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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 ADVERTISING AGENCY TO UNDERTAKE INTEGRATED MARKETING COMMUNICATIONS/PUBLIC RELATIONS
AND ADVERTISING SERVICES
TENDER NO: CA/PROC/RFP/1/2018-2019
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SECTION A:
REQUEST FOR PROPOSALS FOR SELECTION OF ADVERTISING AGENCY TO UNDERTAKE THE INTEGRATED MARKETING COMMUNICATIONS/PUBLIC RELATIONS AND ADVERTISING SERVICES-CA/PROC/RFP/1/2018-2019 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 Integrated Marketing Communication/Public Relations and Advertising Services. The proposed contract period would be for three (3) years from the commencement date of the contract. The Authority by this notice, invites interested applicants to collect the tender documents from the 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 fees of Kshs.1,000.00 The tender documents can also be accessed and downloaded free of charge, from the IFMIS Supplier Portal http://supplier.treasury.go.ke and the Authority’s website: www.ca.go.ke Further, firms who download the tender documents must arrange to forward their particulars /contacts to the Head of Procurement, Communications Authority of Kenya, through the email address: [email protected] before the closing date for records and for purposes of receiving clarifications and /or addendums, if any. Duly completed tender documents, in a plain sealed envelope marked: ‘REQUEST FOR PROPOSALS FOR CONSULTANCY SERVICES FOR SELECTION OF AN ADVERTISING AGENCY TO UNDERTAKE THE INTEGRATED MARKETING COMMUNICATIONS/PUBLIC RELATIONS AND ADVERTISING SERVICES- CA/PROC/RFP/1/2018-2019’’ 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 22nd August , 2018 at 2.30 p.m. 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 strictly be submitted in one envelope containing technical and financial proposals, sealed separately and clearly marked:
• Technical proposal to undertake the Integrated Marketing Communications/Public
Relations and Advertising Services
• Financial proposal to undertake the Integrated Marketing Communications/Public Relations and Advertising Services
Bids will be opened thereafter and bidders who wish to attend the opening may do so on 22nd August, 2018 at 2.30 p.m at CA Centre Ground Floor Meeting Room 2. Note: No bid documents shall be admitted after the closing date and time.
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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 120 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 another envelope, 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 22nd August, 2018 at 2.30 p.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 tender closure, 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 integrated marketing communications including public awareness campaigns; brand management; public relations and reputation management; digital and social media communications management; consumer education activities; market research; corporate publications) The firms must demonstrate that they have delivered similar
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NO. Heading Notes services for other reputable organizations by presenting their client portfolios and reference letters. The bidding firms must demonstrate creative excellence in advertising/integrated marketing communications and in developing and carrying out comprehensive and 360º public awareness and education campaigns
2.3 Company Proposal A proposed methodology by the Bidder on how it intends to undertake this project including the evaluation of (the detailed ToRs are at Section C):
2.4 Staff Qualifications Bidders shall provide CVs and testimonials of at least three (3) 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.
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4.0 Evaluation of Technical Proposals
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 Proposals of qualified bidders at Technical stage 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 attempts by the bidders 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 80/100.
5.0 Evaluation at the Pitch Presentation
NO. Heading Notes 5. 1 Evaluation at the
pitch presentation The Authority shall undertake evaluation of the pitch presentation in accordance with the Evaluation Criteria. The pitch presentation stage score required to qualify to proceed to the financial evaluation stage is 80/100. 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 would 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.
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NO. Heading Notes 6.2 Local Preference While comparing proposal prices between local and foreign
firms participating in a selection process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shall be allowed a 20% preferential bias in proposal prices. However, there shall be no such preference in the technical evaluation of the tenders. Proof of local incorporation and citizenship shall be required before the provisions of this sub-clause are applied. Details of such proof shall be attached by the Consultant in the financial proposal
7.0 Other activities Related to the Tender
NO. Heading Notes 7.1 Award of Contract Upon award of tender to the winning bidder, a Contract will be
entered into between the winning bidder and the Authority based on the general conditions of contract provided in this Tender document.
