REQUEST FOR PROPOSAL

PROVISION OF THE DEVELOPMENT AND ROLL OUT OF A LEADERSHIP

DEVELOPMENT PROGRAMME FOR THE CAPITAL MARKETS AUTHORITY

CMA/RFP/LDP/001/2017-18

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 TABLE OF CONTENTS
1 SECTION 1 – REQUEST FOR PROPOSALS ........................................................... 3

1.1 INTRODUCTION ............................................................................................. 3

1.2 INSTRUCTION TO BIDDERS ............................................................................ 3

2 SECTION 2 - TERMS OF REFERENCE ................................................................... 7

2.1 REQUIREMENTS ............................................................................................. 8

3 SECTION 3 - GENERAL CONDITIONS OF CONTRACT ......................................... 10

4 SECTION 4 – ANNEXURES................................................................................ 32

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SECTION 1 – REQUEST FOR PROPOSALS

1.1 Introduction

This document constitutes the formal Request for Proposals (RFP) for the Development
and Roll out of a Leadership Development program as detailed in this document.

1.2 Instruction to Bidders

1.2.1 Purpose Objectives of the proposal are listed in section 2. The bidder shall
include in their offer any additional services considered necessary
for the successful achievement of the objectives.

1.2.2 Proposals
Proposals from bidders should be submitted in two distinct parts,
namely technical proposal and financial proposal and these should
be in two separate sealed envelopes, both of which should then be
placed in a common sealed envelope marked
“CMA/RFP/LDP/001/2017-18”

DO NOT OPEN BEFORE 21st November 2017 at 12.00 Noon.

The two separate inner envelopes should be clearly marked

“Technical Proposal”, and “Financial Proposal”, respectively, and
should bear the name of the Bidder.
a.
b. The Bidder shall prepare original and 1 (one) hard copy of the bid,
clearly marking each “ORIGINAL BID” and “COPY OF BID,” as
appropriate. In the event of any discrepancy between original and
the copy, the original hard copy shall govern.
c.
d. Valid only if initialed by the people signing the bid.

1.2.3 Technical The Proposal should contain the following:

Proposal a. Executive Summary
b. Profile of the firm.
c. Vendor Information
d. General Product Requirements
e. Understanding of Authorities Requirements
f. Proposed Solution
g. Functional Requirements
h. Technical Requirements
i. Implementation & Support
j. Project Plan & Schedule
k. Project Implementation Methodology
l. Additional Requirements
m. Eligibility Documentation
n. Proof of Bidder engaged in at least 3 similar programs locally
and internationally
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 o. Proof of Bidder having director support offices in Kenya
p. Client References

1.2.4 Evaluation of A two-stage procedure will be adopted by the Authority for

bids evaluating the proposals, with the technical proposals being
evaluated prior to the financial proposals. Technical proposals will
be evaluated based on the following general areas:

a) Preliminary Evaluation (Mandatory Requirements)

Bids will be taken through preliminary evaluation (Mandatory
requirements) against the following criteria. Firms that do not
meet the preliminary requirements will not qualify to progress to
the next stage of Technical Evaluation.
The mandatory requirements will be:
i. Submission of a copy of tax compliance certificate
ii. Completed confidential business questionnaire form
iii. Attached copies of business registration or
incorporation certificate
b) Technical Evaluation
The Authority will evaluate proposals based on compliance with
the requirements outlined and using the scoring matrix below:
No. Evaluation Criteria Score

1 Specific firms experience 30 Marks

a) Evidence of bidding firm’s experience in at
least three (3) similar assignments within the
last five (5) years.
(Evidenced by LPO/LSO, contracts or letters of
engagement)

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 2. Key Personnel to undertake the assignment 10 Marks

a) It is desired that all assigned facilitators must

have a minimum of a University degree, with
not less than 5 years’ experience in
undertaking leadership/management
development programs.

(Attach proof of qualification and experience

e.g. copy of academic certificates, relevant
testimonials, CV etc.)
3. Company profile 5 Marks
Evaluation of company profile and proof of legal
status and compliance of the firm or bidding
institution
4. Demonstrate understanding and Interpretation of the 15 Marks
Terms of Reference
5. Proposed Program and Implementation Plan 40 Marks
Demonstration that proposed solution meets
requirements as described in this document.

Total score 100

The eligibility mark to proceed to the next stage of evaluation

will be 70

The technical and financial scores weighting will be as below:

The Total Technical Score shall be 70

The Total Financial Score shall be 30
Total Score 100

Financial evaluation (out of 30% of the total mark)

The firm achieving the highest combined technical and financial

score shall be considered.

