KENYA CIVIL AVIATION AUTHORITY REGISTRATION OF LAW FIRMS FOR PROVISION OF LEGAL SERVICES FOR A PERIOD OF THREE YEARS. TENDER NAME: KCAA/006/2016-2017 DATE OF NOTICE: 22 ND SEPTEMBER 2016 CLOSING DATE: TUESDAY 11 TH OCTOBER 2016
Table of Contents Page 1. TENDER NOTICE 2 2. SECTION I: GENERAL PRE-QUALIFICATION INSTRUCTIONS 3-4 3. SECTION II: BRIEF CONTRACT REGULATIONS/GUIDELINES 4 4. SECTION III: INSTRUCTIONS ON PRE-QUALIFICATION CRITERIA... 5-7 5. SECTION IV: EVALUATION CRITERIA FOR PRE-QUALIFICATION 8 6. SECTION V: PRE-QUALIFICATION FORMS 6.1 FORM PQ-1: REGISTRATION OF FIRMS APPLICATION FORM.. 9 6.2 FORM PQ-2: CONFIDENTIAL BUSINESS QUESTIONNAIRES...10 6.3 FORM PQ-3: SUPERVISORY PERSONNEL... 11 6.4 FORM PQ-4: FINANCIAL POSITION. 12 6.5 FORM PQ-5: PAST EXPERIENCE 13-14 6.6 FORM PQ-6: LITIGATION HISTORY...15 6.4 FORM PQ-7: SWORN STATEMENT.. 16 1 of 17
Kenya Civil Aviation Authority TENDER NOTICE REGISTRATION OF LAW FIRMS FOR PROVISION OF LEGAL SERVICES Kenya Civil Aviation Authority (KCAA) wishes to invite eligible law firms for registration to offer external legal services to the Authority on need basis. Law firms currently prequalified by KCAA must re-apply for registration. The reapplication for registration does not affect the existing instructions and assignments already entrusted to any law firms or consultants. However, in case such a law firm does not get registered no new instructions or assignments shall be issued to the said firm. All interested firms of Advocates may also view and download the bidding document from KCAA website: www.kcaa.or.ke or from supplier.treasury.go.ke free of charge and immediately forward their particulars for records and for the purposes of receiving any further clarifications and/or addendums to procurement@kcaa.or.ke. Completed registration documents in plain sealed envelopes marked Provision of External Legal Services, 2016-2019 should be addressed to: The Director General Kenya Civil Aviation Authority P. O. Box 30163-00100 NAIROBI. OR Deposited in the KCAA Tender Box on ground floor, Aviation House, Jomo Kenyatta International Airport, Nairobi, so as to be received on or before 11 th October 2016 at 11:00 a.m. Tenders will be closed and opened immediately thereafter. Interested bidders or their representatives may attend the opening function at the KCAA Auditorium, on ground Floor, Aviation House, Jomo Kenyatta International Airport, Nairobi. 2 of 17
SECETION I: REGISTRATION INSTRUCTIONS 1.1 Introduction Kenya Civil Aviation Authority (referred to as KCAA) would like to invite interested Law firms who qualify by meeting the set criteria as provided by the KCAA to perform the contract for provision of legal services to submit their request to be considered for registration to offer legal services for a period of three years on a need basis. 1.2 Registration Objective The main objective is to provide legal services to KCAA as and when required during the stated period. 1.3 Invitation of registration Law Firms that have been in existence for a period of more than ten (10) years and whose advocates are members of the Law Society of Kenya in good standing. Law firms are invited to submit their Pre-Qualification documents to the Director General, Kenya Civil Aviation Authority so that they may be pre-qualified. Bids will be submitted in complete lots, singly or in combination. The prospective law firms are required to submit mandatory information for registration. 1.4 Experience Prospective law firms must have successfully engaged in provision of legal services to Government/Corporation/ institutions of similar size and complexity. Prospective law firms must demonstrate the willingness and commitment to meet the pre-qualification criteria. Prospective law firms must attach a recent letter of recommendation on the letter head of a recommending Government Institution/ State Corporation/ institutions where the firm has successfully offered legal services. Potential firms must demonstrate the willingness and commitment to meet the registration criteria. 1.5 Registration Document This document includes questionnaire forms and documents required of prospective Service providers. 1.6 In order to be considered for registration, prospective law firms must submit all the information herein requested. Law firms already prequalified/registered to offer legal services by KCAA must resubmit in order to be considered for registration for a period of three years failure to which they shall not be considered for instruction for any legal services save for matters whose instructions has already been issued to them. 1.7 Submission of registration Documents A copy of the completed registration data and other requested information shall be submitted to reach: THE DIRECTOR GENERAL KENYA CIVIL AVIATION AUTHORITY P. O. BOX 30163-00100 NAIROBI 3 of 17
Not later than 11 TH OCTOBER 2016 by 11:00 am. 1.8 Questions Arising from Documents Questions that may arise from the registration documents should be directed to the Manager Procurement, Kenya Civil Aviation Authority at the address below three (3) days before the closing date. Manager Procurement, P.O. Box 30163-00100 Nairobi. Tel: 020 6827471-5 Email: procurement@kcaa.or.ke. 1.9 Additional Information Kenya Civil Aviation Authority reserves the right to request submission of additional information from prospective bidders. 1.10 Request for quotations, on need basis, as and when instructions are issued will be made available only to those law firms whose qualifications are accepted by Kenya Civil Aviation Authority after scoring at least 80 points after the completion of the evaluation process. KCAA shall only register the best firms but taking into account diversity of the expertise needed. 4 of 17
