMSAdministration Block. Documents that can not go though should be delivered at theProcurement Office Rm 211 and registered with the Procurement Officer. Proposalssubmitted late will be rejected.

    Executive Director

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    SECTION II - INSTRUCTIONS TO CANDIDATES

    Table of Contents

    Page2.1 Introduction.. 5

    2.2 Clarification and amendments to the RFP documents.. 5

    2.3 Preparation of proposals.. 6

    2.4 Financial proposal. 6

    2.5 Submission receipt and opening of proposals 7

    2.6 Evaluation of proposals (General).. 8

    2.7 Evaluation of Technical proposals.. 8

    2.8 Opening and evaluation of Financial proposals. 9

    2.9 Negotiations 10

    2.10 Award of Contract11

    2.11 Confidentiality 11

    2.12 Corrupt or fraudulent practices------------------------------------- 12

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    SECTION II - INFORMATION TO CANDIDATES

    2.1 Introduction2.1.1 The KENYA SCHOOL OF MONETARY STUDIESwill select a candidate among

    those invited to submit in accordance with the method of selection detailed under thissection and consistent with the regulations.

    2.1.2 The candidates are invited to submit a technical proposal and a financial proposal forthe Design and Implementation of a Tier III Data Center as relates to the assignment

    stated in the letter of invitation (Section I)

    2.1.3 In the assignment where the KSMS intends to apply standard conditions ofengagement and scales of fees for professional services, which scale of fees, will have

    been approved by a relevant authority, a technical proposal only may be invited andsubmitted by the candidate. In such a case the highest ranked candidate in thetechnical proposals shall be invited to negotiate a contract on the basis of the set scaleof fees. The technical proposals will be the basis for contract negotiations andultimately for a signed contract with the selected candidate.

    2.1.4 The candidates must familiarize themselves with local conditions as regards to theassignment and take them into account in preparing their proposals. To obtain

    adequate information on the assignment and on the local conditions, candidates areencouraged to liaise with KSMS regarding any information that they may require

    before submitting a proposal

    2.1.5 The client will provide the inputs and services specified in the special conditions ofcontract needed to assist the candidate to carry out the assignment.

    2.1.6 The cost of preparing the proposal and negotiating the contract including any visit tothe KSMS are not reimbursable as a direct cost of the assignment. KSMS is not

    bound to accept any of the proposals submitted.

    2.1.7 KSMS employees, committee members, board members and their relative (spouse and

    children) are not eligible to participate in the tender.

    2.2 Clarification and amendment to the RFP documents2.2.1 Candidates may request clarification of any of the RFP documents not later than

    Seven (7) days before the deadline for the submission of the proposals. Any requestfor clarification must be sent in writing by post, fax or email to KSMS addressindicated in the special conditions of contract. KSMS will respond by post, fax oremail to such requests and will send written copies of the response (including anexplanation of the query but without identifying the source of inquiry) to allcandidates invited to submit proposals.

    2.2.2 At any time before the deadline for submission of the proposals, KSMS may for anyreason; either at its own initiative or in response to a clarification requested by anycandidate amends the RFP. Any amendment shall be issued in writing, fax or emailto all invited candidates and will be binding on them. KSMS may at its discretionextend the deadline for the submission of the proposals.

    2.3 Preparation of Technical Proposal

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    2.3.1 The individual suppliers proposal shall be written in English language.

    2.3.2 In preparing the Technical proposal, the candidates are expected to examine thedocuments containing the RFP in detail. Material deficiencies in providing theinformation requested may result in rejection of a Quotation.

    2.3.3 While preparing the Technical proposal, the candidate must give particular attentionto the following:

    (a) If a candidate considers that it does not have all the expertise required for the

    assignment it may suggest in the proposals other person(s) who will assist in theassignment but they will not be party to the contract for the purpose of theperformance of the assignment. A candidate will not propose other candidatesinvited to submit quotations for the assignment. Any candidate in contraventionof this requirement shall automatically be disqualified.

    (b) For all the staff who will be involved in the assignment a candidate must indicatetheir responsibility in the assignment and also the staff time as necessary.

    (c) The curriculum vitae (CV) of the staff proposed must be submitted with theproposal.

    2.3.4 The Technical proposal shall provide the following information;

    (a) The individual consultants CV and a brief of any recent experience of assignmentof a similar nature. For each assignment the brief should indicate the profiles ofstaff involved, contract amount and the individual consultants involvement.

    (b) Any comments or suggestions on the Terms of Reference and a list of service andfacilities requested to be provided by KSMS.

    (c) A description of the methodology and work plan for performing the proposedassignment.

    (d) The list of the proposed staff team by specialty, the tasks that would be assigned toeach staff team member and their timing.

    (e) CVs recently signed by the proposed professional staff and the authorizedrepresentative submitting the proposal. Key information should include number ofyears working for the firm/entity and degree of responsibility held in various

    assignments during the last two (2) years.(f) Estimates of the total staff input (professional and support staff-time) needed to

    carry out the assignment supported by bar chart diagrams showing the timeproposed for each professional staff team member.

    (g) Any additional information requested in the special conditions of contract.

    2.3.5 The Technical proposal shall be separate from the financial proposal and shall notinclude any financial information.

    2.4 Financial Proposal

    2.4.1 In preparing the financial proposal, the candidate is expected to take into account thetime required in completing the assignment as outlined in the RFP. The financial

    proposal will therefore be quoted in fees per day or month. The financial proposalmay also include other costs as necessary, which will be considered as reimbursable.It will then give the total cost of the assignment.

    2.4.2 The Financial proposal should include the payable taxes.

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    2.4.3 The Financial proposal must remain valid for 90 days after the submission date.During this period the candidate is expected to keep available at his own cost any staff

    proposed for the assignment. KSMS will make best efforts to complete negotiationswithin this period. If it wishes to extend the validity period of the quotation, thecandidates who do not agree, have the right not to extend the validity of theirquotations.

    2.4.4 The financial proposal must comply with the law governing the profession of thecandidate.

    2.5 Submission, Receipt and opening of proposals2.5.1The technical proposal and the financial proposal (if required) shall be prepared in

    indelible ink. It shall contain no interlineations or overwriting, except as necessary tocorrect errors made by the candidates. Any such corrections must be initiated by thecandidate.