The formulae for determining the Financial Score (Sf) shall, 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
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 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 a discussion, lasting 45 minutes, where
they are expected to detail their proposal and demonstrate their
ability to achieve the desired outcomes

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1.2.5 Bid Validity Bidders are requested to hold their proposals valid for one twenty
Period (120) days from the closing date for the submission.

1.2.6 Documents The bid submitted by a Bidder shall comprise the proposal to the
Comprising the requirements. Each bid shall include only one technical and one
Bid price/financial solution.

1.2.7 Cancellation of The Authority reserves the right to accept or to reject any bid, and
the bidding to annul the bidding process and reject all bids at any time prior to
process the award of the contract, without thereby incurring any liability to
any Bidder or any obligation to inform the Bidder of the grounds
for its action.

1.2.8 Cost of bidding The Bidder shall bear all costs associated with the preparation and
submission of its bid, and the Authority will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.

1.2.9 Clarification of All correspondence related to the contract shall be made in

Bidding English. Any clarification sought by the bidder in respect of the
Document project shall be addressed at least seven (7) days before the
deadline for submission of bids, in writing to the Accounting
Officer.
The queries and replies thereto shall then be circulated to all other
prospective bidders (without divulging the name of the bidder
raising the queries) in the form of an addendum, which shall be
acknowledged in writing by the prospective bidders.
Enquiries or clarifications should be sent by e-mail to:
procurementteam@cma.or.ke

1.2.10 Amendment of At any time prior to the deadline for submission of bids, the
Bidding Authority, for any reason, whether at its own initiative or in
Document response to a clarification requested by a prospective Bidder, may
modify the bidding documents by amendment.

All prospective Bidders that have received the bidding documents

will be notified of the amendment in writing, and it will be binding
on them. It is therefore important that bidders give the contact
correct details at the time of collecting/receiving the bid
document.

To allow prospective Bidders reasonable time to take any

amendments into account in preparing their bids, the Authority
may at its sole discretion extend the deadline for the submission
of bids based on the nature of the amendments.

1.2.11 Bids must be delivered on or before 21st November 2017, 12.00

noon to:
Deadline for
Submission of Bids

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 The Accounting Officer,
Capital Markets Authority,
Embankment Plaza, 3rd Floor, Longonot Road, Upper Hill,
P. O. Box 74800-00200,
Nairobi, Kenya

Bids sent by mail should reach by the same deadline. Bids

received after the above-specified date and time shall not be
considered.

Bids will be opened in the presence of a maximum of one

representative from each bidder who chooses to attend at 12.00
noon on the same day on 4th Floor, Conference Room,
Embankment Plaza.

1.2.12 Bid Price The Bidder shall, in their offer (Financial Proposal), detail the
proposed fee structure for the contract with the Authority.

The fee should be a Fixed Lump Sum Fee but with sufficient
elemental breakdown. The summary of the bid price will be
recorded in the Bid Price schedules as included in annexes 4.2.
No price escalation under this contract shall be allowed.

1.2.13 The prices and rates in the financial offer will be deemed to be
inclusive of all taxes and any other incidental costs and overheads
Taxes and Incidental
but exclusive only of Value Added Tax (VAT), which shall be
Costs
computed and indicated in the price schedule.

1.2.14 The responsiveness of the proposals to the requirements of this

RFP will be determined. A responsive proposal is deemed to
Responsiveness of
contain all documents or information specifically called for in this
Proposals
RFP document. A bid determined not responsive will be rejected
by the Authority and may not subsequently be made responsive
by the Bidder by correction of the non-conforming item(s).

1.2.15 All bids in response to this RFP should be expressed in Kenya

Shillings. Expressions in other currencies shall not be permitted.
Currency for Pricing of
Tender
1.2.16 Bids determined to be substantially responsive will be checked by
the Authority for any arithmetical errors. Errors will be corrected
Correction of Errors.
by the Authority as below:
a. where there is a discrepancy between the amounts in
figures and in words, the amount in words will govern,
and
b. where there is a discrepancy between the unit rate and
the line total resulting from multiplying the unit rate by
the quantity, the unit rate as quoted will govern.
The price amount stated in the Bid will be adjusted by the
Authority in accordance with the above procedure for the
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 correction of errors.

