RFP for Unified Computing System

8/14/2019 RFP for Unified Computing System

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KENYA SCHOOL OF MONETARY STUDIES

P. O. Box 65041 00618, Tel: 8646000, 0726-600668, 0733-600668, Fax: 8560430, Nairobi,

Kenya

E-mail:[email protected]

KENYA SCHOOL OF MONETARY STUDIES

TENDER NO. KSMS/PRO/14/13-14

REQUEST FOR PROPOSAL FOR DESIGN AND IMPLEMENTATION OF UNIFIED

COMPUTING SYSTEM FOR THE KENYA SCHOOL OF MONETARY STUDIES,RUARAKA CAMPUS.

CLOSING DATE: 26TH

NOVEMBER 2013

MANDATORY SITE INSPECTION ON FRIDAY 15TH

NOVEMBER 2013AT 10:30AM


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TABLE OF CONTENTS

PageINTRODUCTION

SECTION I - LETTER OF INVITATION .. 3

SECTION II - INFORMATION TO CONSULTANTS 4

SECTION III - TERMS OF REFERENCE14

SECTION IV - TECHNICAL PROPOSAL 16

SECTION V - FINANCIAL PROPOSAL.25


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SECTION II - INSTRUCTIONS TO CANDIDATES

Table of Contents Page2.1 Introduction.. 52.2 Clarification and amendments to the RFP documents.. 52.3 Preparation of proposals.. 62.4 Financial proposal. 62.5 Submission receipt and opening of proposals 72.6 Evaluation of proposals (General).. 82.7 Evaluation of Technical proposals.. 82.8 Opening and evaluation of Financial proposals. 92.9 Negotiations 102.10 Award of Contract112.11 Confidentiality 112.12 Corrupt or fraudulent practices------------------------------------- 12


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SECTION II - INFORMATION TO CANDIDATES

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

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

2.1.2 The candidates are invited to submit a technical proposal and a financial proposal for theDesign and Implementation of a Unified Computing System as relates to the assignmentstated in the letter of invitation (Section I)

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

by a relevant authority, a technical proposal only may be invited and submitted by thecandidate. In such a case the highest ranked candidate in the technical proposals shall beinvited to negotiate a contract on the basis of the set scale of fees. The technical

proposals will be the basis for contract negotiations and ultimately for a signed contractwith the selected candidate.

2.1.4 The candidates must familiarize themselves with local conditions as regards to theassignment and take them into account in preparing their proposals. To obtain adequateinformation on the assignment and on the local conditions, candidates are encouraged toliaise with KSMS regarding any information that they may require before submitting a

proposal

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

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

accept any of the proposals submitted.

2.1.7 KSMS employees, committee members, board members and their relative (spouse andchildren) are not eligible to participate in the tender.

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

(7) days before the deadline for the submission of the proposals. Any request forclarification must be sent in writing by post, fax or email to KSMS address indicated inthe special conditions of contract. KSMS will respond by post, fax or email to suchrequests and will send written copies of the response (including an explanation of thequery but without identifying the source of inquiry) to all candidates invited to submit

proposals.

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


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2.3 Preparation of Technical Proposal2.3.1 The individual suppliers proposal shall be written in English language.2.3.2 In preparing the Technical proposal, the candidates are expected to examine the

documents containing the RFP in detail. Material deficiencies in providing theinformation requested may result in rejection of a Quotation.

2.3.3

While preparing the Technical proposal, the candidate must give particular attention tothe following:(a) If a candidate considers that it does not have all the expertise required for the

assignment it may suggest in the proposals other person(s) who will assist in theassignment but they will not be party to the contract for the purpose of the

performance of the assignment. A candidate will not propose other candidatesinvited to submit quotations for the assignment. Any candidate in contravention ofthis requirement shall automatically be disqualified.

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

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

2.3.4 The Technical proposal shall provide the following information;(a) The individual consultants CV and a brief of any recent experience of assignment of

a similar nature. For each assignment the brief should indicate the profiles of staffinvolved, contract amount and the individual consultants involvement.

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

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

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

(e) CVs recently signed by the proposed professional staff and the authorizedrepresentative submitting the proposal. Key information should include number ofyears working for the firm/entity and degree of responsibility held in variousassignments during the last two (2) years.

