rfp for recruitment services 2016 final kalvin

7/25/2019 RFP for Recruitment Services 2016 Final Kalvin

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CAPITAL MARKETS AUTHORITY

REQUEST FOR PROPOSAL (RFP)

FOR

PROVISION OF RECRUITMENT AND SELECTION CONSULTANCY SERVICES

RFP NO. CMA/RFP 007/2015/2016

CAPITAL MARKETS AUTHORITYEMBANKMENT PLAZA, 3RDFLOOR

LONGONOT ROAD, UPPER HILLP.O. BOX 74800, 00200 NAIROBI.TEL: (+254 2) 2264900, 2221910

[email protected]

JANUARY 2016
mailto:[email protected]:[email protected]


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CAPITAL MARKETS AUTHORITY2

TABLE OF CONTENTS

PageINTRODUCTION .. 1

SECTION I. Letter of Invitation 4

SECTION II. Information to consultants 5

Appendix to information to Consultants 12

SECTION III Technical Proposal . 15

SECTION IV. Financial Proposal . 26

SECTION V Terms of Reference 34

SECTION VI. Standard Forms of Contract 35

ANNEXES:

Annex I. Large Assignments: Lump-Sum Payments

Annex II. Large or Small Assignments: Time-Based Payments

Annex III. Small Assignments: Lump-Sum Payments


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INTRODUCTION

The Capital Markets Authority (CMA) was set up in 1989 through an Act of ParliamentCap. 485A Laws of Kenya. The CMA, which is a body corporate with perpetualsuccession and a common seal, was constituted and inaugurated in 1990. The CMA is

a statutory agency charged with the prime responsibility of regulating thedevelopment of orderly, fair and efficient capital markets in Kenya. It licenses andsupervises market intermediaries, conducts on-site and off-site market surveillanceand enforces compliance, and promotes market integrity and investor confidence.

The Authority seeks to engage a recruitment firm to undertake recruitment andselection services for various positions.


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SECTION I - LETTER OF INVITATION

Our Ref: RFP/CMA-007/2015/2016 13THJanuary, 2016

Dear Sir,

RE: RECRUITMENT AND SELECTION CONSULTANCY SERVICES

RFP/CMA-007/2015/2016

Capital Markets Authority is pleased to invite you to submit a proposal forundertaking the above mentioned exercise.

Completed proposal are to be enclosed in plain sealed envelopes, CLEARLY markedwith the tender number and tender description and be deposited in the Tender Box atEmbankment Plaza, 3rd Floor, Longonot Road, Upperhill, Nairobi or be addressed to:

Ag. Chief ExecutiveCapital Markets Authority,Embankment Plaza, 3rd floorP.O. Box 74800-00200Nairobi

Telephone: +254-20-2264400 Fax: +254-20-342825Email: [email protected]; Website:http://www.cma.or.ke

so as to be received on or before 28thJanuary 2016 at 11:00 a.m.

You are also requested to thoroughly familiarize yourself with the contents of thisdocument to ensure that your proposal is responsive to the requirements and theterms of reference.

Edwin Njamura,Director, Corporate ServicesFOR: AG. CHIEF EXECUTIVE
http://www.cma/http://www.cma/http://www.cma/


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SECTION IIINFORMATION TO CONSULTANTS (ITC)

Table of Contents

Page2.1 Introduction

2.2

Clarification and amendment of RFP document

2.3 Preparation of Technical Proposal

2.4 Financial proposal

2.5 Submission, Receipt and opening of proposals

2.6 Proposal evaluation general

2.7 Evaluation of Technical proposal

2.8 Public opening and Evaluation of financial proposal

2.9 Negotiations

2.10

Award of Contract

2.11

Confidentiality

2.12 Corrupt or fraudulent practices


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SECTION II: - INFORMATION TO CONSULTANTS (ITC)

2.1 Introduction

2.1.1

The Client named the Appendix to ITC will select a firm among those invited tosubmit a proposal, in accordance with the method of selection detailed in theappendix. The method of selection shall be as indicated by the procuring entityin the Appendix.

2.1.2The consultants are invited to submit a Technical Proposal and a FinancialProposal, or a Technical Proposal only, as specified in the Appendix ITC forconsulting services required for the assignment named in the said Appendix. A

Technical Proposal only may be submitted in assignments where the Clientintends to apply standard conditions of engagement and scales of fees forprofessional services which are regulated as is the case with Building and CivilEngineering Consulting services. In such a case the highest ranked firm of thetechnical proposal shall be invited to negotiate a contract on the basis of scalefees. The proposal will be the basis for Contract negotiations and ultimately fora signed Contract with the selected firm.

