MESPT-001-DMDP-2022 - DEVELOPING BANANA VALUE CHAIN GREENING TRAINING MANUAL AND TRAINING OF TOTs AS GREEN AGENTS
MESPT-001-DMDP-2022 - DEVELOPING BANANA VALUE CHAIN GREENING TRAINING MANUAL AND TRAINING OF TOTs AS GREEN AGENTS
TENDER TITLE:
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SECTION I - LETTER OF INVITATION
Dear Sir/Madam,
1.1.1 Micro Enterprises Support Programme Trust (MESPT) invites proposals for the following
consultancy: DEVELOPING BANANA VALUE CHAIN GREENING TRAINING
MANUAL AND TRAINING OF TOTs AS GREEN AGENTS. Micro-Enterprises
Support Programme Trust (MESPT) has since the year 2002 developed a niche in
supporting the growth of small holder farmers, Micro, Small and Medium Enterprises
(MSMEs) by providing integrated business solutions for sustainable development. The
Trust is a multi-donor entity jointly founded by the Government of Kenya and the European
Union and later the Royal Danish Embassy in Kenya (DANIDA) through a trust deed of
2013.
1.2 The request for proposals (RFP) includes the following documents:
Section I - Letter of invitation
Section II - Information to consultants
Section III - Terms of Reference
Section IV - Technical proposals
Section V - Financial proposal
Section VI - Standard Contract Form
Yours sincerely
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SECTION II – INFORMATION TO CONSULTANTS (ITC)
2.1 Introduction
2.9 Negotiations
2.11 Confidentiality
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SECTION II: - INFORMATION TO CONSULTANTS (ITC)
2.1 Introduction
2.1.1 Micro Enterprises Support Programme Trust (MESPT) will select a firm among those invited to
submit a proposal, in accordance with the method of selection detailed in the appendix.
2.1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal as specified
in the Appendix “ITC” for consulting services required for the assignment named in the said
Appendix. The proposal will be the basis for Contract negotiations and ultimately for a signed
Contract with the selected firm.
2.1.3 The consultants must familiarize themselves with local conditions and take them into account in
preparing their proposals. To obtain firsthand information on the assignment and on the local
conditions, consultants are encouraged to liase with the Client regarding any information that they
may require before submitting a proposal and to attend a pre-proposal conference where
applicable. Consultants should contact the officials named in the Appendix “ITC” to arrange for
any visit or to obtain additional information on the pre-proposal conference. Consultants should
ensure that these officials are advised of the visit in adequate time to allow them to make
appropriate arrangements.
2.1.4 MESPT will provide the inputs specified in the Appendix “ITC”, assist the firm in obtaining
licenses and permits needed to carry out the services and make available relevant project data and
reports.
2.1.5 Please note that (i) the costs of preparing the proposal and of negotiating the Contract, including
any visit to the Client are not reimbursable as a direct cost of the assignment; and (ii) the Client is
not bound to accept any of the proposals submitted.
2.1.6 The procuring entity’s employees, evaluation panel members, board members and their relative
(spouse and children) are not eligible to participate.
2.1.7 MESPT shall allow the tenderer to review the tender document free of charge before purchase
(where applicable).
2.2.2 At any time before the submission of proposals, the Client may for any reason, whether at his own
initiative or in response to a clarification requested by an invited firm, amend the RFP. Any
amendment shall be issued in writing through addenda. Addenda shall be sent by email to all
invited consultants and will be binding on them. The Client may at his discretion extend the
deadline for the submission of proposals.
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2.3 Preparation of Technical Proposal
2.3.2 In preparing the Technical Proposal, consultants are expected to examine the documents
constituting this RFP in detail. Material deficiencies in providing the information requested may
result in rejection of a proposal.
2.3.3 While preparing the Technical Proposal, consultants must give particular attention to the
following:
(i) If a firm considers that it does not have all the expertise for the assignment, it may obtain
a full range of expertise by associating with individual consultant(s) and/or other firms or
entities in a joint venture or sub-consultancy as appropriate. Consultants shall not
associate with the other consultants invited for this assignment. Any firms associating in
contravention of this requirement shall automatically be disqualified.