SECTION II: BRIEF CONTRACT REGULATIONS/GUIDELINES 2.1 Contract Price The contract shall be of unit price type or cumulative of computed unit price. Prices quoted should be inclusive of all delivery charges and taxes. 2.2 Payments of Fees/Cost The selection will consider law firms that offer the right balance of value for money as measured by the quality of legal services offered. Estimated budgets of costs in accordance with Advocates Remuneration Order from the law firms will be encouraged. Law firms will be required to identify ways in which legal costs for any significant or complex cases can be mitigated. KCAA shall execute contracts for each instruction and brief given based on the agreed fees and payment schedule shall be against agreed deliverables and or timelines. The payment of fees will be based as may be agreed on: A flat fee for agreed work based on the value of the subject matter. Negotiated or cap on the fees 5 of 17
SECTION III: INSTRUCTIONS ON REGISTRATION 3.1 Registration data forms The attached questionnaire forms PQ-1, PQ-2, PQ-3, PQ-4, PQ-5, PQ-6 and PQ-7, are to be completed by prospective law firms who wish to be registered. 3.1.1 The registration application forms which are not filled out completely and submitted in the prescribed manner will not be considered. All the documents that form part of the proposal must be written in English and in ink. 3.2 Qualification 3.2.1 It is understood and agreed that the registration data on prospective law firms is to be used by Kenya Civil Aviation Authority in determining, according to its sole judgment and discretion, the qualifications of prospective bidders to perform in respect to the provision of legal services to KCAA. 3.2.2 Prospective law firms will not be considered qualified unless in the judgment of Kenya Civil Aviation Authority they possess capability, experience and qualified personnel sufficient to satisfactorily execute the contract for provision of legal services. 3.3 Personnel The names of pertinent information and CV of key personnel of the law firm to be registered must be attached. Also the following information should be included and supported by documents; Period for which the law firm has been in operation. Number of partners and their standing in the bar (a firm shall only be considered if it has at least 2 partners and 3 associates). Number of associates and their standing with the bar. Number of pupils. Number of paralegal staff. Number of support staff. Areas of specialization. 3.4 Financial Condition The law firm s financial condition will be determined by the last two (2) years audited accounts (2014 and 2015) as well as letters of reference from their bankers regarding the law firm s credit position or current financial statement submitted with the registration document. Prospective law firms will be registered based on the satisfactory information given. KCAA reserves the right to independently verify the information given. 6 of 17
3.5 Past Performance Past performance will be given due consideration in the registration of law firms. The law firms must have experience in but not limited to: Civil Aviation Law, Civil Litigation and Practice, Public Private Partnership, Land Law, Tax Law, Employment and Labour Law, Commercial contract law, Arbitration and Alternative dispute resolution. The law firms should attach their profiles stating the type of cases handled and their success rate in litigation. The firms should also provide a list of five (5) clients handled which should include but not limited at least one (1) state corporation of equal standing as KCAA, international companies and private organizations in the aviation industry. Letters of reference from past clients should be included in Form PQ- 5. The profile should indicate experience in handling matters before Tribunals, Lower Court cases, High Court, Court of Appeal and Supreme Court. 3.8 The firm must have a fixed Business Premise with a business permit and must be registered in Kenya, with certificate of Registration, copies of which must be attached. 3.9 The firm must show proof that it has paid all its statutory obligations including NSSF, NHIF, and have current Tax Compliance Certificate. 3.10 The law firm must submit details to proof or demonstrate it meets the following: 1. The law firms must be duly registered under the Business Names Act (Cap 499, Laws of Kenya). 2. The law firm must have at least 2 partners and 3 associates duly qualified and practicing advocates each of whom must have a valid current practicing certificate. Additional relevant qualifications of the advocates, such as Certified Public Secretary or Arbitration shall be an added advantage. 3. The qualifying legal firm must have proven experience in provision of legal services. The firms should also have a profile of at least five (5) clients handled which should include at least one (1) state corporation of equal standing as KCAA, international companies and private organizations in the aviation industry. The profile should indicate experience in handling matters before Tribunals, Subordinate Courts, High Court, Court of Appeal and Supreme Court. 4. Additional marks will be given to legal firms that demonstrate that at least one of the advocates in their firm has proven competency and capability, in matters that relate to civil aviation law. This can be established where the advocate concerned can show that he has actually undertaken or has been exposed to legal work with respect to civil aviation of a national (local civil aviation laws and policies) and international nature (relating to international civil aviation legal instruments). Evidence of training in Air and Space Law and/or aviation law shall be accepted, for satisfying the requirements of this criterion. 7 of 17