2.1.3

The consultants must familiarize themselves with local conditions and takethem into account in preparing their proposals. To obtain first handinformation on the assignment and on the local conditions, consultants areencouraged to liase with the Client regarding any information that they mayrequire before submitting a proposal and to attend a pre-proposal conferencewhere applicable. Consultants should contact the officials named in theAppendix ITC to arrange for any visit or to obtain additional information onthe pre-proposal conference. Consultants should ensure that these officials areadvised of the visit in adequate time to allow them to make appropriatearrangements.

2.1.4

The Procuring entity will provide the inputs specified in the Appendix ITC,assist the firm in obtaining licenses and permits needed to carry out theservices and make available relevant project data and reports.

2.1.5

Please note that (i) the costs of preparing the proposal and of negotiating theContract, including any visit to the Client are not reimbursable as a direct costof the assignment; and (ii) the Client is not bound to accept any of the proposalssubmitted.

2.1.6The procuring entitys employees, committee members, board members andtheir relative (spouse and children) are not eligible to participate.

2.1.7

The price to be changed for the tender document shall not exceed Kshs.1,000/=

2.1.8The procuring entity shall allow the tenderer to review the tender document freeof charge before purchase.


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2.2 Clarification and Amendment of RFP Documents2.2.1 Consultants may request a clarification of any of the RFP documents only up to

seven [7] days before the proposal submission date. Any request forclarification must be sent in writing by paper mail, cable, telex, facsimile or electronic mail to the Clients address indicated in the Appendix ITC. TheClient will respond by cable, telex, facsimile or electronic mail to such requestsand will send written copies of the response (including an explanation of the

query but without identifying the source of inquiry) to all invited consultantswho intend to submit proposals.

2.2.2 At any time before the submission of proposals, the Client may for any reason,whether at his own initiative or in response to a clarification requested by aninvited firm, amend the RFP. Any amendment shall be issued in writingthrough addenda. Addenda shall be sent by mail, cable, telex or facsimile to allinvited consultants and will be binding on them. The Client may at hisdiscretion extend the deadline for the submission of proposals.

2.3 Preparation of Technical Proposal

2.3.1The Consultants proposal shall be written in English language

2.3.2In preparing the Technical Proposal, consultants are expected to examine thedocuments constituting this RFP in detail. Material deficiencies in providing theinformation requested may result in rejection of a proposal.

2.3.3While preparing the Technical Proposal, consultants must give particularattention to the following:

(i) If a firm considers that it does not have all the expertise for the

assignment, it may obtain a full range of expertise by associating withindividual consultant(s) and/or other firms or entities in a joint ventureor sub-consultancy as appropriate. Consultants shall not associate withthe other consultants invited for this assignment. Any firms associatingin contravention of this requirement shall automatically be disqualified.

(ii) For assignments on a staff-time basis, the estimated number ofprofessional staff-time is given in the Appendix. The proposal shallhowever be based on the number of professional staff-time estimated bythe firm.

(iii) It is desirable that the majority of the key professional staff proposed be

permanent employees of the firm or have an extended and stable workingrelationship with it.

(iv) Proposed professional staff must as a minimum, have the experienceindicated in Appendix, preferably working under conditions similar tothose prevailing in Kenya.


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(v)

Alternative professional staff shall not be proposed and only oneCurriculum Vitae (CV) may be submitted for each position.

2.3.4The Technical Proposal shall provide the following information using theattached Standard Forms;

(i)

A brief description of the firms organization and an outline of recent

experience on assignments of a similar nature. For each assignment theoutline should indicate inter alia, the profiles of the staff proposed,duration of the assignment, contract amount and firms involvement.

(ii) Any comments or suggestions on the Terms of Reference, a list of servicesand facilities to be provided by the Client.

(iii) A description of the methodology and work plan for performing theassignment.

(iv) The list of the proposed staff team by specialty, the tasks that would beassigned to each staff team member and their timing.

(v) CVs recently signed by the proposed professional staff and the authorizedrepresentative submitting the proposal. Key information should includenumber of years working for the firm/entity and degree of responsibilityheld in various assignments during the last ten (10) years.

(vi)

Estimates of the total staff input (professional and support staff staff-time) needed to carry out the assignment supported by bar chartdiagrams showing the time proposed for each professional staff teammember.

(vii) A detailed description of the proposed methodology, staffing andmonitoring of training, if Appendix A specifies training as a majorcomponent of the assignment.

(viii) Any additional information requested in Appendix A.

2.3.5The Technical Proposal shall not include any financial information.

2.4 Preparation of Financial Proposal

2.4.1

In preparing the Financial Proposal, consultants are expected to take intoaccount the requirements and conditions outlined in the RFP documents. TheFinancial Proposal should follow Standard Forms ( Section D). It lists all costsassociated with the assignment including; (a) remuneration for staff (in the fieldand at headquarters), and; (b) reimbursable expenses such as subsistence (perdiem, housing), transportation (international and local, for mobilization and


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demobilization), services and equipment (vehicles, office equipment, furniture,and supplies), office rent, insurance, printing of documents, surveys, andtraining, if it is a major component of the assignment. If appropriate these costsshould be broken down by activity.

