None

Buyer Name
MINISTRY OF ENVIRONMENT AND FORESTRY
Total no. of suppliers
1
Supplier name
EMERALD ENVIRONMENT LIMITED

Description

REPUBLIC OF KENYA      MINISTRY OF ENVIRONMENT AND FORESTRY  REQUEST FOR PROPOSAL   FIRMS/INDIVIDUALS   TENDER NO: MOE&F/MEAS/RFP/014/2018 -2019  FOR  REQUEST FOR PROPOSAL - CONSULTANCY SERVICES FOR PROJECT LEAD CONSULTANT , LEGAL AND POLICY CONSULTANT, ECONOMIST AND FINANCIAL CONSULTANT AND EDUCATION, INFORMATION AND TECHNOLOGY CONSULTANT TO DEVELOP A NATIONAL OVERVIEW OF THE ARTISANAL SMALL-SCALE GOLD MINING (ASGM) SECTOR                   CLOSING DATE: Tuesday 20th February, 2019                 AT 11.00 A.M. (EAST AFRICAN TIME) Page 2 of 77   TABLE OF CONTENTS            Page   SECTION I.   Letter of Invitation ……………………………   3  SECTION II.   Information to consultants……………………  5      Appendix to information to Consultants……  15   SECTION III   Technical Proposal   …………………………….  17   SECTION IV.   Financial Proposal   ………… ………………….  28    SECTION V   Terms of Reference…………………………………  35  SECTION VI.   Standard Forms of Contract………………………  57   ANNEXES:   Annex I.   Large Assignments:   Lump-Sum Payments ………  60                     Page 3 of 77   SECTION I - INVITATION TO TENDER   Date:    29th, January 2019 Tender No.  MOE&F/MEAS/RFP/014/2018 -2019 Tender Name:  Request for Proposal- Consultancy Services for Project Lead   Consultant, Legal and Policy Consultant, Economist and Financial Consultant and Education, Information and Technology Consultant to develop a National Overview of the Artisanal Small-Scale Gold Mining (Asgm) Sector      1.1 The Ministry of Environment and Forestry (ME&F) invites sealed proposals for the consultancy services as detailed in the tender document  1.2 The request for proposals (RFP) includes the following documents:  Section I  - Invitation to tender Section II  - Information to consultants    Appendix to Consultants information Section III - Terms of Reference Section IV - Technical proposals Section V  - Financial proposal Section VI - Standard Contract Form Section VII  - Form of tender  1.3A  complete  set  of  request for proposal  documents  may  be  obtained from Ministry of Environment and Forestry, Ragati Road, NHIF Building, 11th floor, Supply Chain Management Office room 1104 during normal working hours by  interested candidates upon payment of a non-refundable fees of Ksh1,000  in cash or Bankers Cheque payable to Principal Secretary, Ministry of Environment and Forestry, P.O. Box 30126, 00100 Nairobi, Kenya or download for free from Ministry’s website www.environment.go.ke or http:supplier.treasury.go.ke. and must inform the Ministry of Environment and Forestry, Supply Chain Management Services immediately for recording purpose. The firms/individuals that download the document must arrange to forward their details to the Head of procurement, Ministry of Environment and Forestry, NHIF building, Ragati Road, NHIF building, 11th floor 1102 before the closing date for recording and for purposes of receiving clarifications and /or addendum if any or through email address procurement@environment.go.ke.    1.4     Prices quoted should be net inclusive of all taxes and delivery costs, must be expressed in Kenya shillings and shall remain valid for period of (120) days from the closing date of the tender.  Duly completed tender documents should be submitted in an enclosed two plain sealed envelopes clearly marked:  a) Technical proposal for Request for Proposal- Consultancy Services for Project Lead Consultant , Legal and Policy Consultant, Economist and Financial Consultant and Education, Information and Technology Consultant to develop a Page 4 of 77  National Overview of the Artisanal Small-Scale Gold Mining (ASGM) Sector b) Financial proposal to develop a National Overview of the Artisanal Small-Scale Gold Request for Proposal- Consultancy Services for Project Lead Consultant , Legal and Policy Consultant, Economist and Financial Consultant and Education, Information and Technology Consultant to Mining (Asgm) Sector , and marked with the tender number and be deposited in the tender box provided at Ragati Road, N.H.I.F. Building, 11th floor Ministry of Environment and Forestry Tender Box or be addressed and posted to (Principal Secretary, Ministry of Environment and Forestry P.O. Box 30126 NAIROBI to be received on or before Wednesday 20th February, 2019 at 11.00 A.M East African time.  1.5     Tenders will be opened immediately thereafter in the presence of the tenderers representatives who choose to attend the opening at Ragati Road, N.H.I.F. Building, Ministry of Environment and Forestry Tender Box located at 11th floor, and at the Ministry’s Conference room located at 12th floor. 1.6     Tenderers are allowed to apply for one or more consultancy services.    Principal Secretary  Ministry of Environment and Forestry                          Page 5 of 77  SECTION II – INFORMATION TO CONSULTANTS (ITC)  Table of Contents              Page 2.1 Introduction         6  2.2 Clarification and amendment of RFP document   7  2.3 Preparation of Technical Proposal     8  2.4 Financial proposal        8  2.5 Submission, Receipt and opening of proposals   9  2.6 Proposal evaluation general      10       2.7 Evaluation of technical proposal     10  2.8 Public opening and Evaluation of financial proposal  11  2.9 Negotiations         12  2.10 Award of Contract        13  2.11 Confidentiality        13  2.12 Corrupt or fraudulent practices      14                Page 6 of 77  SECTION II: - INFORMATION TO CONSULTANTS (ITC)  2.1 Introduction  2.1.1 The Client named the Appendix to “ITC” will select a firm among those invited to submit a proposal, in accordance with the method of selection detailed in the appendix. The method of selection shall be as indicated by the procuring entity in the Appendix.    