1.2.17 Technical proposals will be evaluated prior to the evaluation of

the financial bids. Financial bids of firms whose technical
Evaluation and
proposals are found to be non-qualifying in whatever respect may
Comparison of Bids
be returned unopened.

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SECTION 2 - TERMS OF REFERENCE

1.0 Introduction
The Capital Markets Authority (CMA) was set up in 1989 through an Act of Parliament
(Cap.485A) of the Laws of Kenya. The CMA, which is a body corporate with perpetual
succession and a common seal, was constituted and inaugurated in 1990. The CMA is a
statutory agency charged with the prime responsibility of regulating the development of
orderly, fair and efficient capital markets in Kenya. It licenses and supervises market
intermediaries, conducts on-site and off-site market surveillance and enforces compliance,
and promotes market integrity and investor confidence.

2.0 Background and Context

As part of its strategic ambition to become a world-class, outcome-focused and
performance-orientated regulator, the Authority has been implementing far-reaching
organizational change and development initiatives under its Human Resources
Transformation Program. The overall objective of this program – dubbed Uwezo Kipeo to
connote empowerment – is to embed a culture of high performance and excellence at all
layers of the Authority. A fundamental pillar of the organizational transformation
envisaged under the Uwezo Kipeo Programme is the building of robust and relevant
organizational Leadership Capabilities amongst various staff to sustain and embed the new
CMA culture. CMA requires leaders and managers with capabilities to:
a) Effectively manage people and other resources people depending on the context
and the situation;
b) Recognize the triggers for motivating their staff so that they can perform a their
optimum level; and
c) Communicate clearly and compellingly and do it in such a way as it forms part of
their natural style.
To support our ambitious organizational change and development programme under
Uwezo Kipeo, the Authority is looking to formulate and implement new and innovative
ways of developing the Leadership Capabilities of all our staff through an institutionalized
Leadership Development Programme (LDP). This program is a fundamental element in the
Authority’s Talent Management Strategy.

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3.0 Overall Programme Objectives and Structure

The overall program objective is to ensure proactive ownership of expected outputs and
outcomes by individual CMA employees in driving the achievement of the Authority’s
strategic objectives and mandate.

It is envisaged that the programme will be modular in structure. CMA is not looking for
generic lecture-based programmes and therefore blended solutions will be required,
incorporating, but not limited to, formal and informal methods of leadership development.
These include:

a) A set of tools to assist leaders to understand the dynamics and motivations of their
team member’s i.e. self and group analysis psychometrics;

b) Formal practical and experientially-based (the how to, not the theory) leadership
sessions, which may be conducted in small groups or large groups, depending on
the business requirements and operational needs of the CMA;

c) A set of online, open learning solutions to ensure the ‘educational and knowledge
component’ of situational leadership is developed and practiced. This would be
tested and be a method of reporting improvements in knowledge and be taken
as a factor in growth & succession;

d) Just –in-Time Learning such as telephone or face-to-face coaching, as and when

required;

e) Learning sets and self-driven learning methods; and

f) Effective follow-up methods, such as 360-degree reporting and participant’s

projects.

These proposed solutions should be cost effective and ensure minimum business
operational disruption through travel and scheduling. In executing the new CMA
Leadership Development Programme (The Programme), the successful provider will be
benefiting from outputs from the relevant technical workstreams of the Uwezo Kipeo
Programme including:

a) The CMA Policies, Procedures and Frameworks (PPF);

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 b) On-boarding and Training (especially the new CMA Learning & Development
Approach and Methodology);

c) The Staff Capabilities Framework and Model; and

d) The new CMA Talent Management and Succession Planning Strategy.

The successful provider will also be expected to undertake a detailed review to establish
CMA’s core management and leadership development priorities in line with the Authority’s
strategic direction, desired culture, business and technical capabilities as well as leadership
development plans.

To provide opportunities for participants to build their capabilities and apply learnt skills
effectively, fives (5) leadership levels have been identified within the program for different
categories of staff.

