PROVISION OF LEGAL CONSULTING SERVICES

KENYA MILLENNIUM DEVELOPMENT FUND TENDER JANUARY 2025 

MILLENNIUM CHALLENGE CORPORATION

1. The United States of America, acting through the Millennium Challenge Corporation (“MCC”), and the Government of Kenya (“Government”) signed a Threshold Program Grant Agreement (“THP Agreement”) on September 19, 2023, through which MCC will provide funding not to exceed Sixty Million United States Dollars (USD $60,000,000) (« MCC Funds ») to the Government of Kenya for a program called the Kenya Urban Mobility and Growth Threshold Program (“THP Program”). This agreement with Kenya seeks to assist in addressing limited connectivity in urban areas, a critical constraint to inclusive economic growth. The Government has formed the Accountable Entity (AE), Kenya Millennium Development Fund (“KMDF”), for the purpose of implementing the THP Program.

This agreement with Kenya seeks to assist in addressing limited connectivity in urban areas, a critical constraint to inclusive economic growth. The Government has formed the Accountable Entity, Kenya Millennium Development Fund (“KMDF”), for the purpose of implementing the THP Program. Subject to the terms and conditions of the Threshold Program, related agreements, and the availability of funds, the Government intends to use a portion of the funds to finance professional Fiscal Agent services from a legally constituted firm (“Fiscal Agent”, ‘FA” or “Offeror”) to assist the Government with the implementation of the THP Program in a transparent and sound manner. This Grant and related documents are available on MCC website  (www.mcc.gov).

2. The THP Agreement consists of the following four (4) projects:
3. i)The Integrated Transport Planning project strengthens the Nairobi Metropolitan Area Transport Authority (“NAMATA”) and builds its capacity to coordinate, manage and lead long-term efforts to rationalize the planning and prioritization of transportation investments among a range of public agencies and authorities.
4. ii)The First and Last Mile Connections project supports improvements in both the planning and implementation of small-scale infrastructure that connects residents of economically disadvantaged neighborhoods east of Nairobi’s central business district to stations on one of the busiest lines on the existing commuter rail service and two lines on the planned bus rapid transit (“BRT”) system.

iii)   The Detailed Land Use Planning project updates the policy and regulatory framework for land use decisions throughout the county, supports integrated processes for the development of a comprehensive land use plan for neighborhoods located east of Nairobi’s central business district, and introduces new approaches to transit-oriented development that build stronger connections between residential, commercial, and industrial areas and the emerging commuter rail service and BRT system.

1. iv)The Blended Finance for Bus Rapid Transit (BRT) Project aims to catalyze private financing to support the acquisition of electric (or other low emission) buses to operate one or more lines of the bus rapid transit (BRT) system, currently being prepared for the Nairobi metropolitan area. The project aims to facilitate the timely operation of BRT lines and contribute to the Government of Kenya’s goals of reducing greenhouse gas emissions related to urban transportation.
2. MCC requires that all beneficiaries of MCC Funding, including the AE Entity and any applicants, Bidders, Suppliers, contractors, Subcontractors, consultants, and sub-consultants under any MCC-funded contracts, observe the highest standards of ethics during the procurement and execution of such contracts. MCC’s Policy on Preventing, Detecting and Remediating Fraud and Corruption in MCC Operations (“MCC’s AFC Policy”) is applicable to all procurements and contracts involving MCC Funding and can be found on the MCC website at: https://www.mcc.gov/resources/doc/policy-fraud-and-corruption .
3. This Request for Offers, the RFO, follows the General Procurement Notice that appeared in dgMarket website (http://www.dgMarket.com) and UNDB Online (http://www.devbusiness.com) on September 10, 2024, and the Local newspaper MyGov on September 24, 2024.
4. KMDF now invites Offers from legally constituted firms and organizations to provide the Fiscal Agent Services (“Offers”). More details on these Agency Services are provided in the Terms of Reference in Section V of this RFO. The Fiscal Agent will provide support (“Fiscal Agent Services” or “Agency Services”) in accordance with the terms and conditions set forth in an agreement (the “Fiscal Agent Agreement”, “FA Agreement” or “FAA”), a form of which is attached to this Request for Offers (“RFO”) in Section VI.
5. The RFO is open to all eligible entities (“Offerors” or “Agents”) who wish to respond. Subject to restrictions noted in the RFO, Offerors may associate with other Offerors to enhance their capacity to successfully carry out the assignment.
6. An Offeror will be selected under the Quality and Cost-Based Selection (“QCBS”) method, an evaluation procedure that is described in Section III of the RFO in accordance with the “MCC Accountable Entity Procurement Policy and Guidelines” provided on the MCC website (www.mcc.gov/ppg) . The selection process, as described, will include a review and verification of qualifications and past performance, including a reference check, prior to the contract award.
7. A Pre-Offer Conference will be held at 3.00pm EAT (GMT+3) on January 16, 2025, via an online event that can be attended by clicking on the following link: Pre-Offer Conference – KMDF Fiscal Agent Services | Microsoft Teams | Meetup-Join.
8. Offerrs interested in receiving the RFO and submitting an Offer should register using the following link: https://forms.office.com/r/eCVy5afgjk  . Offerors should provide their correct email contact details. This will ensure that the Offerors receive updates regarding this RFO.
9. The Offers (Technical and Financial) shall be submitted in the manner specified in the ITO 18.1 no later than 4:00 pm (GMT+3) on February 04, 2025. Only electronic Offers submitted via the File Request Link (FRL), provided in ITO 17.1 c), will be accepted. Late Offers will not be accepted under any circumstances.

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