2.1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Appendix “ITC” for consulting services required for the assignment named in the said Appendix.  A Technical Proposal only may be submitted in assignments where the Client intends to apply standard conditions of engagement and scales of fees for professional services which are regulated as is the case with Building and Civil Engineering Consulting services.  In such a case the highest ranked firm of the technical proposal shall be invited to negotiate a contract on the basis of scale fees.  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 first hand 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 The ME&F 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 ME&F employees, committee members, board members and their relative (spouse and children) are not eligible to participate.  2.1.7 The price to be charged for the tender document shall be NIL where the documents are downloaded from the website.  2.1.8 The ME&F shall allow the tenderer to review the tender document free of charge before purchase.  Page 7 of 77  2.2 Clarification and Amendment of RFP Documents  2.2.1 Consultants may request a clarification of any of the RFP documents only up to seven [7] days before the proposal submission date. Any request for clarification must be sent in writing by paper mail, cable, telex, facsimile or electronic mail to the Client’s address indicated in the Appendix “ITC”.  The Client will respond by cable, telex, facsimile or electronic mail to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited consultants who intend to submit proposals.  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 mail, cable, telex or facsimile to all invited consultants and will be binding on them.  The Client may at his discretion extend the deadline for the submission of proposals.  2.3 Preparation of Technical Proposal   2.3.1 The Consultants proposal shall be written in English language  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.  Page 8 of 77  (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.  (vi) Estimates of the total staff input (professional and support staff stafftime) 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.  (viii) Any additional information requested in Appendix “A”.  2.3.5 The Technical Proposal shall not include any financial information.  2.4 Preparation of Financial Proposal  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 Page 9 of 77  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.  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 150 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.  2.5 Submission, Receipt, and Opening of Proposals  2.5.1 The original proposal (Technical Proposal and, if required, Financial Proposal; see para. 1.2) shall be prepared in indelible ink.  It shall contain no interlineation or overwriting, except as necessary to correct errors made by the firm itself.  Any such corrections must be initialed by the persons or person authorised to sign the proposals.  2.5.2 For each proposal, the consultants shall prepare the number of copies indicated in Appendix “A”. Each Technical Proposal and Financial Proposal shall be marked “ORIGINAL” or “COPY” as appropriate.  If there are any discrepancies between the original and the copies of the proposal, the original shall govern.  2.5.3 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked “TECHNICAL PROPOSAL,” and the original and all copies of the Financial Proposal in a sealed envelope clearly marked “FINANCIAL PROPOSAL” and warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL”.  Both envelopes shall be placed into an outer envelope and sealed.  This outer envelope shall bear the submission address and other information indicated in the Appendix “ITC” and be clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE TENDER OPENING COMMITTEE.”  2.5.4 The completed Technical and Financial Proposals must be delivered at the submission address on or before the time and date stated in the Appendix “ITC”.  Any proposal received after the closing time for submission of proposals shall be returned to the respective consultant unopened.  Page 10 of 77  2.5.5 After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the opening committee.  The Financial Proposal shall remain sealed and deposited with a responsible officer of the client department up to the time for public opening of financial proposals.  2.6 Proposal Evaluation General  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 Evaluation   The evaluation committee appointed by the Client shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference applying the technical specifications , special conditions and general conditions  as follows  2.7.0 Evaluation Criteria  The tenders submitted will be evaluated in three (3) stages; Preliminary/Mandatory, Technical and Financial. The evaluation criteria will be based on the following weights: -  1 Preliminary/Mandatory – Pass/Fail 2 Technical    –  Out of 100%  with a pass mark of 60% 3 Financial     – Lowest technically evaluated bidder                   Page 11 of 77  2.8 Public Opening and Evaluation Criteria of Financial Proposal  2.8.1 After Technical Proposal evaluation, the Client shall notify those consultants whose proposals did not meet the minimum qualifying mark or were considered non-responsive to the RFP and Terms of Reference, indicating that their Financial Proposals will be returned after completing the selection process.  The Client shall simultaneously notify the consultants who have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals and stating that the opening ceremony is open to those consultants who choose to attend. The opening date shall not be sooner than seven (7) days after the notification date.  