tender for advertising agency · 2019-01-29 · 1 the head of procurement communications authority...

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The Head of Procurement Communications Authority of Kenya CA Centre, Waiyaki Way Nairobi P. O. Box 14448 Nairobi 00800, Kenya Website: www.ca.go.ke E-mail: [email protected]

REQUEST FOR PROPOSALS FOR SELECTION OF AGENCY TO UNDERTAKE ADVERTISING SERVICES

TENDER NO: CA/PROC/RFP/18/2018-2019

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SECTION A: REQUEST FOR PROPOSALS FOR SELECTION OF AGENCY TO UNDERTAKE ADVERTISING SERVICES - CA/PROC/RFP/18/2018-2019 The Communications Authority of Kenya (CA) is the ICT industry regulator with responsibilities in telecommunications e-commerce, broadcasting, and postal/courier services. CA is also responsible for protecting the rights of ICT consumers and for managing the country’s numbering and spectrum resources. The Communications Authority of Kenya (CA) invites proposals for Provision of Advertising Services. The proposed contract period would be for three (3) years from the commencement date of the contract. The Tender documents can also be accessed and downloaded from the IFMIS Supplier Portal: http://supplier.treasury.go.ke and the Authority’s website: www.ca.go.ke. The firms that download the document must arrange to forward their particulars/contacts to the Head of Procurement, Communications Authority of Kenya, through email address [email protected] before the closing date for records and for the purposes of receiving clarifications and/or addendums, if any. A hard copy of the tender document can be collected from Procurement Division, Communications Authority of Kenya – CA Centre 3rd floor Wing A, along Waiyaki Way, Nairobi, during normal working hours upon payment of a non-refundable fee of Kshs.1,000.00. Bidders are required to undertake serialization of all bid documents as per requirements of the Public Procurement and Asset Disposal Act (PPADA), 2015 clause 74(1)(i) to enable safeguard loss of documentation during and after evaluation. Duly completed tender documents, in a plain sealed envelope marked: ‘REQUEST FOR PROPOSAL FOR CONSULTANCY SERVICES FOR ADVERTISING SERVICES- CA/PROC/RFP/18/2018-2019. Should be mailed to the address below or deposited in our tender box on the ground floor within our headquarter building, along Waiyaki Way on or before 20th February, 2019 at 10.30 a.m. East Africa time. The Head of Procurement Communications Authority of Kenya P.O Box 14448 Nairobi 00800 Tel: +254 (020) 4242000 Mobile: +254 703-042000 Website: www.ca.go.ke

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Tenders should be submitted in one envelope containing technical and financial proposals, sealed separately and clearly marked:

• Technical proposal to undertake Advertising Services

• Financial proposal to undertake Advertising Services

Bids shall be opened soon thereafter in the presence of the bidder’s representative(s) who choose to attend at the CA Centre, Ground Floor meeting room 2.

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SECTION B: - INFORMATION TO BIDDERS 1.0 Introduction

The language for this tender is English and any attached document by a Bidder which is not in English, must be accompanied by its English translation. NO. Heading Notes 1.1 Introduction The proposal must remain valid for 150 days after the submission

date. The Authority may require this period to be extended where necessary. The bid proposal shall be written in English in indelible ink. The proposals shall contain no interlineations or overwriting except as necessary to correct errors made by the Bidder itself. Any such corrections must be initialed by the persons or person authorized to sign the proposals. Bidders are required to provide a company profile and organization structure, company history, physical and postal address, telephone, email and other contacts. Services offered by the firm and affiliations with other firms. Bidders shall submit separate Technical Proposal and Financial Proposal in paper copy. These submissions should be accompanied by respective cover letters Bidders shall prepare two (2) hard paper copies of each proposal. Each copy of the Technical Proposal or Financial Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. If there are any discrepancies between the original proposal and its copy, the original shall govern. The original and copy of the Technical Proposal shall be placed in a sealed envelope clearly marked “TECHNICAL PROPOSAL,” while the original and copy of the Financial Proposal shall be placed in a another envelope and sealed and clearly marked “FINANCIAL PROPOSAL” with a warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL”. Both the Technical Proposal and Financial Proposal envelopes shall then be placed into an outer envelope and sealed. This outer envelope shall bear the Authority’s submission address, namely:

The Head of Procurement Communications Authority of Kenya P. O. Box 14448 Nairobi 00800

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NO. Heading Notes and clearly marked, “DO NOT OPEN, EXCEPT IN THE PRESENCE OF AUTHORIZED OFFICERS OF THE AUTHORITY.” The completed Technical and Financial Proposals must be delivered at the Authority’s submission address on or before the closing date, which is on 20th February, 2019 at 10.30 a. m, East African Time. Any proposal received after the closing date shall be returned unopened to the firm, which submitted it.

1.2 Clarification and Amendments of RFP Tender Document

Bidders may request clarifications on the tender document any time when the tender is floated but not in less than seven [7] days before the closing date. Requests for clarification must be sent in writing by letter or electronic mail to the Authority’s submission address above. The Authority will respond to such requests by written letter or electronic mail to not only the requesting Bidder but to all other Bidders. The response will include a recast of the query without identifying the source of inquiry. At any time before the submission of proposals, the Authority may, whether at its own initiative or in response to a clarification requested by a Bidder, amend the RFP. Any amendment shall be issued in writing through addendum and circulated to all Bidders. Addendum shall be by written letter or electronic mail to all Bidders and will be binding on them. The Authority may at its discretion extend the deadline for the submission of proposals.

2.0 Preparation of Technical Proposal Bidders are required to prepare the Technical Proposal to include the items listed on the table below. The Technical Proposal shall not include any financial information.

NO. Heading Notes 2.1 Company Details Company profile and organization structure, company history,

physical and postal address, telephone, email and other contacts. Services offered by the firm and affiliations with other firms.

2.2 Company Experience

A good understanding of CA business and the environment it operates in. Value-add that the agency will provide in furtherance of achieving the Authority’s mandate (Advertising agencies are expected to present their proposals on advertising services including media campaigns; brand campaigns; market research; and creative services for different campaigns including marketing material like brochures and other corporate publications The firms must demonstrate that they have done similar services for other reputable organizations by presenting their

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NO. Heading Notes client portfolios. The bidding firms must demonstrate creative excellence in advertising/integrated marketing communications and in developing and carrying out comprehensive media campaigns

2.3 Company Proposal A proposed methodology by the Bidder on how it intends to undertake this project including the evaluation and as detailed in the Terms of reference.

2.4 Staff Qualifications Bidders shall provide CVs and testimonials of key staff who shall be directly involved in the project. Use the format in appendix D to structure this part.

3.0 Preparation of Financial Proposal Bidders are required to prepare the Financial Proposal including the cost of achieving the milestones in their Technical Proposals. Bidders are also expected to indicate their proposed payment schedule in line with their proposed work schedule. The table below summarizes the requirements of the Financials Proposal. NO. Heading Notes 3.1 Financial Proposal Bidders shall express the price of their services to the Authority

for this project in Kenya Shillings (KES). The exchange rate on the closing date shall be used for the conversion to Kenya shillings. The exchange rate will be as per the Central Bank of Kenya rates during the closing date of the proposal. Agencies are expected to submit a rate card or financial quotation pertaining to agency costs and specifically relating to provision of the services highlighted in the scope of work. These are costs payable to the agency for creative and managerial resources required to undertake the aforementioned services. In addition, the rate card should also indicate third party costs associated with the delivery of services (e.g. media buy/placement of adverts, etc). The quoted amounts must be in Kenya Shillings and should be inclusive of all costs, discounts, withholding tax and VAT. The guidelines for the rate card are shown in this document. Cost competitiveness in the creative input of the whole range of services offered by the agency, including ability to deliver competitive prices for the third party costs will be an added advantage in this stage.

