Environmental and Social Impact Assessment Study for the Proposed Construction of a Solid Waste Material Recovery Facility at Peace Winds Japan

SPECIFIC TECHNICAL ASSIGNMENT/PROJECT DETAILS

• Technical specifications of assignment: The project assessment should investigate and analyze the anticipated environmental, social, and biophysical impacts of the proposed development in line requirements, processes, and procedures of the Kenya Environmental (Impact Assessment and Audit) Regulations of 2003; as read with any other applicable rules and regulations. As a general rule, assessments must be conducted in compliance with the EIA guidelines provided by NEMA.

Objectives of the ESIA

• To obtain background biophysical information of the site and legal and regulatory issues associated with the project development.
• To ensure public/neighborhood participation in the project development.
• To identify possible environmental and social risks and impacts, both positive and negative, in the proposed area during the site preparation, construction, operationalization, and decommissioning phases of the project.
• To assess the significance and relative importance of the identified risks and impacts in project development, including the project site, design, and project plans.
• To make suggestions of possible alterations to the proposed design, based on the assessment findings.
• To propose preventive, mitigation, and compensatory measures for the significant negative impacts of the project to safeguard the environment and the people in the project area.
• To generate baseline data for monitoring, auditing, and evaluating how well the mitigation measures are being implemented during the project cycle.
• Scope of the assignment
• The Environmental and Social Impact Assessment (ESIA) will be conducted at one site within Kakuma Municipality. The assessment will involve the physical examination, and interviews with beneficiaries, relevant consultants, and government agencies. The consultant(s) will generate and submit an environmental and social impacts assessment study report by systematically examining all proposed activities. At a minimum, the submitted report should cover the following aspects:
• Nature of the project;
• Project location and the physical area that may be affected by the project activities;
• The activities that shall be undertaken during the project phases; The potential environmental and social impact of the project and mitigation measures to be undertaken during and after the project cycle;
• An action plan for the prevention and management of possible accidents during the project cycle;
• Design and development of environmental and social management tools;
• A plan to safeguard the health and safety of project site workers and neighboring communities.
• The economic and sociocultural impacts on the local community and the nation in general;
• Any other information that the proponent may be requested to provide by NEMA.
• Key tasks of assignment include but are not limited to the following broad terms of reference:
• Expectations from Peace Winds (Client) and conditions of engagement:
• Peace Winds expects the consultant to facilitate all processes, procedures, requirements, and payments on behalf of the client (Peace Winds) until the client receives a valid NEMA EIA approval certificate. In addition,
• It is expected that the anticipated level of effort (LoE) for the assignment is 17 man-days that can be executed within a span of three-point five (3.5) calendar weeks. Therefore, the consultant should ensure that even in the case of delays occasioned by the consultant or the client, the final ESIA report should be submitted to NEMA within a maximum of four (4) weeks from the contract’s execution date.
• The consultant will execute this assignment in accordance with these terms of reference (TOR) and the relevant requirements (the Environmental Management and Co-ordination (Amendment) Act (EMCA), 2015; the Sustainable Solid Waste Management Act, 2022; and the Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2019.
• The consultant is a licensed EIA service provider and assigned personnel will be adequately qualified to discharge the assignment.
• The consultant will collaborate with the Peace Winds project team to develop the work plan, including scope and input.
• The consultant will propose and submit a fair budget/price plan.
• All reports, outputs, and/or intellectual property works produced during the assignment will become the property of Peace Winds, and the consultant must deliver these upon the consultancy’s expiration.
• The consultant’s contact person will work with the Peace Winds MOFA Project Team in Kakuma, with overall guidance of the Project Coordinator. Day to day supervision will be done by the Peace Winds project staff.
• Support provided by Peace Winds (the Client) to the consultant
• PWJ will provide the consultant with the following support while they are undertaking the assignment:
• Transport during field activity (transport to the project location/airfare if required, local transportation at the project location, and transport during departure from the project location/airfare if required);
• Necessary access to the project site;
• Costs for venue, stationery, and refreshments during participant engagement meetings;
• Mobilization of participants and key informants to public participation forums and key informant consultations;
• Any available project documentation required by the consultant relating to the project.
• Accommodation (included breakfast) in project location;
• Payment of required NEMA fees (0.01% of project cost) to obtain license.
• Expenses NOT covered by our organization:
• Transport to Jomo Kenyatta International Airport (JKIA) – terminal 2 in Nairobi
•  Per diem during the stay in Kakuma
•  Lunch and dinner during the stay in Kakuma (refreshments and beverages for all visitors will be provided during field visits such as FGDs and interview)
• Assignment deliverables:
• The consultant will be required to provide the following deliverables during the course of this assignment:
• Inception report (Desk review, analysis, inception report writing and developing a revised assignment workplan). 3-man days, within 1 week of signing the contract.
• Draft ESIA report (Field work in Kakuma including: visits to project sites, collection of samples, impact assessment, analysis of the potential direct, indirect and cumulative impacts, development of mitigation measures, and compilation of the ESIA draft report writing. Facilitate public participation sessions through focus group discussions and key informant interviews to discuss the findings and address public concerns. Plans for stakeholder engagement should include meetings with relevant Government officials based in Kakuma and Lodwar offices. 7-man days, 2.5 weeks after signing the contract.
• Final ESIA report (Review of the draft ESIA report, inclusion of public participation and client feedback, and development of the Environmental Management and Monitoring Plan (EMMP). 3-man days, 3.5 weeks after signing the contract.
• NEMA project approval certificate (Submission of the necessary copies of the ESIA report and attachments to NEM(It is estimated that NEMA does their approvals within a minimum of 5 days and maximum of 21 days). Follow-up with NEMA on behalf of the client and obtain necessary certifications. 4-man days, 4 weeks after signing the contract.

