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REQUEST FOR PROPOSAL (RFP)

TENDER TITLE: Time and Traffic Surveys at the One Stop Border Posts (OSBPs)

TENDER NUMBER: PRQ20140561

ISSUE DATE: 03 November 2014

DUE DATE: 24 November 2014 (5.00 P.M. KENYA TIME)

REQUEST FOR PROPOSAL

Formative Evaluation of the Standards Harmonization and Conformity Testing Programme

INVITATION TO TENDER INSTRUCTIONSCONTENTS

Introduction

1.General 2.Acceptance of Tenders

Instructions for Submitting a Tender3. Forma t of Your Tender 4. Part A Preliminary requirements 5. Part B Executive Summary 6. Part C General & Technical Aspects 7. Part D Commercial Tender 8. Confirmation of availability 9. Government Tax 10.Evaluation Criteria & Process 11.Technical Evaluation 12.Financial Evaluation 13.Packaging and Delivery of Tenders

Other Information14. Terms of Reference 15. Conflict of Interest 16. Disclosures 17. Joint Venture Tenders 18. TMEA’s Treatment of Your Tender 19. Sustainable Development

Annexes20. Annex 1: Pro-Formas 21. Annex 2: Contract 22. Annex 3: Technical Bid Submission Form 23. Annex 4: Fair Price Declaration 24. Annex 5: TMEA Code of Ethics 25. Annex 6: Financial Bid Submission Form

Introduction 1. This Request for Proposal (RFP) and in particular the Instructions for Compiling and Submitting

Your Tender are designed to help you produce a tender that is acceptable to TMEA as well as ensuring that tenders are given equal consideration. TMEA will select the most economically advantageous tender. It is essential, therefore, that you provide the information requested in the specific format and no other.

2. TMEA is not bound to accept the lowest, or any, tender. We also reserve the right to request any, or all, to clarify the bids submitted.

Instructions for Compiling and Submitting your Tender3. Format of Your TenderYour tender should be submitted in English and be set out in four (4) main parts

Part A – Preliminary requirement Part B - Executive Summary Part C - General and Technical Part D – Financial

4. Part A Preliminary requirementsBidders are required to submit certified scanned copies of statutory requirements which MUST include:

Copy of Certificate of Registration/Incorporation; Tax Compliance Certificate from your Revenue Authority; Copy of passport/ Identification Card (if individual vendor); and Copy of VAT/ TIN/ PIN/ Social Security Certificate.

Failure to submit the above requirements may lead to disqualification.

Parts A, B & C may be contained in one document including signed Technical Bid Submission Form (Annex 3), signed Fair Price Declaration (Annex 4) and signed TMEA code of Ethics (Annex 5); however, Part D alongside Financial Bid Submission Form (Annex 6) must be separate to enable Technical and Financial bids to be evaluated independently. Please do not include any financial/ price information in Part A, B or C. Inclusion of any price information may lead to bid rejection.

5. Part B – Executive SummaryThis should be a brief overview of your tender covering how you intend to achieve the outputs and your assessment of the resources required.

6. Part C – General and Technical TenderYour Technical submission should contain the following;

a) Any Qualification to Terms of Reference including scanned copies of relevant certificates.b) Technical Response (including method of implementation and your proposed quality

assurance mechanisms).c) Your CV with information relevant to this project to support (a) above.

d) Personnel Inputs – include person days without any reference to fees.e) Previous relevant Experience.

7. Part D – Financial TenderAll prices must be for the duration of the contract. Your Financial bid should contain the following information:

Signed and stamped Financial Bid Submission Form (Annex 6); Confirmation of acceptance of TMEA’s Conditions of Contract without amendments (available

on TMEA website under work with us link button & specifically Supplier resources and information);

Pricing details using the enclosed pro-formas. Besides completing proforma 1, bidders must complete proformas 2, 3 and 4 on a fees and expenses basis to demonstrate the cost breakdown of the milestone payments. Innovation is encouraged in the development and pricing of technical and commercial proposals; and

A list of the names and designation of all nominated personnel proposed to work on this project. NOTE: TMEA shall determine, on a case by case basis, whether the contract will be based on fees/ reimbursable or on milestone.

8. Confirmation of availabilityYou must confirm that you will be available to provide the required services for the duration of the contract.

9. Government Tax Bidders are responsible for establishing the status of the Services for the purpose of any government tax in any East African country. All fee rates proposed by the tenderer should be inclusive of all taxes applicable. The contract shall be domiciled in Kenya and Government of Kenya tax laws shall apply.

10. Evaluation Criteria and Process In assessing the proposals submitted, the evaluation committee will use the Quality and Cost Based Selection (QCBS) selection as per 11 below.

11. Technical evaluationA. Technical submission evaluationThe Technical evaluation will be based on a point - system marked out of a maximum of 70 points. Only proposals that score at least 50 points in this Technical evaluation will be deemed to be “substantially responsive”. Marks will be awarded according to the following matrix:

NO DESCRIPTION Max score (70)

A. Qualification and competence of Consultants

1 Experience/ Expertise in relevant field 10

2 Qualification of consultants 5

NO DESCRIPTION Max score (70)

3 Similar work carried out and supervised in EAC 10

4 Evidence of meeting specific requirements in the TORS 10

B. Technical approach (35)

1 Understanding of assignment objectives 10

2 Adequacy of proposed methodology/work plan 10

3 Logic, sequencing, interrelation of activities 5

4 Evidence of capacity to undertake work in terms with TOR and quality assurance

10

TOTAL SCORE 70

If deemed necessary, the top three bidders from the Technical evaluations shall be invited to make presentations to the evaluation committee.

12. Financial Evaluation All substantially responsive proposals that score 50 points or more from the Technical submission evaluation shall have their Financial proposals evaluated. The formula for determining the Financial score (SF) shall be as follows:

Sf = 30 x fm/f where:

Sf is the financial score

Fm is the lowest fees quoted and

F is the fees of the proposal under consideration.

The lowest fees quoted will be allocated the maximum score of 30%.

The bidder’s proposals will be ranked according to their combined Technical score (st) and financial score (sf) and weighted accordingly. The formula for the combined scores shall be as follows;

S = ST x T% + SF x P%

Where:

S, is the total combined scores of Technical and financial scores

St is the Technical score

Sf is the Financial score

T is the weight given to the Technical proposal (in this case 70%) andP is the weight given to the Financial proposal (in this case 30%)

Note P + T will be equal to 100%.

13. Packaging and Delivery of TendersAll tender documents must be submitted online on the TMEA procurement portal http://procurement.trademarkea.com on or before 24 November 2014 (by 5.00 p.m. Kenya time). The Technical and Financial proposal will be submitted as two separate secure documents in PDF format. Please note that the maximum size of the attachments is 10MB.

Late tenders will not be accepted in any circumstance. No special pleadings will be accepted. Faxed, email or hard copy tenders/ submissions shall be rejected.

14. Terms of Reference

TERMS OF REFERENCE TO UNDERTAKE TIME AND TRAFFIC SURVEYS AT OSBPS FOLLOWING COMPLETION OF CONSTRUCTION

1. BACKGROUNDTradeMark East Africa (TMEA) is an East African not-for profit organisation1 established to support the growth of trade - both regional and international - in East Africa2. TMEA is focused on ensuring gains from trade result in tangible gains for East Africans, in line with the EAC’s Development Strategy. Increased trade contributes to increased economic growth and subsequently reduced poverty. TMEA is supporting a number of initiatives to achieve its strategic objective of Increased Physical Access to Markets and the outcomes of Increased Trade and, ultimately, poverty eradication. Among these initiatives are establishment of One-stop Border Posts (OSBPs), which will improve border post infrastructure and facilities, and the efficiency of border agencies.