(ii) For assignments on a staff-time basis, the estimated number of professional staff-time is
given in the Appendix. The proposal shall however be based on the number of
professional staff-time estimated by the firm.
(iii) It is desirable that the majority of the key professional staff proposed be permanent
employees of the firm or have an extended and stable working relationship with it.
(iv) Proposed professional staff must as a minimum, have the experience indicated in
Appendix, preferably working under conditions similar to those prevailing in Kenya.
(v) Alternative professional staff shall not be proposed and only one Curriculum Vitae (CV)
may be submitted for each position.
2.3.4 The Technical Proposal shall provide the following information using the attached Standard
Forms;
(i) A brief description of the firm’s organization and an outline of recent experience on
assignments of a similar nature. For each assignment the outline should indicate inter
alia, the profiles of the staff proposed, duration of the assignment, contract amount and
firm’s involvement.
(ii) Any comments or suggestions on the Terms of Reference, a list of services and facilities
to be provided by the Client.
(iii) A description of the methodology and work plan for performing the assignment.
(iv) The list of the proposed staff team by specialty, the tasks that would be assigned to each
staff team member and their timing.
(v) CVs recently signed by the proposed professional staff and the authorized representative
submitting the proposal. Key information should include number of years working for the
firm/entity and degree of responsibility held in various assignments during the last ten (10)
years.
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(vi) Estimates of the total staff input (professional and support staff staff-time) needed to carry
out the assignment supported by bar chart diagrams showing the time proposed for each
professional staff team member.
(vii) A detailed description of the proposed methodology, staffing and monitoring of training, if
Appendix “A” specifies training as a major component of the assignment.
2.3.5 The Technical Proposal shall not include any financial information.
2.4.1 In preparing the Financial Proposal, consultants are expected to take into account the
requirements and conditions outlined in the RFP documents. The Financial Proposal should
follow Standard Forms (Section D). It lists all costs associated with the assignment including; (a)
remuneration for staff (in the field and at headquarters), and; (b) reimbursable expenses such as
subsistence (per diem, housing), transportation (international and local, for mobilization and
demobilization), services and equipment (vehicles, office equipment, furniture, and supplies),
office rent, insurance, printing of documents, surveys, and training, if it is a major component of
the assignment. If appropriate these costs should be broken down by activity.
2.4.2 The Financial Proposal should clearly identify as a separate amount, the local taxes, duties, fees,
levies and other charges imposed under the law on the consultants, the sub-consultants and their
personnel, unless Appendix “A” specifies otherwise.
2.4.3 Consultants shall express the price of their services in Kenya Shillings and shall include all
taxes.
2.4.4 Commissions and gratuities, if any, paid or to be paid by consultants and related to the assignment
will be listed in the Financial Proposal submission Form.
2.4.5 The Proposal must remain valid for 90 days after the submission date. During this period, the
consultant is expected to keep available, at his own cost, the professional staff proposed for the
assignment. The Client will make his best effort to complete negotiations within this period. If
the Client wishes to extend the validity period of the proposals, the consultants shall agree to the
extension.
The Financial Proposal and the Technical Proposal files MUST BE COMPLETELY SEPARATE
and emailed separately through [email protected] and clearly named as either “TECHNICAL
PROPOSAL” or “FINANCIAL PROPOSAL”. The subject of the email should clearly capture the
tender number & description. The file with the “FINANCIAL PROPOSAL” must be
encrypted with a password so that it cannot be opened nor viewed until the Proposal has been
found to pass the technical evaluation stage. Once a Proposal has been found to be responsive by
passing the technical evaluation stage, MESPT shall request via email the Proposer to submit the
password to open the Financial Proposal.
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2.5.1 The completed Technical and Financial Proposals must be submitted in the prescribed manner on
or before the time and date stated in the Appendix “ITC”. Any proposal received after the closing
time for submission of proposals shall not be considered.
2.5.2 After the deadline for submission of proposals, the Technical Proposal shall be opened
immediately by the opening panel. Passwords for the Financial Proposal shall be requested from
those bidders found to have passed the technical evaluation stage.
2.6.1 From the time the bids are opened to the time the Contract is awarded, if any consultant wishes to
contact the Client on any matter related to his proposal, he should do so in writing at the address
indicated in the Appendix “ITC”. Any effort by the firm to influence the Client in the proposal
evaluation, proposal comparison or Contract award decisions may result in the rejection of the
consultant’s proposal.