    2.5.2 For each proposal the candidates shall prepare the proposal in the number of copiesindicated in the special conditions of contract. Each Technical proposal and financial

    proposal shall be marked ORIGINAL or COPY as appropriate. If there are anydiscrepancies between the original and the copies of the quotation, the original shall

    govern.2.5.3 The original and all copies of the Technical proposal shall be placed in a sealed

    envelope clearly marked TECHNICAL PROPOSAL, and the original and allcopies of the financial proposal in a sealed envelope duly marked FINANCIALPROPOSAL. Both envelopes shall be placed in an outer envelope and sealed. Thisouter envelope shall bear KSMS address and other information indicated in theappendix to the instructions to candidates and clearly marked DO NOT OPEN

    before 26th NOVEMBER 2013 at 10.30 a.m.

    2.5.4 The completed Technical proposal and financial proposals must be delivered at thesubmission address on or before the time and date of the submission of the quotationsindicated in the appendix to the instructions to candidates. Any quotations received

    later than the closing date for submission of quotations shall be rejected and returnedto the candidate unopened. For this purpose the inner envelope containing thetechnical and financial quotations will bear the address of the candidate submitting thequotations.

    2.5.5 After the deadline for submission of proposals the outer envelope and the technicalproposals shall be opened immediately by the opening committee. The financialproposals shall be marked with the candidates number allocated at the time of openingof the outer envelope and the technical proposals but shall remain sealed and in thecustody of a responsible officer of the procuring entity up to the time set for openingit.

    2.6 Proposal Evaluation General2.6.1 From the time the proposals are opened to the time of the contract award, if any

    candidate wishes to contact KSMS on any matter relating to the proposal should do soin writing at the address indicated in the appendix to the instructions to candidates.Any effort by a candidate to influence KSMS staff in the evaluation of quotationcomparison proposals or awards of contract may result in the rejection of thecandidate quotation.

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    2.6.2 The Technical evaluation committee shall have no access to the financial proposal,which in any case will remain sealed, until the technical evaluation is concluded orfinalized.

    2.7 Evaluation of Technical Proposals.

    Particulars of the firm/management

    Lack of critical requirements mainly the statutory ones will lead to automatic disqualification.These are:

    PINCertificate VATRegistration CompanyProfileusingBusinessQuestionnaire Sitevisitlodgedwithprocurementdivision CertificateofCurrentTaxCompliancefromcountryoforigin. RegistrationoftheCompany/Certificateofincorporation Proofofregistrationastherelevantbody.

    The evaluation committee appointed by KSMS shall evaluate the technical proposals

    following the criteria set out in the terms of reference based on the following pointscriteria.

    1. Requirements:Prior to preparing a tender, a bidder is required to carry out a mandatory site inspectionon Thursday 14thNovember 2013 at 10:30am to ascertain the requirements and clarifyany facts not clearly presented in this document.

    2. EvaluationCriteriaIn general, tender responses will be evaluated on the following points, in order of importance:

    Meeting the requirements contained in this Invitation to Tender.

    Vendor capability including data center design certifications.

    Overall cost.

    Clarity of the proposal and delivery schedules

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    EVALUATION CRITERIA

    Item Score (%)

    1. Accomplishment: Previous & current. Evidence of a SuccessfulDesigned and implemented of a Tier III Data Center in the lastfive years (5). Each project shall be worth Kshs 10 million andabove, evidenced by letters of reference from clients andcompletion certificate (For a project to qualify it must be at least70% complete). For uncompleted project letters of referencefrom the respective clients must be provided accompanied byLPO/LSO. The School shall visit at least three sites of these sitesfor a due diligence.Each qualifying project to score 4 marks to amax of 5 project

    20

    2.Compliance with the stated technical deliverables and delivery

    schedule(SECTION 111 below). (You shall be invited to give apresentation of your technical proposal). 60

    3. Qualified Technical Staffin the company relevant to theDataCenter implementationwho will be actively involved in the

    proposed project. (Must provide detailed CV accompanied byrelevant academic and professional certification. Telephonecontacts must be provided,

    Each qualifying C.V earns 1 marks to max of 3 CVs)

    3

    4. Provide proforma SLA 3

    5.Companys experience/years of service

    Number of years in operation as an active data centre provider

    evidenced by projects undertaken. Evidence LPO/LSO or

    contracts and completion certificates.

    Each active year will earn 1 mark to a max of six years

    6

    6.Certified financial statement for the last three years (2012,2011,

    and 2010).5

    7.Evidence of access to credit facilities, net of other contractual

    commitment which may be made for this project.3

    TOTAL 100

    A tender must score a minimum mark of 70 to qualify for further consideration.Each responsive proposal will be given a technical score (St). A proposal shall berejected at this stage if it does not respond to important aspects of the Terms ofReference or if it fails to achieve the minimum technical score of 70%.

    2.8 Opening and Evaluation of Financial Proposal

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    2.8.1 After completion of the evaluation of Technical Proposals KSMS shall notify the

    candidates whose proposal did not meet the minimum technical score or weredeclared non responsive to the RFP and terms of reference. The notification willindicate that their financial proposals shall not be opened and will be returned to themunopened after the completion of the selection process and contract award. At thesame time, it shall simultaneously notify the candidates who have secured theminimum technical score that they have passed the technical qualifications and informthem the date and time set by them for opening their financial proposals. They will

    also be invited to attend the opening ceremony if they wish to do so.

    2.8.2 The Financial Proposals shall be opened by KSMS in the presence of the candidateswho choose to attend the opening. The name of the candidate, the technical score orthe technical evaluation result and the proposed fees shall be read out aloud andrecorded. The evaluation committee shall prepare minutes of the opening of thefinancial quotation.

    2.8.3 The evaluation committee will determine whether the financial proposals havecomplete (i.e. whether the bidder has priced) all the items of the correspondingTechnical Proposal and correct any computational errors. The cost of any un-priceditems shall be assumed to be included in other costs in the proposal. In all cases, thetotal price of the Financial Proposal as submitted shall prevail.