2.4.2The Financial Proposal should clearly identify as a separate amount, the localtaxes, duties, fees, levies and other charges imposed under the law on theconsultants, the sub-consultants and their personnel, unless Appendix A

specifies otherwise.

2.4.3

Consultants shall express the price of their services in Kenya Shillings.

2.4.4 Commissions and gratuities, if any, paid or to be paid by consultants andrelated to the assignment will be listed in the Financial Proposal submissionForm.

2.4.5The Proposal must remain valid for 60 days after the submission date. Duringthis period, the consultant is expected to keep available, at his own cost, theprofessional staff proposed for the assignment. The Client will make his besteffort to complete negotiations within this period. If the Client wishes to extend

the validity period of the proposals, the consultants shall agree to the extension.

2.5 Submission, Receipt, and Opening of Proposals

2.5.1

The original proposal (Technical Proposal and, if required, Financial Proposal;see para. 1.2) shall be prepared in indelible ink. It shall contain nointerlineation or overwriting, except as necessary to correct errors made by thefirm itself. Any such corrections must be initialed by the persons or personauthorised to sign the proposals.

2.5.2 For each proposal, the consultants shall prepare the number of copies indicatedin Appendix A. Each Technical Proposal and Financial Proposal shall bemarked ORIGINALor COPY as appropriate. If there are any discrepanciesbetween the original and the copies of the proposal, the original shall govern.

2.5.3The original and all copies of the Technical Proposal shall be placed in a sealedenvelope clearly marked TECHNICAL PROPOSAL, and the original and allcopies of the Financial Proposal in a sealed envelope clearly markedFINANCIAL PROPOSAL and warning: DO NOT OPEN WITH THETECHNICAL PROPOSAL. Both envelopes shall be placed into an outer

envelope and sealed. This outer envelope shall bear the submission addressand other information indicated in the Appendix ITC and be clearly marked,DO NOT OPEN, EXCEPT IN PRESENCE OF THE OPENING COMMITTEE.

2.5.4

The completed Technical and Financial Proposals must be delivered at thesubmission address on or before the time and date stated in the Appendix


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ITC. Any proposal received after the closing time for submission of proposalsshall be returned to the respective consultant unopened.

2.5.5 After the deadline for submission of proposals, the Technical Proposal shall beopened immediately by the opening committee. The Financial Proposal shallremain sealed and deposited with a responsible officer of the client departmentup to the time for public opening of financial proposals.

2.6 Proposal Evaluation General

2.6.1

From the time the bids are opened to the time the Contract is awarded, if anyconsultant wishes to contact the Client on any matter related to his proposal,he should do so in writing at the address indicated in the Appendix ITC. Anyeffort by the firm to influence the Client in the proposal evaluation, proposalcomparison or Contract award decisions may result in the rejection of theconsultants proposal.

2.6.2 Evaluators of Technical Proposals shall have no access to the FinancialProposals until the technical evaluation is concluded.

2.7 Evaluation of Technical Proposal

2.7.1The evaluation committee appointed by the Client shall evaluate the proposalson the basis of their responsiveness to the Terms of Reference, applying theevaluation criteria as follows

Points(i)

Specific experience of the consultantrelated to the assignment (5-10)

(ii)

Adequacy of the proposed work plan andmethodology in responding to the termsof reference (20-40)

(iii)

Qualifications and competence ofthe key staff for the assignment (30-40)

(iv) Suitability to the transfer of TechnologyProgramme (Training) (0-10)

Total Points 100__

Each responsive proposal will be given a technical score (St).A proposal shall be rejected at this stage if it does notrespond to important aspects of the Terms of Reference or if itfails to achieve the minimum technical score indicated in the

Appendix ITC.

2.8 Public Opening and Evaluation of Financial Proposal


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2.8.1 After Technical Proposal evaluation , the Client shall notify those consultantswhose proposals did not meet the minimum qualifying mark or were considerednon-responsive to the RFP and Terms of Reference, indicating that theirFinancial Proposals will be returned after completing the selection process. TheClient shall simultaneously notify the consultants who have secured theminimum qualifying mark, indicating the date and time set for opening theFinancial Proposals and stating that the opening ceremony is open to thoseconsultants who choose to attend. The opening date shall not be sooner than

seven (7) days after the notification date. The notification may be sent byregistered letter, cable, telex, facsimile or electronic mail.

2.8.2The Financial Proposals shall be opened publicly in the presence of theconsultants representatives who choose to attend. The name of the consultant,the technical. Scores and the proposed prices shall be read aloud and recordedwhen the Financial Proposals are opened. The Client shall prepare minutes ofthe public opening.