4.0 Evaluation of Technical Proposals

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NO. Heading Notes 4.1 Evaluation of

Technical Proposals

After the proposals have been submitted by the closing date, the Tender Opening Committee shall open the Technical Proposal. The Financial Proposal shall remain sealed and only Financial Proposal(s) of qualified Technical Proposal(s) shall be opened in accordance with the timelines of this tender. From the closing date to the time the contract is awarded, if any Bidder wishes to contact the Authority on any matter related to this tender, they should do so in writing at the official address provided. Any effort by the firm to influence the Authority on the outcome of the evaluation may result in the rejection of the Bidder’s proposal. Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. The minimum technical score required to qualify to proceed to the pitch presentation stage is 60/80.

5.0 Evaluation at the Pitch Presentation

NO. Heading Notes 5. 1 Evaluation at the

pitch presentation The Authority shall then undertake the evaluation of the pitch presentation stage in accordance with the Evaluation Criteria. The pitch presentation stage score required to qualify to proceed to the financial evaluation stage is 60/80 After the evaluation of the pitch presentation stage, the Authority shall notify the Bidders whose proposals did not meet the minimum qualification indicating that their Financial Proposals shall be returned unopened at the end of the tendering process. The firms that will score 80 and above out of 100 will be invited to witness the opening of the financial proposals.

6.0 Evaluation of Financial Proposals NO. Heading Notes 6.1 Evaluation of

Financial Proposals Only Financial Proposals of qualified bids shall be opened. The Authority shall then undertake the evaluation of the Financial Proposals and determine the winner of the tender in accordance with the Evaluation Criteria.

6.2 Local Preference The tender is exclusively reserved to firms that are 100% owned by Kenyans (100% shareholding). The bidder shall attach details of such proof. Attached certified CR12.

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7.0 Other activities Related to the Tender NO. Heading Notes 7.1 Award of Contract The Contract will be awarded to the winner of the tender

following negotiations based on the general conditions of the contract. The Authority shall also return unopened the Financial Proposals of those Bidders who did not pass the technical evaluation stages.

7.2 Performance Bond

The Contractor awarded shall prior to execution of the contract Agreement furnish the Authority with a Performance Bond in form of bank guarantee that will remain valid for Thirty (30) days beyond the validity of the contract and the value of the Performance Bond shall be Kshs 1,000,0000. The proceeds of the performance Bond shall be payable to the Communications Authority of Kenya as compensation for any loss or damage resulting from failure by the contractor awarded to fulfill its obligations under this tender. A reputable Bank carrying on business within Kenya and acceptable to the Authority shall in the form of an On-Demand-Bank-Guarantee issue the Performance Bond. The Performance Bond will be discharged by the Communications Authority of Kenya and returned to the firm not later than Ninety (90) days following the expiry of this Agreement or earlier termination. Use the format of Appendix II to structure the Performance Bond.

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SECTION C: TERMS OF REFERENCE FOR SELECTION OF ADVERTISING AGENCY SERVICES 1.0 BACKGROUND The Communications Authority of Kenya (CA) is the regulatory authority for the ICT industry in Kenya. Established in 1999 by the Kenya Information and Communications Act (KICA), 1998, the CA has responsibilities in telecommunications, e-commerce, cyber security, broadcasting and postal/courier services. CA is also responsible for managing the country’s numbering and frequency spectrum resources as well protecting and safeguarding the interests of consumers of ICT services The Authority is financially and administratively independent, transparent in its processes and protects the rights of operators and consumers alike. This is meant to ensure operators make a reasonable return on their investment while giving consumers value for money. A Director-General heads it while a Board of Directors plays a policy and oversight role. CA officially commenced operations on 1st July 1999. Vision: A Digitally Transformed Nation Mission: Building a connected society through enabling regulation, partnership and innovation Core Values:

• Integrity • Innovation • Excellence

Brand Promise: Opening Your World 2.0 ORGANIZATIONAL STRUCTURE The CA Board of Directors, appointed by the Cabinet Secretary for Information, Communications and Technology, provide a policy and oversight role for the Authority. The Director General is the Chief Executive Officer and is answerable to the Board on the day-to-day management of the Authority. The Universal Service Advisory Council (USAC) is also appointed by the Cabinet Secretary to advice the Authority on the oversight and administration of the Universal Service Fund.

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The key departments charged with the responsibility of implementing policy and conducting regulatory business are:

i. Licensing, Compliance & Standards ii. Frequency Spectrum Management

iii. Competition, Tariffs & Market Analysis iv. Multimedia Services v. Consumer and Public Affairs

vi. Cyber Security and Electronic Commerce The following departments provide support to the core teams;

a. Legal Services b. Information Technology and Enterprise Resource Management c. Risk Management and Internal Audit d. Procurement e. Finance and Accounts f. Human Capital and Administration

The CA has offices in Nairobi (headquarters), a Western Regional Office in Eldoret and Coast Regional Office in Mombasa, Nyanza Regional office in Kisumu and Central Regional Office in Nyeri. The Authority operates in a vibrant sector that involves several players locally, regionally and internationally. CA in carrying out its mandate interacts with various stakeholders including:

i. CA Board of Directors, including the Universal Service Advisory Council (USAC) ii. CA Employees

iii. Licensees including broadcasters, mobile operators, users of frequencies (including aeronautical and maritime services, private radio networks, security etc), Internet Service Providers, Data Companies, postal/courier operators, vendors of ICT equipment, players in the e-commerce market

iv. ICT consumers, whom CA is mandated to educate and protect v. Government ministries i.e. Ministries in charge of Information, Communications and

Technology, National Treasury, Interior and National Coordination, etc. and other Government departments

vi. Non-Governmental Organizations in the ICT sector including civil society bodies vii. ICT consumer organizations

viii. Parliament i.e. Departmental committees dealing with ICT in the Senate and the National Assembly

ix. Media x. Regulatory bodies with shared mandate including Central Bank of Kenya, Competition

Authority of Kenya, Kenya Film and Classification Board, Media Council of Kenya, etc xi. Learning institutions

xii. Suppliers and Partners

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xiii. The General Public xiv. Regional and international organizations dealing with ICT matters 3.0 COMMUNICATION AND CONSUMER AWARENESS OBJECTIVES Bearing in mind the multi-stakeholder environment the Authority operates in, its communication objectives include:

• Enhanced communication and interaction with the varied audiences • High corporate brand equity and awareness • Effective consumer education and awareness • Positive corporate image and reputation • Reputation risk management • Ensure that CA is visible, well understood and well regarded • Value addition from relationships with stakeholders