7.2 Performance Bond
The winning bidder 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 performance bond shall be issued by a reputable bank carrying on business within Kenya and shall be in the form of an On-Demand Bank Guarantee. The Authority reserves the right to reject a performance bond at its discretion. 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. 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 INTEGRATED COMMUNICATIONS/PR& 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. Our Mission
Facilitate the transformation of lives through progressive regulation of the Information and Communication Technology Sector. Vision
Access to and use of Information and Communication services by all in Kenya by 2018. Tagline Opening your world This tagline embodies the impact that continues to have on the Kenyan society by opening more channels for communication, and opportunities for employment, and business. Values
• Integrity • Transparency • Diligence • Results-focus
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• Accountability • Teamwork
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. 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 on 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
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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 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 can carry out its integrated marketing communication needs including creative development, brand management, corporate communication (including issues and crisis management, reputation management and PR), event management, digital and social media management, media monitoring, market research, media buying, consumer education, public awareness, and community relations and corporate advertising. The selected communication agency will be expected to, from time to time, carry out reputation risk assessment/issues management and identify possible threats and challenges and propose appropriate communication strategies to address the identified challenges. NB: The information provided above should be treated with utmost confidence.
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5.0 OVERVIEW OF CA PUBLIC AWARENESS AND CONSUMER EDUCATION 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 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
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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. 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.
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Scope of Work for the Integrated Communications Public Relations and Advertising Agency ACTIVITY DESCRIPTION Creative concept development, Art Direction, copy writing and scripting for different communication platforms
Covering corporate, public awareness and consumer education campaigns
Production of creative concepts Production of the creative advertising concepts for application in diverse platforms as per client brief
Review of Authority’s brand manual 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, reproduction guidelines for printers)
Media strategy including media planning and buying
Developing a media engagement strategy for various issues both domestic and international (where required). Coordinate media relations, buying and placement in electronic, print and online platforms as per client requirements
Media Monitoring Monitoring placement of the Authorities and wider ICT industry content in the print, television, radio and online media
Outdoor Design and placement of all outdoor communication including billboards/wall branding/ambient, etc
Account management Continuous interaction with the Client and facilitation of work from client brief to, implementation, including billing
Corporate Publications Concept development, design and production of various corporate publications on paper and electronic format. These include: newsletters/annual reports/calendars/e-shots/ brochures, corporate stationery design and other Authority publications;
Market research Conduct research on brand perception, dip stick surveys and effectiveness of consumer education and public awareness campaigns
Communication strategy and plan Develop a corporate communication strategy to drive the corporate strategy. In addition, the Agency shall develop PR/Communications strategies and plans for individual initiatives including public awareness and consumer education campaigns/initiatives; Monitor the
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effectiveness of the PR strategy and provide necessary advice
Digital media strategy and plan Develop a digital media strategy for corporate initiatives as well as public awareness and consumer education campaigns/initiatives; Monitor the effectiveness of the digital media strategy and provide necessary advice
Stakeholder Engagement strategy and plan Develop a stakeholder engagement strategy to improve understanding between CA and its stakeholders, achieve transparent decision-making and sustain engagement with stakeholders in the long run. Monitor the effectiveness of the stakeholder engagement strategy and provide necessary advice
Media relations Develop and maintain effective working relations with the local and international media Generate periodic and special press releases/statements for dissemination through relevant media Maintain and update media contacts Coordinate media invitations to press conferences Develop media plans in accordance with the proposed strategy.
Photography and videography Undertake professional photography and videography of various aspects including internal events, corporate public awareness and consumer outreach events.
Reputation risk, crisis management and brand management
Environmental scanning to identify potential reputation risks and providing advice to the Authority on appropriate mitigating strategies to enhance the Authority’s brand/reputation.
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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:
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MANDATORY REQUIREMENTS
1. Compliance with submission requirements (Two (2) hard paper copies of the technical proposal and financial proposal)
2. 1.
Company profile (Company history, contacts i.e email, telephone, postal address, physical address, and services). Also state the County of Operation
3. 2. Attach a copy of a valid Certificate of business incorporation/registration
4. 3.
Attach a copy of a valid tax compliance certificate
5. Attach a copy of a valid PIN certificate 6. Attach copy of a valid Business permit/License 7. 4
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Provide CR12 or a certified list of shareholders/partners and the Directors with their contact details
8. 5. Provide Proof of current corporate membership, in APA, PRSK, MSK or a recognized marketing communications association.
9. 6.