2.8.3The evaluation committee will determine whether the financial proposals arecomplete (i.e. Whether the consultant has costed all the items of thecorresponding Technical Proposal and correct any computational errors. The

cost of any unpriced items shall be assumed to be included in other costs in theproposal. In all cases, the total price of the Financial Proposal as submittedshall prevail.

2.8.4 While comparing proposal prices between local and foreign firms participatingin a selection process in financial evaluation of Proposals, firms incorporated inKenya where indigenous Kenyans own 51% or more of the share capital shall beallowed a 10% preferential bias in proposal prices. However, there shall be nosuch preference in the technical evaluation of the tenders. Proof of localincorporation and citizenship shall be required before the provisions of this sub-clause are applied. Details of such proof shall be attached by the Consultant in

the financial proposal.

2.8.5The formulae for determining the Financial Score (Sf) shall, unless analternative formulae is indicated in the Appendix ITC, be as follows:-Sf = 100 X FM/Fwhere Sf is the financial score; Fm is the lowest priced financialproposal and F is the price of the proposal under consideration. Proposals willbe ranked according to their combined technical (St) and financial (Sf) scoresusing the weights (T=the weight given to the Technical Proposal: P= the weightgiven to the Financial Proposal; T + p = I) indicated in the Appendix. Thecombined technical and financial score, S, is calculated as follows:- S = Stx T %+ Sf x P %. The firm achieving the highest combined technical and financialscore will be invited for negotiations.

2.8.6

The tender evaluation committee shall evaluate the tender within 30 days offrom the date of opening the tender.

2.8.7 Contract price variations shall not be allowed for contracts not exceeding oneyear (12 months).


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2.8.8 Where contract price variation is allowed, the variation shall not exceed 10% ofthe original contract price

2.8.9 Price variation requests shall be processed by the procuring entity within 30days of receiving the request.

2.9 Negotiations

2.9.1

Negotiations will be held at the same address as address to send information tothe Client indicated in the Appendix ITC. The aim is to reach agreement onall points and sign a contract.

2.9.2 Negotiations will include a discussion of the Technical Proposal, the proposedmethodology (work plan), staffing and any suggestions made by the firm toimprove the Terms of Reference. The Client and firm will then work out final

Terms of Reference, staffing and bar charts indicating activities, staff periods inthe field and in the head office, staff-months, logistics and reporting. Theagreed work plan and final Terms of Reference will then be incorporated in theDescription of Services and form part of the Contract. Special attention will bepaid to getting the most the firm can offer within the available budget and to

clearly defining the inputs required from the Client to ensure satisfactoryimplementation of the assignment.

2.9.3

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

2.9.4

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 thebasis of the experts named in the proposal. Before contract negotiations, theClient will require assurances that the experts will be actually available. TheClient will not consider substitutions during contract negotiations unless both

parties agree that undue delay in the selection process makes such substitutionunavoidable or that such changes are critical to meet the objectives of theassignment. If this is not the case and if it is established that key staff wereoffered in the proposal without confirming their availability, the firm may bedisqualified.

2.9.5The 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 agreedContract. If negotiations fail, the Client will invite the firm whose proposalreceived the second highest score to negotiate a contract.

2.9.6The procuring entity shall appoint a team for the purpose of the negotiations.

2.10 Award of Contract

2.10.1The Contract will be awarded following negotiations. After negotiations arecompleted, the Client will promptly notify other consultants on the shortlist


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that they were unsuccessful and return the Financial Proposals of thoseconsultants who did not pass the technical evaluation.

2.10.2The selected firm is expected to commence the assignment on the date and atthe location specified in Appendix A.

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 The procuring entity may at any time terminate procurement proceedingsbefore contract award and shall not be liable to any person for the termination.

2.10.5 The procuring entity shall give prompt notice of the termination to thetenderers and on request give its reasons for termination within 14 days ofreceiving 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 to provide what is being procured.(b)Legal capacity to enter into a contract for procurement

(c)

Shall not be insolvent, in receivership, bankrupt or in the process of beingwound up and is not the subject of legal proceedings relating to theforegoing.

(d)

Shall not be debarred from participating in public procurement.

2.11 Confidentiality

2.11.1Information relating to evaluation of proposals and recommendationsconcerning awards shall not be disclosed to the consultants who submitted theproposals or to other persons not officially concerned with the process, untilthe winning firm has been notified that it has been awarded the Contract.

2.12 Corrupt or fraudulent practices

2.12.1The procuring entity requires that the consultants observe the higheststandards of ethics during the selection and award of the consultancy contractand also during the performance of the assignment. The tenderer shall sign adeclaration that he has not and will not be involved in corrupt or fraudulentpractices.

2.12.2 The procuring entity will reject a proposal for award if it determines that theconsultant recommended for award has engaged in corrupt or fraudulentpractices in competing for the contract in question.

2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulentpractices risks being debarred from participating in public procurement inKenya.