4.0 EXPECTATIONS The Authority would like to engage a dynamic agency that to enable the Authority meet its advertising and marketing communication needs, . 5.0 OVERVIEW OF CA COMMUNICATION INITIATIVES The Authority has over the years carried out various public awareness campaigns through various communications platforms including electronic and print media, digital communication, below the line advertising, roadshows and events. In July 2009, the Authority rolled out a media campaign to mark its 10th anniversary. The key message of the campaign was to remind Kenyans of the changes in the communications sector since its inception in July1999. The slogan used in the campaign was ‘Tumetoka mbali’ to signify the decade-long journey. The campaign also launched the tagline ‘Opening your world’ which is still in use. To address the rising criminal activities perpetuated through the mobile phone, the Authority carried out a three-month long public awareness campaign to urge Kenyans to register their SIM Cards. The key message in the campaign was ‘Stop crime, register your SIM card’. The campaign was awarded the best public awareness campaign by the Public Relations Society of Kenya (PRSK) during the Annual Award Ceremony in 2010. The campaign was highly successful given that over 80% of the SIM cards in the market were registered in spite there being no law requiring mobile operators or subscribers to register their SIM cards. The Authority together with the Ministry of ICT facilitated the creation of a law that requires all SIM cards to be registered before use. Mobile phones in Kenya are no longer a luxury but a necessity. The number of mobile phones and mobile subscribers are on the increase across the country. This increase brought with it an influx of counterfeit mobile phones in the market. These counterfeit devices have harmful effects

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to both the subscribers and to mobile service networks. The Authority in 2012, carried out an awareness campaign to educate the public on the dangers of using a counterfeit phone, while highlighting the benefits of using a genuine phone. The Authority further gave a deadline for all counterfeit mobile phones to get off the networks. This campaign went viral on social media with the hashtag #lazimaitazimwa. Over 2 million counterfeit phones were switched off from the networks. However, some have managed to unlock these counterfeit phones and they are back on the networks and this poses a challenge to the networks and to consumers. The campaign was backed by the implementation of a national phone registry system and infrastructure that was implemented in collaboration with communication service providers and mobile phone manufacturers and ensures that genuine phones can access communication services. Mobile Number Portability is a service that enables a mobile subscriber to move from one network to another and still retain their mobile number. The Authority launched this public awareness campaign in May 2011 to educate mobile subscribers on the availability of this service and the fact that they can move to a service provider who gives good quality services that offer value for money.. The Authority embarked on educating the public on the migration from Analogue to Digital broadcasting leading to successful migration of Kenya in 2015. The key messages of the campaign were a) the shift in broadcast transmission technology; b) what viewers need to do to be on the digital platform and; c) the benefits of moving to the digital platform. The migration has been faced with numerous challenges including court cases, slow roll out of the digital broadcast signal in some of the locations and the perceived cost of digital broadcast service and set to boxes. This is an on-going concern for the Authority. The Authority intends to undertake education campaign once court cases and multi-stakeholder consultations are concluded. The Authority in 2014 re-branded and changed from being a Commission to an Authority in line with the requirements of the Amended Kenya Information and Communications Act,1998. The campaign carried out sought to create awareness of the change of name and communicate its enhanced mandate to the general public and at the same time highlight the changes that have taken place in the ICT sector in the last 15 years. The Authority is mandated to empower and protect consumers of ICT services, with regard to the quality and prices of the services. To this end, the Authority carried out consumer education and outreach programmes aimed at equipping consumers with information and knowledge to enable them make informed choices in the market. Further, the Authority has in place a complaints handling mechanism that facilitates resolution of service complaints by consumers. The Authority has a sub-brand ‘Chukua Hatua’ that provides consumers with consumer complaints platform and information materials on various issues including rights and responsibilities of ICT consumers, children and the use of mobile phones, mobile phone etiquette, internet services, a glossary of terms encountered when making use of ICT services among other relevant issues. This information is provided in the form of brochures also available on the Authority’s website.The Authority publicized the Chukua Hatua brand with the tag line “Pata huduma ya mawasiliano unayostahili” through a multi-media consumer education campaign targeting mobile phone and internet service consumers.

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Many consumers are not well informed about their rights and responsibilities on postal and courier matters. It is with this in mind that the Authority carried out a three-month public awareness campaign on the Do’s and Don’ts with regards to postal and courier services. The campaign dubbed ‘Kaa Macho’ involved above the line and below the line communications as well as roadshows in major towns across the country. With a view to increase interaction between the Authority, consumers and communication service providers, the Authority launched County ICT Consumer Forums dabbed “Kikao Kikuu: Toa Maoni Yako Kuhusu mawasiliano”. The public forums target ICT consumers with a view to addressing some of the pressing issues with regard to services they receive. To date, the Authority has so far held forums in 16 Counties. Roll out to remaining Counties is expected to continue over the years. The Authority has also initiated a consumer campaigns dubbed ‘Be the COP’, as the identity for advocating for child online protection in Kenya. This follows the increasing incidents of cyber insecurity and vulnerabilities amongst the young people. The campaign aims to educate the young people, care giver, guardians, parents and all who are generally custodians of children and have a role to play in educating and shaping the opinion of children on their internet activities. TERMS OF REFERENCE FOR THE ADVERTISING AGENCY

a. Development and execution media advertising campaigns: This includes provision of creative services , media planning and buying, as well as the execution of the creative ideas

b. Market Research and surveys to gather and analyse information that can be used for

designing effective campaigns, and informing CA’s communication activities . This may be both primary or secondary, or dip stick.

c. Development/design of creative concepts, providing art direction, layouts, copy writing , as well as scripting for different communication platforms. This may include: commercials on television, radio, print , publications, documentaries, digital media , among others . Publications in the case of the Authority include, Annual report, Strategic plan, brochures, public notices, etc.

d. Production and application of creative concepts on platforms as selected by the

Authority in consultation with the agency. This may include provision of models, translations where necessary

e. Undertake photography and videography for creative development purposes

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f. Co-ordinate Media Planning and buying, advising the Authority on placement strategy

with due consideration of costs and the targeted audiences . Such media buy incorporates all print, electronic and online platforms.

g. Creative concept development, Art Direction, copy writing and scripting for different communication platforms

h. Production of the creative advertising concepts for application in diverse platforms as per client brief

i. Periodic review of the brand standards manual for the corporate brand or other defined sub-brands to guide the use and application of the brand (including brand colours, application at different settings, tones, typographical elements, production guidelines for printers)

j. Design and placement of all outdoor communication including billboards/wall branding, etc

k. Concept development, design and production of various corporate publications on paper and electronic format. These include: newsletters/annual reports/ e-shots/ brochures, corporate stationery design and other Authority publications;

l. Conduct research on brand perception, dip stick surveys and effectiveness of consumer education and public awareness campaigns

m. Photography and videography

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SECTION D: EVALUATION CRITERIA The bids submitted shall be subjected to a four (4)-stage evaluation process as shown below:

a) Mandatory Evaluation b) Technical Capacity Evaluation c) Pitch Presentation d) Financial Evaluation

a. Mandatory Evaluation

The proposal shall be subjected to the mandatory evaluation, where firms must submit paper copies the following:

A. Mandatory Requirement No Mandatory Requirement

Yes/No

1 The firm must be Registered in Kenya with a certificate of registration/incorporation as an advertising agency. Attach the certificate of Incorporation. Company profile (Company history, contacts i.e email, telephone, postal address, physical address, and services).