    2.8.4 The formulae for determining the Financial Score (Sf) shall, unless an alternativeformulae is indicated in the Appendix ITC, be as follows: Sf = 100 X FM/F whereSf is the financial score; Fm is the lowest priced financial proposal and F is the priceof the proposal under consideration. Proposals will be ranked according to theircombined technical (St) and financial (Sf) scores using the weights (T=the weightgiven 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, iscalculated as follows = St x T % + Sfx P %. The firm achieving the highest combinedtechnical and financial score will be invited for negotiations 2.8.6

    2.8.5 The tender evaluation committee shall evaluate the tender within 30 days from thedate of opening the tender.

    2.8.6 Contract price variations shall not be allowed for contracts not exceeding one year (12months).

    2.9 Negotiations2.9.1 Negotiations will be held at the same address indicated in the appendix to the

    information to candidates. The purpose of the negotiations is for KSMS and thecandidate to reach agreements on all points regarding the assignment and sign acontract.

    2.9.2 Negotiations will include a discussion of the Technical Proposal, the proposedmethodology (work plan), staffing and any suggestions made by the firm to improvethe Terms of Reference. The Client and firm will then work out final Terms ofReference, staffing and bar charts indicating activities, staff periods in the field and inthe head office, staff-months, logistics and reporting. The agreed work plan and finalTerms of Reference will then be incorporated in the Description of Services andform part of the Contract. Special attention will be paid to getting the most the firmcan offer within the available budget and to clearly defining the inputs required fromthe Client to ensure satisfactory implementation of the assignment.

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    2.9.3 Unless there are exceptional reasons, the financial negotiations will not involve theremuneration rates for staff (no breakdown of fees).

    2.9.3 Having selected the firm on the basis of, among other things, an evaluation ofproposed key professional staff, the Client expects to negotiate a contract on the basisof the experts named in the proposal. Before contract negotiations, the Client willrequire assurances that the experts will be actually available. The Client will notconsider substitutions during contract negotiations unless both parties agree thatundue 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 andif it is established that key staff were offered in the proposal without confirming theiravailability, the firm may be disqualified.

    2.9.4 The negotiations will be concluded with a review of the draft contract. If negotiationsfail, KSMS will invite the candidate whose proposal achieved the second highestscore to negotiate a contract.

    2.10 Award of Contract2.10.1 The contract will be awarded before commencement of negotiations. After

    negotiations are completed KSMS will promptly notify the other candidates that theywere unsuccessful and return the financial quotations of the candidates who did not

    pass technical evaluation.

    2.10.2 The selected candidate is expected to commence the assignment on the date indicatedin the appendix to the instructions to tenderers or any other date agreed with theSchool at the time of the contract award. Both parties will sign the contract.

    2.10.3 The parties to the contract shall have it signed within 30 days from the date ofnotification of contract award unless there is an administrative review request.

    2.10.4 KSMS may at any time terminate procurement proceedings before contract award andshall not be liable to any person for the termination.

    2.10.5 KSMS shall give prompt notice of the termination to the tenderers and on request give

    its reasons for termination within 14 days of receiving the request from any tenderer.

    2.10.6 To qualify for contract awards, the tenderer shall have the following:

    a) Necessary qualifications, capability experience, services, equipment and facilities toprovide what is being procured.

    b) Legal capacity to enter into a contract for procurementc) 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.

    2.11 Confidentiality2.11.1 Information relating to evaluation of quotations and recommendations of contract

    award shall not be disclosed to the candidates who submitted the quotation or to otherpersons not officially concerned with the process, until the winning candidate hasbeen notified that he/she has been awarded the contract.

    2.12 Corrupt or fraudulent practices

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    2.12. 1 KSMS requires that the consultants observe the highest standards of ethics during

    the selection and award of the consultancy contract and also during the performanceof the assignment. The tenderer shall sign a declaration that he has not and will not

    be involved in corrupt or fraudulent practices.

    2.12.2 KSMS will reject a proposal for award if it determines that the consultantrecommended for award has been engaged in corrupt or fraudulent practices incompeting for the contract in question.

    2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulent practicesrisks being debarred from participating in public procurement in Kenya.

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    SECTION 111

    TERMS OF REFERENCE FOR REQUEST FOR PROPOSAL FOR THE DESIGN

    AND IMPLEMENTATION OF A TIER III DATA CENTER FOR THE KENYA

    SCHOOL OF MONETARY STUDIES, RUARAKA

    The Kenya School of monetary Studies intends to have a fully functional TIER III DataCentre with an infrastructure where all the various components meet the requirements of aTier III data center

    The KSMS objective is to have a solution which will address the various components of a

    data center and this includes the following; (Please attach Datasheets and Manufacturers

    Authorization for each of the offered system)

    Uninterruptible Power Supply and Intelligent Power distribution

    System 5 marks

    o The data centre should be supported by an N+1 electrical distribution

    infrastructure configuration. The proposed UPS should have the

    necessary electrical boards, switch gears, electrical cabling and

    voltage stabilizers.o TheUPSshouldbetrulyonlineandshouldbecapableoffunctioning forat

    least 30 minutes should there be no KPLC or generator power. (Pleaseattachcalculationsexplaininghowthiswillbeachieved).

    Precision Cooling system 6 marks

    o Theproposed cooling systemshouldhaveaprecisiondownflowcoolingsystemthatwillachievearelativehumidityofbetween40%to 55% in the

    data

    centre

    and

    also

    a

    temperature

    of

    between

    18oC

    to

    27oC

    willbe maintainedin thedatacentre.

    o System should have micro-processor control compatible to BMS with

    digital display/touch pad and alert for alarms. Provision for fire alarm

    interface, water detection alarm. o System to have floor stand adjustable +/- 25mm

    Fire detection and suppression with the following features: - 5 marks

    o The solution should have an early fire detection system and a clean

    gas suppression system and auto-learn smoke feature

    o People Safe at Concentration Levels Required to

    o Extinguish Fire

    o Zero Ozone Depletion Potential

    o Atmospheric Lifetime of Five Days

    o Colorless with Low Odour and No Particulate or Oily

    o Residue Allowing for Minimal Business Disruption

    o After a Discharge

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    o Electrically Non-Conductive

    o Space Saving; Quantity of Agent Needed to Extinguish

    o Fires Typically Required Minimal Cylinders, thus Minimal Space

    Required

    Access control and surveillance system 3 marks

    o The proposed solutions components should to be on emergency

    backup power, such as a connection to the UPS system, which is

    connected to an alternative power source, such as a generator. The

    Access Control System Panels should have suff icient bat tery backup

    to be capable of enforcing existing authorizations for a minimum of

    four hours in the event of primary power failure.

