Verfahrensangaben

Subject of the tender procedure: Technical Assistance for performance-based service delivery in Kenya

Project description
Title: Strengthening Good Governance in Kenya
Commissioned by: German Federal Ministry for Economic Cooperation and Development (BMZ) and Co-Financed by the European Union (EU)
Country: Kenya
Main political partner: Office of the Attorney General and Department of Justice (AGDoJ)
Overall term: 01/2025 to 12/2027 (Term of EU Output: 01/2025 to 09/2027)

Context
The Strengthening Good Governance Programme in Kenya, herein referred to as GoGo programme, aims at improving governance in Kenya in terms of anti-corruption, accountability, transparency and impact orientation. The GoGo programme is commissioned by the German Federal Ministry for Economic Cooperation and Development (BMZ), co-financed by the European Union (EU) and implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. To achieve its objective, the program focuses on improving administrative practices at the sub-national level to support impact-oriented service delivery, and on enhancing the legal and institutional framework for managing public finances and combating corruption.
This consultancy contract supports the implementation of the EU-commissioned output (EU Output).
Performance management (PM) is key in public administration and service delivery especially at subnational level. The streamlining of processes, optimization of scarce resources as well as the enhancement of efficiency and effectiveness in service delivery depends mostly on functioning systems of PM, by streamlining, reducing waste, and optimizing resource use. It promotes accountability and transparency, ensures public servants are responsible for their actions and outcomes, which builds public trust. Despite progress of public sector reforms, Kenya still has significant challenges which impede effective performance management and accountable service delivery. Initially successful, performance management has lost momentum over time. Frequent changes in the responsible office due to government regime shifts have led to fragmented management and inconsistent tool application, resulting in uncoordinated implementation. Additional challenges include in-adequate funding, weak oversight capacity, lack of clear incentives and sanctions, and non-compliance with guidelines. Consequently, these issues have led to inefficient resource use, duplicated efforts, and a lack of accountability for achieving impactful results for Kenyan citizens.

Objective
The objective is to create more accountable, transparent and efficient public institutions that provide improved services to citizens.
Approach
To achieve its objective, the program focuses on the following result areas:
Outcome and Outputs Indicators
Outcome:
County systems are improved to deliver devolved services.
Output 1:
Roll-out of the Kenya Integrated Performance Management Policy (KIPMP) to county governments. I 1.1 The Kenyan Integrated Performance Management Policy has been reviewed and updated.
I 1.2. The legal framework (policies/ laws/ regulations) has been enacted to implement the KIPMP.
Output 2:
Strengthening the capacity of the Public Service Performance Management Unit (PSPMU) and the Public Service Commission (PSC). I 2.1: Number of certified staff (PSMU and PSC) on general concepts of performance management as well as newly elaborated methodologies on performance management.
Output 3:
Strengthening the capacity of County Public Service Boards (CPSBs) and County Assemblies, county departments for public service. I 3.1: Plans approved by county assemblies in the target counties with a gender-based approach.
I 4.2: Number of county Public Service Board members and county assembly members/ technical staff are trained within the target counties.
Output 4:
Strengthened County (both executive and legislature) capacities in Public Expenditure Management (PEM) processes. I 4.1: Number of long-term plans in conformity with the County Governments Act, approved and integrated to medium-term planning and Medium-term Expenditure Framework (MTEF) processes in target counties with a gender-based approach.
I 4.2: Number of county executive and county assembly technical staff trained on various aspects of PEM processes in target counties.
Output 5:
Institutionalised guidelines for County PEM processes with gender-based approaches I 5.1: Number of PEM guidelines developed and rolled out for use by target counties

The lead executing agency for the project is the Office of the Attorney General and Department of Justice (OAG&DoJ). Other key partners include the Council of Governors (CoG), Public Service Performance Management Unit (PSPMU), State Department for Devolution (SDD) and 15 County Executives & Assemblies (Baringo, Elgeyo Marakwet, Embu, Homa Bay, Isiolo, Kakamega, Kilifi, Kirinyaga, Kisumu, Kwale, Machakos, Makueni, Tana River, Turkana and Vihiga).
The ultimate beneficiaries of the programme are the citizens of Kenya who will benefit from a more citizen-oriented, trustworthy and accountable governance.