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 Leadership Staff Categories Specific Programme Objective Requirement
Levels
Senior Chief Executive and Directors To enhance the leadership ability to At this level, the Authority is looking for the
Leadership create a compelling vision and maximize successful provider to work with the SLT to agree
on a set of inspirational messages and a program
Team (SLT) the effectiveness of the Authority through
rollout style that will be used throughout the
shared goals and values. whole organization. Without this, CMA runs the
risk of not fully engaging staff on the vision and
aspirations of the Executive Team. The Authority
is also looking for innovative solutions to develop
this group of individuals BASED on their specific
needs. This group will be fundamental in the
delivery of leadership stories throughout all the
solutions and will facilitate learning exercises in
the Embracing ALL program. Total of 4
participants.
Management Managers To enhance the ability of the target group This group of diversified professionals (13 in
Team to solve business problems, manage total) are the core operational drivers of change
in the CMA. The Authority requires this group to
change and diversity, manage team
not only inspire others, but to implement and
dynamics and harness creativity to manage the core business of the CMA. They are
optimize productivity. CMA’s change agents and it is important to
enhance their skills and ability to do that. It is
expected that the provider will engage this group

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
fully before any programme development is
undertaken in order to understand their peculiar
needs. It is important that the provider
understands their work demands and can relate
to the issues they face daily. Internal assessment
of this group has identified some areas of
development such as:
a) Improving verbal and no-verbal
communications;
b) Situational leadership and strategic
thinking;
c) Skills in problem solving and prioritising;
d) Leading change and taking ownership;
e) Anticipative and creative thinking (i.e.
how to anticipate others’ views and build
a strong considered business initiative);
f) Understanding how team and team
dynamics drive performance; and
g) Dealing with performance i.e. good,
average and unsatisfactory performance
amongst staff.
To assist in this tender, Annex A has some
examples of the expected deliverables. The
Authority is aware that any provider we engage

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
has the responsibility for the design and
subsequent rollout of the solution. However,
CMA is accountable for driving and embedding
the behavioural change within.
The proposed solution must not be solely a
‘classroom-based’ one. CMA expects the provider
to develop innovative learning solutions that will
meet the core needs of this group.
Supervisory Assistant Managers & Senior To build effective team leadership skills This group has various regulatory and support
Team Officers with supervisory roles. that can help participants and the professionals (25) who are the front-line leaders
in the business. They have historically been seen
Authority to succeed.
more as the ‘Senior Technical Specialists’. CMA,
however, requires these individuals to take on a
more ‘people management’ focus. The Authority
recognises that this takes more than just
training, and with that in mind, we have taken
internal steps to engage this group and make
them feel part of the management team. There
are, however, gaps in their skills and capabilities
and the Authority expects efficient and effective
solutions directed at this group on the following
areas, among others:
a) Improving verbal and no-verbal
communications;

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
b) Leading team and team dynamics;
c) Leading change and taking
ownership;
d) Anticipative and creative thinking (i.e.
how to anticipate others’ views and
build a strong considered business
initiative);
e) Delegating and coaching for
performance; and
f) Dealing with performance i.e. good,
average and unsatisfactory
performance.
The Authority recognises the similarities
between the proposed solutions of this group
and the Management Team. This is not unusual
and is to be expected in an organization such as
the CMA. However, we require the provider to
rebrand this part of the programme to ensure a
clear distinction is evident and perceived
between the two groups.
The solution should not be solely a ‘classroom-
based’ one and the Authority expects the
provider to come up with a set of innovative
learning solutions that will meet the needs of this

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
group.
Emerging Talent Pool Group To equip potential leaders with the core This group comprises CMA’s Emerging Leaders
Leaders capabilities required for effective Talent Pool and has about twenty (20)
individuals. These are employees who have been
leadership and management roles.
recognised through the Talent Management
process. CMA wants to equip and upskill this
group on leadership to build a cadre of highly-
motivated individuals who will drive change
across the organisation and take on leadership
roles at the appropriate time.
To help them, the Authority wants a program
that is designed in such a way as to inspire and
ignite this group to take the lead and drive
change in the CMA. The Authority also desires
that that any solution must provide us with a
view on the individual Emerging Leader’s
capacity to lead or take on more responsibilities.
Therefore, the provider needs to consider how
they may assess the individuals, whilst still
developing this group’s capability.
Fundamental programme content includes:
a) How to inspire change in others;
b) Communicating to succeed;
c) Leading oneself and building

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
influence;
d) The habits of successful leaders; and
e) Self-awareness and feedback
techniques.
The solution may not be solely a ‘classroom’ one.
The Authority expects the provider to co-
facilitate this programme with internal CMA staff
and this aspect needs to be considered as part of
the programme design.
Leading Self Senior Officers (with non- To improve interpersonal dynamics, help This is a CMA-wide program for all other staff not
supervisory roles), Officers and individuals to better-understand covered in the other programmes i.e. individual
contributors (50 staff). The Authority is looking
Support Staff themselves, others and understand their
for a program that drives culture change across
personal impact in the Authority. all individuals regardless of their position in the
organisation. This program should inspire and
inform. It must unfreeze current thinking and
then refreeze it, with individuals aware of their
shared values, beliefs, and customary ways of
thinking that shape and guide the behaviour of
the CMA.
To move towards the Authority’s vision, staff
must understand where they are and what is
expected. CMA requires a program that is
inspirationally-driven and includes facilitation