(f) Estimates of the total staff input (professional and support staff-time) needed to carryout the assignment supported by bar chart diagrams showing the time proposed foreach professional staff team member.

(g) Any additional information requested in the special conditions of contract.2.3.5 The Technical proposal shall be separate from the financial proposal and shall not

include any financial information.

2.4 Financial Proposal

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

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


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2.4.2 The Financial proposal should include the payable taxes.

2.4.3 The Financial proposal must remain valid for 90 daysafter the submission date. Duringthis period the candidate is expected to keep available at his own cost any staff proposedfor the assignment. KSMS will make best efforts to complete negotiations within this

period. If it wishes to extend the validity period of the quotation, the candidates who donot agree, have the right not to extend the validity of their quotations.

2.4.4

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

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

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

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

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

2.5.3 The original and all copies of the Technical proposal shall be placed in a sealed envelopeclearly marked TECHNICAL PROPOSAL, and the original and all copies of thefinancial proposal in a sealed envelope duly marked FINANCIAL PROPOSAL. Bothenvelopes shall be placed in an outer envelope and sealed. This outer envelope shall

bear KSMS addressand other information indicated in the appendix to the instructionsto candidates and clearly marked DO NOT OPENbefore 26th NOVEMBER 2013 at10.30 a.m

2.5.4 The completed Technical proposal and financial proposals must be delivered at thesubmission address on or before the time and date of the submission of the quotationsindicated in the appendix to the instructions to candidates. Any quotations received laterthan the closing date for submission of quotations shall be rejected and returned to thecandidate unopened. For this purpose the inner envelope containing the technical andfinancial quotations will bear the address of the candidate submitting the quotations.

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

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

candidate wishes to contact KSMS on any matter relating to the proposal should do so inwriting at the address indicated in the appendix to the instructions to candidates. Anyeffort by a candidate to influence KSMS staff in the evaluation of quotation comparison

proposals or awards of contract may result in the rejection of the candidate quotation.


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

2.7

Evaluation of Technical Proposals.

Particulars of the firm/management

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

No ItemDescription Compliance

1. PINCertificate2. VATRegistration3. Company Profile using Business

Questionnaire4. Site visit lodged with procurement

division5. Certificate of Current Tax Compliance

fromcountryoforigin.6. RegistrationoftheCompany/Certificate

ofincorporation7. Proof of registration as the relevant

body.


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The evaluation committee appointed by KSMS shall evaluate the technical proposals

following the criteria set out in the terms of reference based on the following points

criteria.

1. Requirements:Prior to preparing a tender, a bidder is required to carry out a mandatory site inspection onFriday 15thNovember 2013at 10:30am to ascertain the requirements and clarify any factsnot clearly presented in this document.

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

Meeting the requirements contained in this Invitation to Tender. Vendor capability including Unified Computing System Design certifications. Overall cost. Clarity of the proposal and delivery schedules

EVALUATION CRITERIA

Item Score (%)

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

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2. Compliance with the stated technical deliverables and deliveryschedule (CATEGORY A and B below). Please attach

manufacturers product datasheets.

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3. Qualified Technical Staff in the company relevant to the Unifiedcomputing system who will be actively involved in the proposed

project. (Must provide detailed CV accompanied by relevantacademic and professional certification. Telephone contacts must

5


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be provided,

Each qualifying C.V earns 2.5 marks to max of 2 CVs)

4. Number of years in operation as an active provider of centralizedstorage solutions evidenced by projects undertaken. Evidence

LPO/LSO or contracts and completion certificates.

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

5

5. Evidence of OEM Authorization. 106. Certified financial statement for the last three years (2012,2011,

and 2010)5

7. Evidence of access to credit facilities, net of other contractualcommitment which may be made for this project.

5

TOTAL 100

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

2.8 Opening and Evaluation of Financial Proposal

2.8.1 After completion of the evaluation of Technical Proposals KSMS shall notify thecandidates whose proposal did not meet the minimum technical score or were declarednon responsive to the RFP and terms of reference. The notification will indicate that

their financial proposals shall not be opened and will be returned to them unopened afterthe completion of the selection process and contract award. At the same time, it shallsimultaneously notify the candidates who have secured the minimum technical scorethat they have passed the technical qualifications and inform them the date and time set

by them for opening their financial proposals. They will also be invited to attend theopening ceremony if they wish to do so.