PART C: MANDATORY ELIGIBILITY REQUIREMENTS AND EVALUATION

• Eligibility of individual consultants (qualifications, experience, and application documents)

The ideal consultant must meet the following criteria:

• Minimum of Bachelor degree background in environmental science, climate change, sustainability science, environmental health, public health, or related fields.
• Registered and licensed with NEMA as Lead Expert in Environmental Impact Assessment (EIA).
• Excellent written and oral communication skills.
• Demonstrated practical experience in conducting environmental assessments on AT LEAST 3 similar assignments within the last 3 years.
• Experience of working on similar assignments in Turkana County and demonstrated collaboration with locally licensed ESIA experts will be an added advantage.
• Availability to conduct the assignment promptly.
• The consultant should have and submit the following documents:
• Valid academic certificate (Bachelor’s level and above).
• alid national identification document (ID card/ passport).
• KRA (Kenya Revenue Authority) PIN.
• alid certificate of registration with NEMA as an EIA service provider.
• Detailed curriculum vitae of EIA Lead Expert.
• Technical proposal for implementing the assignment (include a realistic workplan, testimonials of qualified personnel (CV and certificates), and proof of past similar works (ESIA reports/work orders)).
• Financial proposal for implementing the assignment.
• Eligibility of corporate/group/business entities (qualifications, experience, and application documents)
• The ideal company, partnership, association, etc. must meet the following criteria:
• Be licensed by NEMA to provide Environmental Impact Assessment (EIA) services.
• Have personnel who are qualified, registered, and authorized to conduct EIA.
•  Local knowledge and delivery of similar training within the project area will be an added advantage.
• The service provider should have and submit:
• Certificate of business/institution registration/incorporation with the Business Registration Service or other relevant government authority.
• KRA (Kenya Revenue Authority) PIN and KRA Tax compliance certificate.
• Valid EIA service provider corporate/group license and personnel registration certificates as EIA service providers.
• Valid CR12 (for companies) or list of shareholders (others).
• Technical proposal for implementing the assignment (include a realistic workplan, testimonials of qualified personnel (CV and certificates), and proof of past similar works (ESIA reports/work orders).
• Financial proposal for implementing the assignment.

PART D: TECHNICAL PROPOSAL REQUIREMENTS AND EVALUATION

• Technical Proposal
• The individual or group service provider should submit the following as part of a responsive technical proposal:
• Letter of submission duly signed by authorized bidder representative (and stamped where applicable)
• Main Technical Proposal document and attachments in PDF format showing:
• Understanding of these terms of reference and the assignment (Comment on the TOR is necessary).
• The proposed methodology and approach on how you intend to undertake the assignment. Attach the company profile demonstrating capacity for environmental assessment/audit studies.
• Team composition (Summarize their role, qualifications, similar work experience, and years of experience in EIA). Attach detailed CVs of the lead expert and key team members).
• Work-plan (Table or Gantt Chart with clear activity timelines for the assignment and duties for each team member).
• Description of past similar works (clearly indicate the assignment description, date/s of execution, name of organization and details of contact person (e-mail and telephone contact). Attach at least three (3) reference letters/work orders/proof of work from current or past clients (within the last 3 years).