Provide a written self declaration that you are not debarred from participating in Public Procurement by PPRA
10. 7. Information on the Litigation or arbitration history of the company resulting from professional practice over the last ten years. The Authority reserves the right to carry out independent investigation to verify the accuracy of the information so provided.
11. 8. 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)
12. 9. Bidders are required to serialize the tender document (technical submission documents) in a format of 0001…..upto the last page as provided for in the PPADA Act 2015 section 74 (i)
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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 at the mandatory stage will proceed to the technical capacity evaluation stage. b. Technical Capacity Evaluation
Technical evaluation for firms that qualify at the preliminary/mandatory evaluation stage shall be carried out of 100 marks with a pass mark of 80. The firms shall be evaluated on a scoring matrix as shown below:
NO CRITERIA Sub-totals Max scores
1. Relevant Experience for the Assignment (Corporate)
a
General experience and understanding of the assignment by the agency firm. Provide details of three (3) case studies of similar scope of assignments done in the past three years (between July 2015 – July 2018). Provide samples of creative work and designs of assignments previously done, including branding, social and PR campaigns, social media management assignments, both local and international. 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.
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similar size and complexity. Experience in the ICT industry will be an added advantage. Provide recommendation letters from the five (5) clients provided in (a) above including proof of experience and performance reports for each of the jobs done two(2) of which MUST be from public sector organizations in Kenya. This should be within the last three years (between July 2015 – July 2018). Consideration will be made for broad experience in each of the communication function areas including: creative concept development and execution; PR and media relations; digital media management; CSR/community relations management and stakeholder engagement The submission should have further proof of network with other regional/international agencies including the works executed with the mentioned agency (s) at
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NO CRITERIA Sub-totals Max scores
regional or international level. This should include proof of network with organizations/staff within counties
c Provide documentary evidence for the successful management of community relations/corporate social responsibility engagement campaigns carried out in the last three years (between July 2015 – July 2018).
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d Provide documentary evidence for the successful management of stakeholder engagements in the last three years (between July 2015 – July 2018).
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e Provide documentary evidence of good track record in creative concepts, brand management and PR programmes, 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 tenderer should demonstrate the ability to develop, strategize and plan for elaborate integrated marketing communications programmes. The framework should include proposed strategies for the Authority’s communications 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 CA
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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 Leader: Should be a competent and qualified
individual possessing knowledge and at least 7 years’ experience in general management in the media/PR/advertising industry including creative work and a minimum academic/technical qualification of university degree. The team leader must be a member of a professional association e.g. PRSK, MSK, or any other recognized
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NO CRITERIA Sub-totals Max scores
PR/Marketing Association. Proof of current membership must be provided. The team leader should have overseen at least three similar assignments of equal or larger magnitude prior to this submission.
30 b Other key staff: Client service individuals that have
requisite qualifications with at least five years’ experience in the advertising industry. Other team members required with requisite experience of not less than five years in include; creative director, digital and social media manager, copy writer, PR practitioner, event planner, media planner/buyer, brand management specialist. The firm may propose experts with skills not included here above, but are relevant to assignment The staff should have proof of membership in professional associations, e.g. PRSK, MSK, CIPR
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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 contracts with media houses and current reference letters from the respective media houses.
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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 audited accounts for the last 3
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NO CRITERIA Sub-totals Max scores
financial years. Relevant evidence should be reflected in audited Accounts submitted for the said period.)
GRAND TOTAL 100 Bidders that score 80 points and above in the technical evaluation shall be invited for the second stage of evaluation, which will be a pitch presentation. c. 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 seven (7) days from date of opening.