2.8.2 The Financial Proposals shall be opened by KSMS in the presence of the candidates whochoose to attend the opening. The name of the candidate, the technical score or thetechnical evaluation result and the proposed fees shall be read out aloud and recorded.The evaluation committee shall prepare minutes of the opening of the financialquotation.

2.8.3 The evaluation committee will determine whether the financial proposals have complete(i.e. whether the bidder has priced) all the items of the corresponding Technical Proposaland correct any computational errors. The cost of any un-priced items shall be assumedto be included in other costs in the proposal. In all cases, the total price of the FinancialProposal as submitted shall prevail.

2.8.4 The formulae for determining the Financial Score (Sf) shall, unless an alternativeformulae is indicated in the Appendix ITC, be as follows: Sf = 100 X FM/F where Sfis the financial score; Fm is the lowest priced financial proposal and F is the price of the

proposal under consideration. Proposals will be ranked according to their combined


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technical (St) and financial (Sf) scores using the weights (T=the weight given to theTechnical Proposal: P = the weight given to the Financial Proposal; T + p = I) indicatedin the Appendix. The combined technical and financial score, S, is calculated as follows= St x T % + Sfx P %. The firm achieving the highest combined technical and financialscore will be invited for negotiations 2.8.6

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

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

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

information to candidates. The purpose of the negotiations is for KSMS and thecandidate to reach agreements on all points regarding the assignment and sign 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 to improve theTerms of Reference. The Client and firm will then work out final Terms of Reference,staffing and bar charts indicating activities, staff periods in the field and in the head

office, staff-months, logistics and reporting. The agreed work plan and final Terms ofReference will then be incorporated in the Description of Services and form part of theContract. Special attention will be paid to getting the most the firm can offer within theavailable budget and to clearly defining the inputs required from the Client to ensuresatisfactory implementation of the assignment.

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

2.9.3 Having selected the firm on the basis of, among other things, an evaluation of proposedkey professional staff, the Client expects to negotiate a contract on the basis of theexperts named in the proposal. Before contract negotiations, the Client will require

assurances that the experts will be actually available. The Client will not considersubstitutions during contract negotiations unless both parties agree that undue delay inthe selection process makes such substitution unavoidable or that such changes arecritical to meet the objectives of the assignment. If this is not the case and if it isestablished that key staff were offered in the proposal without confirming theiravailability, the firm may be disqualified.

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

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

are completed KSMS will promptly notify the other candidates that they wereunsuccessful and return the financial quotations of the candidates who did not passtechnical evaluation.

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


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2.10.3 The parties to the contract shall have it signed within 30 days from the date of

notification of contract award unless there is an administrative review request.

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

2.10.5 KSMS shall give prompt notice of the termination to the tenderers and on request give itsreasons for termination within 14 days of receiving the request from any tenderer.

2.10.6

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

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

b) Legal capacity to enter into a contract for procurementc) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and

is not the subject of legal proceedings relating to the foregoing.(d) Shall not be debarred from participating in public procurement.

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

shall not be disclosed to the candidates who submitted the quotation or to other personsnot officially concerned with the process, until the winning candidate has been notifiedthat he/she has been awarded the contract.

2.12 Corrupt or fraudulent practices

2.12. 1 KSMS requires that the consultants observe the highest standards of ethics during theselection and award of the consultancy contract and also during the performance of theassignment. The tenderer shall sign a declaration that he has not and will not beinvolved in corrupt or fraudulent practices.

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

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


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SECTION 111

TERMS OF REFERENCE FOR REQUEST FOR PROPOSAL FOR THE DESIGN ANDIMPLEMENTATION OF A UNIFIED COMPUTING SYSTEM FOR THE KENYASCHOOL OF MONETARY STUDIES, RUARAKA

KSMS wishes to have an infrastructure with the ability to pool IT resources, toautomate resource provisioning and to scale up and down capacity quickly to meetthe needs of dynamic computing workloads. The solution will create a more cost-effective, efficient and centrally managed IT resources by integrating computing,networking, data storage components, virtualization (Servers & Desktopsvirtualization) and other resources. Storage and backup is extremely key in thissystem.