2.6.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation is concluded.
2.7.1 The evaluation panel appointed by the Client shall evaluate the proposals on the basis of their
responsiveness to the Terms of Reference, applying the evaluation criteria as follows;
No Criteria Score
1 Overall capability of the firm 10 Points
2 Experience of the firm on similar assignments 25 Points
3 Approach & methodology 20 points
4 Qualification of proposed team 15 points
5 Understanding of the assignment 10 points
Each responsive proposal will be given a technical score (St). A proposal shall be rejected at this stage if
it does not respond to important aspects of the Terms of Reference or if it fails to achieve the minimum
technical score indicated in the Appendix “ITC”.
2.8.2 The evaluation panel will determine whether the financial proposals are complete (i.e. whether the
consulting firm has costed all the items of the corresponding Technical Proposal and correct any
computational errors. The cost of any unpriced items shall be assumed to be included in other
costs in the proposal. In all cases, the total price of the Financial Proposal as submitted shall
prevail.
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2.8.3 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 10% 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.
2.8.4 The formulae for determining the Financial Score (Sf) shall, unless an alternative formula is
indicated in the Appendix “ITC”, be as follows: -
Sf = 100 X FM/F where Sf is the financial score; Fm is the lowest priced financial proposal and F is
the price of the proposal under consideration. Proposals will be ranked according to their
combined technical (St) and financial (Sf) scores using the weights (T=the weight given to the
Technical Proposal: P = the weight given to the Financial Proposal; T + p = I) indicated in the
Appendix. The combined technical and financial score, S, is calculated as follows: - S = St x T %
+ Sf x P %. The firm achieving the highest combined technical and financial score will be invited
for negotiations.
2.8.5 The tender evaluation panel shall evaluate the tender within 30 working days of from the date of
opening the tender.
2.8.6 Contract price variations shall not be allowed for contracts not exceeding one year (12 months).
2.8.7 Where contract price variation is allowed, the variation shall not exceed 10% of the original
contract price
2.8.8 Price variation requests shall be processed by the procuring entity within 30 days of receiving the
request.
2.9 Negotiations
2.9.1 Negotiations will be held at the same address as “address to send information to the Client”
indicated in the Appendix “ITC”. The aim is to reach agreement on all points and sign a contract.
2.9.2 Negotiations will include a discussion of the Technical Proposal, the proposed methodology
(work plan), staffing and any suggestions made by the firm to improve the Terms of Reference.
The Client and firm will then work out final Terms of Reference, staffing and bar charts
indicating activities, staff periods in the field and in the head office, staff-months, logistics and
reporting. The agreed work plan and final Terms of Reference will then be incorporated in the
“Description of Services” and form part of the Contract. Special attention will be paid to getting
the most the firm can offer within the available budget and to clearly defining the inputs required
from the Client to ensure satisfactory implementation of the assignment.
2.9.3 Unless there are exceptional reasons, the financial negotiations will not involve the remuneration
rates for staff (no breakdown of fees).
2.9.4 Having selected the firm on the basis of, among other things, an evaluation of proposed key
professional staff, the Client expects to negotiate a contract on the basis of the experts named in
the proposal. Before contract negotiations, the Client will require assurances that the experts will
be actually available. The Client will not consider substitutions during contract negotiations
unless both parties agree that undue delay in the selection process makes such substitution
unavoidable or that such changes are critical to meet the objectives of the assignment. If this is
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not the case and if it is established that key staff were offered in the proposal without confirming
their availability, the firm may be disqualified.
2.9.5 The negotiations will conclude with a review of the draft form of the Contract. To complete
negotiations the Client and the selected firm will initial the agreed Contract. If negotiations fail,
the Client will invite the firm whose proposal received the second highest score to negotiate a
contract.
2.9.6 The procuring entity shall appoint a team for the purpose of the negotiations.
2.10.1 The Contract will be awarded following negotiations. After negotiations are completed, the Client
will promptly notify other consultants on the shortlist that they were unsuccessful.
2.10.2 The selected firm is expected to commence the assignment on the date and at the location
specified in Appendix “A”
2.10.3 The parties to the contract shall have it signed within 30 days from the date of notification of
contract award unless there is a review request.