    Environmental monitoring system -3 marks

    o We are looking to having a secure data centre that will allow

    minimum walk to the data centre and have all the equipment

    monitored and alerts sent to the respective person either through

    SMS alerts or SNMP, the unit should be able to monitor the UPS,

    Cooling, Motion , CCTV ,fire suppression, water detection and should

    have temperature sensors to alert on the temperature inside the data

    centre.

    o Should include audible and visual indication alerts.

    Space Planning 2 marks

    o Planning is required to assure that proper space allowances are

    provided around all equipment, termination panels and racks.

    Walking around and between racks should not be constrained.

    Overhead Infrastructure Platform 10 Marks

    o The platform should be able to provide support for cabling pathways,

    power, lighting and other data center infrastructure. The platform

    should be designed to efficiently use the available rack space in the

    data center by adding patching above cabinets or racks in order to

    add flexibility for quick cabinet "rack-n-roll" deployment.

    o The cabling pathway should be neatly done and consist of high

    density cabling systems to facilitate future moves, adds and

    changes, and assure that cables are properly supported removing

    the likelihood of damage or degradation of performance.

    o

    Structured Cabling and Server racks 12 marks

    o The proposed data centre should have a structured cabling system

    that should have each network rack terminate to a common rack with

    each rack having both fiber and copper patch panels, the copper

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    o The fiber cabling pathway in the data center should be provided by a

    dedicated duct system so as to provide a safe and protective method

    for routing and storing optical fiber patch cords, riser cables among

    fiber distribution frames, panels, splice cabinets and termination

    equipment..

    o cabling should be CAT6A that will achieve a throughput of 10G and

    the fiber should be multimode fiber.

    o All racks should be well labelled as should all the equipment

    contained therein.

    o All Patch cords should be factory made and tested to comply with

    TIA/ EIA standards.

    o All testing should be done using a factory calibrated and up to date

    tester such as Wirescope pro or equivalent. And all test result should

    be on Raw format and submitted in threes

    Labeling and Cable Management 3 Marks

    o

    Cables should be permanently labeled at the beginning and end ofeach cable as per ANSI / TIA 606B Standards

    Power Distribution 5 Marks

    o The vendor should Supply, terminate, install and connect a Flex PVC

    cable from Distribution Board to each cabinet and terminate in a

    socket as per the plan.

    o Power cables from the redundant source should have different colour

    from the primary source.

    o Each distribution board should have phase health illuminated

    indicators

    o The MCCB should be from Approved Manufacturers i.e. ABB, MG,

    Terasaki. Any other manufacturer will need to get our written

    approval prior to production

    o Raw power should be connected to an AVR before feeding the UPS.

    Please indicate the AVR manufacturer.

    o Exact power cable lengths and exact positioning of the through holes

    / mounting positions will be determined during the survey.

    o The power outlet should comprise of two standard industrial IEC-309,

    2P+E industrial socket per rack, 4P+E for the CRACs as per the

    plan.

    Earthing and Bonding 3 mark

    Maintenance 3-Year Service Level Agreement (SLA) 3 mark

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    o There should be a proposal for an agreement to cover UPS systems,

    Cooling systems, Overhead Trays and cabling and Environmental

    monitoring systems.

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    FINANCIAL PROPOSAL:

    The Financial Proposal must include all payable taxes

    TERMS OF PAYMENT

    To be agreed with the client.

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    SECTION IV - TECHNICAL PROPOSAL (TP)

    4A. Technical Proposal submission form.

    4B. Firms references.

    4C. Comments and suggestions of consultants on the Terms of Reference and on data,services, and facilities to be provided by the Client.

    4D. Description of the methodology and work plan for performing the assignment.

    4E. Team composition if in teams and task assignments.

    4F. Format of curriculum vitae (CV) for proposed professional staff.

    4G. Time schedule for professional personnel.

    4H. Activity (work) schedule.

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    4A.TECHNICALPROPOSAL SUBMISSION FORM

    [Location, Date]To: [Name and address of Client]

    Ladies/Gentlemen:

    We, the undersigned, offer to provide the consulting services for [Title of consultingservices] in accordance with your Request for Proposal dated [Date] and our Proposal. We

    are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial

    1

    Proposal sealed under a separate envelope.

    If negotiations are held during the period of validity of the Proposal, i.e., before[Date] we undertake to negotiate on the basis of the proposed staff. Our Proposal is bindingupon us and subject to the modifications resulting from Contract negotiations.

    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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    4B.FIRMSREFERENCES

    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/entity,either individually as a corporate entity or as one of the major companies within anassociation, was legally contracted.

    Assignment Name: Country:

    Location within Country: Professional Staff Provided byYour Firm/Entity(profiles):

    Name of Client: Noof Staff:

    Address: Noof Staff-Months; Duration ofAssignment:

    Start Date (Month/Year): Completion Date(Month/Year):

    Approx. Value of Services (inCurrent US$):

    Name of Associated Consultants, If Any: Noof Months of ProfessionalStaff Provided by AssociatedConsultants:

    Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved andFunctions Performed:

    Narrative Description of Project:

    Description of Actual Services Provided by Your Staff:

    Firms Name:

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    4C.COMMENTSAND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE

    AND OTHER 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.