5. Additional marks will also be given to legal firms that demonstrate that at least one of the advocates in their firm has proven competency and capability, in matters that relate to arbitration. This can be established where the advocate concerned can show that he has actually undertaken or has been exposed to legal work with respect to arbitration (whether local or at international level). Evidence of training and registration with the relevant arbitration chapters shall be accepted, for satisfying the requirements of this criterion. 6. A qualifying firm, should in addition to having competence in civil aviation law, demonstrate proven competence in other areas of law such as procurement law, civil procedure, Labour law and land law and commercial contracting. Evidence of training in these areas in form of seminars, postgraduate qualification training or previous experience in corporate sector involving such area shall be accepted, for satisfying the requirements of this criterion if detailed out in the CV of any of the Advocates in the firm. 7. A qualifying firm should also demonstrate that they have carried out legal audits, legal consultancy on law reform and legislative drafting. 8. A qualifying law firm must be beyond reproach in terms of integrity and the professional conduct of each of the advocates employed in the law firm. None of the partners and associates in the law firm, have any adverse reports from the Advocates Complaints Commission. 9. A qualifying law firm must offer evidence of a current and valid professional indemnity cover for legal service offered by the firm, covering all its advocates and the clerical and secretarial staff. This is to cater for any misconduct or professional negligence on the part of the law firm. The law firm shall be required to take out professional indemnity cover of at least Kenya Shillings Fifty Million (Kshs. 50,000,000/=) from reputable insurance companies. 3.11 Ability to Work Closely with KCAA s Legal Division The selected law firms will be required to work closely with KCAA in-house lawyers. 3.12 Statement Application must include a sworn statement Form PQ-7 by the interested firms ensuring the accuracy of the information given. The statement must be in the form of a duly sworn affidavit by the senior partner in the law firm. 3.12 Withdrawal of registration. Should a condition arise between the time a law firm is registered to bid and the bid opening date which could substantially change the performance and qualification of the bidder or the ability to perform such as but not limited to bankruptcy, change in ownership or new commitments, then KCAA reserves the right to reject the tender from such a bidder even though they have been initially registrered. 8 of 17
SECTION III: EVALUATION CRITERIA FOR PREQUALIFICATION The following will be the criteria for evaluating all the interested firms for prequalification. NO. CRITERIA MAXIMUM SCORE 1. Registration Submission Form Mandatory 2. Duly completed Confidential Business Questionnaire Mandatory 3. NSSF and NHIF compliance Certificates Mandatory 4. Registration documentation provide the following: Copies of Certificate of Registration of Business Name (Cap 499, Laws Kenya) Copy of Tax Compliance Certificate Copy of Current lease agreement/evidence of ownership of office premises Copy of current Business Permit VAT Certificate/Exemption 5. Evidence that each of the advocates in the law firm is qualified as an advocate with a valid (current) practicing certificate. (Provide relevant CV & certificates for at least 3 advocates who must be either partners or associates in the firm) 6. Evidence of Physical Address (Attached copies of utility bill and of the current lease agreement/evidence of ownership of office premises 7. Past experience: Evidence that the firm has proven experience in dealing with parastatal/state Corporation legal work. Provide letters of commendation from at least five (5) corporate clients served in the last five years, at least one of whom should be a state corporation. 8. Evidence that at least one of the advocates in the interested firm has experience in matters of aviation and airspace law. (Provide relevant certificates or other proof) 9. Competence: Evidence that the interested firm has competence in other areas of law such as Public Procurement Law, Land Law, and Labour Law, legal auditing and legal consulting. (Provide relevant certificates or other proof) Mandatory 20 5 10 10 15 10. Indemnity cover: Evidence that the interested firm has professional indemnity cover of at least Kshs. 50,000,000/= with a reputable Insurance Company. (Provide relevant current and valid professional indemnity cover certificate) 10 11. Period of operation of firm 10 12. Financial condition 10 13 No adverse reports on all Partners from the Advocates Complaints Commission. 10 TOTAL SCORE 100 NOTE THE FOLLOWING: 1. Minimum score to be pre-qualified: 80 points. 2. Period/duration for prequalification: Three years (2016-2019) 3. Contracts will be on need basis and successful firms registered will be invited to submit quotations accordingly. 4. Successful firms will be registered provided at least 2 of those firms are from outside Nairobi. 9 of 17