i. Brief for pitch presentation: Positioning CA through a Corporate Brand Campaign 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. In fulfilling its mandate, the Authority has recently undertaken a number of initiatives. These include: 1. Provision of Internet connectivity to 896 secondary schools with target to cover all secondary schools in Kenya 2. Business process re-engineering and automation at CA 3. Consumer empowerment through campaigns and awareness programmes: Kikao Kikuu forums; Child Online Protection campaign 4. Installation of a National Cybersecurity Centre at CA 5. Acquisition of new regulatory monitoring tools with better capabilities including Spectrum Management and Monitoring System; Quality of Service Monitoring System; Broadcast Logger It will be recalled that the Authority carried out a rebrand campaign in 2014 following the review of the ICT sector law with a view to aligning it with the Constitution of Kenya, 2010. The revised ICT sector law changed the name of the organization from the Communications Commission of Kenya (CCK) to CA. While the campaign was very successful in creating public
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awareness on the name change, past perception surveys revealed that a number of respondents were still unaware of the change from a Commission to an Authority. Other respondents referred to CA as CAK. To address this brand confusion, the Authority is planning to carry out a corporate brand awareness campaign in the 2018/19 financial year. The campaign is aimed at:
• Enhancing top-of-mind public awareness on the CA brand • Promoting public awareness on CA’s regulatory mandate • Promoting public confidence and favourable perception of the CA Brand.
It is important to note that CA is expected to mark its 20th anniversary in July 2019. The corporate brand awareness campaign shall serve as precursor to the 20th Anniversary celebrations. In the pitch proposals bidders are expected to:
• Present a proposal for a brand awareness campaign to meet the afore-cited objectives. The campaign targets all CA’s stakeholders (as identified above) 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 communication plan that shows how to engage stakeholders through various mechanisms and channel 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 perception, 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 40
2. Effective use (including cost) of integrated marketing communications tools, including PR services 20
3. Suitability and applicability of proposed work plan, and methodology 5
4. List of outputs of the marketing/communication and PR services 5
5. 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)
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NO CRITERIA Max scores 5
6. Incorporation of associated concerns in the campaign including Treatment accorded to the negative perception of CA
20
7. Overall presentation 5 GRAND TOTAL 100
Bidders that score 80 points and above in the pitch presentation shall be evaluated at the financial stage.
iii) Financial Evaluation 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. The lowest evaluated bidder in comparison with other bidders will be awarded the contract for a period of 3 years. Note: Bidders are required to provide a rate card in the format provided for all the items requested for as outlined in this document.
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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:]
(ii). FIRM’S REFERENCES FORM
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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.
4.
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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: __________________________________________
Detailed Tasks Assigned: _______________________________________________________
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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
A. INTEGRATED COMMUNICATIONS AND ADVERTISING AGENCY SERVICES PRICE SECHDULE FORM (RATE CARD) (I) PUBLIC RELATIONS The Client shall approach the Agency with requests for PR work from time to time. The works shall encompass the following items; ITEM DESCRIPTION OUTPUT UNIT/JOB
COST –KSHS INCLUSIVE OF TAXES
Press Releases/ statements
Develop press releases/ statements for dissemination to the media.
Well written, edited and proof-read document as and when required
Press conference Media invitations Media management at press conference
Media presence Report of coverage
Photography Professional photo-shoots for various purposes (cost should reflect professional fees per hour/half day/day)
High quality images saved on DVD and printed as per client brief
Event photography (cost should reflect professional fees per hour/half day/day)
High quality images saved on DVD and printed as per client brief
Image hire from Agency database
High quality images saved on DVD and printed as per client brief
Image hire from third party database
High quality images saved on DVD and printed as per client brief
Audio Recording Professional audio recording as per brief (cost should reflect professional fees per hour/half day/day)
High quality audio recordings properly stored for longevity Raw footage Edited footage
Editing
Videography Professional videos as per brief (cost should reflect professional fees
High quality videos properly stored for longevity Raw footage
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per hour/half day/day) Edited footage
Editing
Corporate communications strategy
Development of a corporate communications strategy to drive the corporate strategy
A comprehensive 5-year corporate communications strategy that is aligned with the Authority’s 5-year corporate strategy
Corporate annual PR Plan
Development of an annual PR strategy for the Authority as per brief
Well researched and appropriate annual corporate PR plan, that is aligned with the 5-year corporate communications strategy with built in performance indicators and how the PR plan shall be evaluated
Annual stakeholder engagement strategy
Development of an annual stakeholder engagement strategy for the Authority as per brief
Well researched and appropriate Stakeholder engagement strategy, which in line with the Stakeholder Engagement Framework, and the corporate communications strategy with built in performance indicators and how the strategy shall be evaluated
Crisis Communications Plan
Development of a corporate crisis communications plan
A crisis communications plan outlining the roles, responsibilities, and protocols that will guide the Authority in anticipating and responding to emergencies or crises. It should be aligned with the business continuity framework of the Authority
Corporate Social Responsibility (CSR) and sustainability Policy and Strategy
Development of a CSR and Sustainability Policy and Strategy
A CSR and Sustainability Policy and Plan that are aligned with the 5-year corporate communications strategy
Project based PR Plan Development of a PR strategy as per client brief
Well researched and appropriate PR plan for a specific project, built in performance indicators and how the PR plan shall be evaluated
Media buy Client pays as per rate cards of various media houses.