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
from the Senior Leadership Group.
The Authority expects the solution to cover, inter
alia, the following areas:
a) CMA’s Current Culture: What is
“expected” of staff members in the
organisation or, more technically, the
behavioural norms and expectations
associated with our organisation;
b) CMA’s Ideal Culture: What “should
be” expected from staff members in
the organisation, to create the best
possible and most effective
organisation:
c) Levers for Change: What can be done
to move our culture from its current
state to our ideal state:
d) Setting goals and driving to results;
and
e) Teamwork and collaboration.
The solution must be innovative enough to
create a “have-to” NOT a “want-to” mindset to
generate strong alignment and commitment to
the organisational vision, goals and objectives.
It is expected the provider will co-facilitate this

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Leadership Staff Categories Specific Programme Objective Requirement
Levels
programme with internal resources drawn from
the CMA and the programme design needs to
incorporate this aspect.

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4.0 The Programme Outcomes

Effective delivery of the CMA Leadership Development Programme will have the following
principal outcomes:
a) Enhanced organizational, team and personal effectiveness: Through the
Programme, CMA expects to build a solid foundation to enhance personal, team
and organizational effectiveness at each of the five levels;
b) Increased employee self-awareness: The Program will assist CMA staff in
developing and increasing their self-awareness so that they have a better
understanding of their own strengths and weaknesses for both personal and
professional growth;
c) Enhanced Leadership Capabilities: The Program will encourage CMA staff to
reflect on effective leadership practices and recognize their impact on
organizational effectiveness;
d) Shared Leadership Values and Philosophy across the entire CMA: The
Program will provide a platform for building a strong leadership philosophy for
the Authority and rally staff commitment towards the same; and
e) Improved Staff Engagement and Productivity: By providing the levers for
change and performance at the Authority, the Programme will lead to enhanced
employee engagement and productivity.

5.0 Scope of Work

The successful bidder will be required to:

a) Deploy and facilitate a fit-for-purpose Leadership Development program for
specified leadership levels as guided and conduct a gap analysis to establish
baseline competency levels for each level;
b) Develop a ‘story board’ for each program, specifically addressing expected
outcomes and how they will be met. Work closely with the CMA management to
create solutions that are tailored and specific to the needs of each staff category
as set out in this document;
c) Design the methodologies, tools, materials and key messages (in conjunction
with the CMA) for all solutions, and rollout and facilitate the solutions
d) Provide a comprehensive post-learning report and evaluation with the sessions
outcomes, observations, areas of improvement and recommendations;
e) Propose a methodology for impact assessment of the program;
f) Issue certificates of participation for the participants; and
g) Recommend future developmental focus areas for each level.
 Travel costs within Nairobi will be borne by the consultant while travel costs outside
Nairobi it will be borne by CMA. The CMA will cater for the costs of training and
technical equipment.

6.0 Qualifications of the bidding firms

a) Your proposal should provide:
i. A detailed response showing how the objectives and the Scope of Work above
shall be addressed through your approach and methodology;
ii. Demonstrated evidence of having carried out at least three (3) successful
leadership initiatives or similar within the last 5 years of comparable or larger
team sizes;
iii. Proposed program outlines and delivery methodology for each Leadership
Level:
iv. Detailed Experience of carrying out similar assignments including corresponding
programs that the bidding firm has undertaken with other organizations
(include title of the corresponding program undertaken, client, when and
reference).
v. A financial quotation based on the terms of reference above;
vi. Fill in the enclosed Confidential Business Questionnaire form;
vii. A Tax compliance certificate.
7.0 Evaluation Criteria
The following evaluation criteria will be applied:
c) Preliminary Evaluation (Mandatory Requirements)
Bids will be taken through preliminary evaluation (Mandatory requirements) against the
following criteria. Firms that do not meet the preliminary requirements will not qualify to
progress to the next stage of Technical Evaluation.
The mandatory requirements will be:
iv. Submission of a copy of tax compliance certificate
v. Completed confidential business questionnaire form
vi. Attached copies of business registration/incorporation certificate
d) Technical Evaluation
The Authority will evaluate proposals based on compliance with the requirements outlined
in 7.0 above using the scoring matrix below:

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No. Evaluation Criteria Score
1 Specific firms experience 30 Marks
b) Evidence of bidding firm’s experience in at least three (3) similar assignments
within the last five (5) years.
(Evidenced by LPO/LSO, contracts or letters of engagement)
2. Key Personnel to undertake the assignment 10 Marks

b) It is a desire that all assigned facilitators must have a minimum of a University

degree, with not less than 5 years’ experience in undertaking
leadership/management development programs.