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APPENDIX TO INFORMATION TO CONSULTANTS

The following information for procurement of consultancy services and selection ofconsultants shall complement or amend the provisions of the information toconsultants, wherever there is a conflict between the provisions of the information

and to consultants and the provisions of the appendix, the provisions of theappendix herein shall prevail over those of the information to consultants.

Clause Reference

2.1 The name of the Client is: Capital Markets Authority

2.1.1 The method of selection is: Quality and Cost Based Selection (QCBS)2.1.2 Technical and Financial Proposals are requested: Yes

The name, objectives, and description of the assignment are: RECRUITMENT ANDSELECTION CONSULTANCY SERVICES

2.1.3 A pre-proposal conference will be held: NO

The name(s), address(es) and telephone numbers of the Clients official(s) areCapital Markets AuthorityEmbankment Plaza, 3rd floorP.O. Box 74800-00200Nairobi

Telephone: +254-20-2264400 Fax: +254-20-342825Email: [email protected]; Website:http://www.cma.or.ke

2.1.4 The Client will provide the following inputs: CMA will avail staff member(s) toprovide the needed support including logistical arrangements where suchsupport is requested.

2.1.5 (ii) The estimated number of professional staff monthsa) required for the assignment to fully develop and complete the

assignment and handover the product to the client.- will depend on magnitudeof the specific assignment.

(iv) The minimum required experience of proposed professional staff isdemonstrated relevance to this project including relevant similar

work experience as provided below under evaluation criteria in thisdocument

(v) Additional information in the Technical Proposal includes:_________N/A__________________________________________
http://www.cma/http://www.cma/http://www.cma/


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2.1.6 Taxes: all applicable taxes e.g.VAT is payable

2.5.2 Consultants must submit an original copy of the proposal.

2.5.3 The proposal submission address is: as above Information on the outer envelopeshould also include: RECRUITMENT AND SELECTION CONSULTANCY SERVICES

2.5.3

Proposals must be submitted no later than the following date and time:28thJanuary 2016at11:00 a.m.

2.6.1 The address to send information to the Client isAg. Chief ExecutiveCapital Markets AuthorityEmbankment Plaza, 3rd floorP.O. Box 74800-00200Nairobi

2.6.3 The minimum technical score required to pass is: 70%.

2.7.1Alternative formulae for determining the financial scores is the following: N/A

The weights given to the Technical and Financial Proposals are:T = 0.70P = 0.30

The Authority will employ a Quality and Cost Based Selection method. Therefore, onlybidders who attain the pass mark of 70% will be progressed to the financial analysis.

The bidder with the highest combined score among those technically responsive willbe awarded the contract.

2.9.2 The assignment is expected to commence on Soon after award.

2.9.3 Evaluation Criteria

Evaluation Criteria

Bidders will be evaluated based on the criteria highlighted below. Bidders arerequested to note that failure to provide all mandatory required documents will renderthe proposal unresponsive and thus incapable of proceeding to the Technical andFinancial Evaluation. The evaluation stages are;

PreliminaryMandatory

TechnicalScore out of 70FinancialScore out of 30

Total scoreout of 100

The pass mark of the technical stage is 70%.


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Only bidders who attain the pass mark will be progressed to the financial analysis.

The bidder with the highest combined score will be awarded the contract. Thefollowing evaluation criteria will apply:

a) Preliminary EvaluationBids will be taken through preliminary evaluation against the following criteria. Firmsthat do not meet the preliminary requirements will not qualify to be evaluated further

for technical criteria.

Mandatory Requirements:

i) Submit firms certificate of Registration/ Incorporationii) Submission of a valid tax compliance certificateiii)

Filling in of a confidential business questionnaire attachediv)Completeness of the bid document-submission of technical and financial

proposal

Technical Evaluation

Serial Item Marks

1 Firms Past Experience:list of three (3) organizationswhere recruitment and selection services have beenprovided within the last 5 years. provide copy ofLSO/LPO or contract as evidence to earn marks

20

2 Key Personnel qualifications to undertake theassignment;

Team leader - University degree with notless than 10 years experience in HumanResources Management either as aconsultant or related working experiencein Human Resources Management

Two other support consultants must havea University degree and not less than 5

years experience in general consultancy

30

3 Ability to administer relevant tests (psychometric &aptitude test as may apply). The client will require in-depth analysis for purposes of decision-making.Provide evidence that key personnel have recentexperience in administering aptitude and psychometric

tests and specify the positions for which these testswere administered.

20

4 Work plan, including timeframes 10


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5 Understanding of the terms of reference demonstratedby comments on the terms of reference and a briefanalysis of the assignment and especially the reportingframework

20

Total 100


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SECTION III: - TECHNICAL PROPOSAL

Notes on the preparation of the Technical Proposals

3.1 In preparing the technical proposals the consultant is expected to examine allterms and information included in the RFP. Failure to provide all requested

information shall be at the consultants own risk and may result in rejection ofthe consultantsproposal.