Purchase of space as per client brief.
Public notices, tenders and other corporate
Basic layout and design of tenders and notices. Note
Cost per desktop publishing for each basic advert.
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notices that this has very little creative input.
Public notices and education materials for consumer education campaigns e.g. advertorials/strip ads
Creative design and artwork of advertorials and press ads.
Cost per desktop publishing for each advert.
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. Creative copy writing for electronic media
Creative copy writing Cost per 60 seconds electronic media 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
Still Photography Very high quality, high resolution photograph
To take photos for high quality corporate needs including calendars, annual reports, portraits, posters/banners etc.
Cost per hour including all necessary props and lighting
Ordinary photography; e.g. for portraits, passport pictures
Everyday kind of photography for corporate events, etc.
Cost per hour
Video/film production (include location, cast and casting, crew, sound and camera and equipment)
Professional video services
To do video filming as per client brief
Cost per hour
Professional film services
To take film as per client brief
Cost per hour
Video editing to final product
Studio editing per production
Cost per hour
Film editing to final product
Studio editing per production
Cost per hour
Creative concepts Concept and art direction Conceptualize and direct Cost per hour
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productions as per client brief
Copy writing Creative copy writing for print advertising
Cost per advert
Copy writing for TV informercials/documentaries
Creative writing for informercials/documentaries
Cost per 1000 words
Document Editing, Proof Reading & Translations
Script translation (English. To Kiswahili)
Long script translation; e.g. for annual report, service charter
Copy per A4 page (12 points, Times Roman font, single spacing)
Professional document editing
Long copy script editing Editing per A4 page (12 points, times Roman font, single space)
Professional proof reading
Long copy proof-reading Proof reading per A4 page (12 points, times Roman font, single space)
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
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
NOTE: Model rights extension will be as per the prevailing industry standard.
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 Transportation Road transport Transport used by agency
in carrying out client duties; not more than 1800 cc unless agreed in advance
Reimbursement at prevailing AA rates. Indicate percentage charge over and above prevailing AA rates.
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with client Air transport Air travel in course of
carrying out client duties. Reimbursement as per ticket cost as pre-arranged with client. Indicate percentage charge over and above ticket cost.
Night Out costs per person
Cost for travel out of town per person per night by agency staff in carrying out client duties
II) RESEARCH/ SURVEYS The Authority will from time to time require the Agency to carry out research on various issues in the industry. The research will take on various formats, in various geographic areas and shall be carried out over differing periods of time. In this rate card, the Agency is expected to provide costs for basis carrying out research on PER-DAY BASIS. It should include cost of hiring venues for such discussions and provision of associated resources for the discussions ITEM DESCRIPT
ION OUTPUT COST
(Nairobi) COST (Other urban towns)
COST (Rural Areas)
Focus Group Discussions
FGDs and analysis of up to 20 people on various topics as per client brief
-FGD Guidelines -Population Sample -Recording of the FGD -Report from the FGD
Interviews Carry out interviews as per client brief
-Development of Interview guides/instruments -Recording of the interviews -Report from the interviews
Questionnaires Administer questionnaires as per client brief
-Sample questionnaire -Population Sample -Report from the FGD
Dip Stick survey Carryout representative dip stick survey as per client brief
-Survey tool -Population sample -Report from survey
(ii) Research within Nairobi
Research within Nairobi Include all costs for research per 100
Cost per per 100 respondents research
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respondents within Nairobi region (radius 50 km)
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)
Researchers To carry out research in locations outside Nairobi
Researcher nightout Nightout for researcher in locations outside Nairobi
Research supervisor To supervise researcher in locations outside Nairobi
Supervisor nightout Nightout for researcher in locations outside Nairobi
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III) MEDIA BUYING The Agency will be required to purchase space in various media. Placement will be dependent on the message to be sent out and on audience research findings on most appropriate media. The Agency is expected to quote the best rate/with due consideration of discounts extended from bulk purchases through the agency. MEDIA PLATFROM
DESCRIPTION OUTPUT DISCOUNT RATE (Show % of discount)
Print Media Placing messages in local and international newspapers, magazines and other relevant publications
Full colour ; ¼ page, ½ page, full page, back page and inner from cover page (also for magazines). All costs should be itemized according to print medium and size of the placement. (Use separate table to provide this information, which must be specific to the medium). The applicable discount rate should also be clearly stated in the submission.