The solution should address the following:

CATEGORY A

HARDWARE REQUIREMENTS FOR A STORAGE ARRAY

Operating System & Clustering Support 1 Mark

The storage array should support industry-leading Operating System platforms

including: Windows Server 2008, Windows 2012, VMware, Sun Solaris, HP-UX,

IBM-AIX, OpenVMS and Linux.

Capacity & Scalability 1 Mark

1. The Storage Array shall be offered with 36 TB Raw Capacity using 600GB6G SAS 10K 2.5in and 2TB SAS 7.2K drives.

2. Storage shall be scalable to minimum of 120TB using 600GB and 2TBdrives.

Cache 1 Mark

1. Offered Storage Array shall be given with Minimum of 24GB cache in asingle unit.

2. Cache shall be used only for Data and Control information. OS overheadshall not be done inside cache.

3. Cache shall be dynamically managed for both Read and Write operations.Processing Power 1 Mark

Offered Storage architecture shall be based on purpose built ASIC, XOR engine so

that there shall be no load on the storage CPU during Raid Parity calculations.

Architecture & Processing Power 2 Mark


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1. Controllers shall be true active-active so that a single Logical unit can beshared by both controllers at the same time.

2. All volumes/LUNs must be presented to all controllers in a system and allcontrollers must be able to accept IOs from each other while system is

running.

3. Controller failover must be built into the OS and not a separate softwareproduct.

4.Must be able to automatically load balance between controllers in an array.

5. The dual-controller system, write cache must be atleast 50% usable.No Single point of Failure 1 Mark

Offered Storage Array shall be configured in a No Single Point of configuration

including Array Controller card, Cache memory, FAN, Power supply etc.

Disk Drive Support 1 Mark

Offered Storage Array shall support 6Gbps dual-ported 300 / 450 / 600 /

900GB hot-pluggable Enterprise SAS hard drives, Minimum of 100 / 200GB SLC

SSD Drives along with SAS MDL 1TB / 2TB / 3TB drives.

Raid Support & Virtualization 3 Marks

1. Offered Storage Subsystem shall support Raid 0, 1 , 1+0, 5 and Raid 6.2. Offered storage array shall have native virtualization support so that Raid

1. Raid 5, Raid 1+0, Raid 6 can be carved out from a logical space instead

of dedicating separate physical disks for each application.

3. Every supplied disk shall be able to participate into multiple and differentraid sets simultaneously.

4. Offered storage must be able to automatically stripe data across ALLthedisks in the array

Data Protection 1 Mark

In case of Power failure, Storage array shall have de-stage feature to avoid any

data loss.

Host Ports & Back-end Ports 1 Mark

1. Offered Storage shall have minimum of 4 host ports for connectivity toservers running at 8Gbps speed.

2. Offered storage shall also support additional Quad 10Gbps native ISCSIports.

3. Offered storage shall have two additional IP ports for the storage basedreplication.

4. Offered storage shall have 16 number of SAS Back-end lanes running at6Gbps speed.


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Global Hot Spare 1 Mark

1. Offered Storage Array shall support distributed Global hot Spare foroffered Disk drives.

2. Global hot spare shall be configured as per industry practice.Performance and Quality of service 1 Mark

1. Shall have capability to use more than 30 drives per array group or raidgroup for better performance.

2. Storage shall be provided with Performance Management Software.3. Offered Storage array shall support quality of services so that required

performance (IOPS) or bandwidth or both can be Guaranteed into the

environment.

4. The system must not require any extra space reservations.Thin Provisioning and Space Reclaim 2 Marks

1. Offered storage array shall be supplied with Thin provisioning and Thin Re-claim to make the volume thin for an extended period of time for complete

array supported raw capacity.2. Thin Re-claim (Zero Page reclaim) inside storage subsystem shall be

automatic in nature and there shall be no need to run any utility inside

storage for same.