Prolonged waiting times at border posts, which are a major contributor to high transport costs, can be attributed to inadequate border infrastructure, insufficient quality and quantity of technical equipment and materials, poor border design, complicated procedures focused on centralized control, and multiple border organizations working in isolation. The OSBP model aims at reducing the duplication caused by dealing with two identical set of agencies by having juxtaposed facilities for authorities on either side, with each juxtaposed facility handling traffic going only in one direction on either side of the border. It combines two stops into one and consolidates functions in a shared work space for exiting one country and entering another to reduce travel time for passenger and freight vehicles. This therefore entails that all clearance is done in the importing country starting with exit formalities and then followed by entry formalities.

At the various border posts that TMEA is supporting (namely Mutukula (TZ/UG), Busia (KE/UG), Holili/Taveta(TZ/KE),Kabanga/Kobero(TZ/Burundi),MiramaHills/Kagitumba(UG/RW)and Elegu/Nimule (UG/South Sudan), TMEA’s immediate target is a 30 per cent reduction in the time it will take a truck to cross the border. Time and traffic surveys have been undertaken previously to establish the baseline crossing times. Changes in traffic and border crossing times after the completion of construction will be assessed against the established baselines through follow on time and traffic surveys which form the basis of these Terms of Reference. The time and traffic survey findings will feed into an overall planned impact evaluation of OSBPs as part of the TMEA region wide evaluation of corridor performance.

2. PURPOSEConstruction of the OSBPs is soon coming to completion on a staggered time schedule, and accordingly a timeline for measuring impacts of changes made at the OSBPs has since been developed (refer to Annex 1). Baseline surveys were undertaken before the start of the construction of each

1 TMEA is established as a company limited by guarantee with its registered head office in Kenya, with branches in Burundi, Rwanda, South Sudan, Tanzania and Uganda.2 Our areas of operations are the EAC partner states: Burundi, Kenya, Rwanda, Tanzania and Uganda, with new operations in South Sudan, which is seeking accession to the EAC.

border post, and time and traffic surveys are planned to be undertaken on a consistent basis four to six months after completion of construction and commencement of One Stop controls at each border post. The traffic survey will be repeated six months later after the initial survey is undertaken. Surveys will be undertaken for a period of seven days, including day and night-time traffic, and provide an estimate of average time for border crossing time and traffic (either specific types of trucks, or all trucks) on a consistent basis for each border.

It is also planned that a User Satisfaction Survey of the new facilities is undertaken at the same time.The surveys will be staggered over a period of time according to the developed timelines. This will provide TMEA and relevant stakeholders with data to show any changes brought about by the operationalization of the OSBPs.

3. RECIPIENTThe primary recipient for the findings of the Time and Traffic surveys is Trade Mark East Africa.Key recipients of the Time and Traffic survey’s findings include:

TMEA donors, who are represented on the Programme Investment Committee (PIC); National Oversight Committee (NOC) members (including government, private sector, civil

society and donor representatives at the national level); Staff involved in oversight and implementation of OSBPs; Implementing partners at regional and national level; and Ultimate beneficiaries (producers, transporters, clearing and forwarding agents, consumers) of

TMEA’s programme support.

4. SCOPE OF WORK 4.1 Time survey i) Objective of the Total Time Survey:The purpose of the assignment is to conduct a time survey of for trucks at the selected border-crossings to determine total crossing time at the One Stop Border Posts. These findings will be compared to the baseline border crossing times that were earlier determined.

ii) Scope of the Survey:In the exit country (the country which the transporter is leaving via the border crossing), the survey will determine whether vehicles are required to stop for any official or quasi-official purpose. In an operational OSBP, no such stoppage should take place, and the survey will determine whether this is the case. If there is evidence of such stoppage, the survey is to identify the purpose and the start and end points, and measure the total time spent by trucks from start point to end point.

In the entry country (the country which the transporter is entering via the border crossing), the survey will trace and track total time between the moment a truck joins the queue/parking lot of the OSBP until it leaves the exit gate of the OSBP having completed all relevant customs and other processing.

iii) Methodology:

The manual queue time survey will be done over a period of 7 days, for 12 hours daily (corresponding to the operational hours for the border) typically on a non-holiday week. A total of 8 surveys are expected to be undertaken between December 2014 and March 20183.Revenue authority statistics will be applied to calculate coefficients for low or high traffic figures that could be as result of particular seasons for instance the last three months before the end of year festivities and the first two months at the beginning of the year. Data collection will be carried out as per the schematics below (using a case study on Holili TZ/Taveta KE):

The contracted consultant is expected to undertake the counts on both sides of the borders. The consultant will be responsible for validation of the collected data. The consultant should consider opportunities to adjust data collection to optimise it across other TMEA evaluation work. Methodology should remain the same for all borders

4.2 Part B: Traffic survey i) Objectives and Scope of the Survey:The purpose of the traffic survey is to determine current traffic flow across the OSBP. The survey will seek to capture data on border traffic volumes and composition by types of goods (containers, petroleum products and break-bulk cargo or non-containerized) and categories. In addition, this component will seek to obtain information on origin/destination of selected commercial traffic (Coaches, Coasters and all truck categories). The survey shall seek to determine the current traffic flow and traffic counts of the One Stop Border crossing. More specifically the consultant shall obtain statistics on:-

Day time traffic by category of vehicles; Average day time traffic by category of vehicles; Night traffic by category of vehicles; Average night time traffic by vehicle category;

3 Subject to confirmation and/revision based on overall TMEA project span and construction completion timelines as provided in Annex 1

Average Daily Traffic (by category); Total Volume of traffic for the survey week; and Origin/Destinations for the selected commercial traffic Coaches, Coasters and all truck

categories).

ii) MethodologyManual classified traffic counts and origin/destination interviews are conducted at each border crossing over a period of 7 days, 12 hours typically on a non-holiday week. Night counts shall be carried out in order to obtain 24 hour counts. The night counts shall be performed on one week night and one weekend night. A total of 8 surveys are expected to be undertaken between January 2015 and March 20184. Revenue authority statistics will be applied to calculate coefficients for low or high traffic figures that could be as result of particular seasons for instance the last three months before the end of year festivities and the first two months at the beginning of the year. The contracted consultant is expected to undertake the counts on both sides of the borders. The consultant will be responsible for validation of data collected.