2.10.4 MESPT may at any time terminate procurement proceedings before contract award and shall not
be liable to any person for the termination.
2.10.5 The procuring entity shall give prompt notice of the termination to the tenderers and on request
give its reasons for termination within 14 days of receiving the request from any tenderer.
2.10.6 To qualify for contract awards, the tenderer shall have the following:
(a) Necessary qualifications, capability experience, services, equipment and facilities to provide
what is being procured.
(b) Legal capacity to enter into a contract for procurement
(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is
not the subject of legal proceedings relating to the foregoing.
(d) Shall not be debarred from participating in public procurement or any procurement by
MESPT.
2.11 Confidentiality
2.11.1 Information relating to evaluation of proposals and recommendations concerning awards shall not
be disclosed to the consultants who submitted the proposals or to other persons not officially
concerned with the process, until the winning firm has been notified that it has been awarded the
Contract.
2.12.1 MESPT requires that the consultants observe the highest standards of ethics during the selection
and award of the consultancy contract and also during the performance of the assignment. The
tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent
practices.
2.12.2 MESPT will reject a proposal for award if it determines that the consultant recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in question.
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2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulent practices risks being
debarred from participating in future procurement by MESPT.
The following information for procurement of consultancy services and selection of consultants shall
complement or amend the provisions of the information to consultants, wherever there is a conflict
between the provisions of the information to consultants and the provisions of the appendix, the
provisions of the appendix herein shall prevail over those of the information to consultants.
2.1 The name of the Client is: Micro Enterprises Support Programme Trust (MESPT)
2.2 The method of selection is: QCBS (Quality and Cost Based Selection)
Name: Consultancy for Developing Banana Value Chain Greening Training Manual and Training
of ToTs as Green Agents
Objectives: to develop a training manual(s) for greening and training of trainers of trainers (TOTs) as
greening agents.
2.7 The Client will provide the following inputs: Relevant internal documents for review.
2.8 (I) The estimated number of professional staff months required for the assignment is; open.
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(II) The desired competencies are:
• The consulting firm should have a mix of experts with a background and experience in Natural
Resource Management, Climate Change, Agribusiness and Food safety.
• The consulting firm should have experience in developing Training manuals and Learning guides
(Provide proof)
• At least one of the experts/team members should be well versed and highly experienced in green
growth initiatives/ green transformation.
• At least one team members should have practical working experience in the banana value chain.
• At least one of the team members must be well versed with certification/ food standards and
processes preferably with a certificate in the area.
• Experts to be involved must have hands on experience in training.
• The lead consultant should have high organisational and co-ordination skills
2.9 Taxes: The Financial Proposal should clearly identify as a separate amount, the local taxes,
duties, fees, levies and other charges imposed under the law on the consultants, the sub-
consultants and their personnel.
2.11 Proposals must be submitted no later than the following date and time 1st April 2022 and 5:00
pm Kenyan Time
2.14 Alternative formulae for determining the financial scores is the following:
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SECTION III: - TECHNICAL PROPOSAL
3.1 In preparing the technical proposals the consultant is expected to examine all terms and
information included in the RFP. Failure to provide all requested information shall be at the
consultant’s own risk and may result in rejection of the consultant’s proposal.
3.2 The technical proposal shall provide all required information and any necessary additional
information and shall be prepared using the standard forms provided in this Section.
3.3 The Technical proposal shall not include any financial information unless it is allowed in the
Appendix to information to the consultants or the Special Conditions of contract.
3. Comments and suggestions of consultants on the Terms of reference and on data, services and
facilities to be provided by the procuring entity.
4. Description of the methodology and work plan for performing the assignment.
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1. TECHNICAL PROPOSAL SUBMISSION FORM
[_______________ Date]
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] and our Proposal. We are hereby submitting our Proposal, which
includes this Technical Proposal, [and a Financial Proposal submitted separately].
We understand you are not bound to accept any Proposal that you receive.
We remain,
Yours sincerely,
_______________________________[Authorized Signature]:
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2. FIRM’S REFERENCES
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.
Firm/Entity(profiles):
Name of Client: Clients contact person for the assignment.