2 Must be Kenya Revenue Authority Compliant and up to date with Tax Compliance Certificate. Attach the valid KRA Tax compliance certificate

3 Attach a copy of PIN certificate 4 The tender is exclusively reserved to firms that Kenyans own one

hundred percent (100%) shares. The bidder shall attach details to provide proof of ownership. Attach certified CR12 from Registrar of Companies

5 Provide Proof of current corporate membership in APA and/or MSK 6 Signed bidder’s declaration and integrity pack 7 Demonstration of financial capability in carrying out the required

consultancy services by attaching certified copies of the firm’s audited accounts for the last three year (2015, 2016 and 2017)

The Authority shall conduct due diligence which will include obtaining confidential references from firms with whom the tenderer has had prior engagement as per PPADA section 83 (2) Failure to submit any one of the above requirements in paper copy (hard copy) will lead to disqualification or fail. Only those firms who pass in the mandatory stage will proceed to the technical capacity evaluation stage.

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b. Technical Capacity Evaluation

Technical evaluation for firms that qualify at the preliminary/mandatory evaluation stage shall be carried out of 80 marks with a pass mark of 60. The firms shall be evaluated on a scoring matrix as shown below:

NO CRITERIA Sub-totals Max scores

1. Experience of firm (bidder) as a corporate entity engaged in marketing communication services

a

a) Demonstration of the organization’s experience in

undertaking marketing communication. Bidder MUST provide a detailed description of at four (4) similar assignments carried out in the last three (3) years (strictly between 2016- December 2018). The Authority may contact the listed firms/companies to verify information provided. For each event in the various categories the Bidder MUST in the very least detail the following:

• Name of client • Dates of event • Contact person(s) • Number of participants • Description of the event • Letters of recommendation on clients

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b) Scope of projects undertaken in the past. (Bidders must express value terms against each client detailed in section 1 a above). • Average value out of 4 contracts - Kshs 200

million and -Score 15 Marks • Average of Kshs 150 Million and above 10

marks • Average value of Kshs 100 million and above–

Score 5 Marks • Below Kshs 100 million no score

General experience and understanding of the assignment by the agency/firm. Provide details of four (4) case

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studies of similar scope of advertising campaign assignments done in the past three years (strictly between January 2016 – December 2018). This should include samples of creative work and designs. The samples should also demonstrate the capability for generation of compelling creative concepts, art direction, copy writing and scripts for different media platforms, Print, television, radio and digital advertising.

B Experience and performance based on four (4) clients of similar size and complexity as the Authority. Experience in the ICT industry will be an added advantage. Provide recommendation letters from the four (4) clients provided in (a) above including proof of experience and performance for each of the jobs done. This should be within the last three years (between January 2016 - December 2018). The submission should have further proof of network with other regional/international agencies including the works executed with the mentioned agency (s) at regional or international level. Proof of work done in counties and other areas other than Nairobi will be an added advantage

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C Provide documentary evidence of good track record in creative concepts, brand campaigns and other marketing/advertising projects, specifically showing any awards won in the last two years from recognized institutions locally, and provide a description of the actual job/activity that won the award.

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2 Methodology and Approach A Appropriateness of the proposed work plan as presented

in the proposed framework and methodology to be used once awarded the tender. The bidder should demonstrate the ability to develop, strategize, plan and execute elaborate advertising activities. The framework should include proposed strategies for the Authority’s advertising agenda.

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B Declaration of commission from media houses (in %) and the indication how much discount from the commission (in %) the tendered is willing to extend to

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CA C The maximum time (in days) for delivery of a concept,

satisfactory to the client, after receipt of a brief from the CA

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3. Human Resource Capacity a Team Director: This will be the team leader who

should be a competent and qualified individual possessing knowledge and at least 10 years’ experience in general management in the advertising industry including creative work. He/she should possess a minimum academic/technical qualification of university degree in a relevant creative arts discipline, including marketing communications, literature, or any other relevant qualifications. The team leader must be a member of Marketing Society of Kenya (MSK). Proof of current membership must be provided. The team leader should have personally overseen at least three similar assignments of equal or larger magnitude prior to this submission. Submission should include (Name of the client, location and description of assignment and value of the contract and contact). CVs, testimonials, certificates and other relevant documentation should be submitted. CA shall be at liberty to confirm the veracity of the submitted evidence.

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b Other Staff Professional Qualifications: Attach CVs detailing their qualifications and functions they perform

i. Creative Director: Must possess at least five (5) years professional experience in advertising and/or marketing communications and must provide details of the assignments they have personally been involved in. Submissions should indicate Name of the client, location and description of assignment and value of the contract (Max Score:)

ii. Digital and social media manager- must possess at least three years professional experience in digital and social media

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management. iii. Copy writer, must possess three years

professional experience in copy writing in an advertising environment. A basic minimum qualification of a university degree in a relevant discipline is mandatory.

iv. Media planner/buyer – must possess at least three years experience in media buying/planning in a reputable advertising agency. A basic minimum qualification of a university degree in a relevant discipline is mandatory.

v. Brand management specialist – must possess

at least three years experience in brand management in an advertising firm setting. A basic minimum qualification of a university degree in a relevant discipline is mandatory.

vi.

The staff should have proof of membership in the MSK. CVs, testimonials, certificates and other relevant documentation should be submitted.

c Overall composition and structure of the team, task allocation and its adequacy and relevance in meeting the TORs. Members of the team must be direct employees of the agency firm(s). The company should provide its profile and organogram.

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4. Technical Equipment and Work Tools Capacity a.

Proof and description of tools/ resources that will be used to advance the Authority’s communications agenda through the proposed framework (The firm should indicate if the tools/resources are owned by the agency or will be outsourced). These include latest computer technologies for creative work, information banks. The list and pictures should be provided.

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4. Financial Capability a. Credit facilities with Media Houses- The agency

MUST show proof of good record in payment and credit levels and facilities with all the major media houses locally. Relevant documents should include current

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contracts with media houses and current reference letters from the respective media houses.

b. The agency must have an average annual turnover of Shs.100 million in the last 3 financial years 2015, 2016 and 2017. (Please attach certified audited accounts for the last 3 financial years. Relevant evidence should be reflected in audited Accounts submitted for the said period.)

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GRAND TOTAL 80 Bidders that score 60 points and above out of 80 in the technical capacity evaluation shall be invited for the third stage of evaluation, which will be a pitch presentation. c. Advertising Service Pitch presentation The following criteria shall be used to evaluate the pitch presentation. Bidding firms are advised to align their presentations with the pitch communication brief provided in this document. It should be noted that the Authority does not compensate bidders for pitch presentations. All costs for the pitch shall be borne by the respective bidders. Bidders are also advised that pitch presentation will be undertaken within fourteen(14) days from date of opening.

i. Brief for pitch presentation: Positioning CA through a Corporate Brand Campaign at the celebration of its 20th Anniversary

The Communications Authority of Kenya regulates the local ICT sector, which is characterized by fast changes in technology, new and innovative applications and services. Subsequently, the regulatory requirements are increasing at an equally fast pace with all sectors looking at the Authority for direction. The significance of ICT development in Kenya is high. ICT is now recognized as a pillar /enabler of other sectors as outlined in Kenya’s economic blue print , Vision 2030 and the Big Four Agenda. By July 2019, CA will have existed for 20 years and therefore plans to carry out a number of activities to mark the 20th anniversary celebrations. The anniversary celebrations are aimed at:

• Promoting public awareness on CA’s mandate • Promoting public confidence and favourable perception of the CA Brand

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• Reflection of the Authority’s 20 years of regulation of the ICT sector, service to Kenyans and impact on the sector/economy.