3. Thin Re-claim inside storage shall not cause any overloading of Storage CPUand shall be able to claim the Zero pages even during peak load without

any performance impact

4. For effective capacity utilization, thin reclaim maximum unit shall be 16KB.Vendor shall provide the documentary proof for same.

5. Offered storage array shall be tightly integrated with VMware so thatEager zero disks layout can be used with thin provisioning and thin re-claim.6. Offered storage must offer ASIC powered thin provisioning.

Maintenance 1 Mark

Offered storage shall support online non-disruptive firmware upgrade for both

Controller and disk drives.

Snapshot / Point in time copy / Clone 3 Marks

1. Offered Storage shall have support to make the snapshot and full copy(Clone) on the thin volumes if original volume is created on thick or vice-

versa.

2. The storage array should have support for controller-based snapshotsfunctionality for pointer-based snapshots (At-least 24 copies),

3. Storage array shall have functionality to re-claim the space from ThinProvisioned Deleted snapshot automatically.


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4. Must be able to delete a snapshot within a tree of snapshots without erasingall subsequent snapshots.

5. Solution must not delete snaps when system is full. Snaps may go inactive butmust not be deleted.

6. All volumes must be reservationless for snapshots, remote volumes, migratedvolumes, etc.,

7. Primary volumes must stay contiguous even when there are active snapshotsattached.

Storage Array Configuration & Management Software 1 Mark

1. Vendor shall provide Storage Array configuration and Managementsoftware.

2. Software shall be able to manage more than one array of same family.Storage Tiering 3 Marks

1. Offered storage shall support dynamic migration of Volume from one Raidset to another set while keeping the application online.

2.For effective data tiering, Storage subsystem shall support automaticallyPolicy based Sub-Lun Data Migration from one Set of drive Tier to another

set of drive tier.

Multi-tenancy 2 Mark

Offered storage must provide Multi-tenancy and the Multi-tenancy must apply

equally to file and all block modes.

Remote Replication 1 Mark

1. The storage array should support hardware based data replication at thearray controller level across all models of the offered family.

2. The Storage array shall also support three ways (3 Data Centers)replication to ensure zero RPO in native fashion without using any additional

replication appliance.

3. Replication shall support incremental replication after resumption from LinkFailure or failback situations.

SAN Switches 2 Mark

1. Connectivity - 8Gbps. Should auto sense 1, 2, 4 and 8 Gb environments2. 8 ports activated. Should be upgradable to a minimum 24 ports

Host Bus Adapters 1 Mark (It will be important to visit to clarify if the adapters

inbuilt in the servers will work with your proposed solution).

1. Supply Dual port adapters for current servers (2 Dell PowerEdge R720servers)


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Support and Installation

1. Manufacturer installation services2. Hardware manufacturer 3 year 24x7 support services

Warranty:2 Mark

3 Year, on-site Warranty Service.

Training

Technical training to be offered to 3 IT staff

Data Migration

Data migration services from the current servers to the new storage hardware

OEM Authorization

Documentary evidence to be attached

CATEGORY B

BACKUP SOFTWARE REQUIREMENTS FOR ALL SERVERS INCLUDING THE

STORAGE SYSTEM

Operating System Support 1 Mark

Proposed software should have OS support on Windows, Linux, AIX, HP-UX and

Solaris

Hardware Support 1 Mark

Proposed software should be able to backup on commonly used devices such as

DDS, DLT, DLT1, Super DLT, QIC/Travan, Magneto-Optical, Mammoth M2, Eliant,

IBM 3590 (Magstar), STK 9840, STK 9940, AIT and LTO Ultrium

Scalability 1 Mark

Proposed software should be able to scale to thousands of clients, manage 1

Trillion filenames, and run 100 thousand sessions per day

Network Bandwidth Throttling 1 Mark

The proposed software should have bandwidth control capability that allows you

to configure a maximum bandwidth limit that can be used by the backup process


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Zero Downtime Backup Capability 1 Mark