(Attach proof of qualification and experience e.g. copy of academic

certificates, relevant testimonials, CV etc.)
3. Company profile 5 Marks
Evaluation of company profile and proof of legal status and compliance of the firm or
bidding institution
4. Demonstrate understanding and Interpretation of the Terms of Reference 15 Marks
5. Proposed Program and Implementation Plan 40 Marks
Demonstration that proposed solution meets requirements as described in this
document.
Total score 100

The eligibility mark will be 70

The technical and financial scores weighting will be as below:

The Total Technical Score shall be 70

The Total Financial Score shall be 30
Total Score 100

Financial evaluation (out of 30% of the total mark)

The firm achieving the highest combined technical and financial score shall be considered.
The formulae for determining the Financial Score (Sf) shall, 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

23
 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 a
discussion, lasting 45 minutes, where they are expected to detail their proposal and
demonstrate their ability to achieve the desired outcomes

9.0 Other Conditions

Payment will be made within 30 days after the final post-learning report for each
intervention and the invoice for each leadership level has been submitted and accepted.

10.0 Financial Offer

Bidders shall submit a financial bid in the following form “We have reviewed the scope for
providing the proposed leadership program and do hereby make the following financial
offer to undertake this assignment:
Cost of Provision of Leadership Development Training as per terms of reference:
Description Proposed Cost Per Day Total Cost (KSh)
Programme
Duration (# of
Days)
Senior Leadership Team Level Preferably Open
 4 participants House Program to
allow sharing of
experiences with
leaders from other
organizations.
Management Team Level 3
 13 participants
Supervisory Team Level 3
 21 participants
Emerging Leaders Level 3
 20 participants

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Description Proposed Cost Per Day Total Cost (KSh)
Programme
Duration (# of
Days)
Leading Self 2
 54 participants (to be split
into manageable sizes for
optimal instruction)
Other Charges (Please describe) Lot

16 % VAT

Grand Total (inclusive of ALL taxes)

Signature of Supplier Supplier’s Stamp

Name of Supplier

Date

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TION 3 - GENERAL CONDITIONS OF CONTRACT

3.1. Definitions In this Contract, the following terms shall be interpreted as

indicated:

(a) “The Contract” means the agreement entered into

between the Capital Markets Authority and the
Supplier, as recorded in the Contract Form signed by
both parties, including all attachments and appendices
thereto and all documents incorporated by reference
therein.

(b) “The Contract Price” means the price payable to the

Supplier under the Contract for the full and proper
performance of all its contractual obligations.

(c) “The Purchaser” means the Capital Markets Authority.

(d) “The Supplier” means the firm or joint venture

conducting the Leadership Development Programme
under this Contract.

(f) “The Leadership Development Programme” means all

of the services to be delivered by the Supplier under
the Contract.

(g) “The Services” means those services associated with

the performance of “The Leadership Development
Programme” assignment, as defined in the Contract.

(h) “The Effective Date” means the date following

contract signing that the Contract enters into full force
and effect with respect to the scheduled dates for the
Leadership Development Programme, as specified in
the Terms of Reference, and upon fulfillment of any
and all additional conditions specified in the contract.

(i) “The Project Manager” means the duly authorized

Authorities representative, who shall manage and be
responsible for fulfillment of the Authorities
obligations, and shall oversee the Supplier’s
performance of the Contract.

(j) “The Project Plan” means the document to be

developed by the Supplier and approved by the
Authority, based on the requirements of the Contract
and the preliminary project plan included in the

26
 Supplier’s bid. Should the Project Plan conflict with
the Contract in any way; the relevant provisions of the
Contract shall prevail in each and every instance.

(k) “Acceptance” means the Authorities written

certification that, the Services (or a specific part
thereof) has been verified as complete and/or fully
operational as agreed in the Contract.

3.2. Introduction Specific terms of contract shall be discussed with the Supplier
whose proposal will be accepted by the Authority. The resulting
contract shall include but not be limited to the general terms of
contract as stated below.