4.3 Vehicle CategorisationFor purposes of this survey, Vehicle categories will be as specified in the table below:

Vehicle Category DescriptionContainer Trucks:Header Trailers All trucks transporting removable containers (20ft and 40ft).Fuel Tankers All commercial fuel transporting vehiclesLight truck Pickups, lorries and small trucks carrying goods of capacity up

to 8TMedium truck Trucks with equivalent carrying capacity from 8T up to 15TBreak Bulk All other trucks larger than medium trucksBuses:Coach All commercial buses transporting 45 or more passengersCoaster All commercial buses transporting max 30 passengersMinibus All commercial buses transporting max 14 passengersPassenger vehicles:Saloon/Sedan/Mini-van

Small passenger vehicles of capacity up to 7 passengers

4WD’s Large passenger vehiclesPick-ups Passenger pickups – Not carrying goods

4.4 User Satisfaction SurveyIn preparation of this assignment to be carried out concurrently with the Time and Traffic surveys, TMEA has prepared a guiding draft survey questionnaire (annex 2). It is expected that the Evaluators will review the draft, suggest any improvements to TMEA and test it prior to data collection. It is

4 Subject to confirmation and/revision based on overall TMEA project span and construction completion timelines.

expected that information will be collected over a period of one week from an agreed sample of the following key stakeholders in relation to their user satisfaction after construction of the OSBP: borders agencies, the clearing agents, informal traders, truck drivers, travellers and the general business community. The evaluators are expected to develop a sampling strategy, or options including advantages and disadvantages, for discussion and agreement with TMEA. Collected information will be in relation to procedures, facilities (infrastructure, layout) and overall general improvements made at the OSBP.

5. EXPECTED DELIVERABLESThe Evaluation team is expected to provide the following deliverables (for each time and traffic survey conducted):

A detailed inception report with a work plan and draft data collection tools two weeks after signing the contract. The detailed inception report should comprehensively demonstrate the technical approach (data collection and analysis methods among others);

A 1st draft Time and Traffic survey report submitted to TMEA for review and input; A 2nd draft Time and Traffic survey report that will be presented to the Joint Evaluation Group

committee, TMEA Senior Management and Leadership Teams, Project and senior management team for review and validation; and

A final report that will be presented to the various National Oversight Committees and the TMEA Programme Investment Committee (PIC) for adoption. The final report will be a written report (Ms Word) with an executive summary.

The Time and Traffic Survey reports shall be written in English, be of no more than 20 pages (excluding annexes), use numbered paragraphs and should be structured into 3 sections; the first part will consist of the Introduction/Background; the second part will provide the survey results and the user satisfaction survey findings and the third part will focus on the conclusions. Annexes will provide detailed information collected during the surveys (data collection summaries, summaries of interview sheets, summaries of responses to questionnaires)..

6. COMMENCEMENT AND PERIOD OF EXECUTIONThe assignment is expected to commence in January 2015, for the first survey and will be spread out to the coming year as construction of more OSBPs comes to completion. (Refer to tentative timeline for surveys attached as Annex 1).

6.1 Required Level of effortOne traffic survey specialist, supported by 2 supervisors and 10 traffic survey assistants (locally recruited) will be required for this work. The assignment will be output based and will require not more than 30 person-days of the traffic survey specialist’s time.

The traffic survey specialist will be responsible for general oversight of the assignment including quality assurance of study results, identification, training and managing of all support staff, and

reporting as per agreed reporting schedule. TMEA will collaborate with the consultant to guide the process.

6.2 Assignment Timeframe Activity Man daysPreparation of Survey 3 daysTravelling to site and recruiting/training survey assistants 2 daysReconnaissance, recruiting/training survey assistants 3 daysConducting Survey 7 daysTravelling back 2 daysData analysis and reporting - Draft report 4 daysDiscussion and input to draft report by TMEA 4 daysFinalizing final report 2 daysTotal number of days 27 days

The time frame proposed above will be for each particular border post. Bidders will be requested to provide a clear response whether the proposed indicative timeframe will be best suited for the proposed scope of work.

7. BUDGETThe total budget for each Time and Traffic Survey will not exceed US $ 25,000.

8. TEAM COMPOSITION AND REQUIRED COMPETENCIESThe selected Bidder (s) should combine the following expertise and experience:

Experience of designing and undertaking evaluations of multi-component development programmes, using mixed methods approaches that meet recognised standards for credibility and rigor; Education qualification of at least a Master’s Degree(Team Leader) and Bachelor’s Degree(Team members) in Development Studies, Economics or relevant Social Sciences; A Traffic survey specialist is highly desirable as part of the bidding team;

Technical content (such as regional integration, trade facilitation, ICT) experience and skills; The bidder will have to demonstrate at least over seven years ’s skills and experience in participatory review/evaluation of development programmes relating to private sector development;

In-depth knowledge of trade issues, particularly in East Africa, and experience of working on evaluations of trade policies and programmes;

Demonstrated understanding of border and traffic operations preferably in the EAC Region; Strong stakeholder management skills and ability to work flexibly with donors, partner

countries, private sector entities; demonstrated ability to manage and sensitive relationships tactfully and productively; and

Strong communication skills: Being strategic as well as able to communicate complex studies and findings in an accessible way for non-technical people.

9. IMPLEMENTATION ARRANGEMENTSThe Evaluator will be responsible for all logistic arrangements required to conduct the Time and Traffic Surveys. TMEA will facilitate convening of meetings and site visits where necessary. All relevant expenses should be covered by the evaluation contract budget. The evaluation consultant will report to TMEA Results Director, who will manage day to day contractual and organisational issues with the evaluation team, monitor implementation progress, and provide progress updates to the Joint Evaluation Group (JEG)5. The evaluation consultant will work closely with the TMEA OSBP regional and national teams, Strategic Objective Team Leader, and relevant partner staff.

Governance and quality assurance may be further strengthened by 2 to 3 peer reviewers. The role of the peer reviewers is to review the scientific and technical quality of the independent evaluation; to ensure that the design and implementation of the evaluation is robust and credible, and will stand up to external scrutiny. Peer reviewers inputs will be coordinated by the Results Director.The Time and Traffic Survey reports will be presented to the JEG and subsequently to the TMEA programme Investment Committee (PIC) for review, quality assurance, acceptance and final sign off.

Annexes: Annex 1: Timelines for Time and Traffic Surveys; Annex 2: Questionnaire, User Satisfaction Survey; and Annex 3: List of documents to be reviewed which will be shared with the selected consultant

after conclusion of the contracting process.

Annex 1: Timelines for Time and Traffic Surveys6

5 The JEG is an advisory sub-committee of the PIC, TMEA’s oversight body. Joint Evaluation Group (JEG) is in place to steer and advise the monitoring and evaluation of the TMEA programme at key strategic points. It provides strategic direction on the independent evaluation, and has a strong coordination and facilitation role across the evaluative exercises and to ensure lessons learnt are taken forward.6 Timelines for surveys are subject to change dependant on final OSBP completion dates.

First End line Time & Traffic Survey

Second End line Time & Traffic Survey

1. Busia (Kenya) August 2015 February 2016

Busia (Uganda) August 2015 February 2016

2. Mirama Hills (Uganda)

May 2015 November 2015

Kagitumba (Rwanda) May 2015 November 2015

3. Holili (Tanzania) January 2015 July 2015

Taveta (Kenya) April 2015 October 2015

4. Elegu (Uganda) January 2017 July 2017

Nimule (South Sudan) May 2017 November 2017

5. Kobero (Burundi) March 2016 September 2016

Kabanga (Tanzania) September 2015 March 2016

6. Mutukula (Tanzania) May 2015 November 2015

Mutukula (Uganda) September 2015 March 2016

7. Tunduma (Tanzania) September 2017 March 2018

8. Malaba (Uganda) June 2015 December 2015

Malaba (Kenya) June 2015 December 2015

Annex 2: Questionnaire/User Satisfaction Survey

Date of survey: ---------------------------------------------------------

Border Post: ----------------------------------------------------------

GENERAL INFORMATION

Question 1: What is your gender?