3.2 The technical proposal shall provide all required information and any necessaryadditional information and shall be prepared using the standard forms providedin this Section.

3.3 The Technical proposal shall not include any financial information unless it isallowed in the Appendix to information to the consultants or the SpecialConditions of contract.


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SECTION III - TECHNICAL PROPOSAL

Table of Contents

Page1.

Technical proposal submission form

2. Firms references

3. Comments and suggestions of consultants on theTerms of reference and on data, services andfacilities to be provided by the procuring entity

4. Description of the methodology and work planfor performing the assignment

5. Team composition and Task assignments

6.

Format of curriculum vitae (CV) for proposedProfessional staff

7.

Time schedule for professional personnel

8.

Activity (work schedule)


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1. TECHNICAL PROPOSAL SUBMISSION FORM

[_______________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 yourRequest for Proposal dated ______________________[Date] and our Proposal. We arehereby submitting our Proposal, which includes this Technical Proposal, [and aFinancial Proposal sealed under a separate envelope-where applicable].

We understand you are not bound to accept any Proposal that you receive.

We remain,

Yours sincerely,

_______________________________[Authorized Signature]:

________________________________[Name and Title of Signatory]:_________________________________[Name of Firm]:

_________________________________[Address:]


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2. FIRMS REFERENCES

Relevant Services Carried Out in the Last Five YearsThat Best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firmeither individually, as a corporate entity or in association, was legally contracted.

Assignment Name: Country

Location within Country: Professional Staff provided by Your

Firm/Entity(profiles):

Name of Client: Clients contact person for theassignment.

Address:No of Staff-Months; Duration ofAssignment:

Start Date (Month/Year): Completion Date Approx. Value of Services (Kshs)(Month/Year):

Name of Associated Consultants. If any:No of Months of ProfessionalStaff provided by Associated

Consultants:

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: ___________________________________

Name and title of signatory; ________________________


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(May be amended as necessary)

3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OFREFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BYTHE 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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14.DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FORPERFORMING THE ASSIGNMENT


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5. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task


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6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONALSTAFF

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 onassignment. Describe degree of responsibility held by staff member on relevantprevious assignments and give dates and locations].

Education:

[Summarize college/university and other specialized education of staff member, givingnames of schools, dates attended and degree[s] obtained.]

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 employingorganizations, titles of positions held, and locations of assignments.]


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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: _________________________________________


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7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name Position ReportsDue/Activities

1 2 3 4 5 6 7 8 9 10 11 12Number ofmonths

Reports Due: _________

Activities Duration: _________

Signature: ________________________(Authorized representative)

Full Name: ________________________

Title: ______________________________

Address: ___________________________


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8. ACTIVITY (WORK) SCHEDULE

(a). Field Investigation and Study Items

[1st,2nd,etc, are months from the start of assignment)

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Activity (Work)

(b). Completion and Submission of Reports

Reports Date

1. Inception Report

4. Interim ProgressReport(a)

First Status Report(b)Second Status

Report

3. Draft Report

4. Final Report


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SECTION IV: - FINANCIAL PROPOSAL

Notes on preparation of Financial Proposal

4.1

The Financial proposal prepared by the consultant should list the costs

associated with the assignment. These costs normally cover remuneration forstaff, subsistence, transportation, services and equipment, printing ofdocuments, surveys etc as may be applicable. The costs should be broken doneto be clearly understood by the procuring entity.

4.2 The financial proposal shall be in Kenya Shillings or any other currency allowedin the request for proposal and shall take into account the tax liability and costof insurances specified in the request for proposal.

4.3 The financial proposal should be prepared using the Standard forms provided inthis part


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SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS

Table of Contents

Page1. Financial proposal submission Form

2.

Summary of costs

3.

Breakdown of price/per activity

4. Breakdown of remuneration per activity

5.

Reimbursables per activity

6. Miscellaneous expenses


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1. FINANCIAL PROPOSAL SUBMISSION FORM

________________[ Date]

To: __________________________________________________________________________________________________________________

[Name and address of Client]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for (____________) [Title ofconsulting services]in accordance with your Request for Proposal dated(__________________) [Date]and our Proposal. Our attached Financial Proposal is forthe sum of (_________________________________________________________________)[Amount in words and figures] inclusive of the taxes.

We remain,

Yours sincerely,

_____________________________[Authorized Signature]:

_____________________ [Name and Title of Signatory]:

_______________________ [Name of Firm]

______________________ [Address]


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FINANCIAL OFFER

PRICE SCHEDULE

Financial proposals shall be submitted in the format below:

We have reviewed the scope above and the other requirements relating to thisassignment and do hereby make the following financial offer to undertake thisassignment: The rate per position for the services is as follows;

Position Name Fee RateIn Ksh

PsychometricTest Rate

AptitudesTest Rate

16 %VAT

TotalAmountinclusiveof ALtaxes

1.