3.3. Award of Following the opening and evaluation of proposals, the Authority
Contract will award the Contract to the successful Bidder whose bid has
been determined to be substantially responsive and has been
determined as the best evaluated bid. The Authority will
communicate to the selected Supplier its intention to finalise the
draft conditions of engagement submitted earlier with his
proposals. After agreement will have been reached, the
successful Supplier shall be invited for agreement and signing of
the Contract Agreement to be prepared by the Authority in
consultation with the Supplier.

3.4. Application of These General Conditions shall apply to the extent that they are
General not superseded by provisions in other parts of the Contract that
Conditions of shall be signed.
Contract
3.5. Bid Validity Suppliers are requested to hold their proposals valid for ninety
Period (90) days from the closing date for the submission.

3.6. Non-variation The prices quoted for the service and subsequently agreed and
of Costs incorporated into the contract shall be held fixed for the contract
period.

3.7. Delays in the a. Delivery and implementation of the evaluation shall be made
Performance by the successful Supplier in accordance with the time
schedule as per Agreement.
b. If at any time during the performance of the Contract, the
Supplier should encounter conditions impeding timely
delivery and performance of the Services, the Supplier shall
promptly notify the Authority in writing of the fact of the
delay, its likely duration and its cause(s). As soon as
practicable after receipt of the Supplier's notice, the
Authority shall evaluate the situation and may at its

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 discretion extend the Supplier's time for performance, with or
without liquidated damages, in which case the extension shall
be ratified by the parties by amendment of the Contract.
c. Except in the case of “force majeure” as provided in Clause
3.17, a delay by the Supplier in the performance of its delivery
obligations shall render the Supplier liable to the imposition
of liquidated damages pursuant to Clause 3.8.

3.8. Liquidated If the Supplier fails to deliver or if any of the deliverable fails to
damages for delay gain Acceptance within the period(s) specified in the Contract, the
Authority shall, without prejudice to its other remedies under the
Contract, deduct from the Payment due to supplier, as liquidated
damages, a sum equivalent to the percentage of the Contract
price
(a)Applicable rate: 1% percentage of Contract Price for
each week of delay.
(b)Maximum deduction: 10% maximum percentage of
Contract Price

3.9. Governing The Contract shall be written in the English Language. All
Language correspondence and other documents pertaining to the Contract
which are exchanged by the parties shall also be in English.

3.10. Applicable Law This agreement arising out of this RFP shall be governed by and
construed in accordance with the laws of Kenya and the parties
submit to the exclusive jurisdiction of the Kenyan Courts.

3.11. Implementatio a. The Supplier shall provide all Services specified in the
n Services contract and the Terms of Reference in accordance with the
highest standards of professional competence and integrity.
THE ADUTHORITY reserves the right to require the
replacement of any Supplier staff assigned to work on THE
AUTHORITIES’ site by suitably qualified staff, in the event
that the staff concerned is determined to be incompetent or
loses the confidence of THE AUTHORITY.

b. Prices charged by the Supplier for Services, if not included in

the Contract, shall be agreed upon in advance by the parties
and shall not exceed the prevailing rates charged by the
Supplier to other purchasers in Kenya for similar services.

3.12. Inspections a. THE AUTHORITY or its representative shall have the right to
and Acceptance inspect and/or test the project to confirm their conformity to
the Contract specifications at any point of the project and/or
at the final delivery at no extra cost to the Purchaser.

b. Should any inspected or tested deliverable fail to conform to

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 the Contract specifications or to pass the Acceptance tests as
defined jointly in the Project Plan, the Purchaser may reject
the Process Improvements, and the Supplier shall either
replace the rejected deliverable or make alterations as
necessary to meet the specifications free of cost.

c. Nothing in Clause 3.13 shall in any way release the Supplier

from any warranty or other obligations under this Contract or
limit the AUTHORITIES ability to seek other remedies as
specified in the Contract.