The notification may be sent by registered letter, cable, telex, facsimile or electronic mail.  2.8.2 The Financial Proposals shall be opened publicly in the presence of the consultants’ representatives who choose to attend.  The name of the consultant, the technical Scores and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened.  The Client shall prepare minutes of the public opening.  2.8.3 The evaluation committee will determine whether the financial proposals are complete (i.e. whether the consultant 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.  2.8.4 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 subclause are applied.  Details of such proof shall be attached by the Consultant in the financial proposal.  2.8.5 The formulae for determining the Financial Score (Sf) shall, unless an alternative formulae is indicated in the Appendix “ITC”, be as follows:-  Sf = 20 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:-  Page 12 of 77   S = St x T % + Sf x P %.    The firm achieving the highest combined technical and financial score will be invited for negotiations.  2.8.6 The tender evaluation committee shall evaluate the tender within 30 days of from the date of opening the tender.  2.8.7 Contract price variations shall not be allowed for contracts not exceeding one year (12 months).  2.8.8 Where contract price variation is allowed, the variation shall not exceed 15% of the original contract price  2.8.9 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  firm that 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 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.  Page 13 of 77  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 ME&F shall appoint a team for the purpose of the negotiations.  2.10 Award of Contract   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 and return the Financial Proposals of those consultants who did not pass the technical evaluation.  2.10.2The 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 an administrative review request.  2.10.4 The ME&F 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 ME&F 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.  2.11 Confidentiality  2.11.1Information 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 Corrupt or fraudulent practices  2.12.1The ME&F 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. Page 14 of 77   2.12.2 The ME&F 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.  2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya.   APPENDIX  “A”  Clause Reference   Appendix  to Information to Consultants  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  and to consultants and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the information to consultants.  Clause Reference  2.1 The name of the Client is:   Principal Secretary Ministry of Environment and Forestry  2.1.1The method of selection is: Quality Cost Based Selection (QCBS)  2.1.2 Technical and Financial Proposals are requested: Yes   The name, objectives, and description of the assignment are as per Terms of Reference provided.   2.1.3 A pre-proposal conference will be held: No  The name(s), address (es) and telephone numbers of the Client’s official(s) are:                            Principal Secretary         Ministry of Environment and Forestry         P.O. Box 30126 00100 Nairobi, KENYA          2.1.4 The Client will provide the following inputs:  as per the Terms of Reference provided.  2.1.5 (i) The estimated number of professional staff days required for the assignment is; 20 - 45 working days  (ii)     The minimum required experience of proposed professional staff is as stated in the document provided  2.1.6 (iii) Training is a specific component of this assignment: No   (iv) Additional information in the Technical Proposal includes: As per Terms of Reference provided  2.1.7 Taxes: financial proposal should be inclusive of all taxes payable under this contract.  2.5.2 Consultants must submit an original and  one (1No) additional hard copy    Page 16 of 77  2.5.3 The proposal submission address is as shown below: Information on the outer envelope should also include: “Do Not Open Before  Wednesday, 20th February, 2019 at 11.00 a.m East African Time”  2.5.4 2.5.4 Proposals must be submitted no later than the following date and time: Wednesday, 20th February, 2019 at 11.00 a.m East African Time”  2.6.1 The address to send information to the Client is:                                 Principal Secretary        Ministry of Environment and Forestry        P.O. Box 30126 00100 Nairobi, KENYA        3.7.1 The minimum technical score required to pass is 60 out of 100  points  2.7.1 Alternative formulae for determining the financial scores is the following Not Applicable  The assignment is expected to commence on immediately after signing of contract.  2.9.2 Payment  terms : Full payment after completion of the assignment    SECTION III: - TECHNICAL PROPOSAL   Preparation of the Technical Proposals   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 consultants 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.                             Page 18 of 77  SECTION III -  TECHNICAL PROPOSAL    Table of Contents             Page 1. Technical proposal submission form    19  2. Firms references       20  3. Comments and suggestions of consultants on the  Terms of reference and on data, services and Facilities to be provided by the procuring entity  21  4. Description of the methodology and work plan for performing the assignment     22  5. Team composition and Task assignments   23  6. Format of curriculum vitae (CV) for proposed  Professional staff       24  7. Time schedule for professional personnel   26  8. Activity (work schedule)      27                        Page 19 of 77  1.  