Chief Executive

2.

Director

3.Manager

4.

AssistantManagers

5.Senior Officer

6.

Officer

7.Support Staff

8.

Other charges ifany

** Psychometric tests shall be administered on positions in the level ofAssistant Manager and above while aptitudes test on positions in the level of

Senior Officer and below.

Name of Person making the offer ______________________________________________

Position in the firm ___________________________________________________

Signature ___________________________________________________

Date ____________________________________________________

Company Seal /Stamp


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SECTION V: - TERMS OF REFERENCE

PROVISION OF RECRUITMENT AND SELECTION CONSULTANCY SERVICES

5.1. Background

The Capital Markets Authority (CMA) was set up in 1989 through an Act of Parliament

Cap. 485A Laws of Kenya. The CMA, which is a body corporate with perpetualsuccession and a common seal, was constituted and inaugurated in 1990. The CMA isa statutory agency charged with the prime responsibility of regulating thedevelopment of orderly, fair and efficient capital markets in Kenya. It licenses andsupervises market intermediaries, conducts on-site and off-site market surveillanceand enforces compliance, and promotes market integrity and investor confidence.We are seeking for services of a recruitment firm to undertake recruitment andselection services for various positions.

Scope of Work

The recruitment firm will undertake recruitment and selection services as detailed

below:

i) Capital Markets Authority will prepare the Job profile for the positions andadvertise in the print media and thereafter submit the applications to theconsultant.ii)

All applications will be received as stated in the advertisement and they will allbe forwarded to the consultant.iii) The consultant shall screen all the applications to confirm if they match the jobrequirements. A report on all applicants showing those who match the jobrequirements and the ones who dontand why so shall be requirediv) Those who meet the minimum job requirements will be invited for initial

interview by the consultant. The consultant shall subject the candidates to adetailed interview to narrow down on the final shortlist. The number of candidateson the final short list shall be agreed upon by the client (CMA) and the consultant.v) Psychometric and Aptitude tests will be administered by the consultant todetermine further suitability of the final shortlisted candidates on need basis asadvised by the Authority Representative. The Authoritys representative will guidethe consultant on the positions to undertake the suitability tests.vi)

The consultant will finally submit the final shortlist report of the best evaluatedcandidates to be interviewed by the Board or management depending on the

position. The management will give an indication of how many candidates shouldbe submitted in the final shortlist for each position.vii) The number to be included in the final shortlist report should be informed by

the number of vacancies. It is advisable that the Board/Management is providedwith a wide pool of candidates with gender and regional balance.viii)The final report shall have a summary profile of each candidate showing his /her suitability to the position, curriculum vitae, the initial application letter, andcopies of academic & professional qualifications, national identity card and anyother relevant information.


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ix) The consultant may be expected to be present during the interview for theshortlisted candidates. The consultant will coordinate the handling ofinvitations actions of candidates for interview on the date agreed on withmanagement and also prepare copies of interview documents for each panelmember as required.

5.2. Expected output

A final shortlist report of the proposed potential candidates and their suitability forthe position and a report on all others applicants briefly giving reasons for their non-qualification.

5.3. Time Line

The selection process shall not take more than two weeks from the date of submissionof the applications unless otherwise agreed with the CMA in exceptionalcircumstances.

5.4. Qualifications of the Bidding Firms

A firm with demonstrated practical experience in handling recruitment and selectionexercises.

Your proposal should indicate:-

1.

A detailed work plan, including timeframes.2. Submit the names and CVs of professional resource persons proposed to carry

out the exercise. Proposed staff must have the following as a minimum:

University degree with not less than 10 years experience in HumanResources Management either as a consultant or related working

experience in Human Resources Management Two other support consultants must have a University degree and not

less than 5 years experience in general consultancy3. Experience in undertaking recruitment and selection exercise in public or

private organizations by providing a list of three (3) organizations whererecruitment and selection services have been provided within the last Five (5)

years including contact address (postal and telephone).4.

Ability to administer psychometric test results and analyse results for purposeof client decision-making

5.

Ability to set if required, administer and analyse aptitude tests and offerrecommendations thereof.

6. Fill in the enclosed Confidential Business Questionnaire form7.

Attach Tax Compliance Certificate

5.5. Evaluation Criteria


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The Authority will evaluate proposals based on compliance with the requirementsoutlined in this document

Bids will be taken through preliminary evaluation against the following criteria. Firmsthat dont meet the preliminary requirements will not qualify to be evaluated furtherfor technical criteria.

5.6.

Other Conditions

Payment will be made within 30 days after submission of final report. Prices quotedmust remain valid for the whole contract period and no price variation will madeduring the contract period.