Address:
No of Staff-Months; Duration of
Assignment:
Start Date (Month/Year): Completion Date Approx. Value of Services (Kshs)
(Month/Year):
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3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF
REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE
CLIENT.
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
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1. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING
THE ASSIGNMENT
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5. TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Technical/Managerial Staff
Name Position Task
2. Support Staff
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6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
Profession: _____________________________________________________________________
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.]
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Certification:
I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.
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7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
Signature: ________________________
(Authorized representative)
Title: ______________________________
Address: ___________________________
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8. ACTIVITY (WORK) SCHEDULE
Activity (Work)
Reports Date
1. Inception Report
3. Draft Report
4. Final Report
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SECTION IV: - FINANCIAL PROPOSAL
4.1 The Financial proposal prepared by the consulting firm should list the costs associated with the
assignment. These costs normally cover remuneration for staff, subsistence, transportation,
services and equipment, printing of documents, surveys etc as may be applicable. The costs
should be broken done to be clearly understood by MESPT.
4.2 The financial proposal shall be in Kenya Shillings or any other currency allowed in the request for
proposal and shall take into account the tax liability and cost of insurances specified in the request
for proposal.
4.3 The financial proposal should be prepared using the Standard forms provided in this part.
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SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS
2. Summary of costs
6. Miscellaneous expenses
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1. FINANCIAL PROPOSAL SUBMISSION FORM
________________ [Date]
To: ______________________________________
______________________________________
______________________________________
[Name and address of Client]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for (____________) [Title of consulting
services] in accordance with your Request for Proposal dated (__________________) [Date] and our
Proposal. Our attached Financial Proposal is for the sum of
(_________________________________________________________________) [Amount in words
and figures] inclusive of the taxes.
We remain,
Yours sincerely,
_____________________________[Authorized Signature]
:
_____________________ [Name and Title of Signatory]:
______________________ [Address]
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2. SUMMARY OF COSTS
Subtotal
Taxes
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3. BREAKDOWN OF PRICE PER ACTIVITY
Remuneration
Reimbursables
Miscellaneous Expenses
Subtotal _______________________________
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4. BREAKDOWN OF REMUNERATION PER ACTIVITY
Regular staff
(i)
(ii)
Consultants
Grand Total
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5. REIMBURSABLES PER ACTIVITY
Grand Total
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6. MISCELLANEOUS EXPENSES
1. Communication costs____
_________________________
(telephone, telegram, telex)
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SECTION V: - TERMS OF REFERENCE
TERMS OF REFERENCE CONSULTANCY FOR DEVELOPING BANANA VALUE CHAIN
GREENING TRAINING MANUAL AND TRAINING OF TOTs AS GREEN AGENTS
1.0. INTRODUCTION
Micro-Enterprises Support Programme Trust (MESPT) has since the year 2002 developed a niche in
supporting the growth of Micro, Small and Medium Enterprises (MSMEs) by providing integrated
business solutions for sustainable development. The Trust is a multi-donor entity jointly founded by the
Government of Kenya and the European Union who later relinquished their position to the Royal Danish
Embassy in Kenya, Ministry of Foreign Affairs of Denmark (DANIDA).
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3.0. PURPOSE OF THE ASSIGNMENT
Towards the end of 2021 the DMFA introduced a greening component to the DMDP aimed at enhancing
the greening of both the commercial and development cases for improved sustainability. The banana
value chain project will be seeking to do this by among other things increasing adoption of climate smart
and regenerative agricultural practices in banana production amongst the smallholder farmers. Aiming at
improving productivity the project is already rolling a capacity development program for adoption of
good agricultural practices amongst small holder farmers. Whereas GAP addresses certain aspects of the
greening component there is need for a holistic training guide that in a more concrete manner supports
the understanding and application (the theory and practice) of the greening concept to farmers and other
key stakeholders. Most particularly intends to support the application of nature-based solutions to solve
farming problems while also supporting farmers to adopt organic farming and related practices. The
proposed training guide is therefore expected to facilitate content that will deliver a green ecosystem
within a banana farming environment.
The training manual will be available for use by farm estate advisors, lead farmers, extension staff and
farmers themselves. The manual will be subjected to a validation process by a carefully selected team of
stakeholders and will eventually be translated in Swahili and printed.