Proposed software should have Integration feature that provides snapshot

management to protect application data, making additional copies to

deduplicated secondary storage without impacting the production environment

Advanced VMware Restore Options 1 Mark

The proposed software solution should be to simplify the protection of large

VMware environments. Allow virtual machines to be restored as new instances,

without needing to overwrite the existing virtual machine. This will allow the

administrator to create a sandbox environment for troubleshooting and to verify

the right backups without committing changes to a live environment. Smart caching

on the backup host, delivering an improvement of more than 20 percent on

VMware backup performance

Storage Networking Support 2 Mark

Proposed software should support storage configurations in SAN, iSCSI (SCSI over

TCP/IP), FCIP (FC over IP) and iFCP (Internet FC Protocol)

Management Platforms 1 Mark

Should have management interface for Windows, Linux and Unix with complete

error logging and reporting functions

Backup Agents / Client Installation Support 1 Mark

Should be able to support a variety of clients/servers running on various OS

Licensing 1 Mark

Capacity Based licensing that supports online backups, advanced backup to disk,

multiple tape drives and libraries

Support and Warranty 1 Mark

Software support 9x5 to be included

Implementation and Training

Onsite implementation and Training to be included

FINANCIAL PROPOSAL:

The Financial Proposal must include all payable taxes


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TERMS OF PAYMENT

To be agreed with the client.


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SECTION IV - TECHNICAL PROPOSAL (TP)

4A. Technical Proposal submission form.

4B. Firms references.

4C. Comments and suggestions of consultants on the Terms of Reference and facilities to beprovided by the Client.

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

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

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

4G. Time schedule for professional personnel.

4H. Activity (work) schedule.


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4A.TECHNICALPROPOSAL SUBMISSION FORM

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

Ladies/Gentlemen:

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

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

1

Proposal sealed under a separate envelope.

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

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

We remain,

Yours sincerely,

Authorized Signature:Name and Title of Signatory:

Name of Firm:Address:


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4B.FIRMSREFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firm/entity,either individually as a corporate entity or as one of the major companies within an association,was legally contracted.

Assignment Name: Country:

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

Name of Client: Noof Staff:

Address: Noof Staff-Months; Duration ofAssignment:

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

Approx. Value of Services (inCurrent US$):

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

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

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Firms Name:


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

OTHER FACILITIES TO BE PROVIDED BY THE CLIENT

On the Terms of Reference:

1.

2.

3.

4.

5.

On other facilities to be provided by the Client:

1.

2.

3.

4.

5.


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4D.DESCRIPTION OF THEMETHODOLOGYAND WORK PLAN FOR PERFORMING THE

ASSIGNMENT


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4E.TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task


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

Proposed Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

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

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

Education:

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

page.]

Employment Record:

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

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

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

appropriate. Use about two pages.]


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Languages:

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

Certification:

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

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

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


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4G. TIMESCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the For

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

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

Signature:(Authorized representative)

Full Name:

Title:

Address:


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5A.FINANCIALPROPOSAL SUBMISSION FORM

[Location, Date]

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

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

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

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

Name and Addressof Agents

Amount andCurrency

Purpose of Commissionor Gratuity

___________________ _________________ _____________________________________ _________________ _____________________________________ _________________ __________________

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

Yours sincerely,

Authorized Signature:Name and Title of Signatory:

Name of Firm:Address:

5B. SUMMARYOF COSTS

Costs Currency(ies)2 Amount(s)

Subtotal

Local Taxes

Total Amount of Financial Proposal


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5. REIMBURSABLESPER ACTIVITY

Activity No:_________________________________ Name:_____________________

No.

Description Unit Quantity Unit PriceIn kshs

Total Amount In kshs

Grand Total

6. MISCELLANEOUSEXPENSES

Activity No._______________________________ Activity Name:____________________________

No. Description

Grand Total

Unit Quantity Unit Price Total Amount


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II. General Conditions of Contract

1. General Provisions

1.1 Definitions Unless the context otherwise requires, the following termswhenever used in this Contract have the following meanings:

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

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

of such signed Contract;

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

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

(f) GC means these General Conditions of Contract;

(g) Government means the Government of the Clientscountry;

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

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

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

(j) Party means the Client or the Consultants, as the case may

be, and Parties means both of them;

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

performance of the Services or any part thereof;

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


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(m) Services means the work to be performed by theConsultants pursuant to this Contract, as described inAppendix A; and

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

provisions of Clauses 3.5 and 4.