ᴏ Male

ᴏ Female

Question 2: What age category do you fall under?

ᴏ 21 and under

ᴏ 22 to 34

ᴏ 35 to 44

ᴏ 45 to 54

ᴏ 55 to 64

ᴏ 65 and over

ᴏ Decline

Question 3: What is your nationality?

ᴏ Ugandan

ᴏ Kenyan

ᴏ Tanzanian

ᴏ Rwandan

ᴏ Burundian

ᴏ South Sudanese

ᴏ Other (please specify) -------------------------------------------

Question 4: What category of border user best describes you in relation to any transactions you do carry out at the border post?

ᴏ Border official

ᴏ Registered Trader

ᴏ Informal trader

ᴏ Clearing agent

ᴏ Truck driver

ᴏ Traveller/passenger

ᴏ Other (Specify)

Question 5: If you are a trader, how many years have you been in business/trading?

ᴏ One - six months

ᴏ Six months – one year

ᴏ One – two years

ᴏ Two – four years

ᴏ Over five years

Question 6: How often do you cross the border?

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Question 7: What is the estimated total worth of your merchandise per transaction?

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Question 8: What border routes do you normally use? ----------------------------------------------------------------------------------------------------------- -------------

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Question 9: Have you made any changes to the route you usually make? If yes what route was it, and why are you now using this route?

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PROCEDURES

Question 10: What changes if any, have you experienced at the border post?----------------------------------------------------------------------------------------------------------- -------------

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Question 11: Where you informed about the changes /new procedure at the border? ----------------------------------------------------------------------------------------------------------- -------------

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Question 12: What savings have you made as a result of the changes experienced?

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Question 13: What is the average time that you spend before you start the clearance procedures at the border?

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----------------------------------------------------------------------------------------------------------- -------------- Question 14: If you have spent over 2 days before you start your clearance processes, what are the reasons for this? ----------------------------------------------------------------------------------------------------------- -------------

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Question 15: If you are an informal trader, what changes in procedures have you experienced?

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Question 16: What new procedure are you most satisfied with at the border? Why?

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Question 17: Have you experienced instances of harassment as you completed your border clearance procedures? If yes, what harassment did you face?

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----------------------------------------------------------------------------------------------------------- --------------Question 18: Have the changes in procedures brought about any negative consequences on women and girls? If yes, what are these consequences?

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Question 19: What has been the impact of these changes on corruption at the border?

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----------------------------------------------------------------------------------------------------------- --------------The following statements relate to your satisfaction with the changes at the border. In your response, please indicate whether you agree or disagree with each statement. The options are as follows: Strongly Agree, Agree, Neutral, Disagree and Strongly Disagree.

Question 20: Border officials from both borders operate from one central location on this side of the border.

Strongly agree Agree Neutral Disagree Strongly Disagree ᴏ ᴏ ᴏ ᴏ ᴏ

Question 21: Border officials from both borders jointly examine (verify) goods.


Question 22: The time for my transactions to be completed has decreased.


Question 23: There is improved security such as lighting, security fencing in place.


Question 24: Security searches are always conducted by a person of my gender.


FACILITIES

Question 25: The new facilities are well maintained. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 26: The new facilities are clean. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 27: The new facilities have different toilets for men and women. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 28: Warehouse facilities are adequate.

Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 29: There is always enough space for trucks and vehicles in the parking yard at the border post. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 30: There is separation of passenger and cargo freight traffic. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 31: The signage is helpful to show me where the different offices are. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 32: There are sufficient facilities for the physically impaired members of the public. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

Question 33: There are signposts educating people about HIV/AIDS. Strongly agree Agree Neutral Disagree Strongly Disagree

ᴏ ᴏ ᴏ ᴏ ᴏ

OVERALL IMPROVEMENTS

Question 34: What is the most significant change you have witnessed since the implementation of the OSBP?

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Question 35: On the overall, how satisfied are you with the new developments at the border post?

Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied ᴏ ᴏ ᴏ ᴏ ᴏ

Question 36: What are areas of improvement you would suggest at the border post? ----------------------------------------------------------------------------------------------------------------------------------

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Thank you for your feedback.

Annex 3: List of documents to be reviewed which will be shared with the selected consultant after conclusion of the contracting process

TMEA IBM Strategy.

OSBP/IBM Project Appraisal Report (PAR).

DFID Methodological Note on Border Crossing.

Baseline Time and Traffic Survey Reports.

Relevant monitoring plans for projects under measurement.

15. Conflict of InterestTenderers must disclose in their Tender details of any circumstances, including personal, financial and business activities that will, or might, give rise to a conflict of interest; this includes any sub-contractor, if they were awarded this contract. Where Tenderers identify any potential conflicts they should state how they intend to avoid such conflicts. TMEA reserves the right to reject any Tender which, in TMEA’s opinion, gives rise, or could potentially give rise to, a conflict of interest.

16. DisclosuresThe Tenderer must disclose:

a. If they or any of the Tenderer’s sub-contractors: Are or have been the subject of any proceedings or other arrangements relating to

bankruptcy, insolvency or financial standing; Has been convicted of any offence concerning professional misconduct; and Has not fulfilled any obligations relating to the payment of social security contributions.

b. If they or any of the Tenderer’s sub-contractors have been convicted of, or are the subject of any proceedings, relating to: Participation in criminal organisation; Corruption including the offence of bribery; Fraud including theft, and not fulfilling any obligations relating to payment of taxes; and Money laundering.

c. If they or any of the Tenderer’s sub-contractors:

Are, or have reason to believe that they may have been, or are subject of any proceedings, that has resulted in the firms being blacklisted.

Disclosure extends to any company in the same group of the Tenderer (including but not limited to parent subsidiary and sister companies, and companies with common shareholders whether direct or indirect and parties with whom the Tenderer is associated in respect of this tender).

If a Tenderer or related company or any individual discloses details of any misconduct or complaint, TMEA will make an assessment as to whether the Tenderer should be excluded. TMEA may seek

additional information from the Tenderer or other competent authorities to obtain the further information required to make a decision on eligibility.

17. Joint Venture (or other form of association) TendersWhere the Tender is submitted by the Tenderers in conjunction with one or more associates then, in the absence of a Joint venture agreement the ‘Associate’ shall be deemed to be a sub-contractor to the Tenderers and shall not be a party to the contract.

Tenders submitted by potential Joint Venture partnerships must include in the Tender documents a “Letter of Intent to form a Joint Venture” in the event of being successful and:

a. Be signed by a duly authorised representative of each partner with details of each signatory provided in print below each signature;

b. Include an express provision that each partner is jointly and severally liable in respect of the Tenderer’s obligations;

c. Provide details of the name of the partner nominated to act as manager of the Joint Venture and who is authorized to act for the Joint Venture in terms of committing it to any obligations and liabilities and to receive and act upon instructions from TMEA and to make and receive payments; and

d. State full details of the proposed structure; the division of technical responsibilities between the partners and intended capitalisation.

18. TMEA’s Treatment of Your Tender

TMEA is committed to ensuring Value for Money* in complex procurements.Therefore, when you submit a tender, we will:-

a. Disqualify any non-compliant tenders (i.e. tenders failing to meet the terms of these instructions) received. The commercial details of such tenders will be recorded and marked as disqualified;

b. Ensure that all tenders are evaluated objectively, in line with the evaluation criteria specified in the covering letter;

c. Following evaluation, inform the Tenderers within reasonable time of the decision being made; and

d. Following evaluation, provide feedback to each Tenderer within 15 calendar days of written request and within the bounds of confidentiality.