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    4D.DESCRIPTION OF THEMETHODOLOGYAND WORK PLAN FOR PERFORMING THE

    ASSIGNMENT

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    --

    4E.TEAM COMPOSITION AND TASK ASSIGNMENTS

    1. Technical/Managerial Staff

    Name Position Task

    2. Support Staff

    Name Position Task

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    4F.FORMATOF CURRICULUM VITAE (CV)FOR PROPOSED PROFESSIONAL STAFF

    Proposed Position:

    Name of Firm:

    Name of Staff:

    Profession:

    Date of Birth:

    Years with Firm/Entity: Nationality:

    Membership in Professional Societies:

    Detailed Tasks Assigned:

    Key Qualifications:

    [Give an outline of staff members experience and training most pertinent to tasks onassignment. Describe degree of responsibility held by staff member on relevant previous

    assignments and give dates and locations. Use about half a page.]

    Education:

    [Summarize college/university and other specialized education of staff member, givingnames of schools, dates attended, and degrees obtained. Use about one quarter of a

    page.]

    Employment Record:

    [Starting with present position, list in reverse order every employment held. List allpositions held by staff member since graduation, giving dates, names of employing

    organizations, titles of positions held, and locations of assignments. For experience in

    last ten years, also give types of activities performed and client references, where

    appropriate. Use about two pages.]

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    Languages:

    [For each language indicate proficiency: excellent, good, fair, or poor in speaking,reading, and writing.]

    Certification:

    I, the undersigned, certify that to the best of my knowledge and belief, these datacorrectly describe me, my qualifications, and my experience.

    Date:[Signature of staff member and authorized representative of the firm] Day/Month/Year

    Full name of staff member: ______________________________________Full name of authorized representative: ___________________________

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    4G. TIMESCHEDULE FOR PROFESSIONAL PERSONNEL

    Months (in the For

    Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9

    Full-time: Part-time:Reports Due:Activities Duration:

    Signature:(Authorized representative)

    Full Name:

    Title:

    Address:

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    SECTION V- FINANCIAL QUOTATION (FQ)

    Section 4. Financial Proposal - Standard Forms

    5A. Financial Proposal submission form.

    5B. Summary of costs.

    5C. Breakdown of price per activity.

    5D. Breakdown of remuneration per activity.

    5E. Reimbursable per activity.

    5F. miscellaneous expenses.

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    5A.FINANCIALPROPOSAL SUBMISSION FORM

    [Location, Date]

    To: [Name and address of Client]Ladies/Gentlemen:

    We, the undersigned, offer to provide the consulting services for [Title ofconsulting services] in accordance with your Request for Proposal dated [Date] and ourProposal (Technical and Financial Proposals). Our attached Financial Proposal is for thesum of [Amount in words and figures]. This amount is exclusive of the local taxes, whichwe have estimated at [Amount(s) inwords and figures].

    Our Financial Proposal shall be binding upon us subject to the modificationsresulting from Contract negotiations, up to expiration of the validity period of theProposal, i.e., [Date].

    Commissions and gratuities, if any, paid or to be paid by us to agents relating tothis Proposal and Contract execution, if we are awarded the Contract, are listed below:

    Name and Addressof Agents

    Amount andCurrency

    Purpose of Commissionor Gratuity

    ___________________ _________________ _____________________________________ _________________ _____________________________________ _________________ __________________

    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:

    5B. SUMMARYOF COSTS

    Costs Currency(ies)2 Amount(s)

    Subtotal

    Local Taxes

    Total Amount of Financial Proposal

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    5. REIMBURSABLESPER ACTIVITY

    Activity No:_________________________________ Name:_____________________

    No.

    Description Unit Quantity Unit PriceIn kshs

    Total Amount In kshs

    Grand Total

    6. MISCELLANEOUSEXPENSES

    Activity No._______________________________ Activity Name:____________________________

    No. Description

    Grand Total

    Unit Quantity Unit Price Total Amount

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    II. General Conditions of Contract

    1. General Provisions

    1.1 Definitions Unless the context otherwise requires, the following terms

    whenever used in this Contract have the following meanings:

    (a) Applicable Law means the laws and any other instrumentshaving the force of law in the Governments country (or insuch other country as may be specified in the SpecialConditions of Contract (SC)), as they may be issued and inforce from time to time;

    (c) Contract means the Contract signed by the Parties, towhich these General Conditions of Contract (GC) areattached, together with all the documents listed in Clause 1of such signed Contract;

    (d) Contract Price means the price to be paid for theperformance of the Services, in accordance with Clause 6;

    (e) Foreign Currency means any currency other than thecurrency of the Government;

    (f) GC means these General Conditions of Contract;

    (g) Government means the Government of the Clientscountry;

    (h) Local Currency means the currency of the Government;

    (i) Member, in case the Consultants consist of a joint ventureof more than one entity, means any of these entities;Members means all these entities, and Member inCharge means the entity specified in the SC to act on their

    behalf in exercising all the Consultants rights andobligations towards the Client under this Contract;

    (j) Party means the Client or the Consultants, as the case maybe, and Parties means both of them;

    (k) Personnel means persons hired by the Consultants or byany Sub consultant as employees and assigned to the

    performance of the Services or any part thereof;

    (l) SC means the Special Conditions of Contract by which theGC may be amended or supplemented;

    (m) Services means the work to be performed by the

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    Consultants pursuant to this Contract, as described inAppendix A; and

    (n) Sub consultant means any entity to which the Consultantssubcontract any part of the Services in accordance with the

    provisions of Clauses 3.5 and 4.

    1.2 Law Governingthe Contract

    This Contract, its meaning and the relation between the Partiesshall be governed by the Applicable Law.

    1.3 Language This Contract has been executed in the language specified in theSC, which shall be the binding and controlling language for allmatters relating to the assignment in relation of this Contract.

    1.4 Notices Any notice, request, or consent made pursuant to this Contractshall be in writing and shall be deemed to have been made whendelivered in person to an authorized representative of the Party towhom the communication is addressed, or when sent by registeredmail, telex, telegram, or facsimile to such Party at the addressspecified in the SC.

    1.5 Location The Services shall be performed at such locations as are specifiedin Appendix A and, where the location of a particular task is notso specified, at such locations, whether in the Governmentscountry or elsewhere, as the Client may approve.