TECHNICAL PROPOSAL SUBMISSION FORM  [_______________ Date]  To: ______________________[Name and address of Client)  Ladies/Gentlemen:  We, the undersigned, offer to provide the consulting services for __________________ _______________________________[Title of consulting services] in accordance with your Request for Proposal dated ______________________[Date] and our Proposal.  We are hereby submitting our Proposal, which includes this Technical Proposal, [and a Financial Proposal sealed under a separate envelope-where applicable].  We understand you are not bound to accept any Proposal that you receive.  We remain,  Yours sincerely,     _______________________________[Authorized Signature]:   ________________________________[Name and Title of Signatory]:   _________________________________[Name of Firm]:   _________________________________[Address:]                 Page 20 of 77  2.  FIRM’S REFERENCES  Relevant Services Carried Out in the Last three Years That Best Illustrate Qualifications  Using the format below, provide information on each assignment for which your firm either individually, as a corporate entity or in association, was legally contracted.  Assignment Name:                                          Country                                                                      Location within Country:                                 Professional Staff provided by Your                                                                                                                                  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):                                                   Name of Associated Consultants.  If any:                                                                         No of Months of Professional                                                                          Staff provided by Associated Consultants: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:   Narrative Description of project:   Description of Actual Services Provided by Your Staff:       Firm’s Name:  ______________________________________      Name and title of signatory; ________________________                 (May be amended as necessary)    Page 21 of 77  3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT.    On the Terms of Reference:  1.  2.  3.  4.  5.  On the data, services and facilities to be provided by the Client:  1.  2.  3.  4.  5.                   Page 22 of 77  14.DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT                  Page 23 of 77  5.  TEAM COMPOSITION AND TASK ASSIGNMENTS       1.  Technical/Managerial Staff  Name Position Task                             2.    Support Staff  Name Position Task                                    Page 24 of 77  6.  FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF  Proposed Position:  _____________________________________________________________  Name of Firm:  _________________________________________________________________  Name of Staff: __________________________________________________________________  Profession:  _____________________________________________________________________  Date of Birth:  __________________________________________________________________  Years with Firm:  ___________________________  Nationality:  ______________________  Membership in Professional Societies:  __________________________________________   Detailed Tasks Assigned:  _______________________________________________________   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.] Attach copies of certificates    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.]           Page 25 of 77  Certification:  I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.   _________________________________________________________ Date:  ________________ [Signature of staff member]  ___________________________________________________________________   Date; ______________ [Signature of authorised representative of the firm]   Full name of staff member:  _____________________________________________________   Full name of authorized representative:  _________________________________________                                  Page 26 of 77  7.  TIME SCHEDULE FOR PROFESSIONAL PERSONNEL           Days (in the Form of a Bar Chart) Name Position Reports Due/ Activities  1  2  3  4  5  6  7  8  9  10  11   12 Number of days                           Reports Due:    _________  Activities Duration:  _________       Signature: ________________________      (Authorized representative)       Full Name: ________________________       Title: ______________________________  Address: ___________________________                    Page 27 of 77  8.  ACTIVITY (WORK) SCHEDULE  (a).  Time frame                                       [1st, 2nd, etc, are days from the start of assignment)   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th                 Activity (Work)                                                                            (b). Completion and Submission of Reports  i) Prepare an Inception Report which shall be ready within the first 5 days upon signing of contract. (ii) Prepare a Draft Report to be finalized within the next 10 days after Preparation of Inception Report. (i) Participate in a Seminar/Workshop to subject the draft report to the scrutiny of stakeholders within a period of 5 days after Preparation of  a Draft Report (ii) Submit Final Draft Report 5 days after the Organization of  Seminar / Workshop with stakeholders                      Page 28 of 77  SECTION IV: - FINANCIAL PROPOSAL   Preparation of Financial Proposal  2.1 The Financial proposal prepared by the consultant 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 the Ministry of Environment & Forestry.  