* Value for money is defined as the optimum combination of whole-life cost and quality to meet requirements

Tenderer Obligations

If you consider that any of the information included in your tender would prejudice your legitimate commercial interests, please identify it and explain (in broad terms together with a time period after

which the information could be disclosed) what harm may result from disclosure if a request is received. Tenderers must justify why they prefer any information to be withheld.

TMEA Obligations

Tenderers should be aware that, even where it is indicated in the tender that information prejudicial to tenderers commercial interests, TMEA may be required to disclose it if a request is received. TMEA recognises the legitimate commercial concerns of suppliers and will consult with the relevant tenderer before disclosing information.

ANNEX 1: PRO- FORMA Pro-

forma 1

TENDER FOR: TIME AND TRAFFIC SURVEYS AT THE ONE STOP BORDER POSTS (OSBPS)


MILESTONE PAYMENTS PROPOSAL

The amount to be paid for the completion of the services is fixed at $

Payment will be made either:

a) as a lump sum on completion of the services or

b) at relevant points throughout the contract period as detailed below

CRITERIA FOR PAYMENT AMOUNT OF PAYMENT

TOTAL $

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Pro forma 2



PROPOSAL BREAKDOWN - PERSONNEL INPUTS AND FEE RATES

NAME Country (Specify

No Days Daily Fee Rate

Cost $

Long Term*

Short Term

TOTAL FEES $

* Long Term is in excess of 4 months

Guidance on Fees and Expenses can be found in Section 2 of the contract - the General Conditions.

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Pro- forma 3



PROPOSAL BREAKDOWN – PROJECT EXPENSES

Costs should be shown separately in the format set out below using separate sheets to provide full details under each heading. Fees proposed by tenderers should be inclusive of all taxes.

TRAVEL (state country)

NO. RATE COST $

FARES International

Domestic

Other Travel Costs

Sub Total $

DAILY LIVING COSTS (state country) *Long Term

*Short Term

Sub Total $

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EQUIPMENT* Items Purchased/Rented (Including vehicles)

Sub Total $

Any other expenses (please list)

Sub Total $

TOTAL PROJECT EXPENSES: (B) $

*TMEA will not reimburse costs for normal tools of trade (e.g. portable personal computers)

* Long Term consultants are expected to utilise rented accommodation. No per diem is payable.

*Short Term expectation is either rented accommodation or a hotel

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Pro- forma 4



PROPOSAL BREAKDOWN - SUMMARY OF FEE RATES AND EXPENSES

Total Fees (A) $

Total Project Expenses (B) $

Sub Total$

TOTAL

$

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ANNEX 2: CONTRACT

Section 1 – Form of Contract

CONTRACT FOR: [Insert Title here]

CONTRACT REFERENCE: [Insert Number here]

THIS CONTRACT dated [Insert date here] is made

BETWEEN:

TradeMark East Africa (“TMEA”) having its principal place of business at Equatorial Fidelity Center, P O Box 313 00606, Nairobi, Kenya;

AND

[Insert Consultant Name] (“The Consultant”) having its principal office located in [Insert Contact Details].

WHEREAS:

TMEA has requested the Consultant to provide certain consulting services as defined in the detailed terms of reference and scope of services attached to this Contract (hereinafter called the “Services”); the Consultant, having represented to TMEA that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract.

IT IS HEREBY AGREED as follows:

1. DocumentsThis Contract from page [Insert page no] to page [Insert page no.] shall comprise the following documents: Section 1 Form of ContractSection 2 General ConditionsSection 3 The ServicesSection 4 Special Conditions and Key PersonnelSection 5 Fees

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This Contract constitutes the entire agreement between the Parties in respect of the Consultant’s obligations and supersedes all previous communications between the Parties, other than as expressly provided for in Section 3 and/or Section 4.

2. Contract SignatureIf the original Contract is not returned to - TMEA duly completed, signed and dated on behalf of the Consultant within 15 days of the date of signature on behalf of TMEA, TMEA will be entitled, at its sole discretion, to declare this Contract void. No payment will be made to the Consultant under this Contract until a copy of the Contract, signed on behalf of the Consultant is returned to TMEA.

3. Commencement and Duration of the Servicesa. The Consultant shall start the Services no later than [Insert start date] ("the Start Date") for [state contract period in terms of days/moths/years] and shall complete them by [Insert end date] (End Date") or any other period as may be subsequently agreed by the parties in writing unless this Contract is terminated earlier in accordance with its terms and conditions.

b. If the services have not commenced in accordance with clause 3.1 above, TMEA may by not less than 30 days written notice to the consultant, declare the contract to be null and void, and in the event of such declaration, the consultant shall have no claim against TMEA with respect thereto.

4. Financial LimitPayments under this Contract shall not, in any circumstances, exceed [XXX] for fees and [XXX] for expenses within a total limit of [XXX] inclusive of all taxes applicable ("the Financial Limit").

5. Time of the EssenceTime shall be of the essence as regards the performance by the Consultant of its obligations under this Contract.

For and on behalf of TMEA Name: KEN JONESPosition: CHIEF OPERATING OFFICER Signature:Date:

For and on behalf of the consultant

Name:

Signature:

Date:

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CONTRACT FOR CONSULTANCY SERVICES

Section 2 – General Conditions

1. Definitions“The Contract” means the agreement entered into between TMEA and the consultant, as recorded in this Contract Document signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.“TMEA Project Manager” means the person nominated by TMEA who is responsible for the management of the Project."the Equipment" means any equipment, computer hardware or software, materials, goods and vehicles and associated services necessarily required for the implementation of the Services which are financed or provided by TMEA for use by the Consultant."the Financial Limit" means the amount specified in Section 1 and which represents the maximum amount payable by TMEA under this Contract.“Fees” means the fees payable for the Services as set out in Section 5."the Services" means the services to be provided by the Consultant as set out in Section 3.“the Consultant” means the natural person(s), partnership(s), or company (ies) whose bid to perform this contract has been accepted by TMEA and is named as such in this contract, and includes the legal successors or permitted assigns of the Consultant."the Consultant’s Personnel" means any person instructed by the Consultant pursuant to this Contract to undertake any of the Consultant’s obligations under this Contract, including the Consultant’s employees, agents and sub-contractors.“Subcontractor” means any natural person(s), partnership(s), or company (ies), including its legal successors or permitted assigns, to whom any part of the services to be provided is subcontracted by the Consultant.

2. InterpretationIn the event of any inconsistency between the Form of Contract (Section 1), these General Conditions (Section 2) and the Special Conditions (Section 4), the Special Conditions shall prevail.

3. Project managementTMEA designates the TMEA Project Manager as being responsible for the coordination of activities under this Contract, for the acceptance and approval on behalf of TMEA of the reports and of other deliverables produced by the Consultant, and for receiving and approving invoices for payment.

4. Obligationsa. TMEA and the Consultant each warrant that it has all the requisite corporate power and

authority to enter into this Contract and is fully capable of performing its obligations under this Contract on the terms provided for in this Contract.

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b. The Consultant shall perform the Services and all other obligations under this Contract with all necessary skill, diligence, efficiency and economy to satisfy generally accepted professional standards expected from experts.

c. The Services shall be provided at the location set out in Section 3. Notwithstanding this, the Consultant may be required to travel to other locations from time to time in carrying out the Services.