SECTION VI:

STANDARD FORMS OF CONTRACT

SAMPLE CONTRACT FOR CONSULTING SERVICES

CONTRACT

This Agreement, [hereinafter called the Contract) is entered into this_____________[Insert starting date of assignment], by and between________________________________________[Insert Clients name] of [or whoseregisteredoffice is situated at]____________________________________________[insert Clientsaddress](hereinafter called the Client) of the one part AND

____________________________________________ [Insert Consultants name] of [or whoseregisteredoffice is situated at]_____________________________________[insertConsultants 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 inAppendix A, Terms of Reference and Scope of Services,which is made an integral part of this Contract.

(ii) The Consultant shall provide the personnel listed in AppendixB, Consultants Personnel, to perform the Services.


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(iii) The Consultant shall submit to the Client the reports in theform and within the time periods specified in Appendix C,Consultants Reporting Obligations.

2. Term The Consultant shall perform the Services during the periodcommencing on_____________ [Insert starting date]and continuingthrough to_____________ [Insert completion date], or any other

period(s) as may be subsequently agreed by the parties in writing.(i)

3. Payment A. CeilingFor Services rendered pursuant to Appendix A, the Clientshall pay the Consultant an amount not to exceed___

_____________ [Insert amount]. This amount has beenestablished based on the understanding that it includes all ofthe Consultants costs and profits as well as any taxobligation that may be imposed on the Consultant.

B.

Schedule of Payments

The schedule of payments is specified below (Modify in orderto reflect the output required as described in Appendix C.)

Kshs______________________ upon the Clients receipt of acopy of this Contract signed by the Consultant;

Kshs______________________ upon the Clients receipt of thedraft report, acceptable to the Client; and

Kshs______________________ upon the Clients receipt of thefinal report, acceptable to the Client.

Kshs______________________ Total

C. Payment Conditions

Payment shall be made in Kenya Shillings unless otherwisespecified not later than thirty [30] days following submissionby the Consultant of invoices in duplicate to the Coordinatordesignated in Clause 4 here below. If the Client has delayedpayments beyond thirty (30) days after the due date hereof,

simple interest shall be paid to the Consultant for each day ofdelay at a rate three percentage points above the prevailingCentral Bank of Kenyas average rate for base lending.

4. Project A. Coordinator.

Administration


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The Client designates __________________[insert name] asClients Coordinator; the Coordinator will be responsible forthe coordination of activities under this Contract, foracceptance and approval of the reports and of otherdeliverables by the Client and for receiving and approvinginvoices for payment.

B.

Reports.

The reports listed in Appendix C, Consultants ReportingObligations, shall be submitted in the course of the

assignment and will constitute the basis for the payments tobe made under paragraph 3.

5. Performance The Consultant undertakes to perform the Services withStandards the highest standards of professional and ethical competence

and integrity. The Consultant shall promptly replace anyemployees assigned under this Contract that the Client

considers unsatisfactory.

6. Confidentiality The Consultant shall not, during the term of this Contractand within two years after its expiration, disclose anyproprietary or confidential information relating to theServices, this Contract or the Clients business or operationswithout the prior written consent of the Client.

7. Ownership of Any studies, reports or other material, graphic, softwareMaterial or otherwise prepared by the Consultant for the Client under

the Contract shall belong to and remain the property of the

Client. The Consultant may retain a copy of such documentsand software.

8. Consultant Not The Consultant agrees that during the term of thisto be Engaged Contract and after its termination the Consultant and

in certain any entity affiliated with the Consultant shall beActivities disqualified from providing goods, works or services (other

than the Services and any continuation thereof) for anyproject resulting from or closely related to the Services.

9. Insurance The Consultant will be responsible for taking out anyappropriate insurance coverage.

10. Assignment The Consultant shall not assign this Contract or sub-contractany portion of it without the Clients prior written consent.

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


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Language

12. Dispute Any dispute arising out of the Contract which cannot beResolution amicably settled between the parties shall be referred by

either party to the arbitration and final decision of a personto be agreed between the parties. Failing agreement toconcur in the appointment of an Arbitrator, the Arbitratorshall be appointed by the chairman of the Chartered Institute

of Arbitrators, Kenya branch, on the request of the applyingparty.

FOR THE CLIENT FOR THE CONSULTANT

Full name; ______________________________ Full name;______________________

Title: ____________________________________Title: ____________________________

Signature;_______________________________Signature;____________________

Date;____________________________________Date;_________________________

LIST OF APPENDICES

Appendix A: Terms of Reference and Scope of Services

Appendix B:Consultants Personnel

Appendix C:Consultants Reporting Obligations


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LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

__________________________________________To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender

have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying youracceptance.

2.The contract/contracts shall be signed by the parties within 30 days of the dateof this letter but not earlier than 14 days from the date of the letter.

3.

You may contact the officer(s) whose particulars appear below on the subjectmatter of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER


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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 REVIEWI/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 an order/orders that: -

1.

2.

etc

SIGNED .(Applicant)

Dated on.day of /20

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on day of ....20.

SIGNEDBoard Secretary