In the pitch proposals bidders are expected to:

• Present a proposal for a brand awareness campaign which shall accompany both pre and post CA’s 20th anniversary celebrations in order to meet the afore-cited objectives. The campaign should target all CA stakeholders with a view to creating a positive perception around the CA brand and must be well aligned with CA’s strategic vision.

• The campaign should have an accompanying comprehensive advertising plan that shows how to engage stakeholders through various mechanisms and channels on which to leverage. It should be able to create an emotional connection with the CA’s brand. This should show the steps envisaged for improving the Authority’s visibility and awareness.

• Clearly outline a monitoring and evaluation mechanism on the success of the brand campaign

• Provide a breakdown of costs to achieve the proposed campaign The marking scheme of the Pitch will be as follows:

NO CRITERIA Max scores

1. Understanding of the brief

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• Appropriateness of the proposed brand campaign in

meeting the objectives of the Authority 5

• Appropriateness of the proposed brand management

and positioning strategies 5

• Completeness of the analysis of CA’s internal and

external environment and impact on the CA brand 4

• Details of how the campaign will addressed. Requires identification of identified issues in the internal and external environment to enhance CA’s brand equity and top-of-mind awareness

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• Appropriateness and clear listing and description of thematic areas, target audience(s), key messaging for the campaign

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• Evidence and demonstration of use of creative and

materials to pass on key messages 5

• Is the concept captivating and does it have the potential to draw positive emotions towards the CA brand?

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2. Effective use (including cost) of advertising tools 15

• Appropriateness and cost effectiveness in the

communication mix without diluting the quality of 7

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NO CRITERIA Max scores

the message

• Suitability of media strategy and outreach activities 3

• Demonstrated creative and sustainable use of new

media to support the campaign 5

3. Suitability and applicability of proposed work plan, and methodology

5

• Appropriateness and practicability of the proposed

time schedules and work plan 5

4.

Evidence of use of research tools and studies in the planning and buying of space: Media planning, Media buying, Media optimization, Evaluation (Qualitative and quantitative)

5

• Media planning 1

• Media buying 1

• Media Optimization 1

• Monitoring and overall evaluation of media impact

(Qualitative and quantitative) 1

• Others 1 5. Incorporation of associated concerns in the campaign • Treatment accorded to the negative perception of CA 10 10 6. Overall presentation • Clarity of presentation

• Organization of presentation • Confidence in presentation • Tone of presentation and conviction of concept • Comprehensive responses to queries

5 5

GRAND TOTAL 80 Bidders that score 60 points and above out of 80 points in the pitch presentation shall be evaluated at the financial stage.

d. Financial Evaluation and Scores

The financial proposals of the bidders that qualified at the combining of the pitch presentation stage shall be openend and evaluated. Financial evaluation will be based on the prices of items and costs indicated on the rate card. The comparison will be as per the unit rates and the total unit rate cost in the rate card will be used. At the Financial Evaluation stage, the following formulae shall be applied to derive the financial. The committee shall thereafter compute the financial scores out of 20 points using the following formulae:

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Lowest evaluated bid as per total rate costs x 20 = Financial Scores Bid costs as per total rate The technical capacity evaluation scores and financial scores will be combined and the firm achieving the HIGHEST COMBINED SCORES will be considered for award of the tender. Note: Bidders are required to provide a rate card in the format provided for all the items requested for as outlined in this document (Section F).

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SECTION E: TECHNICAL PROPOSAL – STANDARD FORMS These forms are to be filled by bidders the forms include; i) Technical Proposal submission form. ii) Firm’s references form iii) Comments and suggestions of consultants on the Terms of Reference provided by the

Client. iv) Team Composition and task assignments form v) CV format for proposed Professional staff

(i). 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 consulting services] in accordance with your Request for Proposal dated ______________________ [Date]. We are hereby submitting our Proposal, which includes this Technical Proposal, [and a Financial Proposal sealed under a separate envelope-where applicable].

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

We remain,

Yours sincerely,

_______________________________[Authorized Signature]:

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

_________________________________[Address:]

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(ii). FIRM’S REFERENCES FORM

Relevant Services Carried Out in the Last Five Years that Best Illustrate Qualifications Using the format below, provide information on each assignment for which your firm either individually as a corporate entity or in association was legally contracted. Assignment Name: Country:

Location within Country:

Business name of Client:

Contact person:

Narrative description of assignment: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Professional Staff (profiles) provided by your firm:

No. of staff: Description of Actual Services Provided by Your Staff:

Duration of assignment: Start Date (Month/year): End Date (Month/Year):

Value of services rendered in Ksh: Firm’s Name: ___________________________________ Name and title of signatory: ________________________

(iii) COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE PROVIDED BY THE CLIENT

In this section bidders are encouraged to provide suggestions to improve the Terms of Reference provided the Authority

On the Terms of Reference:

1.

2.

3.

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4.

5.

(iv). TEAM COMPOSITION AND TASK ASSIGNMENTS 1. Technical/Managerial Staff

Name Position Task

(v). CURRICULUM VITAE (CV) FORMAT FOR PROPOSED PROFESSIONAL STAFF

Proposed Position: _____________________________________________________________

Name of Firm: _________________________________________________________________

Name of Staff: __________________________________________________________________

Profession: _____________________________________________________________________

Date of Birth: __________________________________________________________________

Years with Firm: _______________ Nationality: ______________________

Membership in Professional Societies: __________________________________________

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Detailed Tasks Assigned: _______________________________________________________

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations].

Education:

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

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]

Certification:

I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.

_________________________________________________________ Date: ________________ [Signature of staff member] ___________________________________________________________________ Date;______________ [Signature of authorized representative of the firm]

Full name of staff member: _____________________________________________________

Full name of authorized representative: _________________________________________

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SECTION F: - RATE CARD FOR ADVERTISING AGENCY

ITEM

DESCRIPTION Costing Unit

UNIT/JOB COST –KSHS INCLUSIVE OF TAXES

I) Creative Services Creative concept development

Development of creative designs and layouts Provision of illustrations as per client brief Creative concepts for proposed activities

Creative costs per hour

Creative copy writing Creative copy writing for: TV commercials,

Radio commercials, Print adverts, Corporate and Consumer Publications, Branding of events

Creative copy writing costs per hour

II)Media Buying

Media buy Client pays as per rate cards of various media houses, print, electronic and online platforms.

Percentage of markup/ discount by agency on media buy. Agency should provide comprehensive rate card as from media house on all platforms

Mobile platform Development of a CRM platform that shall facilitate dissemination of messages through the mobile phone. All costs should be itemized according to the specific mobile platform, reach and duration of the placement. (Use separate table to provide this information, which must be specific to the medium). The applicable rate of the placements should also be clearly stated in the submission.