The purpose of this assignment is to develop a training manual(s) for greening and training of trainers of
trainers (TOTs) as greening agents.
• Discussion of the envisaged content of the manual with MESPT and key partners.
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5.0. EXPECTED OUTPUT OF THE ASSIGNMENT (DELIVERABLES)
No Activity Deliverables
1 Development and submission of an An inception report detailing the approach, methodology and general
inception report before the concept to the process.
commencement of the assignment
2 Development of the Greening Training A soft copy of the Training Manual in MS Word and PDF formats.
Manual
3 Development of a training curriculum A comprehensive training schedule.
4 Validation of the training manual Stakeholders’ validation report clearly demonstrating incorporation of
stakeholders’ feedback in the manual(s) development process.
5 Training of TOTs as green agents Draft report will be accompanied with photographic evidence of the
(include follow ups). training and signed attendance sheets for the trainees (FEAs, lead farmers
and ward agricultural officers).
6 Follow up and closure of the training Final report submitted in hard bound copy and electronic version
including the following: -
Concise presentation of the training sessions’ content applied methods
and key discussions Conclusions and recommendations based on lessons
learned for future interventions; Training programme evaluation forms
filled in by participants. In addition, the consultant will provide training
certificates to the trainees and a follow up report and other relevant
materials will be submitted to MESPT.
7 Reporting 1. Inception report
2. Manual.
3. Validation report.
4. Training report (draft and final)
5. Final assignment report.
10.0. Reporting
The consulting firm will work under the supervision of the programme manager.
b) 30% upon facilitation and presentation of an acceptable/ validated training manual, curriculum,
and a draft training report with attendance sheets of trainees and photographic evidence.
c) 40% upon finalization of the coaching support and presenting acceptable final reports.
SUBMISSION OF PROPOSALS
Consulting firms are required to submit their proposals by 5.00 p.m. on 1st April 2022, to the e-mail
[email protected]. In case of any clarification please contacts us through [email protected].
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SECTION VI: STANDARD FORMS OF CONTRACT
AGREEMENT
FOR
__________________________________
THIS AGREEMENT is made and entered into between MICRO ENTERPRISE SUPPORT
PROGRAMME TRUST registered under Trustees (Perpetual Succession) ACT, CAP 164 the Laws of
the Republic of Kenya of P.O. Box 187 Sarit Centre 00606 Nairobi, aforesaid, and having its offices at
MESPT PLAZA, Tausi Road, Westlands, Nairobi aforesaid (hereinafter referred to ‘Trust’, which
expression shall, where the context so admits include its successors in title and assigns) of the one part;
-And-
Whereas the Trust requested bids for _________________________ (“the said services”) and has now
accepted the bids by the Service provider for the provision of the said services at an all-inclusive cost of
Ksh. _________________ (Kenya Shillings _____________________________ Only inclusive of VAT
- the contract price). This amount shall be subjected to a 5% withholding payable directly to KRA.
1. The “Trust Notification of Award Letter” dated _________________ be deemed to form, be read, and
construed as part of this Agreement.
2. The Trust intends to accomplish the following objectives under this Agreement:
________________________________________________________________________
3. The Service provider has undertaken to ensure that the objective(s) in clause 2 are met consequent to
the discharge of its obligations herein.
4. The Service provider shall provide the said services as per the “scope of assignment” below
_____________________________________________________________________
_____________________________________________________________________
6. The service provider shall commence the said works upon execution of this contract and execute
them for a maximum period of __________ days (from the contract signing date) for the entire
assignment
8. It is understood that the Trust will not be required to make any further payments in addition to the
contract price to the Service provider. The Service provider will bear all costs associated with the
said services, unless otherwise agreed in writing.
9. The Trust shall designate __________________, to oversee the coordination of activities under
this Agreement, ensure quality control and standardization of the assignment’s processes and
outputs.
10. The Service provider shall perform the said services and carry out its obligations herein with all
due diligence, efficiency and economy, in accordance with generally accepted professional
standards and practices, and shall observe sound management practices and employ appropriate
technology, safe and effective equipment, machinery, materials and methods.
11. The Service provider shall always act, in respect of any matter relating to this Contract, as a
faithful advisor to the Trust and shall at all times support and safeguard the Trust ’s legitimate
interests in any dealings with third parties.