    1.6 AuthorizedRepresentatives

    Any action required or permitted to be taken, and any documentrequired or permitted to be executed, under this Contract by theClient or the Consultants may be taken or executed by the officials

    specified in the SC.

    1.7 Taxes andDuties

    Unless otherwise specified in the SC, the Consultants, Subconsultants, and their Personnel shall pay such taxes, duties, fees,and other impositions as may be levied under the Applicable Law,the amount of which is deemed to have been included in theContract Price.

    2. Commencement, Completion, Modification, and Termination of Contract

    2.1 Effectiveness ofContract

    This Contract shall come into effect on the date the Contract is signed byboth parties and such other later date as may be stated in the SC.

    2.2 Commencement ofServices

    The Consultants shall begin carrying out the Services thirty (30) daysafter the date the Contract becomes effective, or at such other date asmay be specified in the SC.

    2.3 Expiration ofContract

    Unless terminated earlier pursuant to Clause 2.6, this Contract shallterminate at the end of such time period after the Effective Date as isspecified in the SC.

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    2.4 Modification Modification of the terms and conditions of this Contract, including anymodification of the scope of the Services or of the Contract Price, mayonly be made by written agreement between the Parties and shall not beeffective until the consent of the School, as the case may be, has beenobtained.

    2.5 Force Majeure

    2.5.1 Dfinition For the purposes of this Contract, Force Majeure means an eventwhich is beyond the reasonable control of a Party and which makes aPartys performance of its obligations under the Contract impossible orso impractical as to be considered impossible under the circumstances.

    2.5.2 No Breach

    of Contract

    The failure of a Party to fulfill any of its obligations under the contractshall not be considered to be a breach of, or default under, this Contractinsofar as such inability arises from an event of Force Majeure, providedthat the Party affected by such an event (a) has taken all reasonable

    precautions, due care and reasonable alternative measures in order tocarry out the terms and conditions of this Contract, and (b) has informedthe other Party as soon as possible about the occurrence of such an event.

    2.5.3 Extension

    of Time

    Any period within which a Party shall, pursuant to this Contract,complete any action or task, shall be extended for a period equal to thetime during which such Party was unable to perform such action as aresult of Force Majeure.

    2.5.4 Payments During the period of their inability to perform the Services as a result ofan event of Force Majeure, the Consultants shall be entitled to continueto be paid under the terms of this Contract, as well as to be reimbursed

    for additional costs reasonably and necessarily incurred by them duringsuch period for the purposes of the Services and in reactivating theService after the end of such period.

    2.6 Termination

    2.6.1 By the

    Client

    The Client may terminate this Contract, by not less than thirty (30) dayswritten notice of termination to the Consultants, to be given after theoccurrence of any of the events specified in paragraphs (a) through (d) ofthis Clause 2.6.1 and sixty (60) days in the case of the event referred toin (e):

    (a) if the Consultants do not remedy a failure in the performance oftheir obligations under the Contract, within thirty (30) days after

    being notified or within any further period as the Client may havesubsequently approved in writing;

    (b) if the Consultants become insolvent or bankrupt;

    (c) if, as the result of Force Majeure, the Consultants are unable toperform a material portion of the Services for a period of not less

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    than sixty (60) days; or

    (d) If the consultant, in the judgment of the client has engaged incorrupt or fraudulent practices in competing for or in executing theContract.

    For the purpose of this clause:

    Corrupt practice means the offering, giving, receiving, orsoliciting of any thing of value to influence the action of a publicofficial in the selection process or in contract execution.

    fraudulent practice means a misrepresentation of facts in order toinfluence a selection process or the execution of a contract to thedetriment of the Borrower, and includes collusive practice amongconsultants (prior to or after submission of proposals) designed toestablish prices at artificial non-competitive levels and to deprivethe Borrower of the benefits of free and open competition.

    (e) If the Client, in its sole discretion, decides to terminate this

    Contract.

    2.6.2 by the

    Consultants

    The Consultants may terminate this Contract, by not less than thirty (30)days written notice to the Client, such notice to be given after theoccurrence of any of the events specified in paragraphs (a) and (b) of thisClause 2.6.2:

    (a) if the Client fails to pay any monies due to the Consultantspursuant to this Contract and not subject to dispute pursuant toClause 7 within forty-five (45) days after receiving written noticefrom the Consultants that such payment is overdue; or

    (b) If, as the result of Force Majeure, the Consultants are unable toperform a material portion of the Services for a period of not lessthan sixty (60) days.

    2.6.3 Payment

    upon

    Termination

    Upon termination of this Contract pursuant to Clauses 2.6.1 or 2.6.2, theClient shall make the following payments to the Consultants:

    (a) remuneration pursuant to Clause 6 for Services satisfactorilyperformed prior to the effective date of termination;

    (b) Except in the case of termination pursuant to paragraphs (a) and (b)of Clause 2.6.1, reimbursement of any reasonable cost incident tothe prompt and orderly termination of the Contract, including thecost of the return travel of the Personnel and their eligibledependents.

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    3. Obligations of the Consultants

    3.1 General The Consultants shall perform the Services and carry out theirobligations with all due diligence, efficiency, and economy, inaccordance with generally accepted professional techniques and

    practices, and shall observe sound management practices, and

    employ appropriate advanced technology and safe methods. TheConsultants shall always act, in respect of any matter relating tothis Contract or to the Services, as faithful advisers to the Client,and shall at all times support and safeguard the Clientslegitimate interests in any dealings with Sub consultants or third

    parties.

    3.2 Conflict of

    Interests

    3.2.1 Consultants

    Not to

    Benefit fromCommissions,

    Discounts,

    etc.

    The remuneration of the Consultants pursuant to Clause 6 shallconstitute the Consultants sole remuneration in connection with

    this Contract or the Services, and the Consultants shall not acceptfor their own benefit any trade commission, discount, or similar

    payment in connection with activities pursuant to this Contract orto the Services or in the discharge of their obligations under theContract, and the Consultants shall use their best efforts to ensurethat the Personnel, any Sub consultants, and agents of either ofthem similarly shall not receive any such additionalremuneration.