Cost of development per project and applicable rates of placement

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III) DTP and Production Services Desk-top Publishing (DTP) & Illustrations

Design & layout Design and layout of adverts, publications,

posters, fliers, banners, brochures, invitation cards etc.

Cost per hour

Hand drawn illustration Illustrations as per client brief up to A2 size Cost per illustration

Public notices, tenders and other corporate notices

Basic layout and design of tenders and notices. Note that this has very little creative input.

Cost per desktop publishing for each basic advert.

Electronic Media Production

High quality voice-over High quality voice-over per 60 seconds

electronic advert/announcement. Cost per voice-over per artiste.

Ordinary quality voice-over

Ordinary voice-over per 60 seconds electronic advert/announcement.

Cost per voice-over per artiste.

Music rights Music rights per advert. Music rights cost per advert.

Sound effects Sound effects for various electronic media productions; e.g. adverts and documentaries

Cost sound effects per 60 seconds

Radio studio editing Editing of radio production Cost per hour of editing

Jingle Production

Jingles done specifically for Client

Compose and produce jingle Cost per jingle – lasting up to 2 minutes

Professional Photography

Professional photo-shoots for various purposes (cost should reflect professional fees per hour/half day/day)

Cost per hour Cost per half day Cost per full day

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Image hire from Agency database Cost per image

Image hire from third party database Cost per image

Audio Recording

Professional audio recording as per brief (Professional fees per hour)

Cost per recording per hour

Professional audio recording as per brief (Professional fees- Half day)

Cost per recording for half day

Professional audio recording as per brief (Professional fees-Full day)

Cost per recording for full day

Editing of audio recording Cost for editing per hour Videography Professional videos as per brief

(Professional fees per hour) Videography per hour

Professional videos as per brief (Professional fees - Half day)

Videography per half day

Professional videos as per brief (Professional fees - Full day)

Videography per day

Editing of video recording Video editing per hour Models Lead models Model hire for various

adverts/productions/events Cost per model (two year release)

Extras Extras hire for various

adverts/productions/events Cost per model (two year release)

Casting fees Standard fee for sourcing talent Consumable materials

Final artwork Artwork saved on CD Cost per CD Final artwork Artwork saved on DVD Cost per DVD Radio DAT working tape Production saved on DAT Cost per DAT

Mini DVD tape Production saved on DVD Cost per DVD IV) Printing and Production

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Corporate publications e.g. Annual Report, strategic plan, industry reports, Sector reports strategy documents e.t.c

Various sizes including 28cmx28cm; 23cmx 28cm; 21cmx27cm; 21x29.7cm; A4 and other paper sizes; Cover page: 350 gsm art card ; Inside pages – 135gsm art; Colour: Full colour; No. of pages 70-1200pgs; Finish: Spot high gloss varnishBinding: Tread sewn perfect binding

Creative and production costs for 300 copies



Creative and production costs for 1,000 copies

Corporate and Campaign Brochures Various sizes including 28cmx28cm; 23cmx

28cm; 21cmx27cm; 21x29.7cm; A4 and other paper sizes; Cover page: 150 gsm art card ; Inside pages – 120-135gsm art; Colour: Full colour; No. of pages 10-20 pgs; Finish: matte/ glosss/ varnish Binding: Saddle stiched/perfect binding





Document Editing, Proof Reading & Translations Script translation (English. To Kiswahili)

Long script translation; e.g. for annual report, service charter

Professional document editing

Long copy script editing Copy per A4 page (12 points, Times Roman font, single spacing)

Professional proof reading Long copy proof-reading

Editing per A4 page (12 points, times Roman font, single space)

Proof reading Proof reading of documents A4 page, Times New Roman font 12

Proof reading per A4 page (12 points, times Roman font, single space)

IV) Digital Communication Management ITEM DESCRIPTION

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Annual digital communication strategy

Development of an annual digital communication strategy for the Authority as per brief

Strategy

Content and social media management

Management, content development and management of content

Cost per event /project

Info graphics design

Creative design and development of info graphics for use

Cost per info graphic

Website design and development

Fresh design of a new website with all practical functionalities

Cost per project

Website Maintenance

Maintenance after web site installation within the first four months after installation of the web site – minor work for corrections, cosmetic changes etc.

Annual maintenance costs

Design and development of products for use on social media assets

Conceptualize, develop and implement relevant banners the Authority’s social media assets in line with the client branding guidelines

Creative cost per project

Project based digital communication plan

Development of a digital communication strategy for specific projects as per client brief

Project digital strategy

Project based engagement of online influencers, bloggers, vloggers e.t.c

Engagement of influencers, bloggers, vloggers e.t.c for specified projects as per client brief (quote should be based on month-to-month basis)

Cost per project

V) Research/Surveys

Focus Group Discussions

FGDs and analysis of up to 20 people on various topics as per client brief

Cost of mobilization

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Interviews Carry out interviews as per client brief; Development of interview guides, recording of interviews and report of he interviews

Administration cost per project

Questionnaires Administer questionnaires as per client brief Administration cost per project

Dip Stick survey

Carryout representative dip stick survey as per client brief

Administration cost per project

(ii) Research within Nairobi Research within Nairobi

Include all costs for research per 100 respondents within Nairobi region (radius 50 km)

Cost per per 100 respondents research

Researchers To carry out research within Nairobi Cost per researcher per day

Researcher nightout

Nightout for researcher within Nairobi Nightout per researcher per night

Research supervisor

To supervise researcher within Nairobi Cost per supervisor per day

Supervisor nightout

Nightout for researcher within Nairobi Nightout per supervisor per night

(iii) Research in locations outside Nairobi Research in locations outside Nairobi

Include all costs for research per 100 respondents in locations outside Nairobi region (radius 50 km)

Cost per per 100 respondents research

Researchers To carry out research in locations outside Nairobi

Cost per researcher per day

Researcher nightout

Nightout for researcher in locations outside Nairobi

Nightout per researcher per night

Research supervisor

To supervise researcher in locations outside Nairobi

Cost per supervisor per day

Supervisor nightout

Nightout for researcher in locations outside Nairobi

Nightout per supervisor per night

VI)

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Transportation Road transport Transport used by agency in carrying out

client duties; not more than 1800 cc unless agreed in advance with client

Cost of transport. Indicate percentage charge over and above prevailing AA rates.

Air transport Air travel in course of carrying out client duties.

Indicate percentage charge over and above ticket cost if it applies

Night Out costs per person

Cost for travel out of town per person per night by agency staff in carrying out client duties

Cost per person per night

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SECTION G: GENERAL CONDITIONS OF CONTRACT 1. GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the following terms Whenever used in this Contract shall have the following meanings: (a) “Applicable Law” means the laws and any other

instruments having the force of law in the Republic of Kenya as they may be issued and in force from time to time;

(b) “Contract” means the Contract signed by the Parties, to

which these General Conditions of Contract (GC) are attached together with all the documents listed in Clause 1 of such signed Contract;

(c) “Contract Price” means the price to be paid for the

performance of the Services in accordance with Clause 6 here

(d) below;

(e) “Foreign Currency” means any currency other than the

Kenya Shilling;

(f) “GC” means these General Conditions of Contract;

(g) “Government” means the Government of the Republic of Kenya;

(h) “Local Currency” means the Kenya Shilling;

(i) “Member”, in case the Consultant consists of a joint

venture of more than one entity, means any of these entities; “Members” means all these entities, and “Member in Charge” means the entity specified in the SC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract;

(j) “Party” means the Client or the Consultant, as the case may

be and “Parties” means both of them.