2.2 The financial proposal shall be in Kenya Shillings and shall take into account the tax liability and cost of insurances specified in the request for proposal.  2.3 The financial proposal should be prepared using the Standard forms provided in this part                                   Page 29 of 77  SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS  Table of Contents                Page 1. Financial proposal submission Form     30  2. Summary of costs        31  3. Breakdown of price/per activity      32  4. Breakdown of remuneration per activity     33  5. Reimbursables per activity       34  6. Miscellaneous expenses       34                       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]:                               _______________________ [Name of Firm]                                ______________________ [Address]              Page 31 of 77  2.  SUMMARY OF COSTS  Costs Currency(ies) Amount(s)    Subtotal  Taxes  Total Amount of Financial Proposal           __________________                                     Page 32 of 77  3.  BREAKDOWN OF PRICE PER ACTIVITY    Activity NO.:  _______________________               Description:_________________________ Price Component              Amount(s) Remuneration  Reimbursables  Miscellaneous Expenses      Subtotal                   _______________________________                                  Page 33 of 77  4.  BREAKDOWN OF REMUNERATION PER ACTIVITY   Activity No. _________________________________       Name:_______________________   Names              Position      Input(Staff months,       Remuneration           Amount                                           days or hours                Rate                                           as appropriate.)  Regular staff  (i) (ii)  Consultants  Grand Total                                                                                            ______________                                Page 34 of 77  5.  REIMBURSABLES PER ACTIVITY  Activity No:  ________________________________            Name:______________________  No. Description Unit Quantity Unit Price  Total Amount   1  2.  3.  Road travel  Rail travel  Subsistence Allowance  Grand Total    Kms  Kms  Day           ____________  6.  MISCELLANEOUS EXPENSES  Activity No.  ______________________________ Activity Name: _______________________  No.  1.    2.   3.  4. Description  Communication costs____ _________________________ (telephone, telegram, telex)  Drafting, reproduction of reports  Equipment: computers etc.  Software  Grand Total    Unit Quantity Unit Price Total Amount             ______________            Page 35 of 77  TERMS OF REFERENCE 1. CONSULTANCY SERVICES FOR PROJECT LEAD NATIONAL CONSULTANT TO DEVELOP A NATIONAL OVERVIEW OF THE ARTISANAL SMALL-SCALE GOLD MINING (ASGM) SECTOR   1. Background  Kenya  has received a grant from the Global Environment Facility towards deelopment of a natioal action Plan NAP  to address artisal gold mining in Kenya under the Minamata convention on mercury The background information on the convention is available on www.minamata.org. Specifically the guideline for develop a NAP is detailed in the document.  2. Objective of the Consultancy  The overall objective of the consultancy is to establish a national overview of the ASGM sector, including baseline estimates of mercury use and practices and thus gets a full understanding of comprehensive information of the ASGM sector in Kenya using the methodology developed by UN Environment.   3. Methodology  The baseline study will help develop a national overview of the ASGM sector in Kenya and will entail the following.   1. Desk study that will entail compiling all available information on ASGM. The desk study will be complemented by the interviews with the key stakeholders at the national and local level. 2. Field visits at the selected ASGM sites in Kenya in order to collect more in depth information via interviews with mining community, observations and physical measurements.   4. Scope of Work  The lead consultant will use three other thematic consultants to gather national information on the following, using the methodology developed by the UN Environment and contained in the UNEP document for guidelines towards development of National Action Plan on Artisanal Gold Mining.  a) Legal and regulatory status of ASGM in Kenya ; b) Analyse  Kenyas commitments  under all the relevant articleas of the Minamata Convention on Mercury  c) Baseline estimates of mercury emissions and releases from the ASGM sector; Using the Minamata Convention guidelines; d) Baseline estimates of mercury emissions and releases from the ASGM sector; Using the Minamata Convention guidelines; e) Policies surrounding ASGM as detailed in the convention; f) Geographic distribution of ASGM; Page 36 of 77  g) Economics, such as earnings per capita, mercury supply, use and demand, information on gold trade and export, cost of living, and access to finance for miners. The project will search in particular for information about gender and children aspects of the ASGM economics; h) Size of the formal and informal ASGM economy; i) Information about access to basic education, health care (including health effects of mercury exposure) and other services in mining communities; j) Information about access to technical assistance for miners; k) Leadership and organization of ASGM at national and local levels. l) Information gaps at the local and national scale that can be addressed; m) Known information about the influence of ASGM practices and policies in neighbouring countries.  