5. Indemnification At its own expense, the Consultant shall indemnify, protect and defend, TMEA, its agents and employees, from and against all actions, claims, losses or damage arising from any act or omission by the Consultant in the performance of the services, including any violation of any legal provisions, or rights of third parties, in respect of patents, trademarks and other forms of intellectual property such as copyrights. Should the act or omission originate from TMEA, then TMEA will indemnify the consultant. The Consultant hereby indemnifies TMEA, its agents and employees against any legal cost, including attorney/own client costs incurred by TMEA in defending any complaints, disputes or claims lodged by any party as a result of the actions or omissions of the Consultant.

6. Consultant’s Personnela. The Consultant acknowledges that it and the Consultant’s Personnel have no authority to

create or incur any liability or obligation on behalf of TMEA, including but not limited to any liability or obligation to expend or incur capital expenditure and not to recruit, employ or dismiss any member of staff employed by TMEA.

b. The Consultant shall not at any time, either personally or by an agent, directly or indirectly represent itself as being in any way connected with or interested in TMEA save as being engaged to perform the Services.

c. Save for the Services agreed and set out at Section 3, TMEA is under no obligation to offer work to the Consultant and the Consultant is under no obligation to accept any work, which may be offered by TMEA.

d. No changes or substitutions may be made to members of the Consultant’s Personnel identified in Section 4, if any, of this Contract without TMEA’s prior written consent.

e. If TMEA considers any member of the Consultant’s Personnel unsuitable, the Consultant shall substitute such member as quickly as reasonably possible without direct or indirect charge to TMEA with a replacement acceptable to TMEA.

f. The Consultant is responsible for all acts and omissions of the Consultant’s Personnel and for the health, safety and security of such persons and their property.

7. Feesa. Subject as follows, payments shall be due to the Consultant in accordance with the Fee

payment schedule set out in Section 5. In the case of Fees that are payable upon the completion of milestones as may be set out in Section 4, such fees shall not become due and

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payable until the completion, to TMEA’s satisfaction, of the relevant milestone event or the delivery of the deliverables to TMEA’s satisfaction required for the achievement of the relevant milestone satisfactorily

b. Payment of the Fees shall be subject to TMEA being satisfied that the Consultant is or has been carrying out its duties, obligations and responsibilities under this Contract.

c. If for any reason TMEA is dissatisfied with performance of this Contract, an appropriate sum may be withheld from payments that would otherwise be due under this Contract. In such event TMEA shall identify the particular Services with which it is dissatisfied together with the reasons for such dissatisfaction, and payment of the amount outstanding will be made upon remedy of any unsatisfactory work or resolution of outstanding queries.

d. Fees charged and expenses incurred shall not, in aggregate, exceed the Financial Limit without the prior written consent of TMEA.

e. No payments shall be made in respect of days not worked due to sickness or holiday or otherwise.

f. Only the fee rates listed in Section 5 of this Contract will apply to any Services performed by the Consultant under this Contract.

8. ExpensesThe Consultant shall be entitled to be reimbursed only for those expenses which have been approved and are set out in Section 5.

9. Invoicing Instructionsa. Invoices should particularise the contract to which they relate and should be sent to the

address referenced in Section 5. b. All invoices should contain details of the Services provided, milestones achieved and

deliverables provided to which the invoice relates. Where expenses are payable, invoices should be accompanied by proof of the expense. Any invoice not presented in accordance with the above may be rejected and in any event shall be liable to query and delay in payment.

c. TMEA may request proof of payment in respect of any item and shall be entitled to refuse to meet a claim if this cannot be provided.

d. TMEA reserves the right to audit, or to nominate a reputable accounting firm to audit the Consultant’s records relating to amounts claimed under this Contract during its term and any extension, and for a period of three months thereafter.

e. TMEA reserves the right not to pay any amount due in respect of an invoice received by TMEA more than 60 days after the day of the Consultant becoming entitled to invoice for the payment to which it relates.

f. TMEA will deduct withholding tax from the consultant’s invoiced amounts as per Government of Kenya regulations. Consultants from countries with double tax agreements will be provided with withholding tax certificates. It is the consultant’s responsibility to establish their tax status in the country where the Services will be delivered.

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10. PaymentsSubject to TMEA being satisfied that the Consultant is or has been carrying out their duties, obligations and responsibilities under this Contract, sums duly approved shall be paid within 30 days of receipt of a valid invoice.

11. Nature of relationshipTMEA and the Consultant agree and intend that this relationship is one of undertaking independent services and specifically is not a relationship of employer or employee agency, joint venture or partnership. Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent between TMEA and the Consultant and the Consultant will be solely responsible for the tax status, tax and any statutory contributions payable of and for the Consultant’s Personnel and for all or any of its or the Consultant’s Personnel’s taxes payable in respect of Fees and reimbursements received in connection with this Contract.

12. Performance StandardsThe Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity.

13. Termination Either TMEA or the Consultant may terminate this Contract, by not less than 30 days written notice. In such cases, TMEA shall be liable to make payments only for work completed and delivered, of acceptable standard.

14. Confidentialitya. The Consultant shall not, during the term of this Contract and within two years after its

expiration or termination, disclose any proprietary or confidential information relating to the Services, this Contract or TMEA’s business or operations without the prior written consent of TMEA.

b. Notwithstanding the above, the consultant may furnish to its subcontractor such documents, data, and other information it receives from TMEA to the extent required for the subcontractor to perform its work under the contract, in which event the consultant shall obtain an undertaking of confidentiality similar to that imposed on the consultant under this contract.

15. Ownership of Materialc. Any studies, reports or other material, graphic, software or otherwise, prepared by the

Consultant for TMEA under the Contract shall belong to and remain the property of TMEA.d. Where intellectual property rights in all material produced by the Consultant or the

Consultant's Personnel pursuant to the performance of the Services ("the Material") are the property of the Consultant, the Consultant hereby grants to TMEA a worldwide, nonexclusive, irrevocable, royalty free licence to use all the Material.

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e. "use" shall mean, without limitation, the reproduction, publication and sub-licence of all the Material and the intellectual property rights therein, including the reproduction and sale of the Material and products incorporating the same for use by any person or for sale or other dealing anywhere in the world.

16. Code of conduct The consultant shall at all times act loyally and impartially and as a faithful adviser to TMEA in accordance with the rules and/or codes of conduct of its profession.It shall in particular refrain from making any public statements concerning the services without prior approval of TMEA, and from engaging in any activity which conflicts with its obligations towards TMEA under this contract.

It shall not commit TMEA in any way whatsoever without its prior written consent, and shall, where appropriate, make this obligation to third parties.

17. Conflict of interest The consultant shall refrain from any relationship which would compromise its independence or that of its personnel. If the consultant fails to maintain independence, TMEA may terminate the contract in accordance with the provisions of this contract.

18. InsuranceThe Consultant and his/ her/ their personnel are responsible for ensuring adequate and appropriate medical, travel, Personal Accident or any other insurance cover before beginning work, under a TMEA contract for services. The Consultant's fee is deemed to include an element to cover the cost of all insurance

19. AssignmentThe consultant shall not assign, in whole or in part, their obligation under this contract, except with prior written consent of TMEA.

20. SubcontractingThe consultant shall request approval in writing from TMEA for all subcontracts awarded under this contract that are not included in the contract. Subcontracting shall in no event relieve the consultant of any of its obligations, duties, responsibilities or liability under this contract.