(k) “Personnel” means persons hired by the Consultant or by any Sub consultant as employees and assigned to the performance of the Services or any part thereof;

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(l) “SC” means the Special Conditions of Contract by which

the GC may be amended or supplemented;

(m) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A; and

(n) “Subconsultant” means any entity to which the Consultant

subcontracts any part of the Services in accordance with the provisions of Clauses 3 and 4.

1.2 Law Governing This Contract, its meaning and interpretation and the the Contract relationship between the Parties shall be governed by the Laws of

Kenya.

1.3 Language This Contract has been executed in English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.4 Notices Any notice, request, or consent made pursuant to this Contract

shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed or when sent by registered mail, telex, telegram or facsimile to such Party at the address specified in the SC.

1.5 Location The Services shall be performed at such locations as are specified

in Appendix A and, where the location of a particular task is not so specified, at such locations, whether in the Republic of Kenya or elsewhere, as the Client may approve.

1.6.1 Authorized Any action required or permitted to be taken and any

Representatives document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SC.

1.7 Taxes and The Consultant, Sub-consultant [s] and their personnel

Duties shall pay such taxes, duties, fees and other impositions as may be levied under the Laws of Kenya, the amount of which is deemed to have been included in the Contract Price.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT 2.1 Effectiveness of This Contract shall come into effect on the date the

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Contract Contract is signed by both Parties and such other later date as may be stated in the SC.

2.2 Commencement The Consultant shall begin carrying out the Services

of Services thirty (30) days after the date the Contract becomes effective or at such other date as may be specified in the SC.

2.3 Expiration of Unless terminated earlier pursuant to Clause 2.6, this

Contract Contract shall terminate at the end of such time period, after the Effective Date, as is specified in the SC.

2.4 Modification Modification of the terms and Conditions of this Contract,

including any modification of the scope of the Services or the Contract Price, may only be made by written agreement between the Parties.

2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.

2.5.2 No Breach The failure of a Party to fulfill any of its obligations under

of Contract the Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.

(x)

2.5.3 Extension Any period within which a Party shall, pursuant to this

Of Time Contract complete any action or task shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

2.5.4 Payments During the period of his inability to perform the Services

as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by him during such period for the purposes of

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the Services and in reactivating the Service after the end of such period.

2.6 Termination

2.6.1 By the The Client may terminate this Contract by not less than Client thirty (30) days’ written notice of termination to the Consultant, to

be given after the occurrence of any of the events specified in this Clause;

(a) if the Consultant does not remedy a failure in the

performance of his obligations under the Contract within thirty (30) days after being notified or within any further period as the Client may have subsequently approved in writing;

(b) if the Consultant becomes insolvent or bankrupt;

(c) if, as a result of Force Majeure, the Consultant is unable to

perform a material portion of the Services for a period of not less than sixty (60) days; or

(d) if the Consultant, in the judgement of the Client, has

engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause; “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the selection process or in Contract execution. (xi) “fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of Contract to the detriment of the Client, and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Client of the benefits of free and open competition.

(e) if the Client in his sole discretion decides to terminate this

Contract.

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2.6.2 By the The Consultant may terminate this Contract by not less Consultant than thirty (30) days’ written notice to the Client, such notice to be

given after the occurrence of any of the following events;

(a) if the Client fails to pay any monies due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause 7 within sixty (60) days after receiving written notice from the Consultant that such payment is overdue; or

(b) if, as a result of Force Majeure, the Consultant is unable to

perform a material portion of the Services for a period of not less than sixty (60) days.

2.6.3 Payment Upon termination of this Contract pursuant to Clauses upon 2.6.1 or 2.6.2, the Client shall make the following Termination payments to the Consultant:

(a) Remuneration pursuant to Clause 6 for Services satisfactorily performed 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 costs incident to the prompt and orderly termination of the Contract, including the cost of the return travel of the Personnel and their eligible dependents.

(xii) 3. OBLIGATIONS OF THE CONSULTANT 3.1 General The Consultant shall perform the Services and carry out his

obligations with all due diligence, efficiency and economy in accordance with generally accepted professional techniques and practices and shall observe sound management practices, and employ appropriate advanced technology and safe methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the Client and shall at all times support and safeguard the Client’s legitimate interests in any dealing with Sub consultants or third parties.

1.2 Conflict of

Interests 3.2.1 Consultant (i) The remuneration of the Consultant pursuant to Not to Clause 6 shall constitute the Consultant’s sole

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Benefit from remuneration in connection with this Contract or Authority’s, the Services and the Consultant shall not accept Discounts, for his own benefit any trade Authority, Etc. discount or similar payment in connection with

activities pursuant to this Contract or to the Services or in the discharge of his obligations under the Contract and the Consultant shall use his best efforts to ensure that his personnel, any sub consultant[s] and agents of either of them similarly shall not receive any such additional remuneration.

(ii) For a period of two years after the expiration of this

Contract, the Consultant shall not engage and shall cause his personnel as well as his sub consultant[s] and his/their personnel not to engage in the activity of a purchaser (directly or indirectly) of the assets on which he advised the Client on this Contract nor shall he engage in the activity of an adviser (directly or indirectly) of potential purchasers of such assets.

(iii) Where the Consultant as part of the Services has the

responsibility of advising the Client on the procurement of goods, works or services, the Consultant will comply with any applicable

(xiii) Procurement guidelines and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or Authority’s obtained by the Consultant in the exercise of such procurement shall be for the account of the Client.

3.2.2 Consultant The Consultant agrees that, during the term of this and Contract and after its termination, the Consultant Affiliates and his affiliates, as well as any Sub-consultant Not to be and any of his affiliates, shall be disqualified from Otherwise providing goods, works or services (other than the Interested in Services and any continuation thereof) for any Project project resulting from or closely related to the Services. 3.2.3 Prohibition Neither the Consultant nor his sub-consultant[ s] of nor their personnel shall engage, either directly or Conflicting indirectly in any of the following activities: Activities

(a) during the term of this Contract, any business or professional activities in the Republic of Kenya which would conflict with the activities assigned to them under this Contract; or

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(b) after the termination of this Contract, such other

activities as may be specified in the SC.

3.3 Confidentiality The Consultant, his sub-consultant[s] and the personnel of either of them shall not, either during the term of this Contract or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Client’s business or operations without the prior written consent of the Client.

3.4 Insurance to be The Consultant (a) shall take out and maintain Taken Out by the and shall cause any sub-consultant[s] to take out Consultant and maintain, at his (or the sub-consultants’, as the case

may be) own cost but on terms and conditions approved by the Client, insurance against the risks and for the coverage, as shall be specified in the SC; and (b) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums have been paid.

(xiv) 3.5 Consultant’s The Consultant shall obtain the Client’s prior Actions Requiring approval in writing before taking any of the Client’s Prior following actions; Approval

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

(b) appointing such members of the personnel not listed by

name in Appendix C (“Key Personnel and Sub-consultants”).