5. Task of the Consultant  a) Plan team  field trips (e.g. choose  ASGM areas to visit, schedule trip, etc.) and make needed logistical arrangements;  b) Collect and analyse data during field research trips (e.g. visit mining sites, interview miners and their families, etc.), based on UN Environment toolkit and NAP guidance document;  c) Conduct desk research on available information on ASGM sector in Kenya, according to the categories listed above;  d) Develop a draft and finalize national overview of legal and policy aspects of the ASGM sector, and develop problem statement list.   6. Experiences for the Consultant  The project will be awarded to a recognized firm/individual which can propose a research team with the following criteria:    Mercury inventory using UNEP Tool Kit  Previous experience in the mining sector especially within ASM and with community based enterprises will be an advantage.   Demonstrable policy on research ethics including protection and respect for privacy; and disclosure of conflict of interest.  Expert knowledge of research techniques and participatory research methods as well as of quantitative research methods.   Ability to present data concisely and clearly.   Experience of conducting social economic and financing baseline studies, impact assessments, at national and regional level.   5 years’ proven experience in the  social economic  sector  Knowledge of existing research networks, international partnerships and experience in the ASGM sector.      Page 37 of 77  7. Qualifications  The lead consultant will be able to work with diverse professionals and experts and  may have the following qualifications: 1. Educational background at the highest levels but 2. Minimum educational background:  Geology, Mining engineering economics, Finance, mining, engineering, Law, Policy, Social Sciences and Natural Sciences etc. 3. Professional experience in the dealing with communities and other vulnerable groups mining sector with special emphasis in ASGM . 4. Past consulting experiences in baseline surveys/assessments and dealing with chemicals multilateral environmental agreements for example Minamata Convention on Mercury will be an added advantage. 5. Knowledge of national, regional and financing mechanisms such as the Global Environment Facility GEF international legislations including on international conventions and especially the Minamata Convention. 6. Skills in data acquisition and management, and basic knowledge of the scientific method. 7. Good problem-solving skills, open minded, able to take initiative and be proactive in daily tasks 8. Excellent experiences in stakeholder engagement. 9. Past trainings on UN environment on conducting mercury inventory will be an added advantage.  8.  I. Deliverables   I. After receiving final reports from the three consultants namely; legal and policy, economic and finance, education and information the lead consultant will:-  (i) Prepare an Inception Report which shall be ready within the first 5 days of the review period. (ii) Prepare a Draft Report to be finalized within four 10 days after Preparation of an Inception Report. iii)  Organize Seminars and Workshops (numbering 3) to subject the draft report to the scrutiny of stakeholders within a period of 20 days after Preparation of a Draft Report iv) Submit Final Draft Report 10 days after the final Organization of  Seminars and Workshops  Overall the consultancy is expected to take approximately 45 days.    II. Deliverables:  (i) A technical proposal/inception report with a detailed workflow for the assignment (including proposed timelines, milestones and deliverables) within 3 days of the commencement of this assignment.  (ii) Develop an outline of the NAP on ASGM based on UNEP guideline. Page 38 of 77  (iii) Chapter on the Context/ situation analysis including achievements and lessons from past National action plan; threats, opportunities and stakeholder analysis. (iv) A first draft of the NAP including the outcomes of the 1st  coordination meeting/workshop  (v) Second draft following stakeholder consultations  (vi) Final National Action  Plan submitted in soft and five (5) spiral bound copies- incorporating, automated monitoring framework and implementation  plan among other relevant strategic elements  9. Requirements for Submission:   A technical proposal detailing the methodology to undertake the assignment and work-plan;  Indication of earliest availability;  Financial proposal detailing professional fees   Curriculum Vitae of lead consultant  and associates  Contact details of at least 3 references for similar type of work, with consent to check references where deemed necessary.  The selection of the consultant will be done in accordance with procedures set out in the Public procurement Legal Framework  10. Duration of assignment, duty of station and expected places of travel The assignment is expected to be carried out after signing of contract   11. Remuneration The remunerations will be considered as follows: Duration is approximately 45 working days  Payment will be based on Government of Kenya terms and condition for the relevant contract modality.  Payment will be done after completion of the assignment.   12. Application process  Interested and qualified candidates should submit their applications which should include the following:  Technical proposal explaining why you are the most suitable for the work   Provide a brief methodology on how they will approach and conduct the work.  Financial proposal indicating break down of activities/ tasks and the daily rates, total amount per each task and the lump sum amount for the total deliverables.  Personal CV including past experience in similar projects and at least 3 references.        