1.2 Law Governingthe Contract

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

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

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

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

1.6 AuthorizedRepresentatives

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

Client or the Consultants may be taken or executed by the officialsspecified in the SC.

1.7 Taxes andDuties

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

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

2.1 Effectiveness of

Contract

This Contract shall come into effect on the date the Contract is signed by

both parties and such other later date as may be stated in the SC.

2.2 Commencement ofServices

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

2.3 Expiration ofContract

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


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

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

For the purpose of this clause:

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

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

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

2.6.2 by the

Consultants

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

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

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

2.6.3 Payment

upon

Termination

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

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

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


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3. Obligations of the Consultants

3.1 General The Consultants shall perform the Services and carry out theirobligations with all due diligence, efficiency, and economy, in

accordance with generally accepted professional techniques andpractices, and shall observe sound management practices, andemploy appropriate advanced technology and safe methods. TheConsultants shall always act, in respect of any matter relating tothis Contract or to the Services, as faithful advisers to the Client,and shall at all times support and safeguard the Clientslegitimate interests in any dealings with Sub consultants or third

parties.

3.2 Conflict of

Interests

3.2.1 ConsultantsNot to

Benefit from

Commissions,

Discounts,

etc.

The remuneration of the Consultants pursuant to Clause 6 shallconstitute the Consultants sole remuneration in connection withthis Contract or the Services, and the Consultants shall not acceptfor their own benefit any trade commission, discount, or similar

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

3.2.2 Consultants

and Affiliates

not to be

otherwise

interested in

Project

The Consultants agree that, during the term of this Contract andafter its termination, the Consultants and their affiliates, as wellas any Sub consultant and any of its affiliates, shall bedisqualified from providing goods, works, or services (other thanthe Services and any continuation thereof) for any projectresulting from or closely related to the Services.

3.2.3 Prohibition

of

Conflicting

Activities

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

(a) during the term of this Contract, any business orprofessional activities in the Governments country whichwould conflict with the activities assigned to them underthis Contract; or

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

3.3 Confidentiality The Consultants, their Sub consultants, and the Personnel of


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either of them shall not, either during the term or within two (2)years after the expiration of this Contract, disclose any

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

3.4 Insurance to beTaken Out by theConsultants

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

3.5 ConsultantsActions RequiringClients Prior

Approval

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

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

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

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


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3.6 ReportingObligations

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

3.7 DocumentsPrepared by the

Consultants to Bethe Property of theClient

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

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

4. Consultants Personnel

4.1 Description ofPersonnel

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

4.2 Removal and/orReplacement ofPersonnel

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

equivalent or better qualifications.

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

(c) The Consultants shall have no claim for additional costs

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


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5. Obligations of the Client

5.1 Assistance andExemptions

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

5.2 Change in theApplicable Law

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

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

5.3 Services andFacilities

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

6. Payments to the Consultants

6.1 Lump-SumRemuneration

The Consultants total remuneration shall not exceed the ContractPrice and shall be a fixed lump-sum including all staff costs, Subconsultants costs, printing, communications, travel,accommodation, and the like, and all other costs incurred by the

Consultant in carrying out the Services described in Appendix A.Except as provided in Clause 5.2, the Contract Price may only beincreased above the amounts stated in Clause 6.2 if the Partieshave agreed to additional payments in accordance with Clause2.4.

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

6.3 Payment forAdditionalServices

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

breakdown of the lump-sum price is provided in Appendices D

and E.

6.4 Terms andConditions ofPayment

Payments will be made to the account of the Consultants andaccording to the payment schedule stated in the SC. Unlessotherwise stated in the SC, the first payment shall be madeagainst the provision by the Consultants of a bank guarantee forthe same amount, and shall be valid for the period stated in theSC. Any other payment shall be made after the conditions listedin the SC for such payment have been met, and the Consultants


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have submitted an invoice to the Client specifying the amountdue.

6.5 Interest onDelayedPayments

If the Client has delayed payments beyond fifteen (15) days afterthe due date stated in the SC, interest shall be paid to theConsultants for each day of delay at the rate stated in the SC.