PQ-1: REGISTRATION OF LAW FIRMS APPLICATION FORM I/We hereby apply for registration as providers (Name of Company/Firm) of (Item Description) Post Office Address Town Street Name of building Room /Office No. Floor No. Telephone Nos. Other branches location:. Organization & Business Information Names of Partners:. Business founded or incorporated... Under present management since. Net worth equivalent Kshs. Bank reference and address Date:. Applicant s full Name: Represented by:. Signature: (Full name and designation of the person signing and stamp or seal) 10 of 17
PQ-2: CONFIDENTIAL BUSINESS QUESTIONNAIRE You are requested to give the particulars indicated in Part I and either Part 2 (a), 2 (b) or 2 (c) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this form. Part I- General : Business Name Location of business premises. Plot No.. Street/Road...... Postal Address.. Tel. No...... Nature of business Current Business Permit No. Expiry.... Name of your bankers Branch Part 2 (a) Sole Proprietor Part 2 (b) Partnership Give details of partners as follows: Signature of senior Partner & Stamp Date 11 of 17
PQ-3 SUPERVISORY PERSONNEL Name Age Academic Qualification Under graduate Post graduate Diploma High School Professional Qualification.. (Attach Certificates if any) Length of service with firm and position held. (Attach copies of certificates of at least 2 key personnel in the organization) Name of firm: Name of designated Official: Signature, date and stamp: 12 of 17
PQ-4 - FINANCIAL POSITION (1) Attach a copy of the most recent two years audited accounts- 4 marks (2) Attach letters of recommendation from the firm s bankers- 4 marks. (3) State Credit period (minimum proposed is 30 days) 2 marks (10 Points) 13 of 17
FORM PQ-5 - PAST EXPERIENCE NAMES OF THE APPLICANT'S CLIENTS IN THE LAST FIVE YEARS NAMES OF OTHER CLIENTS AND VALUES OF CONTRACT/ORDERS 1. Name of 1 st Client (organization) i) Name of Client (organization) ii) iii) iv) Address of Client (organization) Name of Contact Person at the client (organization).. Telephone No. of Client v) Value of Contract vi) Duration of Contract (date).. (Attach documental evidence of existence of contract and letter of recommendation) 2. Name of 2 nd Client (organization) i) Name of Client (organization) ii) iii) iv) Address of Client (organization) Name of Contact Person at the client (organization).. Telephone No. of Client v) Value of Contract vi) Duration of Contract (date).. (Attach documental evidence of existence of contract letter of recommendation) 3. Name of 3 rd Client (organization) i) Name of Client (organization) ii) iii) iv) Address of Client (organization) Name of Contact Person at the client (organization).. Telephone No. of Client v) Value of Contract vi) Duration of Contract (date).. (Attach documental evidence of existence of contract letter of recommendation) 14 of 17
4. Name of 4 th Client (organization) i) Name of Client (organization) ii) iii) iv) Address of Client (organization) Name of Contact Person at the client (organization).. Telephone No. of Client v) Value of Contract vi) Duration of Contract (date).. (Attach documental evidence of existence of contract letter of recommendation) 5. Name of 5 th Client (organization) i) Name of Client (organization) ii) iii) iv) Address of Client (organization) Name of Contact Person at the client (organization).. Telephone No. of Client v) Value of Contract vi) Duration of Contract (date).. (Attach documental evidence of existence of contract letter of recommendation) (10 Points) 4 marks for each of the five organizations provided 1 is a State Corporation. 15 of 17
FORM PQ-6 - LITIGATION HISTORY Name of Law Firm: Law firms should provide information on any history of litigation or arbitration resulting from contracts executed in the last five years or currently under execution. YEAR AWARD FOR OR AGAINST NAME OF CLIENT CAUSE OF LITIGATION AND MATTER IN DISPUTE DISPUTED AMOUNT (CURRENT VALUE, KSHS. EQUIVALENT Name of firm: Name of designated Official: Signature, date and stamp: 16 of 17
FORM PQ-7 - SWORN STATEMENT Having studied the pre-qualification information for the above project we/i hereby state: a. The information furnished in our application is accurate to the best of our knowledge. b. That in case of being pre-qualified we acknowledge that this grants us the right to participate in due time in the submission of a tender or quotation on the basis of provisions in the tender or quotation documents to follow. c. We enclose all the required documents and information required for the pre- qualification evaluation. Date Applicant s Name Represented by Signature (Full name and designation of the person signing and stamp or seal) 17 of 17