Page 39 of 77  2. CONSULTANCY SERVICES FOR LEGAL AND POLICY CONSULTANT TO DEVELOP A NATIONAL OVERVIEW OF THE ARTISANAL SMALL-SCALE GOLD MINING (ASGM) SECTOR   1. Background  Kenya  has received a grant from the Global Environment Facility towards deelopment of a natioal action Plan NAP  to address artisal gold mining in Kenya under the Minamata convention on mercury The background information on the convention is available on www.minamata.org. Specifically the guideline for develop a NAP is detailed in the document.  2. Objective of the Consultancy  The overall objective of the consultancy is establish a national overview of the ASGM sector, including baseline estimates of mercury use and practices and thus gets a full understanding of comprehensive information of the ASGM sector in Kenya using the methodology developed by UN Environment.   3. Methodology  The baseline study will help develop a national overview of the ASGM sector in Kenya and will entail the following.   I. Desk study that will entail compiling all available information on ASGM. The desk study will be complemented by the interviews with the key stakeholders at the national and local level. II. Field visits at the selected ASGM sites in Kenya in order to collect more in depth information via interviews with mining community, observations and physical measurements.   4. Scope of Work  The Legal and Policy consultant will gather national information on the following, using the methodology developed by the UN Environment. a) Legal and regulatory status of Mining in general and artisanal gold mining ( ASGM) in particular; b) Policies surrounding ASGM; Geographic distribution of ASGM; c) Economics, such as earnings per capita, mercury supply, use and demand, information on gold trade and export, cost of living, and access to finance for miners. The project will search in particular for information about gender and children aspects of the ASGM economics; d) Size of the formal and informal ASGM economy; e) Information about access to basic education, health care (including health effects of mercury exposure) and other services in mining communities; f) Information about access to technical assistance for miners; g) Leadership and organization of ASGM at national and local levels. h) Information gaps at the local and national scale that can be addressed; Page 40 of 77  i) Known information about the influence of ASGM practices and policies in neighbouring countries.   5. Task of the Consultant  a)  Analyse  Kenyas commitments under all the relevant articles of the Minamata Convention on Mercury  b) Plan field trips (e.g. choose areas to visit, schedule trip, etc.) and make needed logistical arrangements;  c) Collect and analyse data during field research trips (e.g. visit mining sites, interview miners and their families, etc.), based on UN Environment toolkit and NAP guidance document;  d) Conduct desk research on available information on ASGM sector in Kenya, according to the categories listed above;  e) Develop a draft and finalize national overview of legal and policy aspects of the ASGM sector, and develop problem statement list.   6. Experiences for the Consultant  The project will be awarded to a recognized firm/individual which can propose a research team with the following criteria:    Experience of conducting social economic and financing baseline studies, impact assessments, at national and regional level.   5 years’ proven experience in the  social economic  sector  Knowledge of existing research networks, international partnerships and experience in the ASGM sector.   Previous experience in the mining sector especially within ASM and with community based enterprises will be an advantage.   Expert knowledge of research techniques and participatory research methods as well as of quantitative research methods.   Ability to present data concisely and clearly.   Demonstrable policy on research ethics including protection and respect for privacy; and disclosure of conflict of interest.   7.  Qualifications  The lead consultant will be able to work with diverse professionals and experts and may have the following qualifications: 1. Minimum educational background: , economics, Finance mining, engineering,  Law, Policy, Social Sciences and Natural Sciences etc. 2. Professional experience in the dealing with communities and other vulnerable groups mining sector with special emphasis in ASGM . 3. Past consulting experiences in baseline surveys/assessments and dealing with chemicals multilateral environmental agreements for example Minamata Convention on Mercury will be an added advantage. Page 41 of 77  4. Knowledge of national, regional and financing mechanisms such as the Global Environment Facility GEF international legislations including on international conventions and especially the Minamata Convention. 5. Skills in data acquisition and management, and basic knowledge of the scientific method. 6. Good problem-solving skills, open minded, able to take initiative and be proactive in daily tasks 7. Excellent experiences in stakeholder engagement. 8. Past trainings on UN environment on conducting mercury inventory will be an added advantage.  8. Deliverables  The legal and policy consultant to be hired will be required to:-  a. Prepare an Inception Report which shall be ready within the first 5 days upon signing of contract. b. Prepare a Draft Report to be finalized within the next 10 days after Preparation of Inception Report. c. Organize Seminar/Workshop to subject the draft report to the scrutiny of stakeholders within a period of 5 days after Preparation of  a Draft Report d. Submit Final Draft Report 5 days after the Organization of  Seminar / Workshop with stakeholders  Overall the consultancy is expected to take approximately 25 working days.    9. Requirements for Submission:   A technical proposal detailing the methodology to undertake the assignment and work-plan;  Indication of earliest availability;  Financial proposal detailing professional fees   Curriculum Vitae of lead consultant with a minimum of a Master’s Degree   Contact details of at least 3 references for similar type of work, with consent to check references where deemed necessary.  