Electronic Media Buying airtime in local all TV and Radio stations including those on the digital platform
Spots and airtime purchase for adverts and documentaries. All costs should be itemized according to electronic medium and duration of the placement. (Use separate table to provide this information, which must be specific to the medium). The applicable discount rate should also be clearly stated in the submission.
Online Media -Strategic placement in most appropriate media -Buying space on high traffic websites, blogs as well as on popular social media
Purchase of space for adverts on online platforms. All costs should be itemized according to the platform, location, presence, size 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.
Mobile platform Strategic use of mobile platform to communicate to Authority’s audiences
Development of a CRM platform that shall facilitate dissemination of messages
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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.
IV) CREATIVE SERVICES The Agency will be expected to give creative direction in the most effective way to put through messages. This shall include creative direction in corporate publications, adverts, documentaries, public awareness campaigns, consumer outreach activities, events among others. This will be carried out in line with the client brief. ITEM DESCRIPTION OUTPUT COST –KSHS
INCLUSIVE TAXES
Creative copy writing Creative copy writing for: -TV commercials -Radio commercials -Print adverts -Corporate Publications -Branding of events - Documentaries - Digital assets
Creative copy writing for various activities on different medium. Prices should include all associated costs (Use separate table to provide this information which must be specific).
Creative concept development
-Development of creative designs and layouts -Provision of illustrations as per client brief -Creative concepts for proposed activities
Creative concepts for various activities on different medium. All prices should include all associated costs with creative development, but not limited to concept development, art direction and DTP time. (Use separate table to provide this information, which must be specific). The applicable rate of the placements should also be clearly stated in the submission.
V) PRODUCTION AND PRINTING The Authority will from time to time require the Agency to print Annual Report and Strategic plan, - proof reading ITEM SPECIFICATIONS QUANTITY UNIT COST-
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KSHS INCLUSIVE OF TAXES
Proof reading Proof reading of documents A4 page, Times New Roman font 12
Annual Report
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 varnish Binding: Tread sewn perfect binding
300
500
700
1000
Digital Media Management Product Description Hours/Duration Cost per hour-
Kshs Inclusive of taxes
Website design and development
Fresh design of a new website with all practical functionalities
Four months
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.
Four months
Maintenance to incorporate major changes on the website. E.g. additional screens, information/graphics, redesign etc.
Annual
Regular maintenance with updates of new material
Annual
Facebook and Twitter Application design and development
Conceptualize, develop and implement relevant banners the Authority’s social media assets in line with the client branding guidelines
Two months
Annual digital communication strategy
Development of an annual digital communication strategy for the Authority as per brief
Well researched and appropriate digital communication strategy with built-in performance
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indicators and how the strategy shall be evaluated
Project based digital communication plan
Development of a digital communication strategy for specific projects as per client brief
Well researched and appropriate digital communication plan for a specific project, built in performance indicators and how the PR plan shall be evaluate
Project based engagement of online bloggers
Engagement of bloggers for specified projects as per client brief ( quote should be based on month-to-month basis)
Carefully selected and relevant bloggers for specific issues as briefed, communication plan and indicators of performance of the bloggers
Content and social media management
Management, content development and management of content
Annual
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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 Subconsultant 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
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2.1 Effectiveness of This Contract shall come into effect on the date the 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
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and exemptions as may be necessary for due performance of this Contract.
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
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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 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.
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____________________________2018 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 _______________ 2018. Signature and seal of the Guarantors _________________________________________________________________________ [name of bank] _________________________________________________________________________ [address] ________________________________________________________________________ [date]
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Appendix III 3. CONTRACT FORM THIS AGREEMENT made the _________________ day of ______________ 2018 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 )