3.13. Supplier’s a. The Supplier is obliged to work closely with the Authorities
Obligations staff, act within its own authority, and abide by directives
issued by the Authority that are consistent with the terms of
the Contract.
b. The Supplier will abide by the job safety measures and will
indemnify the Authority from all demands or responsibilities
arising from accidents or loss of life, the cause of which is the
Supplier's negligence. The Supplier will pay all indemnities
arising from such incidents and will not hold the Authority
responsible or obligated.
c. The Supplier is responsible for managing the activities of its
personnel, or subcontracted personnel, and will hold itself
responsible for any misdemeanors.
d. The Supplier shall appoint an experienced counterpart
Project Manager for the duration of the Contract. The
Authority shall review the proposed manager’s credentials
and must be satisfied with the selection prior to the manager
commencing work. This manager may be replaced only with
the prior written consent of the Authority. The Authority may
also demand a replacement of the manager if it is not
satisfied with the manager’s work or for any other reason.
e. The Supplier shall take the lead role and be jointly
responsible with the Authority for producing a finalized
project plan and schedule, including identification of all major
milestones and specific resources that the Authority is
required to provide.
f. The Supplier will not disclose the Authorities information it
has access to, during the course of the project, to any other
third parties without the prior written authorization of the
Authority. This clause shall survive the expiry or earlier
termination of the contract

3.14. The In addition to providing the Supplier with such information as

Authorities may be required by the Supplier to complete the Leadership
Obligations Development Program:
a. The Authority will appoint a Project Manager responsible for

29
 managing the project, with the authority to accept or reject
all deliverables and to be the primary contact for the
Supplier’s Representative. The Project Manager will
officially record all delays and problems, and forward them
to the Supplier within two weeks of discovery of such
problems.
b. The Authority shall be responsible for timely provision of all
resources, facilities, equipment access, and information
necessary for the completion of project implementation, as
identified in the agreed and finalized Project Plan.
c. The Authority will designate appropriate staff for the
training courses to be given by the Supplier, and shall make
all appropriate logistical arrangements therefore in
accordance with the Project Plan.

3.15. Confidentiality The parties undertake on behalf of themselves and their

employees, agents and permitted subcontractors that they will
keep confidential and will not use for their own purposes (other
than fulfilling their obligations under the contemplated contract)
nor without the prior written consent of the other disclose to any
third party any information of a confidential nature relating to
the other (including, without limitation, any trade secrets,
confidential or proprietary technical information, trading and
financial details and any other information of commercial value)
which may become known to them under or in connection with
the contemplated contract. The terms of this Clause 3.13 shall
survive the expiry or earlier termination of the contract.

3.16. Force Majeure Neither Supplier nor Authority shall be liable for failure to meet
contractual obligations due to Force Majeure.

Force Majeure impediment is taken to mean unforeseen events,

which occur after signing the contract with the successful bidder,
including but not limited to strikes, blockade, war, mobilization,
revolution or riots, natural disaster, acts of God, refusal of license
by Authorities or other stipulations or restrictions by authorities,
in so far as such an event prevents or delays the contractual party
from fulfilling its obligations, without its being able to prevent or
remove the impediment at reasonable cost.

The party involved in a case of Force Majeure shall immediately

take reasonable steps to limit consequence of such an event.

The party who wishes to plead Force Majeure is under obligation

to inform in writing the other party without delay of the event, of
the time it began and its probable duration. The moment of
cessation of the event shall also be reported in writing.

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 The party who has pleaded a Force Majeure event is under
obligation, when requested, to prove its effect on the fulfilling of
the contemplated contract.

3.17. Payment Payment will be made within 30 days of submission of valid

claims and/or invoices upon the successful completion of the
exercise as defined in the terms of reference / objectives.

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 SECTION 4 – ANNEXURES

4.1. Form of Contract Agreement

THIS AGREEMENT is made the _____ day of __________ 2017 between the Capital
Markets Authority (hereinafter called “the Purchaser”) of the one part and [name of
Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the other
part:
WHEREAS the Purchaser invited bids for certain products and ancillary services, for
implementation of the __________________and as accepted a bid by the Supplier for the
supply of those products and services in the sum of [contact price in words and figures]
(hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part
of this Agreement, viz.:

(a) The request for proposal (RFP);

(b) The Purchaser’s Notification of Award; and

(c) The Supplier’s Bid.

3. In consideration of the payments to be made by the Purchaser to the Supplier as

hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide
the products and services and to remedy defects therein in conformity in all respects
with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision
of the products and services and the remedying of defects therein, the Contract Price
or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.

Signed, sealed, and delivered by the

Said [name of representative] (for the Purchaser)
In the presence of [name of witness]
Signed, sealed, and delivered by the
Said [name of representative] (for the Supplier)
In the presence of [name of witness]

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4.2. Bid Price Summary Form

Name of Bidder ___________________

No. DESCRIPTION COST IN KSHS

16% VAT

Total Cost (VAT Inclusive)

Delivery period ______________________________________________

Signature of Bidder

Stamp _________________________________________________

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