The selection of the consultant will be done in accordance with procedures set out in the Public procurement Legal Framework  10. Duration of assignment, duty of station and expected places of travel The assignment is expected to be carried out after signing of contract.     11.  Remuneration The  remunerations will be considered as follows: Duration  is 25 days  Payment will be based on Government of Kenya terms and condition for the relevant contract modality.  Payment will be done after completion of the assignment.  Page 42 of 77      12.  Application process  Interested and qualified candidates should submit their applications which should include the following:   Technical proposal explaining why you are the most suitable for the work   Provide a brief methodology on how they will approach and conduct the work.  Financial proposal indicating break down of activities/ tasks and the daily rates, total amount per each task and the lump sum amount for the total deliverables.  Personal CV including past experience in similar projects and at least 3 references.  3. CONSULTANCY SERVICES FOR ECONOMIST AND FINANCIAL CONSULTANT TO DEVELOP A NATIONAL OVERVIEW OF THE ARTISANAL SMALL-SCALE GOLD MINING (ASGM) SECTOR   1. Background  Kenya  has received a grant from the Global Environment Facility towards deelopment of a natioal action Plan NAP  to address artisal gold mining in Kenya under the Minamata convention on mercury The background information on the convention is available on www.minamata.org. Specifically the guideline for develop a NAP is detailed in the document.  2. Objective of the Consultancy  The overall objective of the consultancy is establish a national overview of the ASGM sector, including baseline estimates of mercury use and practices and thus gets a full understanding of comprehensive information of the ASGM sector in Kenya using the methodology developed by UN Environment.   3. Methodology  The baseline study will help develop a national overview of the ASGM sector in Kenya and will entail the following.   3. Desk study that will entail compiling all available information on ASGM. The desk study will be complemented by the interviews with the key stakeholders at the national and local level. 4. Field visits at the selected ASGM sites in Kenya in order to collect more in depth information via interviews with mining community, observations and physical measurements.   4. Scope of Work  The Economist and Financial consultant will gather national information on the following, using the methodology developed by the UN Environment.   a) Economics and financial status of ASGM; b) Baseline estimates of mercury emissions and releases from the ASGM sector; Using the Minamata Convention guidelines; Page 43 of 77  c) Research and analyse economic status on ASGM d) Conduct surveys and collect data e) Analyse data using mathematical models and statistical techniques f) Prepare reports, tables, and charts that present research results g) Interpret and forecast market trends; h) Economics, such as earnings per capita, mercury supply, use and demand, information on gold trade and export, cost of living, and access to finance for miners. The project will search in particular for information about gender and children aspects of the ASGM economics; i) Size of the formal and informal ASGM economy; j) Information about access to basic education, health care (including health effects of mercury exposure) and other services in mining communities;  5. Task of the Consultant  a) Plan field trips (e.g. choose areas to visit, schedule trip, etc.) and make needed logistical arrangements;  b) Collect and analyse data during field research trips (e.g. visit mining sites, interview miners and their families, etc.), based on UN Environment toolkit and NAP guidance document;  c) Conduct desk research on available information on ASGM sector in Kenya, according to the categories listed above;  d) Develop a draft and finalize national overview of legal and policy aspects of the ASGM sector, and develop problem statement list.   6. Experiences for the Consultant  The project will be awarded to a recognized institution which can propose a research team with the following criteria:   Experience of conducting social economic and financing baseline studies, impact assessments, at national and regional level.   5 years’ proven experience in the  social economic  sector  Knowledge of existing research networks, international partnerships and experience in the ASGM sector.   Previous experience in the mining sector especially within ASM and with community based enterprises will be an advantage.   Expert knowledge of research techniques and participatory research methods as well as of quantitative research methods.   Ability to present data concisely and clearly.   Demonstrable policy on research ethics including protection and respect for privacy; and disclosure of conflict of interest.   7. Qualifications  The consultant will be able to work with diverse professionals and experts and  may have the following qualifications: Page 44 of 77  1. Minimum educational background: , economics, Finance mining, engineering,  Law, Policy, Social Sciences and Natural Sciences etc. 2. Professional experience in the dealing with communities and other vulnerable groups mining sector with special emphasis in ASGM . 3. Past consulting experiences i


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