The Strengthening Good Governance Programme in Kenya, herein referred to as GoGo programme, aims at improving governance in terms of anti-corruption, accountability, transparency and impact orientation. The GoGo programme is commissioned by the German Federal Ministry for Economic Cooperation and Development (BMZ), co-financed by the European Union (EU) and implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. The programme collaborates with national authorities, civil society organisations, as well as 15 county assemblies and executives.
This consultancy contract supports the implementation of the EU-commissioned output (EU Output), which focuses on the review, adaptation, and roll-out of the Kenya Integrated Performance Management Policy (KIPMP). It also includes strengthening the capacity of national and county-level institutions in key areas such as performance management, monitoring and evaluation (M&E), human resource management, budgeting and gender-sensitive expenditure management, strategic planning, and oversight mechanisms.
The contractor"s services will be fully integrated into the overall programme approach and must align with the programme"s overarching strategy and objectives. The contractor is expected to deliver on the following key activities:
1) Strengthening of the Legal and Collaboration Framework
The Objective is to support the GoGo programme"s interventions to strengthen the legal framework and collaboration structure for an integrated, harmonized and standardized Performance Management Architecture.
2) Capacity Development for impact-oriented service delivery
The objective is to support the GoGo programme"s interventions to strengthen the institutional and individual capacities of national and county partners regarding impact-oriented service delivery and effective use of performance tools and systems. While the national partners (focus on Public Service Performance Management Unit, Council of Governors, State Department for Devolution, to a lesser extent the Public Service commission) should be capacitated and strengthened to facilitate knowledge transfer and Trainings on Performance Management, the county partners will be trained and mentored on different thematic areas (e.g. performance management, human resource management, strategic long and mid-term planning, gender-responsive planning and reporting, public expenditure management, program-based and gender-based budgeting, and oversight. Additional topics may also emerge during implementation).
3) Strengthen Peer learning on impact-oriented service delivery
The objective is to support the GoGo programme"s interventions to strengthen peer learning amongst partner counties to enhance mutual learning and upscaling of best practices regarding performance management and impact-oriented service delivery. This key activity also includes the organization and implementation of a regional study trip for partners.

4) IT Support for Performance Management Systems
The Objective is to support the GoGo programme"s interventions to strengthen the existing national performance contracting IT system and develop IT solutions for county level performance management monitoring.

In addition to the key activities defined above, the contractor will also provide services related to cross-cutting issues. These include:
- Facilitating and moderating internal GIZ trainings, workshops, and peer-learning sessions.
- Developing communication products, such as informational videos, animations, and other multimedia content to support visibility and knowledge sharing.

The key activities are supposed to be implemented through the following instruments:
Key Expert 1: Pool Manager with national experience
Based in Nairobi and responsible for the overall coordination and management of three distinct short-term expert pools (Expert Pool 1, 2 and 3, please see below).
In addition to coordinating these expert pools, Key Expert 1 will provide technical support for Work Packages 1, 2 and 3 as described in section 2.2.
Key Expert 2 and Key Expert 3: Experts with national experience
Key Expert 2 and Key Expert 3 will be stationed in Kisumu and Mombasa, respectively. They will support the regional coordination and implementation of activities within the counties, in close collaboration with GIZ staff and local stakeholders.
Expert Pool 1: Short-term experts (with international experience)
Expert Pool 2: Short-term experts (with national experience)
Expert Pool 3: Short-term IT experts (with national experience)

GIZ may optionally commission contract amendments and/or increases based on the criteria in the tender documents to the successful bidder of this tender. For details, please see the terms of reference.

According to Article 160, Section 3 of the German Act Against Restraint of Competition (GWB), application for review is not permissible insofar as
1. the applicant has identified the claimed infringement of the procurement rules before submitting the application for review and has not submitted a complaint to the contracting authority within a period of 10 calendar days; the expiry of the period pursuant to Article 134, Section 2 remains unaffected,
2. complaints of infringements of procurement rules that are evident in the tender notice are not submitted to the contracting authority at the latest by the expiry of the deadline for the application or by the deadline for the submission of bids, specified in the tender notice.
3. complaints of infringements of procurement rules that first become evident in the tender documents are not submitted to the contracting authority at the latest by the expiry of the deadline for application or by the deadline for the submission of bids,
4. more than 15 calendar days have expired since receipt of notification from the contracting authority that it is unwilling to redress the complaint.
Sentence 1 does not apply in the case of an application to determine the invalidity of the contract in accordance with Article 135, Section 1 (2). Article 134, Section 1, Sentence 2 remains unaffected.

All communication takes place in English via communication tool in the project area of the procurement portal.