    3.2.2 Consultants

    and Affiliatesnot to be

    otherwise

    interested in

    Project

    The Consultants agree that, during the term of this Contract and

    after its termination, the Consultants and their affiliates, as wellas any Sub consultant and any of its affiliates, shall bedisqualified from providing goods, works, or services (other thanthe Services and any continuation thereof) for any projectresulting from or closely related to the Services.

    3.2.3 Prohibition

    of

    Conflicting

    Activities

    Neither the Consultants nor their Sub consultants nor thePersonnel shall engage, either directly or indirectly, in any of thefollowing activities:

    (a) during the term of this Contract, any business orprofessional activities in the Governments country which

    would conflict with the activities assigned to them underthis Contract; or

    (b) After the termination of this Contract, such other activitiesas may be specified in the SC.

    3.3 Confidentiality The Consultants, their Sub consultants, and the Personnel ofeither of them shall not, either during the term or within two (2)years after the expiration of this Contract, disclose any

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    proprietary or confidential information relating to the Project, theServices, this Contract, or the Clients business or operationswithout the prior written consent of the Client.

    3.4 Insurance to beTaken Out by the

    Consultants

    The Consultants (a) shall take out and maintain, and shall causeany Sub consultants to take out and maintain, at their (or the Sub

    consultants, as the case may be) own cost but on terms andconditions approved by the Client, insurance against the risks,and for the coverage, as shall be specified in the SC; and (b) atthe Clients request, shall provide evidence to the Client showingthat such insurance has been taken out and maintained and thatthe current premiums have been paid.

    3.5 ConsultantsActions RequiringClients PriorApproval

    The Consultants shall obtain the Clients prior approval inwriting before taking any of the following actions:

    (a) entering into a subcontract for the performance of any partof the Services,

    (b) appointing such members of the Personnel not listed byname in Appendix C (Key Personnel and Subconsultants), and

    (c) Any other action that may be specified in the SC.

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    3.6 ReportingObligations

    The Consultants shall submit to the Client the reports anddocuments specified in Appendix B in the form, in the numbers,and within the periods set forth in the said Appendix.

    3.7 DocumentsPrepared by the

    Consultants to Bethe Property of theClient

    All plans, drawings, specifications, designs, reports, and otherdocuments and software submitted by the Consultants in

    accordance with Clause 3.6 shall become and remain the propertyof the Client, and the Consultants shall, not later than upontermination or expiration of this Contract, deliver all suchdocuments and software to the Client, together with a detailedinventory thereof. The Consultants may retain a copy of suchdocuments and software. Restrictions about the future use ofthese documents, if any, shall be specified in the SC.

    4. Consultants Personnel

    4.1 Description ofPersonnel

    The titles, agreed job descriptions, minimum qualifications, andestimated periods of engagement in the carrying out of theServices of the Consultants Key Personnel are described inAppendix C. The Key Personnel and Sub consultants listed bytitle as well as by name in Appendix C are hereby approved bythe Client.

    4.2 Removal and/orReplacement ofPersonnel

    (a) Except as the Client may otherwise agree, no changes shallbe made in the Key Personnel. If, for any reason beyondthe reasonable control of the Consultants, it becomesnecessary to replace any of the Key Personnel, theConsultants shall provide as a replacement a person ofequivalent or better qualifications.

    (b) If the Client finds that any of the Personnel have (i)committed serious misconduct or have been charged withhaving committed a criminal action, or (ii) have reasonablecause to be dissatisfied with the performance of any of thePersonnel, then the Consultants shall, at the Clients writtenrequest specifying the grounds thereof, provide as areplacement a person with qualifications and experienceacceptable to the Client.

    (c) The Consultants shall have no claim for additional costsarising out of or incidental to any removal and/or

    replacement of Personnel.

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    5. Obligations of the Client

    5.1 Assistance andExemptions

    The Client shall use its best efforts to ensure that the School shallprovide the Consultants such assistance and exemptions asspecified in the SC.

    5.2 Change in theApplicable Law

    If, after the date of this Contract, there is any change in theApplicable Law with respect to taxes and duties which increasesor decreases the cost of the services rendered by the Consultants,then the remuneration and reimbursable expenses otherwise

    payable to the Consultants under this Contract shall be increasedor decreased accordingly by agreement between the Parties, andcorresponding adjustments shall be made to the amounts referredto in Clauses 6.2 (a) or (b), as the case may be.

    5.3 Services andFacilities

    The Client shall make available to the Consultants the Servicesand Facilities listed under Appendix F.

    6. Payments to the Consultants

    6.1 Lump-SumRemuneration

    The Consultants total remuneration shall not exceed the ContractPrice and shall be a fixed lump-sum including all staff costs, Subconsultants costs, printing, communications, travel,accommodation, and the like, and all other costs incurred by theConsultant in carrying out the Services described in Appendix A.Except as provided in Clause 5.2, the Contract Price may only beincreased above the amounts stated in Clause 6.2 if the Partieshave agreed to additional payments in accordance with Clause

    2.4.

    6.2 Contract Price(b) The price payable in local currency is set forth in the SC.

    6.3 Payment forAdditionalServices

    For the purpose of determining the remuneration due foradditional services as may be agreed under Clause 2.4, a

    breakdown of the lump-sum price is provided in Appendices Dand E.

    6.4 Terms andConditions of

    Payment

    Payments will be made to the account of the Consultants andaccording to the payment schedule stated in the SC. Unless

    otherwise stated in the SC, the first payment shall be madeagainst the provision by the Consultants of a bank guarantee forthe same amount, and shall be valid for the period stated in theSC. Any other payment shall be made after the conditions listedin the SC for such payment have been met, and the Consultantshave submitted an invoice to the Client specifying the amountdue.

    6.5 Interest on If the Client has delayed payments beyond fifteen (15) days after

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    DelayedPayments

    the due date stated in the SC, interest shall be paid to theConsultants for each day of delay at the rate stated in the SC.

    7. Settlement of Disputes

    7.1 Amicable

    Settlement

    The Parties shall use their best efforts to settle amicably all

    disputes arising out of or in connection with this Contract or itsretention.