21. Law Governing Contract and LanguageThe Contract shall be governed by the laws of Kenya but in the event of a conflict between Kenyan laws and any other Law, then the laws of Kenya prevail. The language of the Contract shall be English.

22. Dispute Resolution

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TMEA and the Consultant agree to seek to resolve any dispute, controversy or claim arising out of or relating to this Contract or the breach, termination or invalidity thereof, by amicable settlement. Where it is not possible to reach an amicable settlement, any dispute, controversy or claim arising out of or relating to this Contract or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Act of 1995 or any statutory modifications or re-enactment thereof for the time being in force.

Notwithstanding any adjudication or arbitration proceedings no party shall commit an anticipatory breach of contract.

23. LiabilityExcept where there has been misconduct, gross negligence, dishonesty or fraud on behalf of the Consultant or the Consultant's Personnel, the Consultant's aggregate liability arising out of or in connection with this Contract shall be limited to the amount of the Financial Limit. The Consultant shall not be liable for any failure to perform or delay in performance of any of its obligations arising out of or in connection with this Contract where such failure or delay is caused by TMEA or any of TMEA’s agents, employees or contractors.

24. Force Majeurea. The failure of the Consultant to fulfil any of its obligations under the Contract shall not be

considered to be a breach of, or default under, this Contract insofar as such inability arises from an act, event, omission or accident beyond its reasonable control (“Force Majeure Event”), provided that the Consultant (i) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (ii) has informed TMEA as soon as possible about the occurrence of such an event and in any event not later than 14 days after the occurrence of such event.

b. Any period within which the Consultant shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which the Consultant was unable to perform such action as a result of the Force Majeure Event.

c. During the period of their inability to perform the Services as a result of a Force Majeure Event, the Consultant shall be reimbursed for additional costs reasonably and necessarily incurred by it during such period for the purposes of the Services and in reactivating the Services after the end of such period.

Force Majeure shall not include:

Any event which is caused by the negligence or intentional action of the consultant, or such consultant’s subcontractors or agents or employees; nor any event which a diligent party could reasonably have been expected to both: Take into account from the effective date of the contract; and Avoid or overcome in the carrying out of its obligations.

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25. Joint venture, consortium or associationUnless otherwise specified in this contract, if the Consultant is a joint venture, consortium or association, all of the parties shall be jointly and severally liable to TMEA for the fulfilment of the provisions of this contract. The composition or constitution of the joint venture, consortium or association shall not be altered without the prior written consent of TMEA. Any alteration of the composition of the joint venture, consortium or association without prior written consent of TMEA shall be considered to be a breach of contract.

26. TravelAll authorized air travel must be economy class through the most direct and economical route.

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Section 3 – The Services

TERMS OF REFERENCE

[Insert]

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Section 4 – Special Conditions and Consultant’s Key Personnel

1. Special conditionsThe proposal-both technical and financial-submitted for this tender forms an integral part of this contract.

2. Key PersonnelThe following of the Consultant's Personnel cannot be substituted by the Consultant without TMEA's prior written consent:[Insert]

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Section 5 – Fees

1. Professional feesConsultant Fee rate per day ($) Maximum number of days Total value ($)

TOTAL 1

2. Reimbursable expensesItem Number Cost ($) Total value ($)

GRAND TOTAL (1+2)

All expenses including accommodation must be supported by valid receipts which must be submitted with the relevant invoice. The only exception to this is the payment of subsistence allowances which are paid at TMEA standard rates and which do not need to be supported by receipts.

3. Invoicing instructions

Invoices should be sent to [email protected] after the deliverables/milestones have been achieved and approved by TMEA and the recipient. The Invoices should clearly state the Contract Number (PO/XXX) and details of the Consultant’s bank account to which TMEA shall transfer payments.

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ANNEX 3: BID SUBMISSION FORM

Bid Submission Form[The Bidder shall fill in this Form in accordance with the instructions indicated No alterations to its format shall be permitted and no substitutions shall be accepted.]Date: [insert date (as day, month and year) of Bid Submission]To: TradeMark East Africa

2nd Floor, Equatorial Fidelity CentreWaiyaki Way, WestlandsP.O. Box 313 00606Nairobi, Kenya

We, the undersigned, declare that:(a) We have examined and have no reservations to the Bidding Documents;(b) We offer to supply in conformity with the Bidding Documents and in accordance with the

Delivery Schedules specified in the Schedule of Requirements the following Goods and Related Services [insert a brief description of the Goods and Related Services];

(c) Our bid shall be valid for the period of time specified in the ITT, from the date fixed for the bid submission deadline in accordance with the ITT, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(d) We have no conflict of interest;(e) We understand that this bid, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us, until a formal contract is prepared and executed.

(f) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.

Signed: [signature of person authorized by the Bidder to sign the bid submission form, and whose name and title are shown below]Name: [insert full name]Title: [insert official title]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

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ANNEX 4: FAIR PRICE DECLARATION FORM

FAIR PRICE DECLARATION FORMThis form shall be completed by each consultant or consultancy firm and is to be read together with the information to bidders in the request for proposal (RFP) document.We/ I [insert name of the consultant or consultancy firm] hereby declare that the price quoted in our financial proposal are in line with the market rates and/or the approved professional charges and are economical. We/ I hereby give TradeMark East Africa authority to terminate the contract without further communication should they discover that we/I [insert name of consultant or consultancy firm] are in contravention of this declaration.

Name: _________________________________Designation: _________________________________Signature: _________________________________Date: _________________________________

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ANNEX 5: TMEA CODE OF ETHICSTMEA CODE OF ETHICS

1. PreambleTradeMark East Africa’s (TMEA) success depends on its reputation, integrity, openness and respect for others. The trust and confidence of those with whom we deal is therefore, essential. The protection of our reputation and relationships is of fundamental importance to our long term sustainability. We recognise our obligations to all those with whom we have a direct relationship such as, donors, staff, contractors and suppliers, the private sector in general, government, civil society and the wider community.

This document covers fraud and corruption in the use of funds for ineligible expenditures, as well as fraud and corruption engaged in for the purpose of influencing any decision as to the use of funds. All such fraud and corruption is deemed to occur “in connection with the use of TMEA funds”. The recourse for funds mismanagement, where TMEA has sufficient evidence, shall lead to refund of monies by the beneficiary involved and prosecution by the authorities.

Gender mainstreaming also forms part of this document and it is obligatory for all partners to put gender equity issues practice rather than adopting a superficial approach. This will be through continuous assessment of the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels of the project.

Finally, all partners, consultants, contractors and stakeholders will sign the last page signifying they have read and understood this document, which is an integral part of the engagement/contract document with TMEA.

2. Definitions A “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party;

A “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

A “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

A “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party, and;

An “obstructive practice” is;

o Deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive

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practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or

o Acts intended to materially impede the exercise of the Bank’s contractual rights of audit or access to information.

“Gender mainstreaming” is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality.

A “recipient” is any individual, firm, organisation, NGO, PSO or CSO or any partner that works with TMEA and/ or receives TMEA funding either through a contract or a grant.

3. Code of ethics

(a) Relationship with stakeholders

TMEA’s reputation depends on the way in which we work. It is vital that our stakeholders have confidence in our competence and professional excellence. We will treat our stakeholders with respect, honesty and fairness.