12. The Service provider undertakes to perform the said services with the highest standards of
professional and ethical competence and integrity.
13. The Service provider shall not, during and after the term of this Agreement, disclose any
proprietary or confidential information relating to the said services or the Trust’s operations or
business without the prior written consent of the Trust.
14. Any studies, reports or other materials, graphics, software or otherwise prepared by the Service
provider for the Trust under this Agreement shall belong to and remain the property of the Trust.
The Service provider shall not use such property for any other purpose unless prior express consent
is given by the Trust.
15. The Trust may assign this Agreement to another Entity or organ if it becomes necessary to do so,
provided the Service Provider is consulted. The Service provider shall not assign this Agreement
or sub-contract any portion of it without the Trust’s prior written consent.
16. Failure to provide the said services as envisaged in the Agreement within the time provided for in
the Agreement without giving a reasonable explanation will lead to termination of the contract.
Upon such termination, they will refund the contract price already paid to it.
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17. The Trust will raise any concerns it has with the Service Provider, before terminating the
Agreement, if at any time it is of the opinion that the Service provider is not discharging its
obligations as herein provided.
18. The Trust, may, in consultation with the Service provider, amend this Agreement for the purposes
of achieving the desired objectives in clause 2. However, such amendment will only come into
force after it is reduced in writing and executed by both parties.
19. General:
a) No failure or delay by the Trust in exercising any claim, right, remedy, power or privilege under
this Agreement shall operate as a waiver thereof nor shall any single or partial exercise or waiver
of any claim, right, remedy, power or privilege preclude its further exercise or the exercise of any
other claim, right, remedy, power or privilege.
b) Each of the provisions of this Agreement is severable and distinct from the others and if at any
time one or more of such provisions is or becomes invalid, illegal or unenforceable the validity,
legality and enforceability of the remaining provisions hereof shall not in any way be affected or
impaired thereby.
This Agreement shall be governed by and be construed in accordance with the Laws of Kenya.
Should any dispute, controversy or claim arising out of or in connection with this Agreement,
including but not limited to any question regarding its interpretation, existence or validity, the
parties shall in the first instance, seek to resolve such dispute by mutual consultations.
Should such consultations fail to achieve a resolution within seven (7) working days, either party
may declare a dispute by written notification to the other whereupon such dispute shall be referred
to arbitration for final resolution under the provisions of the Arbitration Act, 1995 or any statutory
modification or re-enactment thereof.
The tribunal shall consist of one arbitrator to be appointed by agreement between the parties within
fourteen (14) days of the first date when any party gives notice of the identity of the proposed
arbitrator and failing such agreement, to be appointed by the Chairman for the time being of the
Chartered Institute of Arbitrators, Kenya Branch. The seat of the arbitration shall be Nairobi and
the language of the arbitration shall be English. The award of the arbitration tribunal shall be final
and binding upon the parties to the extent permitted by law and either party may apply to a court of
competent jurisdiction for enforcement of such award.
21. Notwithstanding the foregoing, a party is entitled to seek preliminary injunctive relief or interim or
conservatory measures from any court of competent jurisdiction pending the final decision or
award of the arbitrator.
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22. Anti-Corruption Clause
No payment, consideration or benefit of any kind, which could be regarded as an illegal or corrupt
practice, shall be made, promised or accepted – directly or indirectly – as an inducement or reward
in relation to activities funded under this contract, including tendering, award, or execution of
contract. Any such practice will be grounds for the immediate cancellation of this contract and for
such additional action, civil and /or criminal as may be appropriate.
If any of the above, comes to the knowledge of MESPT the contract will be terminated with
immediate effect and legal action taken. Any advance payment not accounted for will be requested
to be paid back.
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IN WITNESS WHEREOF this contract has been duly executed by or on behalf of Parties:
SIGNED by
________________________ ) Name______________________________
) Signature__________________________
) Date______________________________
LIST OF APPENDICES
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LETTER OF NOTIFICATION OF AWARD
To:
Tender Name
This is to notify that the contract/s stated below under the above-mentioned tender have been awarded to
you.
2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter
of notification of award.
(FULL PARTICULARS)
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