7. Settlement of Disputes

7.1 AmicableSettlement

The Parties shall use their best efforts to settle amicably alldisputes arising out of or in connection with this Contract or itsretention.

7.2 DisputeSettlement

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

settlement in accordance with the provisions specified in the SC.

III. Special Conditions of Contract

Number of GC

Clause

Amendments of, and Supplements to, Clauses in the General

Conditions of Contract

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

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

1.3 The language is English

1.4 The addresses are:

Client: KENYA SCHOOL OF MONETARY STUDIESAttention: PROCUREMENT MANAGER

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

Attention:Address:Facsimile:

1.6 The Authorized Representatives are:

For the Client: IT Manager

For the Consultants:


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1.7

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

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

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

3.4 The risks and coverage shall be:

(ii) Third Party liability Yes

(iii) Employers liability and workers compensation Yes

(iv) Professional liability Yes

(v) Loss or damage to equipment and property Yes

In accordance with the Laws of Kenya.

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

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

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

The interest rate is the Commercial Bank prevailing marketlending rates.

7.2 Any dispute, controversy, or claim arising out of or relating to thiscontract, or the breach, termination, or invalidity thereof, shall be

settled by arbitration in accordance with the Laws of the Republicof Kenya.

SECTION VI - STANDARD CONTRACT FORM


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CONSULANCY/DESIGN

(Lump-sum payments)

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

[Insert Clients name] of [or whose

registered office is situated at] [insert Clientsaddress] (hereinafter called the Client) of the one part AND

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

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

WHEREAS the Client wishes to have the Consultant perform the services [hereinafterreferred to as the Services, and

WHEREAS the Consultant is willing to perform the said Services,

NOW THEREFORE THE PARTIES hereby agree as follows:-1. Services (i) The Consultant shall perform the Services

Specified in Appendix A, Terms of Reference andScope of Service, which is made an integral partOf this Contract.

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

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

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

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

3. Payment A. CeilingFor Services rendered pursuant to Appendix A, the

Client shall pay the Consultant an amount not toExceed [insert amount]. This amountHas been established based on the understandingthat it includes all the Consultants costs and

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

B. Schedule of Payments


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

C. Payment ConditionsPayment shall be made in Kenya Shillings unless

otherwise specified not later than thirty (45) daysfollowing submission by the Consultant ofinvoices in duplicate to the Coordinator designatedin Clause 4 here below. If the Client has delayed

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

4. Project A. CoordinatorAdministration The Client designates Network Administrator

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

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

basis for the payments to be made under paragraph3.

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

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

6. Confidentiality The Consultant shall not, during the term of thisContract and within two years after its expiration

Disclose any proprietary or confidentialInformation relating to the Services, this ContractOr the Clients business or operations without thePrior written consent of the Client.

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

for the Client under the Contract shall belong toand remain the property of the Client. The


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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 ConsultantIn certain and any entity affiliated with the Consultant shall

Activities be disqualified from providing goods, works orservices (other than the Services and anyContinuation thereof) for any project resultingfrom or closely related to the Services.

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

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

prior written consent.

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

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

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

between the parties. Failing agreement to concurin the appointment of an Arbitrator, the Arbitratorshall be appointed by the chairman of theChartered Institute of Arbitrators, Kenya branch,On the request of the applying party.

For the Client for the Consultant.Full name Full name

Title Title

Signature Signature

Date Date


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REQUEST FOR REVIEW FORM

FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO.OF..20...

BETWEEN

.APPLICANT

AND

RESPONDENT (Procuring Entity)

Request for review of the decision of the (Name of the Procuring Entity)of

dated theday of .20.in the matter of Tender

No..of ..20

REQUEST FOR REVIEW

I/We,the above named Applicant(s), of address: Physical

address.Fax NoTel. No..Email , hereby request the

Public Procurement Administrative Review Board to review the whole/part of the above

mentioned decision on the following grounds , namely:-

1.

2.

Etc.

By this memorandum, the Applicant requests the Board for order/orders that: -

1.

2.

Etc

SIGNED . (Applicant)

Dated on.Day of /20

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on

day of ....20.

SIGNED

Board Secretary