Confidential information relating to our relationship with all stakeholders will be respected. We respect copyright and other intellectual property rights.

Where consultants and other third parties are contracted to perform duties by TMEA, they will be expected to act in accordance with this code. The obligation to comply with this document forms an integral part of the engagement we have with partners or consultants who are expected to append their signature, as a confirmation of commitment to adherence.

Decisions to hire a consultant or source materials from a particular vendor or supplier are made on the basis of objective criteria such as quality, reliability, technical excellence, price and service. Purchasing decisions must never be made on the basis of personal relationships or the opportunity for personal financial gain. The contractor undertakes to pay suppliers, subcontractors and agents in accordance with agreed terms.

The receipt of gifts or favours by recipients can give rise to embarrassing situations and may be seen as improper inducement. Gifts and favours must not be solicited. In the event that any offers of gifts or favours are received, it should be reported immediately using your organisation’s hierarchy.

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The recipient shall not avoid tax. The recipient will record and report all transactions, including those where payment is made in cash. All taxable perquisites to which staffs are entitled will be listed and declared for tax purposes.

TMEA is committed to openness and transparency in communicating with stakeholders and seeks a constructive relationship the wider private sector/ civil society, the media, the government, non-governmental organisations and the general public.

(b) Relationship with employees

TMEA aims to provide a positive, responsible, open and exemplary working environment. Relationship with staff should be based on respect, dignity and fair treatment for all. We strive to maintain an environment that is based on merit and inclusiveness. The organisation will recruit and promote staff on the basis of their suitability for the job and organisation’s needs without discrimination. Diversity of staff is central to our operations and we value it immensely.

TMEA expect staffs to conduct their business activities with colleagues and stakeholders with respect for all and with honesty and courtesy. We will not tolerate harassment or bullying of staff.

The recipient will explain the purpose of its activities and individual jobs, foster effective communication and involve employees in improving their work. As far as possible, it will provide staff with opportunities to enhance their skills and capabilities, enabling them to develop fulfilling careers and to maximise their contribution to the organisation.

The recipient, in recognition of the efforts of an individual, it will maintain an atmosphere of fair terms and conditions of employment and remuneration policies and structures.

The recipient’s time, physical and intellectual property should be used for business purposes only. Electronic communication equipment and related services (including email, internet, bulletin boards, fax machines, file storage) must be protected from unauthorised external access or use. Under no circumstances should they be used for receiving illegal, offensive, obscene or otherwise inappropriate materials.

The recipient shall respect staff privacy. We will only collect and retain personal information that is required for effective operation of the organisation or as required by law. The information will be kept confidential and released only to those who have a legitimate need to know. Information received by staff in the course of business dealings may not be used for personal gain.

No staff may be involved in any activity for personal gain. Any personal interests or interests of a member of one’s immediate family in relation to the organisation’s business must be disclosed. Any perceived conflicts of interest should be discussed with the line manager and it is your responsibility to take action to declare and resolve any real or apparent conflict.

4. Fraud and corruption The recipient shall:

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(b) Take all appropriate measures to prevent corrupt, fraudulent, collusive, coercive and obstructive practices in connection with the use of TMEA funds, including (but not limited to):

adopting appropriate fiduciary and administrative practices and institutional arrangements to ensure that the funds are used only for the purposes for which they were intended, and;

ensuring that all of its representatives involved with the project, and all recipients of funds with which it enters into an agreement related to the Project, receive a copy of this document and are made aware of its contents;(c) Immediately report to TMEA any allegations of fraud and corruption; (d) Cooperate fully with representatives of TMEA or its appointed agent in any

investigation into allegations of fraud and corruption. If TMEA determines that any person or entity referred to in 4.1 above has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, it may suspend further funding/disbursement/payment. Should investigations reveal that there was fraudulent activity, TMEA reserves the right to demand a refund and may terminate the agreement in place. TMEA may also hand over the reports from any investigations to proceed with prosecution;

(e) Take all necessary and appropriate against any representative declared ineligible, as described in below, from duties and responsibilities;

o If TMEA determines that a recipient is also a potential provider of goods, works or services, it shall declare the recipient ineligible;

o TMEA shall declare a firm, consultant or individual ineligible under this code of ethics if such firm, consultant or individual has been declared ineligible under TMEA procurement guidelines or those of the respective government/partner or any other international organisation; and(f) Assist or enable TMEA obtain a refund of any resources (assets, monies,

materials among other benefits) that have been used inappropriately funds including returning any unutilised funds especially where TMEA is not content with progress.

3. Gender mainstreamingThe core guidelines for gender mainstreaming in TMEA funded projects shall be based on but not limited to the following:

a. Issues across all areas of activity shall be defined in such a manner that gender differences are diagnosed;

b. Responsibility for translating gender mainstreaming into practice is system- wide and rests at the highest level of the recipient organisation. Accountability for outcomes needs to be monitored continuously;

c. Gender mainstreaming also requires that every effort be made to broaden equal participation at all levels of decision-making;

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d. Gender mainstreaming must be institutionalised through concrete steps, mechanisms and processes in all areas of TMEA funded projects;

e. Gender mainstreaming does not replace the need for targeted, policies and programmes or positive legislation, nor does it substitute for gender units or focal points; and

f. There shall be clear organisational will and the allocation of adequate human and financial resources for gender mainstreaming from all available funding for the successful translation of the concept into practice.

4. Implementing and monitoring this documentThe recipient’s commitment to this document is essential to TMEA’s success and will be demonstrated through training, enforcement and accountability. Adherence to the provisions of this document is a condition of partnership.

Project Managers should ensure that all recipients receive guidance on this document and understand the values that underpin its usage. They should strive to create an environment that encourages open discussion about any concerns.

These document is a guide rather than an exhaustive description of the recipient’s ethics polices and standards. TMEA aims to create a culture in which it is normal for partners to ‘do the right thing’ and to voice genuinely held concerns about behaviour or decisions that they perceive to be unethical.

All recipients are required to sign an ‘Annual Certificate of Compliance’ stating that they have read this document and have taken all reasonable steps to ensure that they have conducted business responsibly and in compliance with applicable laws and regulations.

5. Miscellaneous The provisions in this code do not limit any other rights, remedies or obligations of TMEA or the recipient under the Memorandum of Understanding/Agreement or any other document to which TMEA and the Partner are both parties.

6. Commitment to the Code of EthicsI have read the code and hereby sign as an indication of commitment to ensuring the code is incorporated and adhered to.

Organisation’s name: _______________________________Title of Signatory: _______________________________Signature: _______________________________Date: _______________________________

……………………………………………………………..……………………

STAMP/SEAL

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ANNEX 6: Financial Bid Submission Form

Financial Bid Submission Form

Dear Sirs:

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

Our attached Financial Proposal is for the amount of [Indicate the corresponding to the amount(s) currency (ies)] [Insert amount(s) in words and figures], including all applicable taxes in line with Clause 9 of this RFP tender document.

This bid submission/ proposal is in line with Pro-forma 1, 2, 3 and 4 of Annex 1 of this RFP tender document.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from any contract negotiations, up to expiration of the validity period of the Proposal, up to 120 days after bid submission date, that is, 24th October 2014.

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

We remain,

Yours Sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: In the capacity of: Address: E-mail: _________________________

[For a joint venture, either all members shall sign or only the lead member/ consultant, in which case the power of attorney to sign on behalf of all members shall be attached]

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