3.6 Reporting The Consultants shall submit to the Client the reports Obligations and documents specified in Appendix A in the form, in

the numbers, and within the periods set forth in the said Appendix. 3.7 Documents All plans, drawings, specifications, designs, reports and prepared by other documents and software submitted by the Consult- the Consult- ant in accordance with Clause 3.6 shall become and

ant to Be remain the property of the Client and the Consultant the Property shall, not later than upon termination or expiration of this of the Client Contract, deliver all such documents and software to the Client

together with a detailed inventory thereof. The

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Consultant may retain a copy of such documents and software. Neither Party shall use these documents for purposes unrelated to this Contract without the prior approval of the other Party.

4. CONSULTANT’S PERSONNEL

4.1 Description The titles, agreed job descriptions, minimum qualification- of Personnel tions and estimated periods of engagement in the carrying out of

the Services of the Consultant’s Key Personnel are described in Appendix C. The Key Personnel and Sub consultants listed by title as well as by name in Appendix C are hereby approved by the Client.

4.2 Removal (a) Except as the Client may otherwise agree, no changes and/ or shall be made in the Key Personnel. If for any reason Replacement beyond the reasonable control of the Consultant, it

Of Personnel becomes necessary to replace any of the Key Personnel, the Consultant shall provide as a replacement a person of equivalent or better qualifications. (xv)

(b) If the Client finds that any of the Personnel have (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) the Client has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Client’s written request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Client.

(c) The Consultant shall have no claim for additional

costs arising out of or incidental to any removal and/or replacement of Personnel.

5. OBLIGATIONS OF THE CLIENT 5.1 Assistance and The Client shall use his best efforts to ensure that Exemptions he provides the Consultant such assistance

and exemptions as may be necessary for due performance of this Contract.

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5.2 Change in the If after the date of this Contract, there is any Applicable Law change in the Laws of Kenya with respect to taxes

and duties which increases or decreases the cost of the Services rendered by the Consultant, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties and corresponding adjustments shall be made to the amounts referred to in Clause 6.2 (a) or (b), as the case may be.

5.3 Services and Facilities The Client shall make available to the Consultant the

Services and Facilities listed under Appendix F.

6. PAYMENTS TO THE CONSULTANT 6.1 Lump-Sum The Consultant’s total remuneration shall not

Remuneration exceed the Contract Price and shall be a fixed lump-sum including all staff costs, Sub-consultants’ costs, printing, communications, travel, accommodation and the like and all other costs incurred by the Consultant in carrying out the (xvi) Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price may only be increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with Clause 2.4.

6.2 Contract Price (a) The price payable in foreign currency is set forth in

the SC.

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

6.3 Payment for For the purposes of determining the remuneration Additional due for additional services as may be agreed under Services Clause 2.4, a breakdown of the lump-sum price is provided in Appendices D and E. 6.4 Terms and Payments will be made to the account of the

Conditions of Consultant and according to the payment Payment schedule stated in the SC. Unless otherwise stated in the

SC, the first payment shall be made against the provision

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by the Consultant of a bank guarantee for the same amount and shall be valid for the period stated in the SC. Any other payment shall be made after the conditions listed in the SC for such payment have been met and the Consultant has submitted an invoice to the Client specifying the amount due.

6.5 Interest on Payment shall be made within thirty (30) days of Delayed receipt of invoice and the relevant documents Payment specified in Clause 6.4. If the Client has delayed payments

beyond thirty (30) days after the due date hereof, simple interest shall be paid to the Consultant for each day of delay at a rate three percentage points above the prevailing Central Bank of Kenya’s average rate for base lending .

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 its interpretation.

(xvii) 7.2 Dispute Settlement Any dispute between the Parties as to matters

arising pursuant to this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be referred by either Party to the arbitration and final decision of a person to be agreed between the Parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators, Kenya Branch, on the request of the applying part

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Appendix I

FORM OF TENDER- To be submitted with financial proposal FROM------------------------------------------------------ DATE ------------------------- TO: ---------------------------------------------------------------------- RE: Proposal for selection of an Advertising Agency--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- In accordance with Tender Number ------------------------------------- Date------------------ I/We------------------------------------------------------------------------------------------------------ Tender an amount of Ksh---------------------------------------------------------------------------- In accordance with the attached tender forms / conditions of tender / schedule of requirements and in conformity with the scheduled delivery arrangements stated. I/We understand that the Authority reserves the right to accept or reject this tender for any reason it considers justifiable. I/We agree that the terms of this tender will remain valid for and will not be withdraw for a period of------------------------------------------------------------------- days from the final date of submission of tender. In the event of this tender being accepted within the stipulated --------------------------------days; I/We agree to provide consultancy services as indicated in this tender to be quoted delivery dates and failure on my/ our part to meet these requirements constitutes a breach on contract. Witnessed by----------------------------------- Tenderer’s Name------------------------ Address----------------------------------------- Tenderer’s Signature------------------- Signature of Witness-------------------------- Tenderer’s designation----------------- Date--------------------------------------------- Full address------------------------------ Telephone No--------------------------- Date---------------------------------------

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Appendix II

4. PERFORMANCE BANK GUARANTEE (To be on the letterhead of the Bank) To: Communications Authority of Kenya Waiyaki Way P.O. Box 14448, NAIROBI 00800 WHEREAS_______________________________________________________ [name of Contractor] (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No._________________ dated____________________________2019 to provide______________________________________ ________________________________________________________(hereinafter called “the Contract”). AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the Contractor’s performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Contractor a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Contractor, up to a total of Kshs 1 million (words) (figures), and we undertake to pay you, upon your first written demand declaring the Contractor to be in default under the Contract and without cavil or argument, any sum or sums within the limits of_____________________________________________ as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. The guarantee is valid until the _______________ day of _______________ 2019. Signature and seal of the Guarantors _________________________________________________________________________ [name of bank] _________________________________________________________________________ [address] ________________________________________________________________________ [date]

Appendix III

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3. CONTRACT FORM THIS AGREEMENT made the _________________ day of ______________ 2019 between Communications Authority of Kenya (hereinafter called “the Client”) of the one part and _____________________________________________(hereinafter called “the Agency”) of the other part. WHEREAS the Client invited tenders for certain goods and ancillary services, viz., Provision of consultancy Services and has accepted a tender by the Contractor for the provision of the services in the sum of ___________________________________________________________________________ ____________(words)_____________________[figures] (hereinafter called “the Contract Price”). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of

this Agreement, viz: (a) The Tender Form and the Price Schedule submitted by the Tenderer; (b) The schedule of Requirements; (c) The General Conditions of Contract; (d) The Special Conditions of Contract; and (e) The Client’s Notification of Award and Agency’s letter of Acceptance. 3. In consideration of the payments to be made by the Client to the Agency, the Contractor

hereby covenants with the Client to provide the services in conformity in all respects with the provisions of the Contract.

4. The Client hereby covenants to pay the Agency in consideration of the provision of the

services, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the contract.

5. The Agency undertakes to perform the services with the highest standards of proficiency

and ethical competence and integrity.

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IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written. SIGNED FOR AND ON BEHALF OF THE COMMUNICATIONS AUTHORITY OF KENYA _______________________________________ DIRECTOR-GENERAL ) ) In the presence of: ) ) ) ) _______________________________________ ) AUTHORITY SECRETARY )