    7.2 DisputeSettlement

    Any dispute between the Parties as to matters arising pursuant tothis Contract that cannot be settled amicably within thirty (30)days after receipt by one Party of the other Partys request for suchamicable settlement may be submitted by either Party forsettlement in accordance with the provisions specified in the SC.

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    III. Special Conditions of Contract

    Number of GC

    Clause

    Amendments of, and Supplements to, Clauses in the General

    Conditions of Contract

    [1.1(a) The words in the Governments country are amended to readKenya

    [1.1(i) The Member in Charge : Network AdministratorTel: 0208646000 EXT 176

    1.3 The language is English

    1.4 The addresses are:

    Client: KENYA SCHOOL OF MONETARY STUDIESAttention: PROCUREMENT MANAGER

    Tel: 8646171 Cell phone: 0717-600668, 0733-600668.Consultants:Attention:Address:Facsimile:

    1.6 The Authorized Representatives are:

    For the Client:

    For the Consultants:

    [1.7

    [2.1 The date on which this Contract shall come into effect isimmediately after signing contract.

    [2.2 The date for the commencement of Services is 7 days after receiptof signed contract.

    2.3 The period shall be as the parties may agree in writing duringnegotiations.

    3.4 The risks and coverage shall be:

    (ii) Third Party liability Yes

    (iii) Employers liability and workers compensation Yes

    (iv) Professional liability Yes

    (v) Loss or damage to equipment and property Yes

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    In accordance with the Laws of Kenya.

    [3.7 The Consultants shall not use these documents for purposesunrelated to this Contract without the prior written approval of

    the Client.

    6.2(b) The amount in local currency is Kenya Shilling.

    6.5 Payment shall be made within 45days of receipt of the invoice andthe relevant documents specified in Clause 6.4, and within 60 days inthe case of the final payment.

    The interest rate is the Commercial Bank prevailing marketlending rates.

    7.2 Any dispute, controversy, or claim arising out of or relating to this

    contract, or the breach, termination, or invalidity thereof, shall besettled by arbitration in accordance with the Laws of the Republicof Kenya.

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    SECTION VI - STANDARD CONTRACT FORM

    CONSULANCY/DESIGN

    (Lump-sum payments)

    This Agreement, [hereinafter called the Contract) is entered into this [insertstarting date of assignment], by and between.

    [Insert Clients name] of [or whoseregistered office is situated at] [insert Clientsaddress] (hereinafter called the Client) of the one part AND

    [Insert Consultants name] of [orwhose registered office is situated at]

    [insert Consultants address] (hereinafter called the Consultant) of the other part.

    WHEREAS the Client wishes to have the Consultant perform the services [hereinafterreferred 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 andScope of Service, which is made an integral partOf this Contract.

    (ii) The Consultant shall provide the personnel listedAppendix B, Consultants Personnel, to performthe Services.

    (iii) The Consultant shall submit to the Client thereports in the form and within the time periodsSpecified in Appendix C, ConsultantsReporting Obligations.

    2. Term The Consultant shall perform the Services during theperiod commencing on [insert starting date] andthrough to [insert completion date],

    or any other period(s) as may be subsequently agreed bythe parties in writing.

    3. Payment A. CeilingFor Services rendered pursuant to Appendix A, theClient shall pay the Consultant an amount not toExceed [insert amount]. This amountHas been established based on the understandingthat it includes all the Consultants costs and

    profits as well as any tax obligation that may beimposed on the Consultant.

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    B. Schedule of Payments

    Payment will be made according to the following scheduleHundred (100) percent of the contract price shall be paidupon satisfactory delivery of all required reports.

    C. Payment ConditionsPayment shall be made in Kenya Shillings unlessotherwise specified not later than thirty (45) daysfollowing submission by the Consultant ofinvoices in duplicate to the Coordinator designatedin Clause 4 here below. If the Client has delayed

    payments beyond thirty (30) days after the duedate hereof, simple interest shall be paid to theConsultant for each day of delay at a rate threePercentage points above the prevailing CentralBank of Kenyas average rate for base lending.

    4. Project A. CoordinatorAdministration The Client designates Network Administrator

    as Clients Coordinator; theCoordinator will be responsible for theCoordination of activities under this Contract,For acceptance and approval of the reports and ofother deliverables, by the Client and for receivingand approving invoices for payment.

    B. ReportsThe reports listed in Appendix C, ConsultantsReporting Obligations, shall be submitted in theCourse of the assignment and will constitute the

    basis for the payments to be made under paragraph3.

    5 Performance The Consultant undertakes to perform the ServicesStandards with the highest standards of professional and

    ethical competence and integrity. The Consultantshall promptly replace any employees assignedUnder this Contract that the Client considersUnsatisfactory.

    6. Confidentiality The Consultant shall not, during the term of thisContract and within two years after its expirationDisclose any proprietary or confidentialInformation relating to the Services, this ContractOr the Clients business or operations without thePrior written consent of the Client.

    7. Ownership of Any studies, reports or other material, graphic,Material software or otherwise prepared by the Consultant

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    for the Client under the Contract shall belong toand remain the property of the Client. TheConsultant may retain a copy of such documentsand software.

    8. Consultant Not The Consultant agrees that during the term of this

    To be Engaged Contract and after its termination the ConsultantIn certain and any entity affiliated with the Consultant shallActivities be disqualified from providing goods, works or

    services (other than the Services and anyContinuation thereof) for any project resultingfrom or closely related to the Services.

    9. Insurance The Consultant will be responsible for taking outany appropriate insurance coverage.

    10. Assignment The Consultant shall not assign this Contract orSub-contract any portion of it without the Clients

    prior written consent.

    11. Law Governing The Contract shall be governed by the laws ofContract and Kenya and the language of the Contract shall beLanguage English language.

    12. Dispute Any dispute arising out of the Contract whichResolution cannot be amicably settled between the parties

    shall be referred by either party to the arbitrationand final decision of a person to be agreed

    between the parties. Failing agreement to concurin the appointment of an Arbitrator, the Arbitratorshall be appointed by the chairman of theChartered 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

    REQUEST FOR REVIEW FORM

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    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 theday 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 NoTel. 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 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